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Created 2019-02-05 | last modified 2020-05-02

TERMS OF USE

These terms of service in laymen's terms

  1. Acceptance of the Terms of Use

    1. These terms and conditions of use for the WLC Service, constitute a legal agreement and are entered into by and between You ("You", "Your", "User") and World Literature Company, Inc ("WLC", "We," "Us," "Our"). The following terms and conditions together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms of Use"), govern Your access to and use (including but not limited to any content, functionality, purchases, and services) offered on or through the WLC Service.

    2. BY USING ANY ELEMENT OF THE WLC SERVICE, YOU: (i) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE; AND (ii) REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH WLC AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT AGREE OR DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WLC SERVICE.

    3. IF YOU ARE AN AGENT OR EMPLOYEE THEN YOU HEREBY REPRESENT AND WARRANT THAT: (i) AS THE INDIVIDUAL ACCEPTING THIS AGREEMENT YOU ARE DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON THE ORGANIZATION'S BEHALF AND TO BIND THE ORGANIZATION, AND (ii) THAT THE ORGANIZATION HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.

  2. Definitions

    1. "Account" means (i) for a Customer, the right granted by WLC to Customer to access and use the paid portions of the WLC Service in accordance with Customer’s order and the terms of these Terms of Use or (ii) for an Author, the right granted by WLC to You to access and use the publisher portions of the WLC Service in accordance with the terms of these Terms of Use.

    2. "Affiliated Sites" means all websites run by WLC including scifistories.com, finestories.com, storiesonline.net and any future sites that WLC may create that Author chooses to list its Electronic Book(s) on.

    3. "Author" means an entity or person who holds the rights to license their Electronic Book(s) to Customers of the WLC Service.

    4. "Author Fees" means, as applicable: (i) thirteen percent (13%) of the Net Revenue received by WLC from Customers for Author’s Electronic Book(s) licensed solely via www.bookapy.com, or (ii) eight percent (8%) of the Net Revenue received by WLC from Customers for Author’s Electronic Book(s) licensed solely via www.bookapy.com but also made available by Author on an Affiliated Site’s ‘premier’ section.

    5. "Content Standards for Authors" means WLC’s content standards for Electronic Books as updated from time to time by WLC at WLC’s sole discretion.

    6. "Customer" means an individual who uses the WLC Service to purchase a license to an Author’s Electronic Book.

    7. "Derivative Data" has the meaning as defined in Section 12.

    8. "Electronic Book" means an electronic book that is uploaded by Author to the WLC Service.

    9. "Feedback" has the meaning as defined in Section 7.

    10. "Interactive Functions" has the meaning as defined in Section 4.3.

    11. "Net Revenue" means the gross revenues received by WLC from Customers for a certain time period (based on the price set for each Electronic Book as determined by Author) for an Author’s Electronic Book(s), minus Taxes and Withholding Tax (as applicable) and other fees such as payment processing fees.

    12. "Personal Information" means any information relating to an identified or identifiable individual.

    13. "Privacy Policy" means the WLC privacy policy.

    14. "Submit" has the meaning as defined in Section 6.2.

    15. "Tax Registration" means all aspects of the Author registration in which information that may impact the taxation of Author Payments, specifically including the completion of any required governmental forms or substitute forms.

    16. "Taxes" has the meaning as defined in Section 14.1(j).

    17. "Terms of Use" has the meaning as defined in Section 1.

    18. "User Submissions" has the meaning as defined in Section 6.2.

    19. "We", "Us", "Our" has the meaning as defined in Section 1.

    20. "Website" means www.bookapy.com.

    21. "WLC" has the meaning as defined in Section 1.

    22. "WLC Service" means: (i) means the services and materials WLC makes available via the Website; (ii) the Website; (iii) phone and email support; (iv) all other software, hardware, and systems used by WLC to host and make the WLC Service available for User's use and access; and (v) other software, sites, and services operated by WLC in connection to any of those.

    23. "You", "Your", "User" has the meaning as defined in Section 1 and includes an Author and a Customer as the context requires.

