TERMS OF USE

If you visit or shop at OffTheBookshelf.com, you accept these terms.

Additionally, if you are an Author Member, before you submit your digital books, digital short stories, digital poetry, audio books, or other literary works (collectively, “Works”), you must review and accept the terms and conditions of the Author Member Services below. This will help ensure that your submissions are processed correctly.   

All other users who use this website and all other uses of this website, such as the submission of comments or reviews, shopping or transacting business with Off the Bookshelf, Inc. (“Offthebookshelf.com”) or with other users on this website, are governed by these Terms of Use.

User Agreement

This website is owned by Offthebookshelf.com, which provides this website and related services subject to your compliance with these Terms of Use.  Please read these Terms of Use carefully before using this website.   Your use of this website constitutes your acceptance to be bound by these Terms of Use without limitation, qualification or change. If, at any time, you do not accept all the terms and conditions of these Terms of Use, you must immediately discontinue use of this website. These Terms of Use set forth Offthebookshelf.com policies with respect to its operation and your use of this website.

Changes

Offthebookshelf.com may update or modify these Terms of Use and its posted policies from time to time without prior individual notice by posting a revised Terms of Use or policy on the website.   Your continued use of the website will constitute your acceptance of any such changes. 

For rights with respect to advance notice of changes afforded to Author Members, please refer to the Author Member Services Agreement section.

Submissions

You represent and warrant to Offthebookshelf.com that you are the owner of or otherwise are authorized or have the right to provide any information or materials that you post, e-mail, upload or transmit or otherwise make available to or through or for use on the website.  You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available to or through our website. 

You hereby grant Offthebookshelf.com, its affiliates and third-party providers an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, publicize, modify, edit and create derivative works from and distribute any information or materials that you post, e-mail, upload, transmit or otherwise make available to or through the website. Limited to use in connection with the business and operations of Off The Bookshelf. (other than your Works, in the case of Author Members).

Offthebookshelf.com, its affiliates, shareholders, directors, officers, employees and agents will not be responsible for the action of any user, visitor or third party with respect to any information, material or content posted, e-mailed, uploaded, transmitted or otherwise made available to or through the website.

We have the right, in our sole discretion, for any reason or for no reason, to decline to post any information or materials that you submit to the website, and, at any time, to remove any submitted information or materials that are posted to the website. 

You acknowledge and agree that content provided by others (“User Content”) may include content owned by independent content providers (including other users) and licensed to us.   You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any User Content.   We do not pre-screen User Content as a matter of policy, but we reserve the right, but do not undertake the responsibility, to remove User Content at any time that we deem it to be harmful, offensive, or otherwise in violation of these Terms of Use.   In no event shall Offthebookshelf.com, its affiliates, shareholders, directors, officers, employees or agents be held responsible for any damage that occurs based on User Content posted on or transmitted through the website or our failure to detect and/or remove such content.

Note that it is impossible for Offthebookshelf.com to confirm the validity of posts.   Please remember that Offthebookshelf.com does not actively monitor the posted messages, and as such, is not responsible for the content contained in posted messages.    Posted messages express the views of the author of the message, and not necessarily the views of Offthebookshelf.com.   Anyone who feels that a posted message is objectionable is encouraged to notify us at support@offthebookshelf.com.   Offthebookshelf.com reserves the right to, but assumes no obligation to, actively investigate or remove objectionable content if we determine that removal is necessary in our sole judgment.   This is a manual process, however, please realize that we may not be able to remove or edit particular messages immediately.

You remain solely responsible for the content of User Content posted or transmitted by you, including your posted messages.   Furthermore, you agree to indemnify and hold harmless Offthebookshelf.com as provided under “Indemnity” below, from any and all liability, costs and damages with respect to your User Content.   Offthebookshelf.com also reserves the right to reveal your identity (or any other related information collected on this website) in the event of a formal complaint or legal action arising from any situation caused by your User Content.

Any information Offthebookshelf.com determines to be inaccurate, unhelpful or inappropriate for any reason will be removed, with or without prior notice.   Appropriate sanctions may be applicable. This policy applies to member profile information as well.

Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted.   This will only happen in the event of a violation of these Terms of Use.

