Step 1: Review Legal Agreements

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CyberRead Electronic Content Distribution Agreement

This agreement is made between You ("hereinafter referred to as the "Rights Holder", "you" or "your") and CyberRead, LLC ("hereinafter referred to as the "Distributor", "we", "us", or "our") regarding our rights to a book or books set forth here ("the Work" and the term "the Work" shall include any and all cover and internal art as well as all marketing and promotional materials developed or created by you) upon the terms below.

Grant of Rights. You hereby grant to us and our licensees, on a non-exclusive basis, the following rights in and to the Work:
1. The right to market and sell the Work, in whole or in part, alone or as part of any other works, at suggested market prices you determine or at a discount from the suggested market prices via our web site on the Internet and to license the said right to other such web sites in an affiliate or associate program whether or not owned or controlled by us in the form of an Electronic Format. "Electronic Format" as used in this agreement means any and all methods, whether now known or hereafter developed, of copying, recording, storing, retrieving, broadcasting or transmitting all or any portion of the Work, alone or in any combination with other works, by any electronic means including but not limited to the Internet whether from our web site or any web site of any of our licensees.
2. The Distributor shall have permission to use the author of the Work's name, likeness and biographical material for the purpose of advertising, publishing and promoting the Work.
3. The Distributor shall retain the right to sell, assign and transfer any of Distributor's rights to others.
Termination. This Agreement shall remain in effect until and unless either party provides to the other party thirty (30) days advance written notice of termination; Distributor shall pay Rights Holder any amounts due Rights Holder under this agreement for any sales on or prior to the date of termination.
Disclaimer. Nothing contained in this agreement shall obligate us to market and/or sell the Work as set forth in Section One (1) above; and in the event we do not so market and/or sell the Work, you shall have no claims against us.
Delivery. The Rights Holder shall deliver to the Distributor such versions of the Work including but not limited to any and all cover and internal artwork along with any marketing, advertising or promotional materials as we may require on a mutually agreed upon digital storage medium so that the Distributor may convert the Work into the required electronic format for storage and retrieval. All books, data, content and marketing images shall be listed through the Add Product Wizard on CyberRead.com. Such delivery shall take place no later than ten (10) days following the execution of this agreement and shall be at your sole cost and expense. Notwithstanding Section Two (2) above, in the event you shall fail to make such satisfactory delivery, we may elect to terminate this agreement without further notice.
Royalties. For each Work sold by the Distributor on www.cyberread.com, the Distributor shall remit royalties to the Rights Holder under the following terms and conditions:
- Electronic book (eBook): Royalties equal to forty-five percent (45%) of the suggested market price for all sales of the Work listed through the Add Product Wizard on CyberRead.com.
- The Distributor accepts full and complete responsibility for collection and payment of all applicable retail sales taxes issuing from sales of the electronic Works(s) as licensed herein. The Rights Holder shall never be entitled to any share of any sums paid to us on account of any general sale, assignment or other transfer of the entirety of our catalog or business or any portion thereof.
Sales. Rights Holder will receive an email when each sale occurs; given you have provided to us a valid email address. Commencing one (1) day after the end of the month in which you list the Work on our web site, the sales figures will be available to you online in your account. The accounting statement will include any sales that took place on web sites other than CyberRead.com - if Rights Holder has agreed to retail distribution of such titles. The accompanied payment due shall be mailed within 90 days after the close of each calendar month. All sums due you under this or any other agreement between the parties or any other related businesses to any of the parties shall be accounted for as a single account. All sums due you shall be payable in United States dollars either by company check or electronic means. All statements shall be deemed final and binding upon you unless you notify us in writing within fourteen (14) days after such statements are received; stating the specific objection(s) to the statements. No payment shall be due for any accounting period in which the sums due you amount to $50.00 or less and we shall carry such sums over to the next accounting period until such sums exceed $50.00 provided that, in any event, the Distributor shall make such payment and accounting to the Rights Holder no less than annually. Once each calendar year, you may request - upon fourteen (14) days advance notice, at your expense and during normal business hours - to examine our books and records having to do with the Work, to be conducted by qualified representatives, skilled in accounting and not on a contingent fee basis.
Format and Revisions. The Distributor may convert the Work into the required electronic format for storage and retrieval. The resulting converted digital file is the property of the Distributor. The Rights Holder reserves the right to add, edit or omit any part of the Work submitted to the Distributor at any time. The Distributor shall include such revisions in electronic copies of the Work at the cost of the Rights Holder within thirty (30) days of receipt of the revisions. We shall include in the Electronic Format any copyright information you provide to us.
Warranties. We make no warranties regarding the results of any marketing or selling efforts. You warrant and represent that you, as Rights Holder or authorized agent thereof, possess the express legal authority to grant the rights to us in this agreement; that you shall be solely responsible for the payment to the Author of the Work - and any other parties - for any rights granted to us in this agreement; that neither the Work nor entering into this agreement impairs nor violates anyone else's rights; that no portion of the Work contains any hate or racist material, is unsafe or dangerous in any way, or encourages or promotes the commission of a crime or any other tortious activity; and that the Work is original with you. If a claim, action, or proceeding is brought against us, our licensees, or any seller of the Work that would violate any of your warranties, representations or any of your other obligations in this agreement, you shall hold us and all of the above parties harmless from such claims, actions or proceedings including attorney's fees and costs, whether or not a breach of your warranties, representations or other obligations is finally sustained. You further indemnify us, our licensees, or any seller of the Work against any and all claims, actions or proceedings that arise due to any misrepresentation - whether through deceit or active concealment - of your express legal authority to enter into this agreement and our reliance thereon. We may withhold from sums otherwise due you under this agreement or any other agreement between the parties or any other related businesses to any of the parties any amounts reasonably equivalent to the amount you would owe under this Section -and should there be a shortfall we reserve the right to seek additional damages. These warranties and indemnities shall survive the termination of this agreement.
Digital Rights Management. Rights Holder acknowledges and agrees that all DRM formats offered on the digital rights management form were designed and are maintained by, and are the property of, third-party vendors. CyberRead's use of any DRM format is subject to the terms and conditions of any applicable license agreement between CyberRead and the third-party vendor of the applicable DRM format. Such third-party vendors may reserve the right to modify their respective DRM format(s) without prior notice to CyberRead or Rights Holder. CyberRead has no control over the functionality or effectiveness of such DRM formats and Rights Holder hereby releases CyberRead from any and all liability resulting from a failure of the DRM format, unless such failure was directly caused by CyberRead's gross negligence or willful misconduct.
Refunds and Charge Backs. CyberRead reserves the right to provide refunds to customers who have purchased a Book and there was an error in the fulfillment or processing. This refund will be documented and deducted from total sales of the Book, thus reducing the amount paid to Rights holder by forty-five percent (45%) of the cover price of the Book refunded. The amount will only be deducted if the royalty has previously been paid. The same policy applies to any charge backs received.
Choice of Law and Severability. This agreement shall be subject to and interpreted under the laws of the State of California applicable to agreements wholly to be performed therein. This agreement is the complete understanding between the parties. This agreement may be modified and any of its provisions waived only in a writing signed by both parties. It shall bind and benefit the heirs, assigns and successors in interest of the parties but shall be otherwise subject to any restrictions on assignment. All remedies provided us in this agreement are cumulative. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction in Marina Del Rey, California. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorney's fees and court costs. In the event any provision(s) of this agreement shall be held invalid or unenforceable, such offending provision(s) shall be severed to the extent required to conform to applicable law, and the remaining portions of this agreement shall remain in full force and effect.

