Full Sail Books Terms and Conditions
Last Updated: November 3, 2011
This agreement changed on the date listed above.
Please see the end of this document for an explanation of any changes.
PLEASE READ THIS DOCUMENT. IT IS A BINDING AGREEMENT BETWEEN THE AUTHORS, PUBLISHERS (“YOU”), AND FULL SAIL BOOKS.
This document contains information regarding how we will work together and includes policies regarding registration, pricing (see Pricing Page ), termination of this agreement, submission guidelines, rejection of books, and payment.
1 Agreement Acceptance. When you click the agree or accept box when you are given the option to do so, you accept this Agreement and agree to be bound by its terms. Or, by using the this site, or any part of it. If you don’t accept the terms you won’t be allowed to use this website to sell or promote your work. We welcome feedback on this Agreement by email to Admin@FullSailBooks.com
2 Agreement Amendment. We reserve the right to change this agreement occasionally as needed. We will give you notice of the changes by posting new terms in place of the old at www.FullSailBooks.com with a revision date indicated at the top or by sending an email to the email address then registered for your account. When you receive any amendment to this agreement and do not wish to continue with the agreement you must opt out by sending us an email or letter stating your intentions. Failure to respond to an updated agreement is considered acceptance.
3 Term and Termination. The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you. We are entitled to terminate this Agreement and your access to your Program account at any time. We will notify you within 5 business days after termination. You are entitled to terminate at any time by providing us notice of termination, in which event we will cease selling your Digital Books within 5 business days from the date you provide us notice of termination. We may also suspend your Program account at any time with or without notice to you, for any reason in our discretion. Following termination or suspension, we may fulfill any customer orders for your Digital Books pending as of the date of termination or suspension, and we may continue to maintain digital copies of your Digital Books in order to provide continuing access to or re-downloads of your Digital Books or otherwise support customers who have purchased a Digital Book prior to termination or suspension.
4 Eligibility and Registration
4.1 Eligibility You have to be at least 18 years old
4.2 Account Information; No Multiple Accounts. It’s up to you to be sure that all the information you provide to Full Sail Books is accurate. This includes but is not limited to your name, address, social security number and email address. Be sure you keep it up to date. This is the information we will you use to pay you your royalties. We don’t allow more than one account per author or publisher. We don’t allow dummy accounts, or false names. If you register under false names, your account will be terminated and you will not be allowed to re-register.. By signing this agreement you agree to allow us to use your email address and mailing address to send information to you.
4.3 Account Security. It is up to you to safeguard and maintain the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You agree not to permit any third party to use the your account and will not use the account of any third party. You agree to immediately notify Full Sail Books of any unauthorized use of your username, password or account.
5 Digital Book Distribution Rights.
5.1 Delivery, Acceptance and Withdrawal.
5.1.1 Delivery. It is up to you to provide Full Sail Books with the digital content of your book. We do not return any electronic files or physical content or media you deliver to us. You are responsible to make sure you deliver all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code.
5.1.2 Content Requirements. You must ensure that all Digital and Paperback Book content are in compliance with our Content Guidelines for content at the time you submit it to us. If you discover that content you have submitted does not comply, you must immediately withdraw the content by submitting a Request for Withdrawal. We reserve the right to remove or modify the metadata and product description you provide for your Digital Books for any reason, including if we determine that it does not comply with our content requirements. We may also remove all or any part of your Digital Book’s cover art for any reason, including if we determine that it does not comply with our content requirements. Do not include in any Digital Book any advertisements or other content that is primarily intended to advertise or promote products or services. Be sure that all the metadata you provide to Full Sail Books is current, complete, and accurate. If you discover that any metadata you have provided to us for a Digital Book is inaccurate or incomplete, you must promptly submit corrected metadata to us using the Author Submission Change Form.
5.1.3 Digital Book Rejection. Full Sail Books retains the right to determine what content we accept and distribute through our website. If we request that you provide additional information relating to your Digital Books, such as information confirming that you have all rights required to permit our distribution of the Digital or Paperback Books, you will promptly provide the information requested. In addition, you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize Full Sail Books, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the Digital and/or Paperback Books and the accuracy of the information or documentation you provide to us with respect to those rights.
You agree that your Digital or Paperback Book meets the content standards as outlined in the Content Guidelines. If complaints are received by Full Sail Books
5.1.4 Digital Book Withdrawal. If you want to withdraw your digital book, you may do so at any time by filling out and submitting a Withdrawal Form. Full Sail Books reserves the right to remove a Digital Book from the website for any reason or no reason, including but not limited to lack of compliance with the Content Guidelines. We may also remove any artwork for any reason, or without reason. If we determine that a Digital or Paperback Book falls outside of the Content Guidelines you will be notified that the book is being withdrawn and have the opportunity to remedy the content to bring it within the Content Guidelines.