Also note that Offthebookshelf.com’s online posting areas place a cookie, a text file containing bits of information in your browser's cache.  The collection and usage of this information is governed by Offthebookshelf.com’s Privacy Policy

Using Offthebookshelf.com

While using Offthebookshelf.com, you agree that you will not:

-  post content or items in an inappropriate category or areas on our websites and services; violate any laws or our policies; infringe the intellectual property, proprietary, privacy or publicity rights of Offthebookshelf.com or any third party; post false, inaccurate, misleading, defamatory or libelous content; be indecent, obscene, abusive, vulgar, hateful, harassing, child pornographic or harmful to minors; use our website or services if you are not able to form legally binding contracts, are under the age of 18 or are temporarily or indefinitely suspended from our website; manipulate the price of any item or interfere with product listings; circumvent or manipulate our pricing or fee structure, the billing process or amounts owed to Offthebookshelf.com; take any action that may undermine comments and suggestions about our website or its content (such as displaying, importing or exporting comment and suggestion information off of the website or using it for purposes unrelated to Offthebookshelf.com); transfer your Offthebookshelf.com account and account identification to another party without our consent; harvest or otherwise collect information about users, including e-mail addresses, without their consent; use our communications tools to send spam, flooding, advertisements, chain letters, pyramid schemes or solicitations; deliver any viruses, trojan horses, disabling code, worms, time bombs, “clear GIFs” cancelbots, or other computer programming or routines that are intended to, or that in fact, damage, detrimentally interfere with, monitor, intercept or expropriate any data, information, packets, or personally-identifiable information; or copy, modify or distribute content from the website in violation of Offthebookshelf.com’s or its users’ copyrights and trademarks. 

Abusing offthebookshelf.com

Offthebookshelf.com requires that its users work together to keep our website and services working properly, safe and free of abuse.  Please report problems, offensive content and policy violations to us at support@offthebookshelf.com.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.  We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Copyright Notice and Takedown Provisions

If you believe in good faith that information or materials on the website infringe a copyright held by you, you or your agent may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that we remove or block access to the claimed infringing material.  If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.loc.gov/copyright.  Notices and counter-notices should be sent to:

support@offthebookshelf.com

Downloads

Any software that is made available to view and/or download from this website, including digital literary works, podcasts, audio streaming or video streaming (collectively, “Software”), is owned or controlled by Offthebookshelf.com and/or third parties, and is protected by copyright laws and international treaty provisions.  Your use of the Software is limited to private, non-commercial (other than use in connection with the Offthebookshelf.com website or its business) use and is governed by the terms of use or the equivalent thereof, if any, that accompanies or is included with the Software.  Offthebookshelf.com accepts no responsibility or liability in connection with any Software owned or controlled by third parties.    

External Links

Our website has links to other third-party websites.  This linking does not necessarily constitute our endorsement or approval of the content of their websites or of their policies, products, services or opinions.  These links are being provided as a convenience and for informational purposes only.  Offthebookshelf.com bears no responsibility for the accuracy, legality or content of such a website or for that of other links on that website.  Contact the external website for answers to questions regarding its content. 

You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Offthebookshelf.com and, in the case of Author Members, to your author page through Offthebookshelf.com’s “link generator,” so long as the link does not portray Offthebookshelf.com, its products or services in a false, misleading, derogatory or otherwise offensive matter.  Other than the Offthebookshelf.com logo generated through permitted use of Offthebookshelf.com’s “link generator,” you may not use any Offthebokshelf.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

Your password is the key to your account.  Use unique numbers, letters and special characters, and do not disclose your password to anyone.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password. 

If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf.  Therefore, if your password has been compromised for any reason, you should immediately notify Offthebookshelf.com at support@offthebookshelf.com and change your password.

Offthebookshelf.com reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders, in its sole discretion.

Pricing

All prices are listed in U.S. Dollars.

Payment Methods and Security

Payments shall be made by credit card or other permitted payment method.  Payment information transmitted to Offthebookshelf.com is submitted via a secure server, which encrypts all submitted information.

