TERMS OF SERVICE AGREEMENTUpdated: March 30, 2012
VOOK is an intuitive start-to-finish publishing platform (the “VOOK Platform”) for creating exceptional eBooks. We offer a simple and easy to use interface with powerful authoring tools, push button distribution and channel tracking service to give Authors, Agents and Publishers the best possible experience.
PLEASE READ THE FOLLOWING CAREFULLY, AS THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME, FORM A BINDING AGREEMENT BETWEEN VOOK, INC. AND YOU.
1. Your Agreement
You affirm that You are either at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You further warrant and represent that You own or control the necessary rights to distribute the eBooks You are creating through this service.
2. Subscription Plans and Services
VOOK provides its products and services to You, subject to the following Terms, which may be updated by us from time to time without notice to You. Your continued use of VOOK’s products or services constitutes Your agreement to all such terms, conditions, policies and notices in connection with such product or service. By completing any registration forms or otherwise providing Your contact information to VOOK, You agree to be contacted via Email or other means by VOOK, and by third parties for any services You have requested.
- Free eBook Creation VOOK offers You no-risk, free use of its proprietary authoring tools to create a VOOK-watermarked file for an eBook. When You sign-up for the VOOK service, You can see how easy it is to build an eBook. You will be able to access the VOOK Style Editor as well as the VOOK Content Editor, and You can download a “Preview” copy of the finished e-Book. The Preview copy will contain watermarks on the pages as well as additional copy that this version is for preview purposes only. Should you wish to download a complete finished version of the eBook without watermarks and/or take advantage of VOOK’s distribution partners, then you will need to upgrade to one of the following three Plans.
- Professional Subscription Plans If You register for the Professional Subscription Plan, then You shall be charged an Annual Subscription Fee with a pricing and services dependent on the level of subscription (Basic/Pro/Advanced) chosen for use of the VOOK Platform. The Annual Subscription Fee shall either be paid either monthly or in a single payment at the start of the Term. You expressly authorize the Company to make charges on any credit card You provide for the Annual Subscription Fee. If You elect to pay on a monthly basis and payment is not made, the Company may suspend the service in which case You will be unable to access any Works stored by the Company. Suspension does not release You from Your payment obligation or entitle You to any refund. The Company reserves the right to change the subscription terms and its pricing at any time upon written notice to You. The Professional Subscription Plan automatically renews upon each anniversary of your subscription unless You notify the Company in writing at least thirty (30) days in advance of the anniversary of Your desire to terminate. You will not be entitled to any refund for cancellation of the Professional Subscription Plan. Upon termination of the Professional Subscription Plan, You will be unable to access any Works stored by the Company unless you purchase a Maintenance Account, but may make any use of files previously provided by the Company. There are additional fees for use of the VOOK distribution partners and other value-added services.
- Enterprise Plan If You register for the Enterprise Plan or seek to use the VOOK Platform for more than 30 Works or more than 500 MB of storage, then you will be contacted by one of the Company’s sales personnel to set up a customized pricing package. The Enterprise Plan offers distribution via the VOOK distribution partners.
- Distribution Should You desire to take advantage of VOOK’s distribution partners (Amazon.com, iBookstore and Barnes and Noble’s Nook Store) and have VOOK submit any Work to its distribution partners, VOOK’s sole responsibility with respect to distribution is to submit the Work to its distribution partners, and VOOK is not responsible for decisions made with respect to content of any distributed Work by any of VOOK’s distribution partners, nor will VOOK refund or rebate any funds in that regard. You will receive 100% of the Net Sales Revenue paid for Your sales with VOOK’s distribution partners.
- Additional Terms. All fees set forth above are quoted and payable in U.S. Dollars. Your complete billing address and telephone number must be provided to process payments. The Company accepts major credit cards including Visa and MasterCard and for some Charges may accept bank drafts including personal checks, money orders, cashier’ checks, and company checks. However, for non-credit card payment methods the Company may not credit the applicable account until additional procedures are completed and after the bank certifies receipt of funds — typically ten (10) business days. The Company may charge a twenty-five dollar ($25.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason. If any payment is more than thirty (30) calendar days past due, interest will be charged on the unpaid balance at the lower of (a) an additional 15% of the balance, or 1.5% per month whichever is larger or (b) the maximum allowable by law, whichever is less. The entire amount of unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. You agree to pay all costs of collection, including legal fees, incurred the Company. You also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to VOOK including Charges incurred on your account by Yourself, or anyone You allows to use Your account.
