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Royalty, Payments & Rights

Last updated: 30 October 2022

  1. Payments

    1. Royalties. You will receive the full amount paid by the online bookseller to us as royalties less our commissions for each Work sold through the Program. We understand, acknowledge, and agree that royalties received by you are independent of our control and are dependent on the royalty rate provided by bookstores, your list price, and the number of copies sold.Additionally, you acknowledge and agree that bookstores may deduct sales tax and other surcharges from the gross sales of your works, over which we have no control. Additionally, you acknowledge and agree that InkofKnowledge is not responsible or liable for any royalties paid to us by bookstores. You must resolve any dispute with a retailer of your Works, whether online or otherwise.

    2. Payment Terms. Within 15 business days following the end of each month, we will pay you royalties received from bookstores on your Work sales. According to their terms of service, bookstores usually defer payment of royalties for a period of time following the end of the period for which royalties are calculated. Until we receive these payments ourselves, we are not obligated to pay you any royalties. We will not be obligated to pay royalties to you if any bookstore fails to pay royalties to us for any reason.

    3. At the time of our payment of royalties to you, we will make available to you a report detailing sales of Works and corresponding royalties. All payments will be made via check, PayPal, Razorpay Payout Link, UPI or Electronic Funds Transfer (“EFT”) payments or other method we designate.

    4. Under the terms of service or standard business practices of different booksellers, royalties may be withheld, offset, or reduced for a variety of reasons. You will only receive royalties that we actually receive.

    5. If Ink of Knowledge pays you under this Agreement, you are responsible for any income or other taxes due and payable. As required by tax laws and regulations, we must report payments received from you to taxing authorities.Upon request, you will provide us with an appropriate tax identification number (SSN, TIN or EIN).

  2. Grant of Rights. You grant to Ink of Knowledge, throughout the term of this Agreement, a nonexclusive, worldwide right and license to distribute Works, directly and through third-party bookstores of your choice, in all digital and print formats (now or hereafter created) by all digital and physical distribution means available. This right shall be irrevocable unless and until you terminate this Agreement according to its terms. Some of the rights you grant to us are necessary for bookstores to operate according to their terms of service.

    1. Your grant of rights to us includes, without limitation, the right to: (a) reproduce and store Works on one or more computer facilities, and reformat, convert and encode Works and at various warehouses; (b) display, market, transmit, distribute, sell and otherwise digitally and physically make available all or any portion of Works through bookstores selected by you for customers and prospective customers to download, access, copy and paste, print, annotate and/or view online and offline, including on portable devices; (c) permit customers to "store" Works that they have purchased on servers ("Virtual Storage") and to access and re-download such Works from Virtual Storage from time to time both during and after the term of this Agreement; (d) display and distribute (i) your trademarks and logos in the form you provide them to us or within Works (with such modifications as are necessary to optimize their viewing), and (ii) portions of Works, in each case solely for the purposes of marketing, soliciting and selling Works; (e) use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any metadata and physical data that you provide in connection with Works; and (f) transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) Works as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display).

    2. In addition, you agree that we may permit bookstores you select, their and our affiliates and independent contractors, and their and our affiliates' independent contractors, to exercise the rights that you grant to us in this Agreement.

    3. You grant us the additional right to use your manuscript and Works files for the purpose of improving and enhancing our systems for converting and distributing electronic and physical books. No sales or licensing of your Works will take place pursuant to this sub-paragraph.

    4. You grant us the rights set forth in this Paragraph and elsewhere in this Agreement on a worldwide basis unlessterritorial limitations are set forth in a separate agreement signed by you and us.

    5. You are the owner of the Work files that we create, and your ownership is subject to the rights granted to us by you herein.

  3. Property Rights in the Site and Program. We own the Site and Program and all intellectual property related to the Site and Program. All content, organization, graphics, design, compilation, products and product designs, and other matters related to or included on the Site are protected under applicable copyright, trademark, or other proprietary rights and owned by us, including, without limitation, our name and logos and slogans and the names and logos of our products, such as Ink of Knowledge, and you must not use the foregoing without our prior written permission. We do not own author content advertised on the Site orany rights to any third-party logos, product and service names, designs and slogans referred to on the Site or as a party ofthe Program. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us and provide us with the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

  4. 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 your Work or any other content, you have obtained all rights that are necessary for the exercise of the rights granted under this Agreement; (c) neither the exercise of the rights authorized under this Agreement nor any materials provided or embodied in the content you provide us nor the sale or distribution of the same 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 not upload, post, submit, email, transmit, or otherwise make available through Program anything that: (i) contains falsehoods or misrepresentations that could damage Ink of Knowledge or any third party; (ii) is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) disseminates or transmits any worms, viruses or other harmful, disruptive or destructive files, code or programs; (iv) impersonates another person without their consent; (v) you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vi) otherwise violate these Terms; (e) you will ensure that all Works delivered under the Program comply with the technical and physical delivery specifications provided by us; and (f) you will be solely responsible for accounting and paying any co-owners or co-administrators of any Work or portion thereof any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable hereunder.

    1. To the fullest extent permitted by applicable law, you shall indemnify, defend and hold Ink of Knowledge, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, settlement, cost (including reasonable attorneys' fees), action or cause of action that arises from or is related to any actual or alleged breach by you of any of your representations, warranties, covenants or obligations set forth in these Terms (a “Claim”). You may not settle or compromise any Claim for which Ink of Knowledge is seeking to be indemnified or defended hereunder without the prior written consent of Ink of Knowledge, which consent may not be unreasonably withheld, unless such settlement or compromise is solely for monetary damages that are fully payable by you, does not involve any admission, finding or determination of wrongdoing or violation of law by Ink of Knowledge and provides for a full, unconditional and irrevocable release of Ink of Knowledge from all liability in connection with such Claim. We will be entitled, at our expense, to participate in the defense and settlement of the Claim with counsel of our own choosing. In the event of a Claim or any actual, alleged or suspected breach by you of any of your representations, warranties, covenants or obligations set forth in these Terms, Ink of Knowledge is entitled to withhold and suspend payment of royalties to you until such time that Ink of Knowledge determines such royalties are not related to any actual, alleged or suspected breach by you of any of your representations, warranties, covenants or obligations set forth in these Terms, and you agree that you are not entitled to any royalties related to any actual, alleged or suspected breach by you of any of your representations, warranties, covenants or obligations set forth in these Terms.

    2. Nothing herein is intended to grant you any license or other rights to any intellectual property or technology owned or operated by Ink of Knowledge, including, without limitation, any trademarks or trade names. Nothing in these Terms restricts any rights we may have under applicable law or a separate permission.

    3. Unless otherwise agreed to in writing by Ink of Knowledge, you are only permitted to have one Program account. If you have a legitimate business need to create an additional account, send your request via email to Ink of Knowledge has no obligation to approve any such request and reviews them on a case-by-case basis. Ink of Knowledge has the right to suspend services and terminate this Agreement in the event Ink of Knowledge believes, in good faith, that you have or threaten to: (i) create more than one account without written authorization from Ink of Knowledge; (ii) provide false information to Ink of Knowledge, including false information pertaining to your identity when creating a Program account; or (iii) impersonate others in relation to the Program or use a Program account you are not authorized to use. You acknowledge and agree that Ink of Knowledge has no obligation to pay you, and you agree to forfeit, any and all royalties earned under or in relation to a Program account created in violation.

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