Sales Tax

Sales tax is collected by Offthebookshelf.com on orders delivered to addresses in the State of New York.  According to New York state law, sales tax is calculated on both the cost of the item and on shipping and handling charges.  Customers in the State of New York that are exempt from sales tax may contact customer service.  Offthebookshelf.com does not collect sales tax on orders delivered outside the State of New York or on products that are downloaded from the website.  The customer is responsible for any use or similar tax imposed by any other jurisdiction on purchases by the customer from the website. 

Troubleshooting Failed Authorizations and Declined Payments

Because of security and privacy requirements, your bank cannot disclose information to Offthebookshelf.com about why your payment was declined.  To solve most payment issues, please contact your bank directly.

Conditions of Sale

Offthebookshelf.com does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method.  If you are less than 18 years of age, you may use Offthebookshelf.com only with the involvement of your parent or guardian.

You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including sales, use or value-added taxes, unless you provide Offthebookshelf.com with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the book or other product to your customers) at the rates in effect when the charges are incurred.  Books ordered for delivery outside of the United States may be subject to import duties and taxes, which may be levied when the package with the book or other product arrives at the destination that you specify.  Any charges for customs clearance will be borne by you, as Offthebookshelf.com cannot control such charges and does not calculate or assess the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the destination country for additional information. Please also be aware that you will be considered the importer of record and must comply with all laws and regulations of such country.

If you wish to dispute a charge, you must notify us in writing within 7 days after receiving the credit card statement that includes the charge, or such dispute will be deemed waived.

Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order or constitute a confirmation of our offer to sell.  Offthebookshelf.com reserves the right to accept or decline the order for any reason, or ship less than the quantity ordered.  Your order will be deemed accepted by Offthebookshelf.com upon delivery of the products that you have ordered.

Return Policy

Offthebookshelf.com is concerned about your satisfaction with the workmanship of the manufacturing of the printed materials you purchase.  If your printed book arrives damaged or with a manufacturer’s defect, we will be happy to provide you with a replacement copy if you contact us within 14 days of receipt.  Please understand that each book ordered from Offthebookshelf.com is custom printed individually upon order by one of our professional book-printing service partners.  This may result in minor differences across different prints of the same book, including minor variances in color fidelity and binding type.  While we strive to ensure consistency, such variations are a normal occurrence and are not considered manufacturing defects or defects in workmanship, and will not entitle you to a replacement copy.

Offthebookshelf.com is also not responsible for the quality of the content of books and other material available for purchase on the website.

Please note that Offthebookshelf.com cannot provide refunds or cancel orders and that, except for the situations expressly described in this return policy, Offthebookshelf.com cannot otherwise accept returns.

Title; Risk of Loss

All printed books and other printed materials purchased from Offthebookshelf.com are shipped pursuant to a shipment contract.  This means that the title and risk of loss for books pass to you upon delivery by Offthebookshelf.com’s third-party manufacturer, printer, or other agent to the carrier for shipment or delivery to you.

Product Descriptions

Offthebookshelf.com attempts to be as accurate as possible.  However, Offthebookshelf.com does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current or error-free.  If a product offered by Offthebookshelf.com itself is not as described, your sole remedy is to contact the author.

Third-Party Merchants

This website may enable you to order and receive products, information and services from businesses that are not owned or operated by Offthebookshelf.com.  The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the products, services or information ordered or received from such businesses are solely between you and such businesses.  Offthebookshelf.com does not endorse, warrant or guarantee such products, information or services, and is not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products or services.  Offthebookshelf.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services or information, or for ensuring the confidentiality of your credit card or other personal information.  Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.  You should carefully review their privacy statements, terms of use and other related materials.

Privacy Policy

Please refer to our Privacy Policy which is hereby incorporated by reference.  The policy informs you of Offthebookshelf.com’s practices with respect to the online collection, use, and disclosure of personal information.

This website may make available chat rooms, forums, message boards, comments and reviews and news groups.  Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. 

Fees

Joining Offthebookshelf.com is free.  We charge fees for Works sold as well as for services we make available to Author Members. When you purchase an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time.  Changes to the Fee Schedule are effective fourteen (14) days after posting the changes on the Offthebookshelf.com website.  We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the website and may be associated with terms and conditions applicable to the particular promotion.

Unless otherwise stated, all fees are quoted in U.S. Dollars.  You are responsible for paying all fees and applicable taxes associated with our products and services in a timely manner with a valid payment method.

