IndieReader Review and Curation Customer Agreement
1. This Agreement can not be cancelled nor monies refunded. If IndieReader declines to provide the Review, you will receive a full refund for your purchase. If IndieReader elects to provide the Review, the Review process will begin after IndieReader receives this signed and dated Agreement, two copies of the Book (additional copies maybe requested to those entering the IndieReader Discovery Awards) and payment. Copies of the Book become the property of IndieReader and will not be returned to Author.
2. Standard reviews are generally completed and returned to Author within seven to nine weeks, while rush reviews are completed and returned to Author within four to six weeks (an additional week will be added for legal holidays).
3. Books containing 125,000 words or more are subject to an additional fee of $50 and an up to two week extension of time for completion of the review. If IndieReader declines to provide a Review or if Author submits a Book containing 125,000 words or more and declines additional fees and extension of time for completion of Review, Your payment and copies of the Book will be returned.
4. IndieReader will endeavor to provide an objective Review; however, every Review is subjective. No second reviews or refunds will be granted, regardless of the content or nature of the Review. IndieReader specifically disclaims all warranties, express or implied, including, but not limited to, warranties against non-infringement, and implied warranties of merchantability and fitness for a particular purpose. Author has no legal recourse, and may not threaten or commence litigation, if it does not agree with the Review. If you commence litigation, you shall be liable for any legal fees incurred by IndieReader. Revisions of the Review will be considered only if it contains factual errors. Any revisions will be made at IndieReader’s discretion.
5. Author may reproduce the Review in its entirety or excerpt a portion of it for marketing or promotional purposes only. Author may not add words to, or alter the integrity of the Review. In each use of the Review, Author must include a credit attributing the Review to “IndieReader”.
6. Author represents and warrants that you are authorized to submit the Book for Review. You irrevocably release IndieReader, its affiliates, employees and reviewers, and shall indemnify, defend and hold them harmless from and against any and all liabilities, damages, losses, claims, costs and fees (including attorneys’ fees) related to or arising in connection with the Review and any breach of this Agreement.
7. Author may not assign this Agreement. This Agreement supersedes all prior agreements and understanding between you and IndieReader regarding the subject matter hereof. This Agreement shall be construed and interpreted according to the laws of the State of New Jersey without regard to its conflicts of law provisions and shall be binding upon the parties hereto, their heirs, successors, permitted assigns and representatives. Author hereby submits to the exclusive personal jurisdiction of the federal and state courts located in State of New Jersey, which shall have exclusive jurisdiction to hear and settle any and all matters involving the parties.
8. The following terms apply to Author for any written work by author (“Work”) that has received an IR Approved rating of four to five stars or won in the IndieReader Discovery Awards program (IRDAs), thus designating the Author as an IR Approved or IRDA winner.
Grant and Territory: Author hereby grants and assigns to IndieReader the nonexclusive worldwide right to digitally copy, distribute, market, license and sell (collectively “Distribute”) the Work, and to authorize others to do so, under a list price established by the Author (“Price”). Since the terms of this agreement with IndieReader are non-exclusive, Author is free to distribute, license, market and sell his or her Work elsewhere.
Distribution: IndieReader will Distribute Author’s Work in the IR Curation Program under the following conditions:
Distribution of Work As Is. Generally, IndieReader will Distribute Author’s Work as it is delivered to us for review, and not edit or modify the Work. Certain modifications may occur caused by file or design conversions. IndieReader does not guarantee accurate preservation of the original Work’s formatting. Author understands that IndieReader does not control or operate the supporting technology for the IR Curation Program, and agrees to cooperate with IndieReader and the host website(s) for the IR Curation Program (“Host”) in ensuring the Work is accurately and acceptably formatted in IR Curation Program. IndieReader reserves the right not to Distribute the work of an Author who does not cooperate in such formatting efforts.
Distribution at Option of IndieReader. IndieReader may decide not to Distribute Author’s Work or may decide to discontinue its distribution of Author’s Work for any reason. Except in the case of gross violations of this Agreement, IndieReader will make every attempt to provide reasonable notice to the Author via email, up to and including providing instructions on how to remedy potential issues that might prevent IndieReader from listing a title.
Promotional Rights. IndieReader will have the right to distribute excerpts of the Work, in any form of media, including printed media, in order to promote (a) the Author or Author’s Work, and/or (b) IndieReader and IRs Curation Program. These samples will be licensed for free, non-commercial use, duplication and sharing. Samples will be limited to no more than ten percent (10%) of the Work.
How Author may Remove Works from IR Curation Program: If Author desires to have the Work removed from the IR Curation Program, the Author may notify IndieReader in writing to remove the Work, at the following email address firstname.lastname@example.org. After that notice, IndieReader will remove the work from the IR Curated Page within five (5) business days. IndieReader has no control over and no responsibility for removing the Work from any other part of the Host’s website or system apart from the IR Curation Program.
