This agreement (the "Agreement") is a binding agreement between the individual or the entity identified in your Uncursed Reader ("uReader") account ("you" or "Publisher") and each Uncursed party. The "Uncursed parties" are, individually, Uncursed LLC, and each other Uncursed affiliate that joins as a party to this Agreement. An Uncursed "affiliate" is any entity that directly or indirectly controls, is controlled by, or is under common control with an Uncursed party. "Uncursed," "we" or "us" means, together, the Uncursed parties and their affiliates.
Acceptance of the Agreement. You accept this Agreement and agree to be bound by its terms by (a) clicking agree or accept where provided, or (b) using the Program or any part of it. You are not permitted to use the Program if you do not accept the terms. If the Publisher is an entity, the individual who accepts this Agreement on behalf of the Publisher represents and warrants that he or she is authorized to enter into this Agreement on behalf of the Publisher and to bind the Publisher to the terms of this Agreement.
Agreement Modification. The Program will evolve over time, and the terms of this Agreement will also evolve. We reserve the right, at our sole discretion, to change the terms of this Agreement at any time. We will notify you of changes by posting new terms with a revision date at the top or by sending an email to the email address you used to register for your Program account. Here are the guidelines for determining when changes will become effective and binding on you:
Modifications to the Agreement Terms Other Than Those in Sections addressing (Royalties) and (Grant of Rights). Changes to this Agreement's terms other than those in Sections addressing (Royalties) and (Grant of Rights) will be effective on the date we post them, unless we specify otherwise at the time we post the changes. You must check for updates, and your continued use of the Program after we post changes constitutes your acceptance of the changes. If you do not agree with the changes, you must withdraw your Books from further distribution through the Program and cease using the Program.
Modifications to the Agreement Terms Other Than Those in Sections addressing (Royalties) and (Grant of Rights). Changes to this Agreement's terms other than those in Sections addressing (Royalties) and (Grant of Rights) will be effective on the date we post them, unless we specify otherwise at the time we post the changes. You must check for updates, and your continued use of the Program after we post changes constitutes your acceptance of the changes. If you do not agree with the changes, you must withdraw your Books from further distribution through the Program and cease using the Program.
Term The term of this Agreement will begin upon your acceptance of it and will end when either we or you terminate it. We reserve the right to cancel this Agreement and your access to your Program account at any time. We will notify you if your account is terminated. You may terminate at any time by providing us with written notice of termination, in which case we will stop selling your Digital Books within 5 business days of receiving your notice of termination. We may also, at our discretion, suspend your Program account at any time, with or without notice to you. Following termination or suspension, we may fulfill any pending customer orders for your digital books, 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, as well as digital copies of your Books to support customers who purchased a Book prior to termination or suspension. The following provisions of this Agreement will survive its termination: Customers' rights to Digital Books acquired will survive termination.
Qualification. To participate in the Program, you must have an active Program account. You represent that you are at least 18 years old (or the age of majority in your jurisdiction, whichever is older) and capable of entering into legally binding contracts. A minor's parent or guardian can open a uReader account and become the Publisher of the minor's Book.
Account safety. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password, as well as for all activities that occur under your account, whether or not you have authorized them. You are responsible for, and may be held liable for, any losses incurred by uReader as a result of such activities. You may not allow any third party to use the Program through your account and will not use any third party's account. This Agreement includes and is accepted on behalf of any other party who uses the Program under or in connection with your account, such as an employee or contractor. You agree to notify uReader immediately of any unauthorized use of your username, password, or account.
Rights to Book Distribution.
Acceptance, Delivery, and Withdrawal.
Delivery. Each book you want to distribute through the program must be provided to us at your own expense. We will not return any electronic files, physical content, or media that you send us as part of the Program. All electronic files must be free of viruses, worms, and other potentially harmful or disrupting code.
Content Prerequisites. When you submit Book content to us, you must ensure that it complies with our Program Policies for content. If you discover that the content you submitted does not comply, you must immediately withdraw it by unpublishing it or republishing content that does comply using the Program's Book withdrawal or republishing procedures. We reserve the right to remove or modify any metadata, product description, information, or images you provide for your Books for any reason, including if we determine that they do not meet our content requirements. We may also remove all or part of the cover art for your Book for any reason, including if we determine that it does not meet our content requirements. Advertisements or other content primarily intended to advertise or promote products or services may not be included in any Book. You must ensure that all metadata you provide us is up to date, complete, and correct. If you discover that any metadata you provided to us for a Book is incorrect or incomplete, you must promptly submit corrected metadata to us using the Program's metadata submission procedures.
Rejection of a Book. In our sole discretion, we have the right to decide what content we accept and distribute through the Program. If we request additional information about your Books, such as confirmation that you have all the rights necessary to allow us to distribute the Books, you will provide it promptly, and 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 us to make any inquiries we deem necessary, directly or through third parties, to verify your rights to allow us to distribute the Books and the accuracy of the information or documentation you provide to us regarding those rights.