5.1.5 Work is Published “As Is.” Full Sail Books takes no responsibility for the final digital condition a work appears in on the website unless the Author has retained Full Sail Books to format and upload the book on the Authors behalf.
5.2 Pricing and Program Terms.
5.2.1 List Price. It is up to you to provide a list price for each Digital or Paperback Book you submit to.
5.3.1 Royalties. As long as you haven’t breached your obligations under this Agreement, for each Digital or Paperback Book sold to a customer (i.e., an end user) we will pay you the applicable Royalty set forth in the Pricing Page, net of refunds, bad debt, and any taxes charged to a customer or applied with respect to sales to a customer. If you are mailing out your own paperback books resulting from a sale made on Full Sail Books you are responsible for payment of any and all state and local sales taxes applicable at the time of sale.
5.3.2 Payment Terms. Full Sail Books will pay Royalties on Digital or Paperback Book sales approximately sixty (60) days following the end of the calendar month during which they make the applicable sale. At the time of payment, we will provide you with a report detailing sales of Digital or Paperback Books and corresponding Royalties. All payments will be made via check. We are entitled to accrue and withhold payments until the total amount due is at least $25. You may not maintain any action or proceeding against us in respect of any statement unless you commence that action or suit within six (6) months after the date the statement is rendered. Any such action or proceeding shall be limited to a determination of the amount of monies, if any, payable by us to you for the accounting periods in question, and your sole remedy will be the recovery of those monies with no interest. We can withhold, offset or reduce Royalties as follows:
(i) If we pay you a Royalty on a sale and later issue a refund, return, or credit for such sale, we may offset the amount of the Royalty previously paid for the sale against future Royalties, or require you to remit that amount to us.
(ii) If a third party asserts that you did not have all rights required to make one of your Digital or Paperback Books available through the Program we may hold all Royalties due to you until we reasonably determine the validity of the third party claim. If we determine that you did not have all of those rights or that you have otherwise breached your representations and warranties or our Content Guidelines with regard to a Digital Book, we will not owe you Royalties for that Digital Book and we may offset any of those Royalties that were previously paid against future Royalties, or require you to remit them to us.
(iii) If we terminate this Agreement because you have breached your representations and warranties or our Content Guidelines, you forfeit all Royalties not yet paid to you.
(iv) Upon termination of this Agreement, we may withhold all Royalties due for a period of three months from the date they would otherwise be payable in order to ensure our ability to off-set any refunds or other offsets we are entitled to take against the Royalties.
(v) If after we have terminated your account you open a new account without our express permission, we will not owe you any Royalties through the new account.
Our exercise of these rights does not limit other rights we may have to withhold or offset Royalties or exercise other remedies.
5.3.3 Taxes. The Full Sail Books is responsible for collecting and remitting any and all taxes imposed on their respective sales of Digital or Paperback Books to customers. You are responsible for any income or other taxes due and payable resulting from payments to you by Full Sail Books under this Agreement. Accordingly, unless otherwise stated, the amounts due to you hereunder are inclusive of any taxes that may apply to such payments. The Full Sail Books maintains the right, however, to deduct or withhold any and all applicable taxes from amounts due by them to you, and the amounts due, as reduced by those deductions or withholdings, will constitute full payment and settlement to you.
The IRS requires that Full Sail Books withhold taxes from the net proceeds do to you if we determine that you have not provided the proper tax information. Full Sail Books requires a SSN or EIN as well as a valid US postal mailing address. If you do not provide a valid tax id then the IRS requires that Full Sail Books withhold 28% of net proceeds and send it to the IRS within days of sending out payments to authors.
5.4 DRM and Piracy. We do not offer Digital Rights Management. It has been show to be easily cracked and readers seem to resent the idea that you don’t trust them when the purchase your work. However, we do recognize your right to receive payment of work you have done on your book. We encourage everyone involved with Full Sail Books, whether it is a customer, author, agent or publisher, to act with the highest integrity in this area.
5.5 Representations, Warranties and Indemnities. You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) prior to you or your designee’s delivery of any content, you will have obtained all rights that are necessary for the exercise the rights granted under this Agreement; (c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; (d) you will ensure that all Digital or Paperback Books delivered under the Program comply with the technical delivery specifications provided by us; and (e) you will be solely responsible for accounting and paying any co-owners or co-administrators of any Digital or Paperback Book or portion thereof any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable hereunder. To the fullest extent permitted by applicable law, you will indemnify, defend and hold Full Sail Books, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing.
