TERMS AND CONDITIONS OF SERVICE

VLM Press Self-Publishing Services Agreement

PUBLICATION DATE: 30 NOVEMBER 2018 – UPDATED: 16/03/2022

VLM Press, LLC, ("us", “us” or “our”) respects your privacy and values ​​the relationship we have with you. These Self-Publishing Services Terms and Conditions together with our Privacy Policy, describe the terms and conditions of the services offered by VLM Press to writers and the types of information we may collect from you, how we use information, who we share it with and the choices available to you regarding our use of the information. We also describe the measures we take to protect the security of information and how users of this site and our customers can contact us about our privacy practices.

By hiring VLM Press to edit, print, publish and/or sell your book, flyer, graphic art and/or other services offered in the “Services” section, Do you agree that you read, you understand and accept all Self-Publishing Services Terms and Conditions and agree to the terms outlined in our Self-Publishing Services Agreement.

Click on one of the links below to read the section listed:

Service provision and self-publishing contract

Self-Publishing Services Agreement

This Self-Publishing Services Agreement (o “Contract”) is made between and with VLM Press, LLC, a Florida Limited Liability Company (USA), with office located in 1130 S Powerline Rd, suite 101, Deerfield Beach, FL 33442 (“Nos”, “Us” or “Our”) and the individual author mentioned below (“You”, “Your”).

When you hire us to provide certain creative services, Publication, marketing, distribution and promotional (os “Services“), with the aim of publishing, sell and/or distribute a book, printed, digital, video and/or audio format (o “Work”) described in the section “Services“on our website. The specific services purchased by you during the term of this Agreement will be set forth in one or more “Service orders” separate, each of which will be subject to the provisions of this Agreement.

In consideration of the mutual promises and agreements set forth in this Agreement, You and Us (“The parts”) agree to the following:

Section 1: Deadlines; General principles

1.1 Term. This Agreement will come into effect from the date it is first signed by You, either electronically or manually (“Effective Date”), until terminated in accordance with Sec. 8 (Termination and Refunds) (o “Term”). Certain provisions will survive termination of this Agreement, as set forth in Sec. 14.11 (Survival of certain provisions).

1.2 Terms and Conditions; Applicability. The provisions of this Agreement also include the terms, additional conditions and policies that we implement from time to time, including, but not limited to, our Privacy Policy, Legal warning, Content Guidelines, submission and approval forms and the terms of use that govern your use of Our website, www.VLMPress.com (o “Site“) and the “Author Center” (collectively, “Terms and Conditions“), which are incorporated by reference and formed part of it. This Agreement and the Terms and Conditions govern the use and fulfillment of Your initial and subsequent Service Orders, as well as the provision of Services, additional services you authorize, but which may not be included in a Service Order (“Additional Services”). The Services we offer you free of charge, if there is, and acts incidental to the performance of our responsibilities under this Agreement, the Service Orders or applicable laws.

1.3 Changes; Early warning. We may modify this Agreement or the Terms and Conditions at our sole discretion at any time (Change). We will notify you of any changes, by posting on our website or sending you notice by regular mail or email to the addresses you have provided to us (collectively Notification). You are responsible for regularly reviewing our “Site for Notification” of any amendments. Changes will be effective upon notice to you and one or more of the following: (a) Your continued use of the website; (b) Your acceptance of the Services; or (c) Your acceptance of royalty payments, as described in Sect. 7 (“Royalties”). If you object to any change that materially affects the services you have purchased, you may terminate this agreement in accordance with section 8.

1.4 Discontinuation or change in purchased services. If our ability to perform the Services becomes impractical, illegal or impossible, at our reasonable discretion, We may change or discontinue providing any individual Service or group of Services (Package) included in any Service Order, Without previous warning. If You object to any change to a Service or Service is discontinued, you will be able to replace new Services (until the price of the Service is changed or discontinued), request a Refund for that Service or terminate this Agreement in accordance with Sec. 8.

Section 2: The services

2.1 Payment Precedes Fulfillment. We are not obligated to perform the Services set forth in each Service Order until your full payment for such Services has been received. We may choose to provide certain services before receiving your full payment; however, We have no obligation to do so.

2.2 Costs for additional work. Upon your request, we can provide Additional Services, which may include, but are not limited to marketing or publishing services. Additional Services will result in additional charges to the applicable prices ​​for such Additional Services in effect at the time they are requested, which may not be the same as the prices at the time you sign this Agreement.