Infringement by Others Upon Author’s Work. Author agrees and understands that once the Work has been purchased or licensed by a purchaser (“Purchaser”) through the IR Curation Program, that IndieReader cannot retract or remove or in any way control that copy of the Work. Author further agrees and understands that any infringements or violation that occur after the Work has been purchased or licensed via the IR Curation Program are not under the control of IndieReader and that IndieReader shall have no responsibility or liability for any such violations. If an Author learns that a third party is violating Author’s copyright or pirating or illegally distributing a copy of the Work originating in the IR Curation Program, the Author shall inform IndieReader; however, it is the Author’s responsibility to seek relief from the offending parties.
Removal of Infringing or Defamatory Work of Author. IndieReader takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an infringed party. Generally, upon receipt of a written notice from a party allegedly infringed or defamed by Author’s material (or someone purporting to be his agent, Distributor, attorney in fact or assign), IndieReader will remove the Author’s Work from the IR Curation Program and reserves all right to remove any and all information about the Author and the Author’s Work from the IR Curation Program.
Copyright. The Copyright in the Work shall belong to the Author or the party that the Author cites as the copyright holder. Author shall be solely responsible for filing its copyrights and any other intellectual property with the appropriate governmental body. It is the Author’s responsibility to place a copyright notice on the copyright page or some other prominent place in the Work.
Royalty Rates: Revenues earned by sales originating from the IR Curation Program shall be paid initially from Host to IndieReader, acting as agent for the Author (“Agent”). Author and IndieReader both understand and agree that revenues received by IndieReader are net of any fees first collected by Host and/or its other distribution partners (“Net Revenues”). The Net Revenues shall be divided between Author and IndieReader as follows: 85% to Author (“Royalties”) and 15% to IndieReader.
Other Subsidiary Rights. IndieReader and the IR Curation Program shall only Distribute electronic versions of the Work, and keep 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 the electronic version distributed from the IR Curation Program.
Statements and Payments of Author Royalties. (Although IndieReader will refer in this agreement to “Royalties” for the sake of simplicity, payments to Author in the eyes of the IRS are really “other income”). IndieReader will pay Author Royalties on a quarterly basis, approximately 7 days following the close of each calendar quarter. Payment shall be made via Paypal unless otherwise mutually agreed upon by the parties. If Royalties due to an Author total less than ten dollars ($10) in any given quarter, then IndieReader will delay payment until such quarterly period as the total earnings due exceed that threshold.
Author’s Warranties. The warranties and representations contained in this Agreement extend to Author and its licensees and successors and assigns. By uploading content to the IR Curation Program, you agree that any violation of the warranties below may result in immediate deletion of your account and the forfeiture of accrued earnings.
You, the Author, warrant and represent that the Work is complete and that You:
are the only author of the Work;
are the sole owner of the rights herein granted;
have not assigned, pledged, or encumbered such rights or have not entered into any agreement which would conflict with the rights granted to IndieReader herein; and agree not to do any of the aforementioned without first removing the work from the IR Curation Program
have 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 is libelous or violate any personal right or other right of any kind of any person or entity (this includes publishing a person’s private email address without their 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;
violate state and federal laws.
contains SEO keyword spam, either in your manuscript or your metadata tags
You further warrant the book meets the following standards for originality:
this is not a public domain work;
the book does not include word-for-word scrapes – or is not a compilation – from Wikipedia or other public domain, government or commercial services;
Your Book does not and will not appear elsewhere on the Internet authored by people other than yourself or by pen names (pseudonyms) different from your pen name in the IR Curation Program;
None of your book content, either in part or in its entirety, is sourced from “Private Label Rights” articles (a.k.a. “PLR“), article “spinners,” books rewritten from PLR, or ebooks or information sources which license the same content to other people;
Rights of Purchasers. “Purchasers” are those who pay whatever fee is set by the Author to purchase or download or license the Work. Customers are allowed to use each copy of the Work for their personal enjoyment in any reasonable non-commercial manner in compliance with copyright law and pursuant to the Host’s Terms of Service.
Termination. Either party may terminate this Agreement at any time without notice. However, purchased copies of the Work will not be removed from Purchasers’ accounts. In the event of termination the following terms will survive: C, D, E, F, I, J, K, and L.
Indemnification. Author will indemnify and hold IndieReader and its licensees, successors and assigns, and its and their distributors, customers, officers, directors, members, employees and agents harmless against any expense (including, but not limited to, reasonable attorneys’ fees and disbursements) or judgment, settlement or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by Author in this Agreement.