Release

If you have a dispute with one or more users, including Author Members, you release us (and our affiliates, shareholders, directors, officers, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Indemnity

You agree to indemnify and hold Offthebookshelf.com, its affiliates, shareholders, directors, officers, employees agents, and third-party providers harmless from any claim or demand, including attorney fees, incurred by any person or entity arising out of information or materials that you post, upload, transmit or submit to our website, due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

Warranty and Disclaimer

THE SERVICES AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD PARTY WEBSITE OR SERVICE LINKED TO OR FROM THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT.  WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT OUR WEBSITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT.  YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST OFFTHEBOOKSHELF.COM, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO OUR SERVICES AND CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

You expressly agree that your use of this website is at your sole risk.  You will not hold Offthebookshelf.com responsible for other users’ content, actions or inactions, or items they post or materials they sell.  You acknowledge that we are not a traditional bookstore.  We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of members’ or users’ content or listings.

Offthebookshelf.com cannot be held liable for content that your computer is not able to open/read. 

Offthebookshelf.com is not liable for stolen ideas, excerpts, or themes from any content on the website.

All copyrightable materials should be registered with the Library of Congress.

Website content is not intended to, and does not, constitute legal or professional advice or diagnosis, and may not be used for such purposes.  You should not act or refrain from acting on the basis of any content included in, or accessible through, our website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue, from a lawyer or other applicable professional licensed in your state, country or other appropriate licensing jurisdiction. 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, INCLUDING THOSE THAT RESULT FROM (A) THE USE OF OR THE INABILITY TO USE OUR WEBSITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS (INCLUDING THE POSTING OF USER CONTENT), WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL OFFTHEBOOKSHELF.COM’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO ITS WEBSITE, GOODS OR SERVICES EXCEED THE AMOUNT PAID TO IT BY THE PERSON OR ENTITY ASSERTING THE CLAIM FOR THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM OR, IF NO PARTICULAR GOODS OR SERVICES ARE THE SUBJECT OF THE CLAIM, THEN THE AMOUNT PAID IN THE (12) MONTH PERIOD PRIOR THERETO.

Jurisdiction and Venue

You agree that any action at law or in equity (other than one in which preliminary or interim injunctive relief is sought) arising out of or relating to these Terms of Use or our website shall be  settled by arbitration to be held in New York, New York, administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules, except as provided herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereover.  However, nothing herein shall in any way limit your or our statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process.  At the conclusion of the arbitration, such arbitrator shall render a “reasoned” written decision, including the arbitrator’s findings and the facts and law upon which the award is based.  Consistent with the expedited nature of arbitration, you and we will, upon the written request of the other, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim.  Both you and we shall have the right to serve subpoenas upon third parties for the production of documents.  Both you and we shall have the right to take depositions of parties and non-parties.  Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive.  You and we shall each bear your and our own costs and expenses of arbitration.  All forum fees and expenses, including the arbitrators’ fees, shall be shared equally by you and us, and shall not be assessed against either you or us as part of an award.

In the event, and solely in such event, that arbitration of a dispute hereunder is prohibited by law, you agree that the action shall be filed, and that venue properly lies, exclusively in the Commercial Division of the Supreme Court of the State of New York, County of New York, or in the United States District Court for the Southern District of New York, and you hereby consent and submit to the personal jurisdiction of such courts. You agree to waive the defense of an inconvenient forum with respect thereto.

You agree that any action in which temporary or permanent injunctive relief is sought shall be brought exclusively in either the Commercial Division of the Supreme Court of the State of New York, County of New York, or in the United States District Court for the Southern District of New York, and you hereby consent and submit to the personal jurisdiction of such courts.  You agree to waive the defense of an inconvenient forum with respect thereto.

THE PARTIES HEREBY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT, WHETHER A DISPUTE IS RESOLVED BY ARBITRATION OR BY RECOURSE TO A COURT AS SPECIFIED ABOVE, EACH PARTY WAIVES THE RIGHT TO HAVE THE DISPUTE HEARD OR DECIDED BY A JURY.

Local Use

We make no representation that the content on our website is appropriate or available for use in any particular location.  Those who choose to access our website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. 