2.3 Content of the Service Order. Each Service Order confirmation will include the following information, if applicable: (a) a list of individual Services and / or Package purchased pursuant to such Service Order; (b) applicable prices and fees ​​to individual Services or Packages purchased pursuant to such Service Order (“Fees”); e (c) any applicable Terms and Conditions ​​to the Services to be provided in accordance with such Service Order.

2.4 Service Time. We will use commercially reasonable efforts ​​to deliver Services in a timely manner; however, We cannot guarantee that we can provide any service for any desired time frame, as there may be circumstances beyond our control.

Section 3: Your general obligations

3.1 Initial Obligations. Before we are required to perform any services, you must fill in the following:

    1. Agreement signed. You will sign, will date and return this Agreement, electronically, through our electronic signature program or by manually signing a printed copy of the document, sending it by email.
    2. Order Confirmation When you receive a copy of your Service Order, whether electronic or printed, you will confirm that the individual Services or Packages listed on the Service Order, as well as the Fees, are accurate and complete. IF YOU DO NOT NOTIFY ANY ALLEGED INACCURACIES IN THE WORK ORDER WITHIN (10) RECEIPT DAYS, YOU WILL BE DEEMED TO HAVE IRREVOCABLY ACKNOWLEDGED THE ACCURACY OF THE SERVICE ORDER.
    3. Form of payment. You must pay in full all amounts due, as set forth in the initial Service Order or any subsequent Service Order, in the manner and by the payment methods accepted by us at the time payment is due.

3.2 Cooperation and Civility. It is your responsibility to cooperate with us in all matters relating to the provision of services or additional services. If performance of any obligation is avoided or delayed by any act or omission by You or Your (s) agent (s), we will not be responsible for any costs, charges or losses directly or indirectly suffered or incurred by you. You must communicate with us and our employees and representatives, agent representatives, partners, affiliated or related entities, graduates, successors and assigns (collectively, "Our Affiliates“) or editors, agencies, suppliers, retailers, distribution channels, and suppliers we contract with (collectively, "Ours Contractors“) in a civil manner at all times.

Section 4: Your publishing obligations

4.1 General Terms. Depending on the Services You purchased, You may be asked to review, approve and / or modify various aspects of Your Work during the publishing process, including, but not limited to, cover appearance or content, illustrations, inside of the book (referred to as “Galley”), editorial content and / or the Suggested Retail Price of Your Work, as defined in Sec. 6 (Distribution). PLEASE NOTE THAT THE SUGGESTED RETAIL PRICE IS NOT NECESSARILY THE PRICE OF YOUR WORK TO THE END CUSTOMER, WHAT IS DEFINED BY THE RESELLER.

4.2 Manuscript submission. Before we begin performing the Services, you must send us: (a) a fully completed Title Submission Form or other forms requested by us; (b) a copy of the text of your manuscript; (c) graphics or other materials you want to incorporate into your work; e (d) any other necessary materials requested to enable us to fulfill the Service Order (the items (a) a (d) constitute your “Manuscript”, which refers to all text and materials you send to us, in their original forms).

You must submit your manuscript in one of the acceptable formats listed on our website at the time of submission. You can submit your Manuscript in one of the following ways: (a) via email to your designated Check-in Coordinator; (b) through the site; or (c) per disk or flash drive shipped in a single package via courier or U.S. mail to:

VLM Press

1130 S Powerline Rd, Suite 103

Deerfield Beach, FL 33442.

You will make and keep a copy of “Your Manuscript” before sending it to us. We are not responsible in any way for loss or damage to “Your Manuscript” while in transit or while in our possession.. We are not obliged:

  1. To return to you, at any time or for any reason, “Your Manuscript” or any other submitted material or production files;
  2. To preserve your manuscript or such submitted materials.

4.3 Compliance with content guidelines. You are responsible for ensuring that “Your Manuscript” complies with our Content Guidelines, as set out on the Site, including, but not limited to, content-related restrictions, interior design and cover design. We will perform a content assessment on your manuscript to assess compliance with our content guidelines. If we determine that your manuscript does not comply with our content guidelines, we will request a review of the manuscript so that it is complied with. If you do not wish to make the necessary revisions to comply with our Content Guidelines, You or We may terminate this Agreement in accordance with Sec. 8. Content assessment is for internal use only; You may not rely on the results of content evaluation for any purpose. If we determine, at our discretion, that a complaint about the content of your work may not be promptly resolved, regardless of our assessment of the merits of the complaint, We may permanently or indefinitely discontinue publishing your work.