    24. "Your Data" means any data, information, content, records, and files that You load, transmit to or enter into the WLC Service or otherwise provide to WLC, excluding Electronic Books, and any data, information, content, records and files that the WLC Service obtains from Your servers or systems or from third parties on Your behalf (including Personal Information), including any and all intellectual property rights in any of the foregoing.

  3. Modifications to the Terms of Use and to the WLC Service

    1. We reserve the right in Our sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the WLC Service. You agree to periodically review the Terms of Use in order to be aware of any such modifications and Your continued use shall be Your acceptance of these.

    2. The information and material on the WLC Service, and the WLC Service may be changed, withdrawn or terminated at any time in Our sole discretion without notice. We will not be liable if for any reason all or any part of the WLC Service is restricted to users or unavailable at any time or for any period.

  4. Your Use of the WLC Service and Account Set-Up and Security

    1. You are responsible for obtaining Your own access to the WLC Service. You are required to ensure that all persons who access the WLC Service through Your internet connection are aware of these Terms of Use and comply with them. You are responsible for any security breaches or performance issues relating to accessing the WLC Service.

    2. The WLC Service requires user registration. It is a condition of Your use of the WLC Service that all the information You provide on the WLC Service is correct, current, and complete.

    3. Your provision of registration information and any submissions You make to the WLC Service through any functionality (collectively, "Interactive Functions") constitutes Your consent to all actions We take with respect to such information consistent with Our Privacy Policy and these Terms of Use.

    4. Any user name, password, or any other piece of information chosen by You or provided to You as part of Our security procedures, must be treated as confidential, and You must not disclose it to any other person or entity. You must exercise caution when accessing Your Account from a public or shared computer so that others are not able to view or record Your password or other Personal Information. You understand and agree that should You be provided an Account, Your Account is personal to You or Your organization and You agree not to provide any other person with access to this WLC Service or portions of it using Your user name, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You logout from Your Account at the end of each session. You are responsible for any password misuse or any unauthorized access. You may not allow multiple people to use the same Account or otherwise access the WLC Service in a manner intended to avoid incurring fees.

    5. We reserve the right at any time and from time to time, to disable or terminate Your Account, any user name, password, or other identifier, whether chosen by You or provided by Us, in Our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

    6. You are prohibited from attempting to circumvent and from violating the security of this WLC Service, including without limitation: (a) accessing content and data that are not intended for You; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting the WLC Service owner's ability to monitor the WLC Service; (f) using any robot, spider, or other automatic device, process, or means to access the WLC Service for any purpose, including monitoring or copying any of the material on the WLC Service; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the WLC Service via a denial-of-service attack, distributed denial-of-service attack, flooding, mail-bombing or crashing; (i) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the WLC Service (j) create any "links" to or "frame" or "mirror" of the WLC Service or any portion thereof; or (k) otherwise attempting to interfere with the proper working of the WLC Service.

  5. Intellectual Property Rights and Ownership

    1. You understand and agree that the WLC Service and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by WLC, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

    2. WLC’s name and all related names, logos, product and service names, designs, images and slogans are trademarks of WLC or its affiliates or licensors. You must not use such marks without the prior written permission of WLC. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on the WLC Service are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

    3. Notwithstanding anything the contrary, Electronic Books licensed to Customers are governed by the license in Section 14.1(b) and this Section 5.3 will not apply to Electronic Books. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Our WLC Service, in any form or medium whatsoever except:

      1. Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

      2. a single copy for Your personal use only may be printed or downloaded, keeping any proprietary notices thereon, conditional on Your agreement to be bound by any applicable licence terms and conditions, and such copy may not be used for further reproduction, publication, or distribution of any kind on any medium whatsoever; and,

      3. in the event social media platforms are linked to certain content on the WLC Service, You may take such actions as the WLC Service and such third-party social media platforms permit.

    4. You are not permitted to modify copies of any materials from the WLC Service nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the WLC Service. Unless otherwise stated in Section 15, You must not access or use for any commercial purposes any part of the WLC Service or any services or materials available through the WLC Service.

