This Author Agreement (the Agreement) contains the complete terms and conditions that apply to Author's (the Author) use of the Favoryta Services (the Services), described at www.favoryta.com (the Website). As used in this Agreement, "we" and "Favoryta" means Favoryta.com, and "Author" means the person or entity accepting this Agreement.
In order to use the Services Author must: have registered for an Author's Account at our Website by providing your real first and last name, valid e-mail address and home country; and be able to lawfully enter into the contract according to criteria described in Eligibility.
Author must be 18 years or older.
Your continued use of the website and the services following our posting of any changes to the agreement on the Website will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this agreement or the Website, do not continue to use the services or the website.
Author Account is being granted without any time limits.
If you use your Author Account, you agree to accept responsibility for all activities that occur under your Account or password. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer.
We reserve the right to refuse service, terminate Account, remove or edit its content, or cancel orders in our sole discretion.
Having an Author Account, you can create & manage Free e-books, and Self-publish keeping track of your book sales profit.
4a. Content requirements
Once you have registered as an User on the Website and paid applicable fee for one of our Publishing packages, you get access to an Author's Account where you may open a Book project by entering required information regarding such Book (Book data), and by selecting Book graphic features (Design brief). You may deliver to us Book content at any time under the terms of this Agreement. "Book content" means all content you deliver to us relative to a Book, including your manuscript, images, artworks, ideas, all available text data relevant to a Book, and any trademarks, logos, commercial symbols and other designations contained in any of the foregoing.
4b. Content delivery
For each Book you set up, you will enter via electronic upload applicable Book content and Book data in accordance with the Submission Requirements (FAQ).
You agree to abide by, and all Book content you provide to us under this Agreement will comply with, the payment terms, procedures, policies, and guidelines contained in the Submission Requirements (FAQ), as well as any Service-specific terms and conditions on the Website. The procedures, policies, and guidelines contained in these sections explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the information in FAQ, as well as any Service-specific terms and conditions on the Website to understand the current procedures and guidelines for use of the Services. You understand and agree that if your Book content doesn't follow the Submission Requirement guidelines, you will be asked to resubmit content materials revised (either by yourself or by our in-house team – if relevant additional service is purchased) according to these guidelines.
Our prices are expressed and displayed in the currency relevant to your country (displayed in your Profile), i.e.: Australian Dollars (AUD) for Australia and other countries, or in Polish Zloty (PLN) for Poland and include tax (GST).
Once you have registered to Author's Account on the Website, and have paid us any applicable fees, you are eligible for our Services, which may include the book graphic design (including two revisions), the digital proof / digital formatting, the listing of your Books on the Favoryta Bookstore.
A "Favoryta Bookstore" is an e-commerce-enabled web page hosted by us that is customizable by you to create an individualized sale of your Books.
After paying applicable additional fee you may utilize our additional services such as: preparation of additional book formats, additional round of book design revisions, formatting of additional pages for comics, experienced writer assistance, translation, editorial support, proofreading, additional image insertion, customized illustration, etc, as well, as book source files buyout (including property right).
5b. Book copies
Ordering your own Books. You may order copies of your own Book from us, and if you do so, we will ship the copies to the address specified by you.
6a. Book content Rejection, Book Removal
We may, in our sole discretion, at any time, and without notice to you (i) reject Book content; or (ii) remove, or refuse to list or distribute any Book content on or from Favoryta Bookstore or other sales channel. You will remain liable for all fees and other amounts that you may owe under this Agreement in connection with any Book we remove because of a violation of this Agreement or our Book content guidelines. You may withdraw your Book content from our Services at any time, but we will have 30 days from the date of a Book's withdrawal (or termination of this Agreement) to remove such Book; provided, however, that we may fulfill any Customer orders pending as of the date we remove such Book from the Services. If we request that you provide additional information relating to your Book content, such as information confirming that you have all rights required to permit our distribution of the Book content, 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, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit out distribution of the Book content and the accuracy of the information or documentation you provide to us with respect to those rights.