General Provisions

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law.  If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.” All trademarks appearing on this website are the property of their respective owners.  Nothing contained on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the website without the written permission of the party that may own the applicable trademark. 

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 

This Terms of Use Agreement was last updated on or about January 12, 2010.

If you participate as an Author Member of Offthebookshelf.com, you accept these terms.

Before you submit your digital books, digital short stories, digital poetry, audio books or other literary works (collectively, “Works”), you must review and agree to the terms and conditions of this Author Member Services Agreement (this “Agreement”).  This Agreement and the Terms of Use govern your relationship with Offthebookshelf.com and will help ensure that your submissions are processed correctly.

All other uses of this website, such as the submission of comments or reviews or shopping on this website, are governed by the Terms of Use and Privacy Policy.  Provisions of the Terms of Use and Privacy Policy not inconsistent with this Agreement are also incorporated by reference and considered a part of this Agreement.

Author Member Agreement

This website is owned by Off the Bookshelf, Inc. (“Offthebookshelf.com”), which provides this website and related services subject to your compliance with this Agreement.  Please read this Agreement carefully before registering as an Author Member.  Your registration as an Author Member, use of Author Member services provided by this website or placement of your Works for sale on the website constitutes your acceptance to be bound by the terms and conditions of this Agreement without limitation, qualification or change.  If, at any time, you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this website and remove your Works from display or sale on the website.  This Agreement sets forth Offthebookshelf.com policies with respect to its operation of this website, provision of Author Member services and the placement of Author Member Works for sale on the website. 

The use of the term “you” in this Agreement refers to authors who have registered as Author Members of the website and applies to all Works submitted by Author Members for sale on the website and their use of any Author Member services provided by Offthebookshelf.com.

We strongly urge that, before accepting these terms, you print out a copy and review it with your attorney, agent, manager and other representatives and if you have no such representatives, that you seek other independent qualified guidance.

We reserve the right to change the terms of this Agreement upon thirty (30) days advance notice.  We will notify you of changes to the Agreement by sending an e-mail to the e-mail address registered for you in the Author Member Application.  If you do not agree to the changes, you will be entitled to cancel your membership and terminate the Agreement by providing us written notice of termination due to the changes at least ten (10) days prior to the date the changes become effective.  If you do not give us timely notice of termination, you will be bound by the terms of the updated Agreement.

Your acceptance of these terms must be indicated by clicking on the “I ACCEPT” button at the end of this Agreement.

Rights of Promotion

You expressly grant Offthebookshelf.com the right to display on the website Works submitted by you for sale on the website.  Any Works submitted by you for sale on the website shall also be available for Offthebookshelf.com to use for the purpose of generally promoting Offthebookshelf.com products and services.

You give us the right to use the name, likeness and biographical material and any logos, marks, trade names, or noms de plume of you or any individuals writing or otherwise represented in the Works or individuals or entities referred to in the Works for purposes of promoting your Works for sale and for the purposes described above without any payment to you or any other persons or entities.

Waiver of Public Performance Right

You grant Offthebookshelf.com the right to waive, on your behalf, any public performance royalties on the Works for transmission via Internet, satellite, radio, television or any other media now known or hereafter devised for the purpose of promoting Offthebookshelf.com or your Works. 

Ownership of Works; Submissions

You shall retain full ownership of your Works subject to the rights granted to Offthebookshelf.com in this Agreement.  Offthebookshelf.com retains the rights to the source code and other materials created to enable our business and the posting of your Work under this Agreement.  Offthebookshelf.com shall own the rights to any posts or submissions covered by the Terms of Use, including comments and suggestions, even if related to you or your Works.

Please understand that Offthebookshelf.com does not proofread, edit or otherwise alter your content in any way.  You bear the sole responsibility to review your book or other Work before it is submitted to the website for sale to consumers.  Your review should include, but not be limited to, review for typographical errors, grammar, unfinished text, or other errors; low-resolution images that may be blurry when printed; and any formatting or design issues.

Your Representations and Warranties

You are making the following representations to Offthebookshelf.com and guarantee the following to be true:

-  You have all rights, approvals and/or consents necessary to submit the Works for the uses contemplated on the website.

-  No permission is required from any other person or entity for us to sell and use the Works and other rights provided on the website.