    5. If You print, copy or download any part of the WLC Service in breach of these Terms of Use, Your right to use the WLC Service will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made. Any use of the WLC Service and materials not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

  6. Conditions of Use, User Submissions and Content Standards

    1. As a condition of Your access and use You agree that You may use the WLC Service, content and materials and Electronic Book(s) only for lawful purposes and in accordance with these Terms of Use.

    2. The content standards in this Section 6 apply to any and all content, Your Data, material, and information a User submits, posts, publishes, displays, or transmits but excludes Electronic Books(s) (collectively, "Submit") to the WLC Service, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.

    3. You understand and agree that You, not WLC, are fully responsible for any User Submissions You Submit or contribute, and You are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by You or any other user of the WLC Service.

    4. Without limiting the foregoing You warrant and agree that Your use of the WLC Service and any User Submissions shall not:

      1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.

      2. Include or contain any child pornography (images of persons under 18 nude or in sexual situation no matter how mild you think they are.)

      3. Include or contain Personal Information that has not been requested by WLC or any Personal Information in respect of which You have not obtained all applicable third party consents, authority and permissions, and have not made all applicable third party disclosures, in each case as required by applicable laws.

      4. Involve stalking, attempting to exploit any individual or harm minors in any way including but not limited to by exposing them to inappropriate content or otherwise or asking for Personal Information.

      5. Involve, provide or contribute any false, inaccurate or misleading information.

      6. Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms of Use.

      7. Impersonate or attempt to impersonate WLC, a WLC employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).

      8. Include engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the WLC Service, or which, as determined by Us, may harm WLC or users of the WLC Service or expose them to liability.

      9. Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

      10. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

      11. Give the impression that User Submissions originate from or are endorsed by Us or any other person or entity, if this is not the case.

  7. User Submissions and Feedback: Grant of License

    In addition to making User Submissions, You may provide reasonable feedback to WLC including, but not limited to, suitability, problem reports, suggestions and other information with respect to the WLC Service and services ("Feedback"). You hereby grant to WLC a fully paid-up, royalty-free, worldwide, assignable, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the WLC Service and/or services and any other WLC products or services, or for any other purposes, any User Submissions or Feedback provided by You.

  8. Monitoring and Enforcement, Suspension and Termination

    WLC has the right, without provision of notice to:

      1. At all times, to take such actions with respect to any User Submission or Electronic Book deemed necessary or appropriate in Our sole discretion, including without limitation, for violating these Terms of Use.

      2. Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the WLC Service. Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the WLC Service.

      3. Terminate or suspend Your access to all or part of the WLC Service for any or no reason and You agree that any termination of Your access to the WLC Service may be without prior notice, and You agree that We will not be liable to You or any third party for such termination.

      4. Enforce quotas and usage limits (if any) to any part of the WLC Service at its sole discretion, with or without notice, which may result in WLC disabling or throttling Your usage of the WLC Service for any amount of time.

    1. YOU WAIVE AND HOLD HARMLESS WLC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY WLC AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER WLC OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

    2. We have no obligation, nor any responsibility to any party to monitor the WLC Service or use, and do not and cannot undertake to review material that You or other users Submit to the WLC Service. While We make efforts to do so, We cannot ensure prompt removal of objectionable material after it has been posted and We have no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party.

  9. Termination by You

    1. To terminate Your Account, You agree that You must cancel Your Account via a support request using Bookapy.com's Contact Form using while logged into your account. Any other emails or phone requests to cancel Your Account will not be considered a cancellation.

    2. If You cancel an Account, Your cancellation will take effect immediately. Notwithstanding the foregoing, unless not permitted by law, any an all outstanding payment obligations to WLC incurred prior to Account cancellation are non-cancellable.

  10. Privacy

    1. WLC is committed to protecting Your privacy. Please refer to Our Privacy Policy for information on how We collect, use, manage and protect Your Personal Information.

  11. Your Data

    1. Except as otherwise outlined in these Terms of Use, as between WLC and You, You exclusively own all rights, title and interest in and to all Your Data, and WLC does not acquire any rights, title or ownership interest of any kind whatsoever, express or implied, in any of Your Data.