6b. Pricing & Legal title
You will provide a Retail Price for each Book, which will be at or above Book manufacturing costs, the price at which you sell such Book in physical or in electronic form to customers through any distribution method. Please note that you may update the Retail Price for your Book at any time, but it may take us up to 30 days for us to update your price in distribution channels other then Favoryta bookstore.
6c. Returns and Refunds
We reserve the right to prohibit returns under any circumstances (or to impose any other restrictions on returns) with respect to sales or rentals (if applicable) of electronically formatted Books. If a Book is returned and you have already withdraw you Revenue on the returned Book, we may offset the amount of the Revenue we previously paid you for that returned Book against future Revenue.
You will pay us all applicable fees, as specified in our Service-specific section.
For each E-book sold to a Customer through Favoryta Bookstore, you will receive total Profit set forth in Favoryta Bookstore / Publish last milestone section, or set forth in an Additional Format section if you use an Additional Format service. If at the time your E-book was sold, you had selected NO for Favorytya Marketing program participation, there will be a fee of 8% for an E-book protection software paid to our outside supplier deducted from your set forth Revenue.
For each printed Book sold to a Customer through Favoryta Bookstore, you will receive total Revenue set forth in the Favoryta Bookstore / Publish last milestone section, or set forth in an Additional Format section in case you use an Additional Format service for printed Book publishing.
All amounts contemplated in this Agreement will be expressed and displayed in your Author's Account / My revenue section – in the currency relevant to your country (displayed in your Profile), i.e.: Australian Dollars (AUD) for Australia and other countries, or in Polish Zloty (PLN) for Poland, and all payments to you contemplated by this Agreement will be made in Australian Dollars or in Polish Zloty (PLN). Payments will be processed through PayPal to your PayPal account, with provision that your PayPal account ID will comply with your Favoryta Author's Account ID (your e-mail address).
If we reasonably conclude based on information available to us that your actions and/or performance in connection with this Agreement may result in disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this Agreement for: (i) a period of 90 days following the initial date of suspension; or (ii) completion of any investigation(s) regarding any of your actions and/or performance in connection with this Agreement. We will not be liable to you if we act in accordance with the provisions of this Section.
All statements and other accountings will be conclusive, final and binding, unless you give us written notice stating the specific basis for objection within one year after the date the payment was rendered. You will not maintain any action or proceeding against us or in respect of any disputed statement unless you commence that action or suit against us within 6 months following the date that you provide us with the written notice referred to in the immediately preceding sentence.
7b. Marketing program
Favoryta marketing program and its benefits are offered to you at our and our Affiliates sole discretion.
As an Author selling your own Books in Favoryta Bookstore you may at any time enrol or at any time cancel your enrollment to participation in our program. By enrolling in Favoryta marketing program you agree, that your Book will be promoted by us and sold via our Affiliates websites, and that an Affiliate will receive a fee of 1.50 AUD (or an equivalent of this amount) for every Book copy the Affiliate sells. You understand and agree that participating in Favoryta marketing program will mean, that the above mentioned fee will become a component of your book Retail price. When participating in our Marketing program, in the sales Report issued on the 5th of every month and available from your Author's Account, you will find all sales details related to the particular book copy.
Your participation in the program is voluntary.
7c. E-book protection software
Authors, who carry out publishing of an e-book and decide NOT to participate in Favoryta marketing Program, agree to pay 8% of the e-book sales price fee for e-book protection system to an outside independent supplier (FAQ / E-books at Favoryta Boosktore).
You will be responsible for determining taxes you owe on payments you receive under this Agreement. To the extent payments to you are subject to any Transaction Taxes, payment includes all applicable Transaction Taxes, and you may supply us with a valid tax invoice separately stating such Transaction Taxes. In return, we will provide you with any applicable exemption certificate acceptable to the relevant taxing authority that we possess, in which case you will not collect the Transaction Taxes covered by such certificate. If any other taxes (for example, international withholding taxes) are required to be withheld on any payment, we will deduct such taxes from the amount otherwise owed and pay them to the appropriate taxing authority.