-  The characters, plot, storylines and other materials contained in the Works are original, created only by you and do not contain any “samples” or excerpts from the material of others without having first obtained their consent for this purpose, and your Works do not otherwise infringe on the rights of any other person or entity.

-  Your Works do not and will not violate any laws, nor are they defamatory, libelous, pornographic or obscene.

You shall be solely responsible for any violation of your agreements including the representations and warranties made to Offthebookshelf.com in this Agreement, and you shall indemnify Offthebookshelf.com and our users from any and all damages and costs, including attorneys’ fees, arising from your breach.

We have the right, in our sole discretion, for any reason or for no reason, to decline to post any Works, information or materials that you submit to the website, and, at any time, to remove any such items with or without prior notice. 

You shall sign and deliver to Offthebookshelf.com any and all additional documents that Offthebookshelf.com may request to confirm Offthebookshelf.com’s rights or your obligations under this Agreement.

CANSPAM

If you send any e-mail communications to users of Offthebookshelf.com, you agree to comply with the CAN-SPAM Act of 2003, as the same may be amended, including compliance with the following guidelines for communications:

1) Contain a valid “from” e-mail address that does not disguise the identity of the sender. 2) Clearly identify in the subject line that this is a commercial e-mail. 3)  Clearly identify the source of the e-mail and provide a physical address where the sender can be reached (which may include a P.O. Box). 4)  Provide an opportunity for recipients to opt-out of future e-mail contacts either by being able to reply directly to the e-mail, or by clicking on a link in the body of the e-mail that will take them directly to a single web page where they may opt-out. 5)   Senders cannot require the payment of any fee or the providing of any information beyond an e-mail address in order for a recipient to be able to opt-out. 6) Senders of commercial e-mails must maintain a valid opt-out list and update it within 10 business days of receiving an opt-out notice. 7)  No communications will be sent to users who are under the age of 18.

Featured Author

From time to time, Offthebookshelf.com may select a featured author.  The featured author is changed regulary and chosen by the Offthebookshelf.com staff.  It is not based on sales, popularity or number of Works authored.  Anyone can be a featured author at the discretion of Offthebookshelf.com.  Offthebookshelf.com also reserves the right to change the frequency of featured author selection or not to select a featured author at all.

Cover Art Creator

Offthebookshelf.com features a book cover art creator program that Author Members can utilize to generate cover art for their Works.

By using the cover art creator application, you acknowledge and agree that the software and all intellectual property rights in and to it are owned by Offthebookshelf.com, and you may not use it in any manner or for any purpose other than in connection with the creation of cover art for a Work owned by you to be sold through Offthebookshelf.com.  You agree not to distribute the application or otherwise make it available to the public or any third party and not to modify, copy, decompile, make derivative works of or reverse engineer it or attempt to do so.

Additionally, you acknowledge and agree that, by using the cover art creator application, you are responsible for the designs, images, symbols, colors, text, and fonts selected by you and, upon selection of cover art, you authorize Offthebookshelf and/or its third party vendors to print the selected cover art on the printed editions of your Works that are purchased through the Offthebookshelf.com website.  Offthebookshelf.com shall not be responsible for the end cover art design selected by you and cannot guarantee that there will not be any variation in color shade, size, clarity or quality between that displayed in the software application and that ultimately included in printed Works.

You acknowledge and agree that the cover art selected by you through the use of our cover art creator application may only be used on Works sold on the Offthebookshelf.com website.

Document Converter

For Author Members that wish to offer printed Works for sale, Offthebookshelf.com offers a document conversion program that Author Members can utilize to convert their .doc formatted Works into the format required by Offthebookshelf.com’s print-on-demand vendor. 

By using the document conversion program, you acknowledge and agree that the software and all intellectual property rights in and to it are owned by Offthebookshelf.com, and you may not use it in any manner or for any purpose other than in connection with the conversion of the format of a Work owned by you to be sold through Offthebookshelf.com.  You agree not to distribute the application or otherwise make it available to the public or any third party and not to modify, copy, decompile, make derivative works of or reverse engineer it or attempt to do so.

Marketing Materials

Marketing materials for Author Members are available through our website from a third party.  If you purchase marketing materials through our website, you will be responsible for working directly with the third party vendor.

