Jamwriter Non-Exclusive Publishing Agreement
This plain English Non-Exclusive Publishing Agreement is entered into by and between Jamwriter.io, a division of Offworld Publishing (“Publisher”), and the Jamwriter.io Registered Member (“Author”), who intends to upload and publish their digital book (“Book”) on the Jamwriter.io Bookstore (“Store”).
This is a non-exclusive arrangement, whereby the Author agrees to publish their Book to the Store. The Publisher will not re-publish the Book anywhere else but the Store but the Author is free to publish their Book to any location they see fit. The Author is always shown as the sole owner of the Book on the Store.
The Author hereby grants the Publisher a free licence to publish the Book and show and use any associated aspects of the book, including but not limited to its design. The Author confirms that they have the rights and permissions to do so. The Author agrees that the Publisher shall not be held liable for any infringement of copyright.
The Publisher is not obligated to publish any books on its Store and has the right to refuse publication or otherwise contact the author to suggest improvements to Book quality. The Publisher will not suggest improvements in Book content.
The Author will upload their Book in one or all of the following formats only:
Costs of Publishing
There is no cost to the Author for publishing their Book to the Store.
The Publisher shall pay to the Author, 50% of the price paid by a customer who purchases the Author’s book. The Publisher shall render to the Author a monthly statement of copies sold (where there have been such copies sold) and the resulting payment due. The payment by the Publisher to the Author shall be made on the 30th day of the month following the rendering of the statement. The Store, being a vendor of digital media only, shall have no return policy for the digital version of the Book.
Time of Publication
The Publisher agrees that the Author’s Book shall be published, rejected, or amendments requested within 30 days of the Author uploading it.
Advertising and Promotion
The Publisher has the right to market and otherwise promote the Store and the Book wherever it sees fit. Generally, such efforts will point prospective customers to the Store but on occasion, these efforts may focus on the Book itself. Consequently, the Publisher shall have the right to use the Author’s name, Book description, image, likeness, and biographical material for advertising, promotion, and other exploitation of the Book.
The Author is advised to seek and secure copyright for their Book and shall, under this agreement, continue to own 100% of that copyright without exception. The Author shall indemnify the Publisher against any and all claims of copyright infringement resulting from the publication of the Book on the Store or any visible location the Book is visible during the Publisher’s marketing efforts.
Warranties, Representations and Indemnities
The Author represents and warrants to the Publisher that:
(a) the Work is not in the public domain
(b) the Author is the sole proprietor of the work and has full power and authority, free of any rights of any nature whatsoever by any other person, to enter into this Agreement and to grant the rights which are granted to the Publisher in this Agreement
(c) the Work has not previously been exclusively published, in whole or in part, in any form, so as to prevent publication on the Store
(d) the Work does not, and if published will not, infringe upon any copyright, trademark, or any other intellectual property rights or other proprietary rights of any third party
(e) the Work contains no matter whatsoever that is obscene, libellous, violative of any third party’s right of privacy or publicity, or otherwise in contravention of law or the right of any third party
(f) all statements of fact in the Work are true and are based on diligent research
(g) all advice and instruction in the Work is safe and sound, and is not negligent or defective in any manner
(h) the Work, if biographical or “as told to” the Author, is authentic and accurate
The Author shall indemnify, defend, and hold harmless the Publisher, its parent company, subsidiaries, and affiliates, and their respective shareholders, officers, directors, employees, partners, associates, affiliates, joint venturers, agents, and representatives, from any and all claims, debts, demands, suits, actions, proceedings, and/or prosecutions ("Claims”) based on allegations which, if true, would constitute a breach of any of the foregoing warranties and representations or any other obligation of the Author under this Agreement, and any and all liabilities, losses, expenses (including attorneys’ fees and costs) and damages in consequence thereof.
Cessation of Publication
The Publisher will remove the Book from the Store and any associated marketing efforts immediately on breach of any clause in this agreement. In addition, such a breach will result in the cancellation of the Author’s membership to all aspects of Jamwriter.io and its Store.
Should the Author enter into an exclusive agreement with a 3rd party, which prevents the Book’s publication on the Store, the Author will inform the Publisher to remove their Book from the Store and any specific marketing efforts and the Publisher shall have 30 days to remove the Author’s Book from the Store. There shall be no costs liable from either party for cessation of publication.
The Publisher’s obligations under this Agreement shall be extended by a period equal to any period of force majeure (circumstance beyond the control of the Publisher) that prevents the Publisher from performing such obligations.
By virtue of being a registered member of Jamwriter.io, the Author has logged their email address. This email address shall be the mode of communication to the Author about any matter concerning the publication of the Book on the Store or for any matter concerning the Author’s membership. The Publisher’s email address for this purpose is email@example.com.
Regardless of the place of its physical execution, this Agreement shall be interpreted, construed, and governed in all respects by the laws of the United Kingdom.
This agreement comes into force upon the Author accepting their terms when they publish their Book on the Publisher’s website.