3. Rights and Publication.
- Rights. You hereby grant and assign to the Company the nonexclusive worldwide right to digitally publish, distribute, market and sell (“Publish”), and to license others to do so, the work identified on the front page of your submission, including but not limited to Your (and if different the Author’s) name, likeness, image, metadata and any other background or summary information provided to the Company (the “Work”). Since the terms of Your agreement with the Company, herein, are non-exclusive, You are free to Publish, license, market and sell Your work elsewhere and retain all rights not granted herein. In addition, the Company shall have the right to distribute samples of the Work in any form of media, including printed media, in order to promote (a) the Work and/or (b) the VOOK service. These samples will be licensed for free, non-commercial use, duplication and sharing, and will comply with the sample percentage authorized by You. The Company shall also have the right, but not the obligation, to drive traffic to the Work through (a) general Search Engine Optimization services (b) crawlable, promotional hypertext links or (c) arrangements with third parties which make searchable certain sample portions of the Work. Other than stated above, the Company shall only Publish electronic versions of the Work, and acquires no other subsidiary rights to the Work including hardcover or paperback editions, audio editions, multimedia editions, theatrical editions, first and second serial rights or media rights other than as set forth herein. Therefore, if another publisher will allow You to keep electronic rights to the Work, You may continue to Publish the Work electronically while publishing a printed version of the Work with a print publisher. If VOOK distributes any Work to its distribution partners, VOOK makes no representation or warranty that the content of the Work meets the content standards of any of its distribution partners. You are solely responsible for the content of Your Work.
- Copyright. The copyright in the Work shall belong to You or the party that You cite as the copyright holder. You are solely responsible for filing for any copyrights and any other intellectual property with the appropriate governmental body. It is Your responsibility to provide a copyright notice on the copyright page or some other prominent place in the Work.
- Ownership. You acknowledge and agree that the VOOK Web Site and services are proprietary to VOOK and that the Work is proprietary to You.
- Software. Please note that all software programming, including without limitation all widgets, tools, HTML and other code contained in the VOOK Web Site (collectively, “Software”), is owned by the Company and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
- Publication. Subject to agreement to the terms hereof, the Company will generally Publish any submissions which do not violate, or which do not appear to violate this Agreement. In general, the Company will Publish Your Work as it is delivered to us, and not edit or modify the Work. Certain modifications may however occur caused by file or design conversions. The Company does not and cannot guarantee accurate preservation of the original Work’s formatting. The Company may decide not to Publish Your Work or may decide to discontinue its publication of Your Work for any reason and for no reason, and no reason need be provided. Except in the cases of gross violations of this Terms of Service, we will attempt to provide reasonable notice to You via email, up to and including providing instructions on how to remedy potential issues that might prevent us from listing a title. You shall submit the Work as a Microsoft Word .doc, .docx or .ePub file. The Company shall utilize its proprietary technology to convert the book into multiple ebook formats, and publish the Work for use in sampling, distributing and selling the Work. Due to the technical nature of the VOOK Platform, we require that You submit files to the VOOK Platform in specific formats and subject to certain content specifications which must be followed and which are outlined at http://guide.vook.com/prepare/content-specifications. These formats and specifications are subject to change at any time in the discretion of the Company. The Company is a strong proponent of author’s rights, and the right of authors and copyright owners to receive compensation for their digitally published Works. Therefore, the Company strongly discourages piracy/infringement of Your Work and encourages customers to purchase licensed copies. However, the Company does not publish works containing digital rights management schemes that limit the customer’s ability to consume the Work as they see fit. Therefore, the Company cannot completely prevent piracy/infringement of Your Work. There is a growing body of evidence indicating that DRMed Works do not sell as well as non-DRMed Work because customers resent limitations and don’t appreciate being mistrusted. Non-DRMed Works often outsell DRMed Works by leveraging the viral nature of uninhibited sampling and sharing which can dramatically increase Your total audience and sales opportunities. There is also evidence that by pricing Your Works for less than printed equivalents, You can further decrease piracy and increase sales volume. You understand that the Company is distributing the Works according to this so described Trust system.
4. Warranties and Representations.
The warranties and representations contained in this Agreement are made on behalf of You and Your licensees and successors and assigns. By uploading content to VOOK, You agree that any violation of the warranties below may result in immediate deletion of Your account and the forfeiture of accrued earnings.