Copyright Services

Author Members may purchase copyright registration services from Offthebookshelf.com.  The terms and fees for such services are listed in our Copyright Service section.

Back-Office Services

Offthebookshelf.com offers “back-office services” to its Author Members that allows them to track sales, author page traffic, connect with other authors on message boards, view recommended editors and proofreaders, edit and add Works to sell, set the prices at which Works are sold, access marketing tools, select an e-mail address, enter contests, and blog.  Offthebookshelf.com provides such information as a courtesy to its Author Members and it makes no representation or warranty as to the accuracy of any such data.  Additionally, while Offthebookshelf.com will endeavor to regularly update such information and keep it current, it makes no representation or warranty as to how current the data is.

Fees for Sale of Works; Other Charges

Provided you are not in breach of your obligations under this Agreement, OffTheBookshelf.com will sell your Works on your behalf through its website.  You will set the price at which each format of your Works will be sold, which will include the cost of printing for printed Works. Offthebookshelf.com will collect the sales proceeds from consumers who purchase your Works.  In exchange for its services, you agree to pay Offthebookshelf.com, a fee equal to $0.99 for each printed Work sold on the website and $0.80 for each audio book or electronic book (e-book) sold.  Additionally, you agree to pay Offthebookshelf.com a transaction fee equal to six percent (6%) of the aggregate sales price (excluding any taxes, and shipping and handling charges) for each sales transaction processed for the sale of your Works to defray all or a portion of the sales processing fees paid by Offthebookshelf.com to third-party vendors.  In the event you wish to offer printed versions of your Works for sale on the website, you will be charged a one-time set-up fee of $35 per Work.  You understand and agree that you shall not be entitled to any sums from Offthebookshelf.com, its customers or any third party unless and until your Works are sold through the website and payment has been received from the purchaser.

Payment Terms

Once the sales proceeds held by Offthebookshelf.com for you (after deduction of the Offthebookshelf.com fees and transaction fees described above) reach at least $10.00, you shall be entitled to elect to “cash out” and have Offthebookshelf.com remit such sales proceeds to you by electronic transfer.  You acknowledge that, each time you so elect to “cash out,” you may be subject to a transaction or other fee imposed by the third party payment vendor utilized by Offthebookshelf.com.

Any action or proceeding against us in connection with monies owed to you shall be limited to a determination of the amount of monies, if any, payable by Offthebookshelf.com to you for the accounting periods in question.  Your sole remedy shall be the recovery of those monies, if any, with no interest thereon.  Our liability to you (if any) for any reason whatsoever shall be subject to the limitation of liability provisions of the Terms of Use.

Taxes

We will collect and remit sales taxes imposed on our sale of printed versions of Works to customers designating an address located in New York State for delivery.  You are responsible for any income or other taxes due and payable resulting from amounts attributable to sales of your Works.  Accordingly, unless otherwise stated, the amounts due to you hereunder will not be reduced by any amounts withheld to pay for taxes.  We maintain the right, however, if required by applicable law or by any governmental authority, to deduct or withhold any and all applicable taxes, if any, from such amounts, and the amounts due, as reduced by such deductions or withholdings, will constitute full payment and settlement to you.

Digital Rights Management

You acknowledge that we will be entitled to utilize DRM technology in connection with the sale of Works but are not obligated to do so.  Accordingly, you acknowledge that it may be that no technology or other limitation will be imposed by us on copying or transfer of any Work available on our website.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.  We cannot be held liable for third party sharing of your Works by purchasers of your Works from our website.

Cancellation

If you have not submitted your Works to Offthebookshelf.com, you are free to cancel this Agreement at any time by sending a cancellation request via e-mail to support@offthebookshelf.com.   If you wish to cancel after you have submitted Works, we will proceed to delete your Works from our website and system within ten (10) business days of receipt of your request.  We are not responsible for any copies of your Works that have been downloaded from our website before being removed.  You will honor any transactions related to your Works that are initiated prior to the date your Works are removed from our website and this Agreement shall govern your use of our website prior to that time.  

This Author Member Services Agreement was last updated on or about January 12, 2010.

OffTheBookshelf.com
OffTheBookshelf.com