IndieReader Disclaimer of Warranties. All Services provided by IndieReader are provided to Authors “AS IS” and “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE SELECTION AND USE OF THE IndieReader IR CuratION PROGRAM SERVICE OR ANY MODIFICATIONS THERETO IS WITH AUTHOR. INDIEREADER DOES NOT WARRANT THAT THE IR CURATION PROGRAM WILL MEET THE REQUIREMENTS OF AUTHOR OR PURCHASERS. TO THE EXTENT THAT INDIEREADER MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
LIMITATION ON DAMAGES. IN NO CASE SHALL INDIEREADER BE LIABLE TO AUTHOR OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. In the event that IndieReader is found liable for any damages, for any reason whatsoever, Author hereby expressly agrees that, in no event will IndieReader’s liability to Author exceed the amounts collected by IndieReader for the Work.
Entire Agreement. This Agreement is the entire agreement between the parties concerning the subject matter hereof.
Governing Law; Severability. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of New Jersey. Jurisdiction for all purposes hereunder shall be the courts of the State of New Jersey, and the parties hereby consent to such jurisdiction and venue. If any portion of this Agreement is held invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
No Agency. No agency, partnership, joint venture or other joint relationship is created hereby.
Acknowledgement. By using the Service you acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions.
IndieReader In-Store Terms of Service
This Agreement outlines the terms of service for the Author’s participation in IndieReader’s IRIS program. Via this program, IndieReader will provide an IndieReader review and comprehensive book listing in the Above the Treeline, LLC (“Edelweiss”) database, including pertinent information about the book (ISBN/ASIN #, Retail Cost, etc) and author. For additional information about the IRIS program, click here <http://indiereader.com/authorservices/indiereader-in-store/>. Books listed by Author with the IRIS program shall be referred to as “Title” in this Agreement.
2. Duties and Obligations.
IndieReader and Author shall perform the respective duties and have the respective obligations pursuant to this agreement as set forth herein.
IndieReader shall have the following right and obligations pursuant to this agreement, subsequent to Author’s agreeing to the terms of this Agreement and paying the fees set forth herein:
Upon receipt of the Title, IndieReader will prepare a review in 6-8 weeks (“IR Review”). If an IR Review has already been completed, the prior IR Review will be used.
IndieReader will email completed IR Review to the Author. If the Author declines to have the IR review included, Author will respond to the email and the Author’s refusal will be noted in the Edelweiss listing.
IndieReader will place Title in the Edelweiss database within two weeks of IR Review completion.
Orders for Titles placed by bookstores through Edelweiss are forwarded to Ingram, which will ship the order to the bookstore. IndieReader has no affiliation with Ingram and shall have no responsibility for Ingram’s timely and effective fulfillment of orders placed through the IRIS program.
IndieReader will receive a sales report from Ingram at the end of the month detailing sales/returns for that month, which IndieReader will promptly forward to the Author.
If Edelweiss/Ingram has made any sales of Author’s Titles, IndieReader will pay Author all amounts due within 90 days of IndieReader’s receiving such funds from Ingram, in order to account for any books returned.
INDIEREADER WILL NOT TAKE OR KEEP ANY PORTION OF THE SALES OF THE TITLES MADE THROUGH EDELWEISS/INGRAM.
IndieReader is in no way affiliated with Edelweiss and is not in any way responsible for the appearance, performance or functioning of the Edelweiss website.
IndieReader explicitly disavows itself of any warranties, obligations or responsibilities for the Edelweiss website.
IndieReader has no control over or liability for the success of Author’s Titles in the IRIS program.
Author shall have the following rights and obligations pursuant to this Agreement:
Upon reviewing this Agreement, Author will click to agree to these terms and shall pay the IRIS Program Fees (set forth below).
Author shall submit a copy of all Titles to be placed in the IRIS Program to IndieReader at PO Box 43121, Montclair, NJ 07043 or send via email to ebooksubmission@indiereader.
Author shall complete the IRIS submission form for each Title at <http://indiereader.com/authorservices/form-iris-price-form/>.
Author will provide any other requested information necessary for IndieReader to perform its duties.
Author is responsible for ensuring timely fulfillment via Ingram of all orders placed in Edelweiss.
Author is responsible for ensuring that any Titles ordered via Ingram are RETURNABLE.
Author agrees that he/she will give a 40% discount of the Title’s retail price to any bookseller who places an order via Edelweiss.
The fee for inclusion in the IRIS database is $529 per title for the first year, payable via Paypal or Stripe at the time Author signs up for the IRIS program. The author has the option of paying an additional $75 for a RUSH review, for a total of $604. If the Author has previously had that specific book reviewed by IndieReader, the initial fee for that title will be reduced to $304. There is a $50 renewal fee per title per year after the first year.
4. Additional Terms of Agreement.
This agreement shall commence on the date all terms are accepted by Author.
IndieReader and Author warrant and represent that each respectively has the authority to enter into this Contract and to perform all obligations hereunder.
Author warrants and represents that he/she is over the age of 18 years and that all information provided is true and accurate and you hereby agree to update such information as necessary.