    2. You hereby irrevocably grant all such rights and permissions in or relating to Your Data: (a) to WLC, its subcontractors and its personnel as are necessary or useful for You to use the WLC Service and for WLC to perform any services; and (b) to WLC as are necessary or useful to enforce this Agreement and exercise its rights and perform its obligations hereunder.

    3. You represent and warrant to, and covenant with WLC that You will not include Personal Information in Your Data unless it is requested by WLC to provide the WLC Service under these Terms of Use. To the extent that You include any Personal Information in Your Data that is not requested by WLC, You share this Personal Information at Your own risk. You further represent and warrant to, and covenant with WLC that Your Data will only contain Personal Information in respect of which You have obtained all applicable third party consents, authority and permissions, and have made all applicable third party disclosures, in each case as required by applicable laws, regarding all collection, storage, access, use, disclosure and transmission of such information by Us and third parties consistent with these Terms of Use.

    4. Except as otherwise outlined in these Terms of Use, after termination of these Terms of Use, WLC will have no obligation to maintain or provide Your Data, and will thereafter delete or destroy all copies of Your Data in Our systems or otherwise in Our possession or control, except as required by law to maintain or in accordance with the Privacy Policy.

  12. Rights in Derivative Data

    You acknowledge and agree that the WLC Service and services may compile, store and use aggregated data and system usage, analytics and diagnostic information to monitor and improve the WLC Service and services and for the creation of new products. You hereby grant to WLC a non-exclusive, transferable, assignable, irrevocable, worldwide, perpetual license to collect, process and aggregate Your Data and other such information and data and create anonymized, aggregated data records and use such anonymized and aggregated data, and all modifications thereto and derivatives thereof ("Derivative Data") to improve the WLC Service and/or services, develop new products and services, to understand usage, and for any other business purpose. This Derivative Data is no longer associated with You and as such is not Your Data.

  13. Third Party Sites

    For Your convenience, the WLC Service may provide links or pointers to third party sites, content, resources or email content. We make no representations about any other websites, content, resources or email content that may be accessed from the WLC Service. If You choose to access any such sites, content, resources or email content You do so at Your own risk. We have no control over the contents of any such third party sites, content, resources or email content and accept no responsibility for such sites, content, resources or email content or for any loss or damage that may arise from Your use of them. You are subject to any terms and conditions of such third party sites, content, resources or email content that may apply. All statements and/or opinions expressed in any such third party site, content, resources or email content other than the content provided by WLC, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of WLC. WLC is not responsible, or liable to You or any third party, for the content or accuracy of any third party materials.

  14. Customer Specific Terms; Fees and Payment

    If You are a Customer the following additional terms and conditions will apply:

    1. As a Customer You may only use the WLC Service solely for Your personal use in accordance with these Terms of Use.

    2. As a Customer upon Your order and payment in full being accepted by WLC for a particular Electronic Book that You have ordered, You will obtain a non-exclusive, non-transferable, non-assignable, worldwide license to access, view, and display the Electronic Book(s) solely within the WLC Service and solely for Your personal use and enjoyment in compliance with these Terms of Use and applicable law for as for as long as Your Account is active. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Electronic Books on Our WLC Service, on any other platform, or by any other means.

    3. All prices are quoted and payable in United States dollars. The price charged for the Electronic Book will be the price advertised at the time the order is placed, subject to the terms of any promotions or discounts and tax that may be applicable. The price charged will be clearly stated in Your invoice.

    4. Subject to applicable law, all prices, discounts and promotions are subject to change without notice. Price increases will only apply to orders placed or renewed after the time of the increase.

    5. You agree that an order is an offer to license an Electronic Book under these Terms of Use. All orders must be accepted by Us or We will not be obligated to licence the Electronic Book to You. We may choose not to accept orders at Our sole discretion, even after We make an invoice available to You.

    6. Payment must be received by Us before Our acceptance of an order. We accept payment made by credit card only and support most major credit cards. However, We do not guarantee the availability of any payment method at any moment and We may add, remove or suspend any payment method temporarily or permanently at Our sole discretion.