5.6 We are not an agency. By agreeing to these terms and conditions we do not create between us any agency, partnership, joint venture or other joint relationship. Further, we are not a distributor and we do not own the works uploaded to the Full Sail Books website.
5.7 Copyright. You certify that you have full rights to the content you upload. If there is a question of copyright, we will pull the Digital Work until such time as any disputes are resolved between all parties. If you feel there is a Digital Book on the Full Sail Books website that infringes upon your copyright(s), inform Full Sail Books immediately at Admin@FullSailBooks.com so we can help you. We will make every attempt to contact the author, publisher or agent that made the content available to Full Sail Books. The author, publisher, or agent who made the content available to Full Sail Books may be held liable for any and all damages based on material misrepresentations contained in the infringement notice.
6 Abuse of the Full Sail Books website. We are a team at Full Sail Books. Our goal is to promote work that is family friendly and Christ centered. Our actions should therefore reflect this spirit. We reserve the right to suspend, limit or terminate an account if we feel a member has violated the spirit of this agreement. So behave yourselves.
7 Limitation of Liability. THE PROGRAM IS PROVIDED “AS IS.” WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES DUE AND PAYABLE BY FULL SAIL BOOKS UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PUBLISHER ACKNOWLEDGES AND AGREES THAT FULL SAIL BOOKS CANNOT ENSURE THAT DIGITAL OR PAPERBACK BOOKS SUBMITTED BY OR ON BEHALF OF PUBLISHER WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES FULL SAIL BOOKS MAY MAKE APPLICABLE IN CONNECTION WITH USE OF DIGITAL OR PAPERBACK BOOKS, AND FULL SAIL BOOKS WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES.
8 Dispute Resolution. Governing Law This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of California, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in the State of California shall have jurisdiction to hear any dispute under this Agreement.
9 Infringement. Infringement upon another is a serious matter. If we receive written notice of infringement or defamation by an Author’s material, Full Sail Books will remove the Author’s material and reserves the right to remove all information regarding the Author and/or the Author’s publisher from the website.
9a. Infringement by others upon Authors material. If an Author receive notice that an Author’s material or copyright has been violated by a third party, the Author shall immediately inform Full Sail Books. It is the Author’s responsibility to rectify the matter through whatever avenues deemed appropriate by the Author. If the Author’s material is published on Full Sail Books, Full Sail Books will remove the material as per section 9a, above.
9c. Rights and permissions. It is the Authors responsibility to secure all necessary permission for all work prior to publishing their work on Full Sail Books.
10. Indemnification. You the Author or End User of any products sold through Full Sail Books agrees to indemnify and hold harmless Full Sail Books, its customers, officers, members, employees against any expense including but not limited to reasonable attorney’s fees and disbursements or judgments, settlements or other liability arising out of any claim or legal proceedings asserting claims contrary to any warranty or representation made by You in this Agreement.
10a. Notice of Claim. If we receive a notice of a claim, demand, action, suit or other legal action stemming from the sale of material from this site, Full Sail Books retains the right to withhold any reasonable sums payable to the Author as security for the payment of the Author’s potential obligations.
11. Warranties. By uploading your work to Full Sail Books you, the Author, warranty that the works is the sole property of the Author. Also that it is not plagiarized or pirated and it does not infringe upon another. In addition, you warrant that your material is not a public domain work.
12. End Users. End users are the people who purchase material from Full Sail Books. The End User is allowed to use each copy of the Author’s material in any reasonable non-commercial manner in compliance with copyright law and pursuant to this Agreement.
13 Mediation. In the event a dispute shall arise between the parties to this Agreement, the parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration & Mediation. The parties agree to share equally in the costs of the mediation. The mediation shall be administered by a mutually agreeable Mediation firm in San Luis Obispo County, California. Mediation involves each side of a dispute sitting down with an impartial person, the mediator, to attempt to reach a voluntary settlement. Mediation involves no formal court procedures or rules of evidence, and the mediator does not have the power to render a binding decision or force an agreement on the parties.
13a. Arbitration. In the event a dispute shall arise between the parties to the Agreement and Mediation has failed, it is hereby agreed that the dispute shall be referred to an Arbitration firm from the San Luis Obispo County, California for multi-jurisdictional arbitration in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
We updated the Agreement on the date listed at the top of this Agreement. Below is a summary of the principal changes contained in the revised Agreement. You should carefully review the revised Agreement in its entirety to ensure you understand fully all terms of the revised Agreement.
No additions or revisions have been posted as of 11.3.2011