4.4 Publishing Services. Unless you purchased the editing service pursuant to a work order, We will not edit your manuscript when preparing the final work. If you purchase editing services pursuant to a work order, you will retain final approval with respect to all suggested editing changes proposed by us.

4.5 Approval and signature. We will provide you with a copy of your completed work for your thorough review prior to publication. Se, after review, you are satisfied with every aspect of your work and its accuracy, complete and in accordance with your objectives, and accept the suggested retail price, you will sign the following forms indicating your approval and return them to us in a timely manner: (a) the Prototype Authorization Form; e (b) the Cover Signature Form. You are deemed to have given final approval of your work and the suggested retail price from the date we receive the last of the above forms signed by you (Final approval). After final approval, you waive any and all claims against us or our affiliates, or our contractors, arising out of or related to any alleged errors, omissions or other content or pricing issues discovered in your work after final approval. You are responsible for the Costs arising from any subsequent changes, corrections or other Services, including Additional Services, requested by you after Final Approval.

4.6 Copyright and title registration. If purchased by You as part of Your individual Services or included in Your Package, we will include a copyright notice with each copy of the Work and / or we will guarantee an International Standard Catalog Number (ISBN) exclusive to each version of the Work, as requested by you. Although you can use your Manuscript at any time, You may not use the version of the Work that was created or formatted by Us, at any stage of development or completed Work, or ISBN e / or coverage with any other provider of similar Services at any time during the Term.

4.7 Rights to Manuscript and Work. Beyond Your Manuscript (as defined in Sec. 4.2), Your Finished Work may also include content that We, Our employees, Our Affiliates or Our Contractors create as part of the Services We Offer (Our Work Product) e / or content belonging to third parties (Third Party Property) that we license or you license or that you have permission to include in Your Work. Subject to the following paragraphs, you will remain the sole and exclusive owner of all rights, titles and interests relating to your manuscript. We will have no right or license to use Your Manuscript, except as permitted herein with respect to development of the resulting work in printed form, digital, video or audio.

4.8 Third-party property provided by you. If you provide us with a third-party property to include in your work, like images or fonts, you must also provide proof that you have all necessary permissions to use that third-party property. If your use of Third Party Property is subject to any restrictions (as a limit on the number of reproductions of an image), you are responsible for ensuring that you comply with these restrictions.

4.9 Transfer after termination. Within ninety (90) days after the effective date of Your Termination, in a manner permitted by this Agreement, You may submit a written request, and We will deliver it to You within twenty-one (21) business days after receipt of the request (s) file (s) electronic (s) of the Work, with all references to ISBN, LCCN, Our printing logos, Our print names, Our trademarks, the barcode or other copyrighted materials removed. PLEASE, PLEASE NOTE THAT THIRD PARTY PROPERTY CAN ONLY BE USED IN THE VERSION OF THE WORK (IN ANY FORMAT) WHAT IS SCREAMING, AND MAY NOT BE REMOVED OR USED IN ANY OTHER VERSIONS OF THE WORK OR OTHER PRODUCTS OR MATERIALS, DURING THE TERM OF THIS AGREEMENT OR AFTER TERMINATION. To the extent your work incorporates third-party property that we have licensed and you wish to use the third-party property in a different version of your work, you must obtain a license from the intellectual property rights holder of such third party property.

4.10 Freight. Any order you place, for copies of the Work, including copies of Your Work included in individual Packages or Services purchased (Book Order), will be delivered within a reasonable time after receipt of full payment for the Reservation Order. You must pay all applicable shipping and handling fees associated with your Book Order, as set out on Our Site at the time the Book Order is placed.

Section 5: Right of publicity and license to use

5.1 Right of Advertising and License of Use. For the purpose of promoting you, your job, us, our affiliates or our contractors, you grant to us, our affiliates and our contractors the worldwide rights and licenses to display, reproduce, Scanning, Modify, license and use the following, and all materials created by Us or on Our behalf that incorporate any of the following, in any format now or hereafter known (including printing, audio, video, electronic and digital) and in all media now or in the future (including all digital media, audio, video and print):

  1. Information About You, including, but not limited to, Your name, image , resemblance, appearance, voice, personal and biographical information, signature and other personal characteristics and any private information you provide to us (“right of publicity”), or exclusively your pseudonym if you choose;
  2. Information relating to the Work, including the title of the Work, Your description of the Work, excerpts and images from the Work (in an extent and duration and manner to be determined, at our discretion), and other information about the Work; Work (will be “License to Use”). Notwithstanding the granting of the Right of Publicity or License to Use Your Work, Our only obligation with respect to your use of the Work or the Right to Publicity is to fulfill the Services purchased by you.