    7. You represent and warrant that: (i) the credit card information You supply is true, correct and complete, (ii) You are duly authorized to use such credit card for the purchase, (iii) charges incurred by You will be honoured by Your credit card company, and (iv) You will pay charges incurred by You at the posted prices, plus all applicable Taxes. You authorize Us to charge such credit card for all purchased Electronic Books ordered until Your Account is terminated in accordance with these Terms of Use. Additional charges or Taxes may be applied by Your payment service provider, issuer bank or intermediary which are beyond Our control. You acknowledge and agree that any credit card and related billing and payment information that You provide to Us may be shared by Us with companies who work on Our behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Us and servicing Your Account.

    8. You agree that Your order is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by WLC regarding future functionality or features.

    9. Unless otherwise required by law, WLC has no obligation to provide a refund or a credit.

    10. Prices advertised do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, HST, GST, sales, value-added, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"). We will bill You for applicable Taxes as a separate line item on each invoice. You are responsible for paying all Taxes associated with Your purchases.

  15. Author Specific Terms; Fees and Payment

    If You are an Author the following additional terms and conditions apply to You:

    1. As an Author You will use the WLC Service solely for uploading Electronic Book(s) that comply with these Terms of Use (including but not limited to the Content Standards for Authors).

    2. Author understands and agrees that Author, not WLC, is fully responsible for any Electronic Book(s) uploaded, and Author is fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Electronic Book(s) submitted by Author.

    3. Author’s Electronic Book(s) shall not in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.

    4. By uploading Your Electronic Book to the WLC Service You represent, warrant and covenant that (i) You are the sole Author of the Electronic Book, or if You are a joint author of the Electronic Book, You have full authority to grant the licence and permissions to the Electronic Book under these Terms of Use, (ii) You have full authority to grant the licence and permissions to any third party content in the Electronic Book, including but not limited to citations, charts, maps and images, under these Terms of Use, (iii) You have and will not assign such rights, or pledge or encumber the foregoing rights, in a manner that would conflict with these Terms of Use, (iv) You have not or will not enter into any other agreement, that would conflict with these Terms of Use, and (v) the Electronic Book is full and complete.

    5. Author hereby grants to WLC the limited, non-exclusive right and license to digitally publish, broadcast, display, distribute, reproduce and market Electronic Book(s) and related information Author uploads (including but not limited to Author’s name, display name or biographical information, a summary of the Electronic Book and its pricing), in whole or in part, on the WLC Service and to sub-license and sell licenses to such Electronic Book(s) to Customers at a price determined by Author and on license terms further outlined in Section 14.1(b) for as long as the Electronic Book is made available via the WLC Service by Author or WLC (in each case acting in Author’s or WLC’s sole discretion). Notwithstanding anything to the contrary in the foregoing any licenses or sub-licenses sold to a Customer via the WLC Service for Author’s Electronic Book(s) as under these Terms of Use will remain in full force and effect and will survive the termination of Author’s Account and these Terms of Use.

    6. AUTHOR AGREES THAT AUTHOR IS AND WILL BE SOLELY RESPONSIBLE FOR OBTAINING AND RETAINING ALL NECESSARY AND VALID COPYRIGHT CLEARANCES, MODEL AND PROPERTY RELEASES, WAIVERS, CONSENTS AND CREDENTIALS REQUIRED UNDER APPLICABLE LAW, WORLDWIDE, IN CONNECTION WITH THE ELECTRONIC BOOK(S) THAT AUTHOR UPLOADS TO THE WLC PLATFORM. AUTHOR WILL MAINTAIN COMPLETE AND ACCURATE RECORDS AND WILL PROVIDE SUCH TO WLC UPON REQUEST. AUTHOR WILL PERMIT WLC TO PROVIDE SAME TO THIRD PARTIES IF REQUIRED TO DO SO UNDER APPLICABLE LAW.

    7. To remove Your Electronic Book from public offering on the WLC Service, You agree that You will submit a request to Site Management while logged into your account and WLC will remove the Electronic Book from public offering as soon as reasonably possible. Any other emails or phone requests to remove Your Electronic Book will not be considered.

    8. We shall pay Author pursuant to the terms of these Terms of Use in the amount equal to the Net Revenue received by Us during the previous month from Customers for Author’s Electronic Book(s) minus the Author Fee ("Author Payment").