Our prices include tax (GST). All fees payable by you to us pursuant to this Agreement exclude Transaction Taxes. In addition to amounts owed by you pursuant to this Agreement, you will pay us any Transaction Taxes we are required to collect on such fees. If we charge you Transaction Taxes, you may provide us with a valid exemption certificate acceptable to the relevant taxing authority, in which case we will not collect the Transaction Taxes covered by such certificate. All fees payable by you to us under this Agreement will be made without setoff and without deduction or withholding for, or on account of, any present or future tax.
7e. Transaction charges
When buying from us a service or when collecting a payment from us, a PayPal or your credit card related transaction fee may apply. You agree to pay any charges and fees resulting from these transactions.
7f. Publishing service on special terms
If you use our Publishing package service on any special terms, in particular, when the full retail price was not applied, special conditions would follow, and as long as the full retail price for the Publishing package is not paid to us: (i) you will not remove the Book from our Bookstore, or any other distribution channels, and (ii) you will participate in Favoryta Affiliate Program.
If notwithstanding special terms, you would like to remove your Book from distribution with us, we reserve the right to keep the Book in distribution and take all reasonable actions supporting it's sales including Favoryta Affiliate Program participation, until the retail price for Publishing package is fully recovered.
When specials terms apply, you agree to include us in decision making process regarding look and feel of your Book, and we reserve the right, in our sole discretion, to implement any editorial changes that would increase your Book potentials on the market.
8a. Book content
Subject to the following paragraph, you grant to us a nonexclusive license, during the term of this Agreement, to (i) create digital versions of Book content you provide in nondigital format; (ii) create a digitized version of the Book content that we will use to create a source file and, a digital file (a proof archive file) using your Book content; (iii) with respect to Books, print, publish, distribute and sell you Book through the Favoryta Bookstores, and other sales channels, (iv) reformat, reproduce, and distribute your Book content through the Favoryta Bookstores, and other sales channels in digital form on physical media, (v) reformat for online delivery, reproduce and distribute your Book content through on-line channels, (vi) distribute, display, transmit, perform and use the promotional materials (if any) and the descriptive materials for promotional purposes.
We may broadly integrate the descriptive materials into Favoryta Website. Therefore, notwithstanding anything to the contrary herein, for descriptive materials, the license you grant us will be perpetual and royalty-free.
You hereby grant us permission, on a nonexclusive, perpetual basis, to (vii) reproduce and store the entirety of each Book in digital form on one or more computer facilities of or under the control of our contractors; and (viii) to display portions of each Book on Favoryta Bookstore with help of our Open it! facility, so that a user will be able to view a limited number of pages within a Book during any single session.
You hereby grant us permission to share your Book content in digital form with our Affiliates operating in Favoryta marketing program, and as this program focuses on promoting participating Books, you agree that your Book may be a subject to such a Book review. You authorize us to provide our Affiliate with any materials needed to produce the review and you agree, that this review along with Book cover, excerpts or any materials provided by you to our website, can be published on-line by our Affiliate.
You further grant us permission to cause transmission, reproduction and other use of the Book content as mere technological incidents to and for the limited purpose of technically enabling the rights licensed to us under this Agreement.
Subject to the licenses set forth in this section, you own all right to the Book including all patent, copyright, trademark, service mark, or other Intellectual property rights therein. Subject to your underlying rights to the Book, as between the parties, we will own all right to the templates and other materials created, provided or used by us in our performance under this Agreement (including electronic source files and proof archive, including all Intellectual property rights therein.
8c. Cover images
We may agree to provide you a file containing an image of the cover of your Book (Cover Image). Contingent upon your receipt of such Cover Image, we hereby grant you, during the term of this Agreement, a worldwide, royalty-free right to use the Cover Image for any lawful purpose related to promoting your Book.