Any rights not expressly granted herein are reserved.

Terms and Conditions of Use and Submission

The Legal Stuff.....

Terms of Use

By using this website or ordering any merchandise from us, you acknowledge that you have read and understand these terms and conditions of use ("Terms of Use") and agree to be bound by them. We may change or modify these Terms of Use from time to time. Thus, please review these terms to ensure your acceptance. If you do not agree to these Terms of Use, you are not authorized to use this website or to purchase any merchandise from us.

Applicable Law

This website is maintained through the CyberRead, LLC offices located in Marina Del Rey, California. Accordingly, this agreement shall be deemed to have been made in the United States in the State of California and shall be governed exclusively by the laws of the State of California without reference to principles of conflicts of law. By using this website, you consent to exclusive jurisdiction and venue in the State of California.

Arbitration of Disputes

You agree that any dispute arising out of or relating in any way to your use of this website or the purchase of merchandise from us requires that such claim be resolved exclusively by binding arbitration. The arbitration shall be conducted by a single arbitrator in the state of California, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms of Use, the arbitrator shall be authorized to award either party any remedy permitted by applicable law. Any AAA arbitration costs in this arbitration proceeding shall be borne equally by the parties.

BECAUSE THE USE OF THIS WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN US, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

Should this arbitration agreement be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in California (see "Severability" below).

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL MERCHANDISE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, COINCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. CYBERREAD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.

Third Party Sites

This website may contain links to other unrelated websites on the Internet. We are not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such sites.

Copyright and Other Proprietary Rights

All content and materials on this website, including without limitation this site's layout, organization and design, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You agree to comply with all such protections provided by applicable law.

Severability

If any provision(s) of these Terms of Use are deemed to be invalid or unenforceable for any reason, such offending provision(s) shall be severed to the extent required to conform to applicable law, and the remaining portions of this agreement shall remain in full force and effect.

Privacy Policy

Please review our Privacy Policy to develop an understanding of our practices with respect to this important issue. Our Privacy Policy is also subject to these Terms of Use and its provisions are incorporated by this reference.

CyberRead, LLC.
13603 Marina Pointe Drive, Suite D425, Marina Del Rey, CA 90292

Any rights not expressly granted herein are reserved.

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