    9. Author agrees that Author will not take any action to circumvent or otherwise avoid Author Fees. We will use commercially reasonable efforts to pay Author the amount of any Author Payments due on the following payment schedule dates each year: 15th of January, 15th of April, 15th of July, 15th of October after We receive payment in full from the Customer provided that the total unpaid Author Payments equal or exceed twenty (20) United States dollars. Unless required by law, no interest will accrue or will be paid on Author Payments pending or due. A statement of Author Payment due and paid will be made available to Author on a quarterly basis. Unless otherwise mutually agreed with WLC in writing, Author Payments will normally be made via PayPal. Payment can also be sent as a cheque by mail. Fee for payment by cheque is 4% + $5. The Author is required to keep Author’s payment information accurate and up to date.

    10. We will not remit any Author Payment to an Author, or make an Author’s Electronic Book(s) available through the WLC Service, until Author has completed all aspects of the Author registration process, including Tax Registrations. Author further agrees to update Your Tax Registration and other registration information with Us and whenever there is a change in an Author’s individual circumstances that could impact the taxation or delivery of the Author Payment (i.e. changes of address, banking information with the payment processing vendor, contact information, etc.). Author acknowledge that its Tax Registrations may expire from time to time and, when Author agrees to promptly update such Tax Registrations. Moreover, Author agrees to permit Us to place Author Payments on ‘hold’ status at such time that Author’s Tax Registrations expire or in the event that We become aware that the information in Author’s Tax Registrations or payment details is incorrect.

    11. Author acknowledges that We will deduct from the Author Payment all taxes where We have a legal obligation to do so, including withholding tax on international royalty payments, back-up withholding and any other tax levied on the recipient of royalties, but required to be administered by the payer (hereinafter referred to as "Withholding Tax>").

    12. Author Payments will be Author’s sole compensation for the licensing, display, provisioning or use of any Electronic Book(s) made available by Author on the WLC Service. Author acknowledges and agrees that WLC and its affiliates obligations hereunder, including, without limitation, to calculate and to make Author Payments to Author, are and will be general unsecured obligations only, and that You will have no beneficial interest in or to the whole or any part of fees charged to and received from Customers. Author understands that Author and WLC stand in an ordinary contract relationship only, and not in any agency, confidential, fiduciary relationship. Neither WLC nor its affiliates will collect or hold any part of such payments or fees in trust for Your benefit, and do not undertake to act on Author’s behalf or for Author’s benefit in any agency, fiduciary capacity, whatsoever.

    13. Author will not receive compensation and no Author Payment will be due to Author for the use or reference in full or part of Author’s Electronic Book(s), Author’s name or display name, or Author’s biographical information, for the purpose of promoting the WLC Service, Affiliated Sites, or for the indirect revenues received by WLC from sponsors or advertisers (including their banner ads) who may advertise, appear or participate in the WLCs Service of WLC’s online environments. Additionally, the rights granted herein will include the right to use Author’s Electronic Book(s) as necessary to test or evaluate any technologies, systems, or processes that WLC or Our affiliates, representatives, or contractors may use to fulfill Our obligations and exercise any rights granted under these Terms of Use.

    14. Payment to Author is calculated and made in United States dollars. WLC is not responsible for currency exchange rates, currency rate fluctuations, or any processing fees charged by Our or Your payment processors, including PayPal.

    15. WLC retains the right to reasonably hold-back and adjust the Author Payment where Author does not provide the Electronic Book(s) in compliance with these Terms of Use.

    16. If an overpayment has been made or a Customer is provided with a refund (as determined by WLC in its sole discretion) in relation to Author’s Electronic Book(s), We will have the right to deduct such an amount from future Author Payments or We may request immediate reimbursement by Author for the amount overpaid to Author or refunded by Us to Customer in relation to Author’s Electronic Book(s).

    17. Author understands, acknowledges and agrees that the Customers governed by these Terms of Use are entitled to rely upon all rights, representations, warranties and covenants made by Author and are intended third party beneficiaries in relation to same.