5.2 Waiver of Advertising Claims. To the maximum extent permitted by applicable laws, You release, resignation, cease and agree not to sue us, our Affiliates and our Contractors and their respective owners, members, executives, directors, employees, agents and representatives (collectively, “Exempt“) of all responsibility to You, Your personal representatives, assignees, heirs and relatives for any loss, damage or expenses, and any claims, demands or actions arising from or related to, directly or indirectly Our right of publicity, including, but not limited to, copyright or trademark infringement claims, violation of moral rights, defamation, invasion of privacy rights, publicity rights, intrusion, false light, public disclosure of private facts, physical or emotional injuries, or distress or any similar claim or cause of action in tort, contract or any other legal theory (collectively “Advertising claims“), known or hereafter known in any jurisdiction throughout the world. For purposes of this Agreement, “Actions” includes any dispute, legal action or administrative proceeding, government or other, including, but not limited to government investigations, queries, hearings and other requests, or any appeal.

5.3 Copies, Free Excerpts and Previews. You grant us, our affiliates and our contractors, the right to send free copies of the work to members of the media, including, but not limited to publishers, university newspapers, bloggers, teachers, television, Internet and radio commentators, and other potential book reviewers, at our sole discretion. You are not entitled to receive copyright royalties on free copies of your work. You acknowledge and authorize Us, Our Affiliates and Our Contractors determine whether and to what extent to make excerpts or previews of Your Work available for viewing, No Copyright for You, on websites or through other media, including websites of certain retailers like Amazon, Google e Apple, to the extent that we are under contract with them at the time. Occasionally, These excerpts may comprise entire chapters or may even exceed 25 (twenty-five) pages. You acknowledge and agree that, although we will notify our network to stop publishing your work upon termination, some previews may remain in perpetuity, even beyond termination. We will not be liable to you for copyright infringement, or in any other way, because a contractor failed to remove an excerpt or preview of their work.

Section 6: Distribution

6.1 General Terms. After final approval of your work, if applicable, We will make the work available through the distribution channels with which we have a contract, including, between others, physical distribution channels, online and electronic, as wholesalers, bookstores, traditional retailers and online retailers. (Distribution Channels), in accordance with the Services purchased by you. We do not guarantee that any particular Distribution Channel will offer Your Work for sale, as this is the sole responsibility of the Distribution Channels. Furthermore, we do not guarantee that we will use, or we will continue to use, any Distribution Channel, retailer, particular e-retailer or website, as we maintain the right to modify or cancel our contracts with our contractors at any time. You grant Us the right to compile and use statistical information about sales of the Work.

6.2 Distribution License Granted. Throughout the Term of this Agreement, you grant us the exclusive, transferable, worldwide license to manufacture, store, to use, display, to execute, reproduce (in whole or in part), to transmit, Modify (including to create derivative works), matter, to do, to offer, sell, post, sublicense, distribute and sell (individually or as part of compilations of collective works) and license for use through any subscription model or loan model, through all distribution channels now or in the known future, in any language and, in digital audio or video format, or through any other means, now known or hereafter conceived, the work.

6.3 Leave During Post-Termination Transition. We are obliged, after termination of this Agreement, to notify and require all third-party retailers and contractors (like Amazon, Google e Apple) cease production, selling and distributing new copies of your work not previously published by us. We cannot control the actions or inactions of these retailers and contractors. We will not be responsible ​​before you for copyright infringement, or in any other way, for the failure of a retailer or contractor to cease production, selling and distributing your work. During this transition period after the end, for a period of ninety (90) days after termination of this Agreement, you grant to us, the worldwide license non-exclusive, to make, store, to use, display, to execute, copy, reproduce (in whole or in part), host, to transmit, offer to print, post, market, distribute and sell (individually or as part of compilations of collective works) and license for use through any subscription model or loan model , through existing Distribution Channels and existing formats, Your job. We will continue to pay you Author Royalties in accordance with Sec. 7 (Royalties) for any sales made by us or our contractors after the termination of this contract.