You represent and warrant that (i) you will comply with all laws, rules, regulations and orders of any governmental authority having jurisdiction over your performance; (ii) you have all required right, power and authority to enter into this Agreement and perform your obligations; (iii) prior to your delivery of Book content to us you have or have obtained all rights, clearances and permissions to grant the licenses you grant hereunder that are necessary for us to exercise the rights you grant under this Agreement without any further payment obligation by us; (iv) you are granting us the rights, licenses and authorizations you grant hereunder free and clear of any encumbrances, and this Agreement does not violate or conflict with any other arrangements, understandings or agreements between you and any third party; (v) the Book content (and our use thereof) is not defamatory, libelous, obscene, or otherwise illegal, does not invade any right of privacy, and does not infringe upon any Intellectual property right or right of publicity of any person or entity, and complies with all aspects of the Book content guidelines described in Submission Requirements (FAQ).
You will indemnify, and hold us harmless from and against any and all claims, judgments, damages and expenses arising out of any breach or alleged breach by you of the terms of this Agreement.
10b. Maintenance of rights
You will use reasonable efforts to maintain the rights to the Book content that you provide to us under this Agreement. In the event that you lose any rights or other licenses, consents or permissions relating to your Books that are necessary for you to grant the rights you grant to us hereunder, or you receive notice of a third-party claim relating your Book, which you reasonably deem to be of concern, you will immediately remove such Book from our Website. Without limiting our rights or remedies under this Agreement, you will reimburse us for any refunds we make to Customers as a result of the withdrawal of your Book under this Maintenance of Rights section. For the avoidance of doubt, nothing in this section is intended to relieve you of your obligation. You will not do anything to intentionally prejudice the rights granted hereunder
10c. Copyright infringement
You agree that we have the right to commence action for copyright infringement based on the rights granted hereunder.
We make no representations or warranties of any kind, express or implied, including without limitation, that the services, the site, will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error. To the fullest extent permissible under applicable law, we disclaim any and all such warranties. We will not be liable to you or any third party for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with this agreement, the services, the inability to use the services, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services. Notwithstanding anything to the contrary in this agreement, our sole liability, and your sole remedy, for a source copy lost or damaged by us will be the lesser of 50.00 AUD, or the replacement cost of the lost or damaged source copy (i.e., the cd).
This Agreement will remain in effect until termination. You may terminate this Agreement at any time by sending us an e-mail notice, and we may terminate this Agreement at any time by sending you an e-mail notice at the e-mail address associated with your account. Our notice of such termination will be effective at the time we send you the notice. Upon termination, you will pay us whatever fees were incurred prior to the date of the termination. Also upon termination: (i) we may fulfill any Customer orders pending as of the date of termination; (ii) we continue to maintain digital copies of your Content for Upon termination three moths (90 days); and (iii) we may set off against any payments to be made to you, an amount determined by us to be adequate to cover any disputes, chargebacks and refunds from your account for a prospective three-month period. At the end of such three-month period following termination, we will refund any amount not used to offset chargebacks and refunds to you.
You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account). If your password is compromised, you will change your password.
Please read the privacy notice Privacy, which is incorporated herein by reference. The Privacy notice may be changed by us in the future (2. Amendments & Notice of changes).
You and we, are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Website or otherwise, that would reasonably contradict anything in this Section.
For the avoidance of doubt, we do not hereby grant you any license or other rights to any intellectual property or technology owned or operated by us, including without limitation, our trademark or trade names, which you may not in any way use for the purpose of issuing any press release or other activity that may be considered promotional or marketing related.
You agree that the laws of Australia, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.
We may sublicense the rights granted to us hereunder to our contractors or to any third party engaged by us and acting on our behalf for purposes of fulfilling our obligations or exercising our rights under this Agreement; provided, however, that we will remain ultimately liable for our compliance with this Agreement. You may not assign any of your rights or obligations under this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to subsequently enforce the provision. Any waivers granted hereunder are effective only if recorded in a writing signed by the party granting such waiver. If any provision of this Agreement is determined by any court or governmental authority to be unenforceable, the parties intend that this Agreement be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable. The rights and remedies of the parties under this Agreement are cumulative, and either party may enforce any of its rights or remedies under this Agreement or other rights and remedies available to it at law or in equity.