- By submitting Your Work for publication, You warrant and represent that the Work is complete and the author:
- is the only author of the Work;
- is the sole owner of the rights herein granted;
- has not assigned, pledged, or encumbered such rights or have not entered into any agreement which would conflict with the rights granted to the Company herein; and agrees not to do any of the aforementioned without first unpublishing the work at VOOK; and
- has full right, power, and authority to enter into this Agreement and to grant the rights granted herein
- You further warrant that the Work contains no materials which:
- violate any right of privacy, which are libelous or which violate any personal right or other right of any kind of any person or entity, including but not limited to publishing a person’s private email address without his/her permission;
- would violate any of Your contracts or would disclose any information given to You on the understanding that it would not be published or disclosed;
- plagiarize or pirate any other work or infringe upon any copyright, trademark or other proprietary right;
- Are injurious to End-Users or others including but not limited to recipes, formulae or instructions;
- violate state and federal laws advocate hateful, discriminatory or racist views or actions toward others;
- advocate or condones violence against another person, whether or not the other party is a willing participant;
- advocate illegal activities;
- advocate the use of Private Label Rights content to make money on the Internet, or the modification of such content for the creation of Internet content;
- contain images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals;
- contain hyperlinks to affiliate marketing pages, especially if the ebook is published for the sole intent of publishing hyperlinked content that directs readers to affiliate marketing pages or advocate or promote “systems” about how to make money on the Internet by publishing ebooks;
- contain SEO keyword spam, either in your manuscript or your metadata tags;
- contain advertisements for services, or contain partial books for the purpose of promoting the purchase of the same book elsewhere;
- if you publish erotica content, neither the book cover nor the book interior may contain graphic images of nudity (either photographic or illustrated) or persons involved in sex acts, and does not include children or underage minors engaged in sexual acts or situations, witnessing such situations, considering sexual acts, or thinking about sexual acts. Fine art books of a non-erotic nature that contain nudity may be accepted on a case by case basis at the sole discretion of the Company and/or its retail partners;
- You further warrant the Work meets the following standards for originality:
- It is not a public domain work;
- The Work does not include word-for-word scrapes (or is not a compilation) from Wikipedia or other public domain, government or commercial services;
- No part of the Work is sourced from “Private Label” rights, articles, ebooks or information sources which license the same content to other people;
- The Work does not contain or comprise machine-generated language translations.
- The Work is not a work-in-progress;
- The uploaded file is not a partial sample or sample chapter, or is not a collection of sample chapters, or not simply a catalog advertising other books; and
- The Work represents a complete story with a beginning, middle and end, not a short serial.
The Company takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an infringed party. It is Your responsibility to secure permissions to the Work prior to the time You submit such work if any material from the work belongs to, or has been licensed to, someone else.
It is the policy of the Company to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website:
151 West 25th Street 6th Floor
New York, NY 10001 USA
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Indemnification. You agree to indemnify and hold the Company, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Work You provide or approve for publication, (b) Your use of the VOOK Web Site, or (c) Your breach of these Terms of Service. Upon receiving notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with or contrary to any of the warranties or representations, the Company shall have the right to withhold any sums payable to You in reasonable amounts as security for the payment of the Your potential obligations.
7. Warranty Disclaimer.
YOU AGREE THAT YOUR USE OF THIS WEB SITE OR SOFTWARE SHALL BE AT YOUR SOLE RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE’S CONTENT, ITS SOFTWARE OR THE CONTENT OF ANY SITES LINKED TO THIS WEB SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SOFTWARE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OR SOFTWARE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, VOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL VOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SOFTWARE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO CASE SHALL VOOK OR ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, MISPRICINGS, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is the Your responsibility to monitor retailer listings and report errors to VOOK, in which case VOOK on a reasonable efforts basis will strive to work with the retailer to correct the error. In the event that VOOK is found liable for any damages, for any reason whatsoever, You hereby expressly agree that, in no event will VOOK’s liability to You exceed the amounts collected by VOOK for the Work in question. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.
10. Service Changes
VOOK reserves the right with or without notice to You at any time to change, modify or discontinue any service, product or a portion or attribute thereof, or the offering of any information, good, content, product or service. We shall have no liability to any user or any third party should we modify or discontinue service.