6.4 Storage and Hosting. You grant to Us, Our Affiliates and Our Contractors have the rights to store, host, to transmit, copy, reproduce, use and distribute tangible and electronic copies of the Manuscript and Work, in whole or in part, in any format now or hereafter known, and use any hardware, software, digital or electronic application and technologies, current or known in the future, as deemed necessary or appropriate by Us to exercise the licenses and rights granted to Us and to perform Our obligations under this Agreement and service orders.

6.5 Digital Rights Management. You grant us the exclusive right to determine whether or not to use digital rights management technology (DRM) About work.

6.6 Suggested retail price. We will determine the price at which we will sell the various formats of your work across distribution channels (“Suggested retail price”). Our pricing may be influenced by a variety of factors at our discretion., including, but not limited to the duration of your work, selected dimensions and binding options, color selection and printed and related costs. If you purchased the “Set your own price” option, if available, You will be responsible for accepting our suggested retail price or setting a different suggested retail price for each format of the work, as long as the final suggested price is within the limitations we set. After defining the Suggested Retail Price, We reserve the exclusive right to modify the Suggested Retail Price for the Work, if production costs change or market conditions justify it. You must approve any change to the List Price Change before it takes effect. If you do not approve the list price change or we are unable to contact you to obtain your approval, affected formats of the work may be removed from distribution until your approval can be obtained. PLEASE NOTE THAT THE SUGGESTED RETAIL PRICE IS NOT NECESSARILY THE PRICE OF YOUR WORK TO THE END CUSTOMER, WHAT IS DEFINED BY THE RESELLER.

6.7 Contractor failure to update work. For a Distribution Job, You agree that we are not responsible ​​for the failure of any Contractor to update the Work after We, or Our agent, you have given notice to the Contractor that the Work has been updated and must be replaced with a more current version of the Work If you discover such a failure, you will notify us, specifying the Employer or retailer and the alleged failure to update Your Work. Our only responsibility, upon receipt of such notification, shall notify the Contractor within thirty (30) days after receipt of such notification, as applicable.

Section 7: Royalties

7.1 Royalties. Until the date of signing this contract, We do not offer exclusive distribution services, Therefore, the author is the sole and legitimate owner of the copyright of his work.

When we offer distribution services, Royalties will be paid as described in the Distribution Agreement (Addendum to the publishing contract) which must be signed separately. Royalties will be paid to you based on the initial sales of your work (Qualified sales) during each calendar quarter (Autor Royalties). Sales of used copies of your work, sales of your work to yourself and copies of your work provided to any person or entity free of charge are not qualifying sales and do not generate author royalties. Sales made through our distribution channels (online on our website – online store or at exhibitions, fairs, events, etc.) The author's royalties will be calculated as follows:

  1. Print / Audio.
  • For each Qualifying Sale of your Work in print or audio format through one of our Distribution Channels, You receive (70%) seventy percent of the Suggested Retail Price minus credit card processing costs, taxes, shipping and processing costs;
  • For each Qualified Sale of your Work in print or audio format directly through the online bookstores we operate on our website (“Our Bookstores”), you will receive seventy (70%) of the Suggested Retail Price minus credit card processing costs, taxes, shipping and processing costs.
  1. Digital. For each qualified sale of your work in a format, either through one of our Distribution Channels or directly through Our Bookstores, you will receive fifty percent (50%) of the Received Digital Network, minus the returns, of the Employment Income received by us attributable to your work less credit card processing costs, taxes, online storage and processing fees. Digital Network Received equals Suggested Retail Price minus promotional discounts, distribution discounts and sales taxes.
  2. Other ways. Depending on the Distribution Channels available with the Services You contract, Your Work may also be distributed in one or more of the following models: (i) divided with only some parts of the Work sold; (ii) Combined, in whole or in part, with other works and sold as part of a package; (iii) combined, in whole or in part, with other works and sold as part of a subscription service; or (iv) combined, in whole or in part, and sold as part of a loan service (collectively referred to as “Other Forms”). For transactions involving “Other Ways” of his work, revenue can be generated as a share of advertising revenue, a fraction of the suggested retail price, subscription revenue, loan income or other forms of income (Job Revenue). For each Qualified Sale of Other Forms of Your Work, You receive 70% (seventy per cent) of the Work Revenue received by us attributable to your work less shipping costs, credit card processing, taxes, shipping and processing costs (shipping and hanling).