    18. To the maximum extent permitted by applicable law, Author agrees to defend, indemnify, and hold harmless WLC, its affiliates, licensee's and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Electronic Book(s).

  16. Open-Source Licenses

    Notwithstanding anything to the contrary in this Agreement, the WLC Service may include Open-Source Components. Any use of the Open-Source Components by You shall be governed by, and subject to, the terms and conditions of the relevant open-source license(s).

  17. Export Regulation

    The WLC Service may be subject to Canadian export control laws. You shall not, directly or indirectly, export, re-export or release the WLC Service to, or make the WLC Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), before exporting, re-exporting, releasing or otherwise making or using the WLC Service available outside Canada.

  18. Geographic Restrictions

    The owner of the WLC Service is based in Toronto, Canada. The WLC Service is not intended for use in any jurisdiction where its use is not permitted. If You access the WLC Service from a jurisdiction that is not permitted, You do so at Your own risk and You are responsible for compliance with local laws of Your jurisdiction.

  19. Disclaimer of Warranties

    1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WLC SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WLC SERVICE IS AT YOUR OWN RISK. THE WLC SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WLC SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    2. NEITHER WLC NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WLC SERVICE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WLC NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WLC SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WLC SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WLC SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    3. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WLC SERVICE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WLC SERVICE AND YOUR COMPUTER, INTERNET AND DATA SECURITY AND MEETING ANY MINIMUM REQUIREMENTS TO USE THE WLC SERVICE. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL-BOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WLC SERVICE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WLC SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WLC SERVICE LINKED TO IT.

  20. Limitation on Liability

    1. UNDER NO CIRCUMSTANCE WILL WLC, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WLC SERVICE, ANY LINKED SITE OR SUCH OTHER THIRD PARTY SITE, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

    2. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF WLC, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100 US). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL OUR THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

  21. Indemnification

    To the maximum extent permitted by applicable law, You agree to defend, indemnify, and hold harmless WLC, its affiliates, licensee's and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) Your breach of this Terms of Use; (ii) Your use of the WLC Service, including, but not limited to, Your Submissions, third party sites, any use of the WLC Service's content, services, and products other than as expressly authorized in this Agreement; (iii) any third party liability related to Your Data or misrepresentation, criminal behaviour or negligence on the part of You; (iv) any actual or alleged infringement, violation or misappropriation of the rights of any person (including intellectual property, rights of publicity or privacy rights) as a result of Your use of the WLC Service (or any part thereof including but not limited to Electronic Book(s)) contrary to the terms of this Terms of Use. You will fully cooperate with WLC in the defense of any claim defended by You pursuant to its indemnification obligations under this Agreement and will not settle any such claim without the prior written consent of WLC.

  22. Governing Law

    1. The WLC Service and these Terms of Use will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding Your domicile, residence or physical location.

    2. Any action or proceeding arising out of or relating to the WLC Service or these Terms of Use will be instituted in the courts of the province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over You by such courts and to the venue of such courts.

  23. Waiver

    No waiver under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the party or individual who is the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

  24. Severability

    If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

  25. Entire Agreement

    The Terms of Use and all terms incorporated by reference herein constitute the sole and entire agreement between You and WLC regarding the WLC Service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

  26. Reporting Contact and Copyright Infringement

    The WLC Service is operated by:

    World Literature Company, Inc
    P.O. Box 44036
    541 Montreal Road
    OTTAWA, ON
    K1K 2N0
    Canada

    All other feedback, comments, reports of misuse, requests for technical support, and other communications relating to the WLC Service should be directed to Management Contact.

    WLC take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that are made in accordance with Our Copyright Policy.

  27. Assignment

    You will not assign this Agreement to any third party without WLC's prior written consent. WLC may assign this Agreement or any rights under this Agreement to any third party without Your consent. Any assignment in violation of this Section 27 will be void. The Terms of this Agreement will be binding upon permitted assignees. This Agreement will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

  28. Force Majeure

    We shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond Our reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

  29. Survival

    The Sections that by their context should survive the termination of this Agreement will survive including but not limited to Sections 2 and 5 through 29.


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