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ADELAIDE BOOKS - TERMS & CONDITIONS

 

 

 

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When signing a publishing agreement with ADELAIDE BOOKS, AUTHOR agree as follows:

1.   License to Publish

a)  AUTHOR grants ADELAIDE BOOKS non-exclusive and worldwide license to publish, store, use, transmit, distribute and sell his WORK in print and electronic form in English language throughout the world.

b) AUTHOR remains the copyright owner of the WORK. All rights to the WORK not expressly granted to ADELAIDE BOOKS here will remain, always, with the AUTHOR. The AUTHOR can sell publishing rights in other languages, television rights, film rights, billboard rights, t-shirt and accessories rights—all without the approval of the PUBLISHER. PUBLISHER has only the rights described in Paragraphs 1a.

2.    Term

The license for the WORK shall extend for 3 (three) years after the WORK’S first release date. The license will automatically be renewed for consecutive 2 (two) year(s) terms if neither party gives at least thirty (30) days advance written notice transmitted via electronic or standard mail prior to the end of the current term.

3.    Royalty Payments

a) On all sales of the WORK, PUBLISHER shall pay the AUTHOR royalties in the amount of twenty to fifty percent (20% - 50%) of net receipts. Net receipts are the payments that ADELAIDE BOOKS actually receives from sales of WORK, less any printing and distribution charges, returns, taxes, credit card facilitation charges, shipping and handling charges. The amount of royalties depends on the type of publishing contract between Adelaide Books and the Author. Please, inquire about our publishing contract options.

b) ADELAIDE BOOKS shall pay AUTHOR all royalties earned, on a monthly basis, within thirty (30) days of the end of each calendar month in which the AUTHOR earned a royalty (for the sales online and for the direct sales) and on a quarterly basis, within thirty (30) days of the end of each calendar quarter in which the AUTHOR earned a royalty (for the sales through bookstores).

c) No royalty shall be paid to copies sold to the AUTHOR.

d) ADELAIDE BOOKS shall regularly forward to the AUTHOR all monthly and quarterly earnings statements related to the WORK as received from distributors.

e)  The AUTHOR shall have the right (every six months) to examine accounts of the ADELAIDE BOOKS (at mutually agreed convenience) insofar as they relate to the BOOK. The examination will be done by
AUTHOR, the Author’s representative or accountant, in person or online.

4.    Publication

ADELAIDE BOOKS intends to market, sell and distribute the WORK within seven (7 ) days upon AUTHOR’S approval of the first proof copy.

5.    Publication Format & Design

a) ADELAIDE BOOKS and AUTHOR mutually agree on the WORK’S retail price and format. The retail price should follow generally accepted publishing industry guidelines.

b) WORK will be published in paperback, hardcover, and/or e-book formats.

c) ADELAIDE BOOKS will make no changes or alterations to the WORK without the AUTHOR’S permission. The AUTHOR will have approval over the design, format and style of the WORK, including text, graphic material and cover art. In all matters of design, format and style, ADELAIDE BOOKS will, in consultation with the AUTHOR, present graphic materials to the AUTHOR, who will have the right to approve such materials and such approval will not be unreasonably withheld.

6.    Book marketing

a) ADELAIDE BOOKS shall provide, in agreement with the AUTHOR, all necessary  pre & post-print marketing tools and services for the WORK, consisting of, but not limited to: three (3) press releases; three (3) qualified pre-publishing editorial reviews of the WORK; design and maintenance of the book website and blog (with its own domain name and hosting); magazine promotions and interviews with the AUTHOR; sixty (60) social channels and blog posts; book-giveaways to book review venues and book bloggers, book video trailer,  potential nomination for the Pushcart Prize and/or other literary awards; and the inclusion of the published WORK in the Adelaide Books Book Expo Presentation in New York from May 30 to June 01.

b) AUTHOR shall participate and support, in accordance to his schedule and availability, all marketing and promotional actions organized by the ADELAIDE BOOKS. 

7.    Free Books

AUTHOR shall be entitled to two (2 ) free proof copy(ies) of each of the book formats  consisting the WORK.

8.   Author’s Discounts

AUTHOR shall be entitled to purchase copies of the WORK through ADELAIDE BOOKS with discount of fifty percent (50%) off list price. AUTHOR shall pay for the shipping charges from the printer to his designated destination.

9.    Author Warranties

AUTHOR represents and warrants the following to ADELAIDE BOOKS:

a)   AUTHOR is the sole copyright owner of the WORK (this includes manuscript, pictures, images, drawings and any other materials submitted to ADELAIDE BOOKS) and has the full power, authority and right to enter into this Publishing Agreement;

b)    This Agreement does not conflict with any other contracts, understandings, or arrangements between the AUTHOR and any other person or entity;

c)     The WORK is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses, copyrights, or permissions have been secured;

d)    The WORK as submitted, and its publication by ADELAIDE BOOKS, do not and will not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other persons and entities;

e)   The WORK and all the rights in WORK are free of liens, claims, interests or rights in others of any kind;

f)    ADELAIDE BOOKS shall not have any legal responsibility for AUTHOR’S WORK.

g)   The WORK is not defamatory or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the WORK are not and will not be injurious to any reader, user, or third person;

h)    All information submitted to ADELAIDE BOOKS is entirely accurate to the best knowledge of the AUTHOR.

10.   Indemnification

AUTHOR agrees to fully indemnify, defend and hold harmless ADELAIDE BOOKS and its affiliates from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney's fees and court costs) arising from, connected with, or by reason of any breach of any of the representations and warranties set forth above, but the AUTHOR shall not be liable for any matter inserted in the WORK by ADELAIDE BOOKS or its licensees. All warranties and indemnifications made by the AUTHOR therein shall survive termination of  Publishing Agreement between ADELAIDE BOOKS and the AUTHOR or any license under  Agreement.

"Affiliates" means owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies, licensees, distributors, advertisers, Internet service providers, attorneys, and accountants and any other person or entity to whom Publisher extends its license or warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the WORK or the exercise of any rights in the WORK or derived from the WORK.

11.   Copyright Infringement

ADELAIDE BOOKS shall have the right to commence action for copyright infringement based on the rights granted under this Agreement.

 

 



ADELAIDE LITERARY MAGAZINE IS AN INDEPENDENT MONTHLY PUBLICATION IN ENGLISH AND PORTUGUESE LANGUAGE

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