Withdraw your reservation. You may withdraw your Digital Books from further sale in the Program at any time with five business days' notice by following the Program's then-current Book withdrawal or unpublishing procedures. We may fulfill any customer orders placed prior to the date the Books are available for purchase, and we may continue to sell any remaining inventory of Print Books. All Book withdrawals will be retroactive and will not apply to customers who purchased the Books prior to the date of removal.
Restructuring. We may reformat your Books at our discretion, and you acknowledge that unintentional errors may occur during the reformatting process. If such errors occur, you may remove the affected Book from further sale in the Program as described in Section 5.1.4 above, and this will be your sole remedy for the errors. We may, at our discretion, correct any errors in a Book file as you send it to us.
Promotion and marketing. We will have sole discretion in determining all marketing and promotions related to the sale of your Books through the Program and may, without limitation, market and promote your Books by making chapters or portions of your Books free of charge to prospective customers and by allowing prospective customers to see excerpts of your Books in response to search queries. We will not be obligated to pay you for any marketing or promotional efforts. You agree that we are under no obligation to market, distribute, or sell any Book, or to continue marketing, distributing, or selling a Book after we have begun doing so.
Reviews. The uReader Community Guidelines apply to you. We reserve the right to take any action with regard to your account in accordance with those Guidelines, including the removal of any review that violates the Guidelines.
Terms of Payment and Royalties for uReader
We can change or update the Royalty and Payment Terms at any time. As stated in the uReader Terms & Conditions, the changes will take effect 30 days after they are posted.
eBook Rates for Royalties
For each eBook, you will choose a List Price. You will get 80% of the list price as an author royalty. At all times, you will make sure that the eBook List Price is no more than the list price of the eBook at any other store, website, or sales channel.
Price setting. We have sole and complete discretion to set the retail customer price at which your Books are sold through the Program, to the extent not prohibited by applicable laws. We are solely responsible for payment processing, payment collection, refund requests, and related customer service.
Payments of royalties
Once your book books start selling on uReader, you'll need to keep track of your book royalty payment information. If you sell both eBooks and printed copies of your book, you will get one payment that includes author royalties from both eBooks and printed copies.
In the Payments section of the Sales Reporting dashboard, you can see payments by ID for both eBook sales.Royalty and Payment Terms say you will get paid 30 days after the end of the month in which the sale happened (i.e. your January payment will be for your December sales).
Your payments will be transferred into the bank account that you have on file with Uncursed LLC via an Electronic Funds Transfer (EFT). Depending on how fast your bank works, it could take up to 2-3 business days for the money to show up in your account.
Payment Policy. In order to receive Royalty payments, we may require you to provide certain information or to register a valid bank account in your Uncursed account. We will not be obligated to make Royalty payments to you if you fail to provide that information or if the information you provide is incomplete or inaccurate. Other payment policies, such as minimum payment amounts for different payment methods and check fees, may be established from time to time.
Liability Limitation. THE PROGRAM IS AVAILABLE "AS IS." WE WILL NOT BE LIABLE FOR ANY LOSS OF DATA, PROFITS, COST OF COVERAGE, 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. OUR LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE AMOUNT OF FEES DUE AND PAYABLE BY UNCURSED UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRIOR TO THE CLAIM. ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT. PUBLISHER ACKNOWLEDGES AND AGREES THAT UNCURSED CANNOT ENSURE THAT 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 UNCURSED MAY MAKE APPLICABLE IN CONNECTION WITH USE OF BOOKS, AND UNCURSED 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. UREADER IS RESPONSIBLE FOR COMPLEX SYSTEMS AND PROCESSES. WE WORK HARD TO MAKE OUR SYSTEMS AND PROCESSES ERROR-FREE AND EFFECTIVE, BUT WE CANNOT GUARANTEE THIS, AND WE WILL HAVE NO LIABILITY FOR SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS, OR LATENCIES.
Force Majeure. Uncursed will not be liable to you for any failure or delay in performing its obligations under this Agreement that is caused by an event or circumstance beyond its control, such as denial-of-service attacks, insurgency, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.
Conflicts. Any dispute or claim relating to this Agreement or uReader will be resolved through binding arbitration rather than in court, with the exception that either party may choose to proceed in small claims court in the United States if the claims qualify under applicable law. This Agreement is governed by the United States Federal Arbitration Act and federal arbitration law. Arbitration does not have a judge or jury, and court review of an arbitration award is limited. An arbitrator, on the other hand, can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must adhere to the terms of this Agreement in the same way that a court would. Before you can begin an arbitration proceeding, you must send a letter to our legal team at, Uncursed Legal, 19644 Clubhouse Road Suite 815, Gaithersburg, Maryland USA, notifying us of your intent to pursue arbitration and describing your claim. The American Arbitration Association (AAA) will conduct the arbitration under its Commercial Arbitration Rules. The AAA's Commercial Fee Schedule will govern the payment of all filing, administration, and arbitrator fees. You and I both agree that the underlying arbitration award may be appealed in accordance with the AAA's Optional Appellate Arbitration Rules.