7.2 Author Royalties Payment Deadline. Qualifying sales and author royalties will be calculated on a calendar quarter basis. Payment of royalties from the author (“Royalties“), if there is, will be issued as follows: (a) first trimester (for qualified sales from January to March) – payment of royalties issued by 31 of May; (b) Second trimester (for qualified sales from April to June) – Payment of royalties issued by 31 of August; (c) Third quarter (for qualified sales from July to September) – Payment of royalties issued in 30 from November; e (d) fourth quarter (for qualified sales from October to December) – payment of royalties issued in 28 February of the following year. The time of actual receipt of the Royalty Payment by You may occur after the dates set out above, due to a variety of factors, including, but not limited to mail transit time. Furthermore, we are not responsible for the inability or failure of our banks to process electronic funds transfers (EFT) or electronic transfers, if available, in a timely manner, which may delay the issuance and/or receipt of royalty payments.

If Author Royalties earned in any calendar quarter exceed seventy-five dollars (US $ 75), Royalty Payment will be issued according to the above schedule. With the exception of royalty payments made by EFT, if royalties earned in any calendar quarter are equal to or less than seventy-five dollars (US $ 75), the quarter's author royalties will be carried forward and added to the subsequent quarterly royalty payment (Cumulative Author Royalties). Until Cumulative Author Royalties exceed seventy-five dollars (US $ 75), Each quarter's Author Royalties will be carried over and added to the Cumulative Author Royalties. Whether or not they are more than seventy-five dollars (US $ 75), royalty payment for author royalties accrued for each calendar year will be issued to you by the day 28 February of the following year. The royalty payments to which you are entitled will be reduced by any outstanding amounts you owe us and/or are subject to garnishment. We reserve the right to withhold royalty payments (1) if you receive royalty payments by check and your royalty payment is returned because the mailing address you provided to us is no longer accurate; or (2) if you receive royalty payments electronically and your royalty payment is rejected because the banking information you provided to us is no longer valid. We will continue to retain your copyright royalties until you provide us with correct address and bank account information. After you update your information, we will issue a royalty payment of your Cumulative Author Royalties in the next quarter according to the schedule above.

7.3 Tax Withholding and Taxpayer Identification Number. Author Royalties may be subject to applicable tax requirements. To determine the appropriate amount of retention, if there is, You will provide Us with all necessary information and documentation requested by Us to comply with tax requirements, including the Taxpayer Identification Number (TIN), as applicable. If you do not provide us with the correct documentation and information, We will withhold from your royalty payments amounts that must be withheld in accordance with the tax code or other government laws and regulations, and we will remit these amounts to the appropriate government agency. You do not have the right to request reimbursement from Us for such retentions.

7.4 Post-termination royalties. After Termination, subject to the exclusions set out in this Agreement, we will continue to pay you the Author Royalties earned on Qualifying Sales, made before or after Termination, in the form and value established in this agreement.

Section 8: Termination and refund

8.1 Termination. Either Party may terminate this Agreement at any time, with or without justification, upon prior written notice of thirty (30) days to the other Party. Upon termination of this Agreement, you will remain responsible for paying the balance due for any outstanding Service Order, Additional Services or other fees, subject to the Refund provisions below. We may terminate this Agreement immediately and without notice for the following reasons: (a) Our determination that affiliation with You or the Work has or may subject Us, Our Affiliates or Our Contractors to public disapproval; (b) upon receipt of a formal or informal allegation, complaint, demand or Action in any form made by a third party related to You or Your Work; or (c) upon receipt of notice from the government or other person or entity that Your Qualifying Sales Copyright in the Work is subject to review, investigation, Action or attachment.

8.2 Refunds. Subject to the exception in Sec. 8.3 below, after the end of the Contract, we will refund amounts paid by You for individual Publishing Packages or Services (Reimbursement) this way:

  1. Publishing Packages. The potential Refund for a Publishing Package is exclusive of the amount paid for such Publishing Package, as established in the (s) Order (s) of service, and will be calculated as follows:
  • Before submitting the Manuscript: 100%, minus a non-refundable processing fee of $ 150 (USD)
  • After (i) above, but before interior design work begins: 50%
  • After (ii) but before final approval 25%
  • After final approval there will be no refund
  1. Services not included in publishing packages. We will refund you the full amount paid for individual Services not included in a Publishing Package, or Additional Services, that we have not complied with or have begun to comply with, or which we cannot perform on the effective date of Termination. If we have fulfilled or started fulfilling a Service or Additional Service, No Refund for such Service or Additional Service will be owed to You.
  2. If You terminate this Agreement more than 6 (six) months after the Effective Date, you will not be entitled to a refund as 8.2 (a) or 8.2 (b).