IndieReader is an independent contractor/distributor and not an employer, employee, servant, agent or joint venturer with Author. This Agreement does not create an agency, partnership or franchisee/franchisor relationship.
Author is solely responsible for all of his/her content and shall indemnify IndieReader from any claims of copyright, patent, trademark or similar claims relating to the authenticity of the work provided by Author.
Author warrants and represents that his/her content and information regarding the Title(s) is NOT false, inaccurate or misleading and does not misrepresent facts; does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; does not violate any law, statute, ordinance or regulation, including those governing false or deceptive advertising; is not fraudulent, defamatory, trade libelous, unlawfully threatening or unlawfully harassing or violate any rights of publicity or privacy; is not obscene or contain pornography; contain any worms or viruses, or other device that could impair or injure any person or entity or the website; will not create liability for IndieReader or IndieReader’s Internet service providers or other suppliers.
5. Governing Law
Any dispute arising under this Agreement shall be governed by the courts and laws of the State of New Jersey.
6. Limitations of Liability and Disclaimer of Warranties
INDIEREADER, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE THE IRIS PROGRAM AND ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDIEREADER, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary by state.
IN NO EVENT WILL INDIEREADER, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE IRIS PROGRAM, THE EDELWEISS WEBSITE OR ANY SERVICES, HOWEVER THE SAME MAY ARISE (WHETHER OR NOT IN NEGLIGENCE OR OTHERWISE).
ANY DAMAGES PAYABLE UNDER THIS AGREEMENT SHALL BE LIMITED TO THE THEN-CURRENT ANNUAL FEE FOR AUTHOR INCLUSION IN THE IRIS PROGRAM.
Author agrees to indemnify and hold IndieReader and its officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Immediately upon the receipt of written notice that this Agreement shall be terminated,
IRIS may limit your activity, immediately remove your title from the Edelweiss database, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you or terminate this Agreement if:
Author breaches this Agreement or the documents it incorporates by reference;
IndieReader is unable to verify or authenticate information provided by you;
IndieReader believes that your actions may cause financial loss or legal liability for you, IndieReader, the IRIS Program, Edelweiss or its customers;
IndieReader suspects that you (for any reason whatsoever) have engaged in fraudulent or wrongful activity in connection with the IRIS Program; or
IndieReader, in its sole discretion, deems such remedy necessary for any reason. Upon such termination, Author shall be obligated to pay IndieReader any monies due and owing up through the termination date for services actually performed and all reasonable expenses actually incurred, and IndieReader shall be obligated to pay Author any outstanding monies owed to the Author from sales of any Titles.
The headings have been inserted for convenience only and are not to be considered when construing the provisions of this Agreement.
No alteration or modification to any of the provisions of this Agreement shall be valid unless in writing and signed by both parties.
Any notice required under this agreement shall be by certified mail, return receipt requested, or by next day delivery service, addressed as following: IndieReader: Amy Edelman (address as set forth above); Author: at the address designated on the account information set forth on their payment submission and shall be deemed received three days after mailing or once actually received, whichever is earlier.
The parties agree that they shall not discriminate on account of race, sex, color, religion, national origin or handicap or other characteristic protected by law.
There are no third party beneficiaries of or to this Agreement.
11. Complete Agreement
This Agreement is the sole and entire agreement between the parties relating to the
subject matter hereof, and supersedes all prior understanding, agreements and
documentation on this matter. If any provisions of this Agreement are deemed
unenforceable, that provision shall not invalidate the remaining provisions contained in
this Agreement, and they shall continue in full force and effect.
12. Changes to Website, policies and procedures and this Agreement.
IndieReader may, in its discretion, change, suspend or terminate, temporarily or permanently, the IRIS Program or any part of them at any time, for any reason, without any notice or liability to Author or any other person. IndieReader may, in its discretion, change, supplement, or amend its policies and procedures and this agreement as they relate to future use of the IRIS Program from time to time and without any notice or liability to You or any other person, by posting revised documents on the Website. You may not change, supplement or amend this Agreement or any IndieReader policies or procedures. Following such announcement, your continued use of the services available pursuant to the Website shall be deemed acceptance of such changes to this Agreement and to the Policies. IndieReader may (but is not obligated to) notify you of any changes to this Agreement or the Policies by posting a notice of changes of the Website for 30 days. This Agreement may not be otherwise amended except in a writing signed by you and IndieReader. If you do not agree to any changes to the Agreement or the Policies pursuant to the foregoing, then you must notify IndieReader via email at email@example.com and this Agreement will terminate thereafter and IndieReader will discontinue your account; provided that prior to termination of this Agreement and termination of your account, you will be obligated to process any of your orders then open and render payment for any amounts due to IndieReader.
I have reviewed and am prepared and authorized to accept these Terms of Service.
Click <here> to Agree.