8.3 Termination for non-compliance with Content Guidelines. You or we have the right to terminate this Agreement, under Sec. 4.4, if Your Work does not meet our Content Guidelines. Se, after our initial review of your manuscript, we terminate this agreement due to non-compliance with the Content Guidelines, we will refund the amounts paid for the Publication Package and / or individual services, minus a fee of one hundred and fifty dollars (US $ 150), which will be assessed as Our fee for reviewing the Manuscript for compliance with our Content Guidelines (Content Assessment Fee). If your Work fails to meet the Content Guidelines at any time after we complete the initial review of Your Manuscript, your refund will be calculated in accordance with Sec. 8.2. If You terminate this Agreement more than 6 (six) months after the Effective Date, you will not be entitled to a refund under this section 8.3.

8.4 Our duties upon termination. within five (5) days after termination of this contract, we will cease our promotion, selling and distributing your work. Furthermore, we will provide notice within thirty (30) days through our normal channels established to notify our Affiliates, Contractors, Distribution Channels and other parties to discontinue sales, printing and distributing your work. You acknowledge that we are not responsible for the failure or delay of any of our contractors, or any other third party, to remove a print job, sale, Publication, distribution or promotion, once we send a notification through normal channels. You release Us and Our affiliates, and waive any claims against Us or Our affiliates, resulting from printing failure, retailers or distributors in removing your work in a timely manner, as published by us, of printing, sale, publishing or distributing your work. Your sole remedy against us or our affiliates, resulting from printing, sale, Publication, distribution, promotion, marketing or other use of the Work after termination of this Agreement, is the payment of royalties earned on qualified sales of such Work, as defined further in Sect. 7.4 (Post-Termination Royalties).

8.5 Our rights upon termination. After the end, Our licenses for the work and Your publicity rights will survive, as set forth in Sec. 5.1 (Right of publicity and license to use) e 6.3 (end of the transition period). You will retain the rights to the Manuscript, but not the final work, except to the extent of any license granted to You under Sec. 4.9. You are not prevented by this Agreement from publishing Your original Manuscript at your own discretion and risk.

8.6 Refund Deadline; Non-refundable fees. We will make reasonable efforts to process any Refund due within thirty-five (35) days after the date of Termination, in the absence of any extenuating circumstances or disagreement regarding the applicability or amount of Refund. We may issue the refund to you via the same payment mechanism with which you paid us or, if this payment mechanism (like the original credit card) is no longer available, any other mechanism we choose, at our discretion. We will not be required to refund any non-refundable fees, such as the install fee or the content evaluation fee, regardless of the circumstance that caused the termination of the applicable work order or this agreement.

Section 9: Representations and warranties

9.1 Intellectual Property Rights. You represent and warrant the following: (a) You are the sole author or sole owner of all copyrights in the Manuscript (which includes all the content of the same); e (b) You are the owner or You have obtained written permission to use the copyrights and/or trademarks in any coverage, internal graphics, images or fonts associated in the Manuscript or otherwise provided by You. If you have secured permission from a third party to use third party copyrighted or trademarked property, must provide us with evidence of such permission, as well as any third party credits required, upon presentation of the Manuscript.

9.2 Co-authored work. You represent and warrant that the Manuscript is not co-authored. You are and will be solely responsible for the calculation and payment to any contributors to the Work of any portion of the Author Royalties owed to them, in accordance with any separate agreement you may have with them.

9.3 Your Responsibility for Content and Accuracy. You represent and warrant that the Manuscript and Work, in whole or in part, no: (a) infringe copyright or other intellectual property rights; (b) violate any right to privacy, advertising or any other personal or proprietary right; (c) contain any defamatory matter or material contrary to the law; (d) contain a recipe, formula or instruction that could be harmful to the user; or (e) contains any information considered private under applicable law, including, but not limited to, the social security or social security number, date of birth or private financial information of any person or entity. You further represent and warrant that all statements asserted as fact are based on your careful investigation and research for accuracy.; is that, from the Effective Date, there was not previously, and are not now pending or, as far as you know, threats of claims, litigation or other proceedings pending against You by any third party, based on any state of facts that would constitute a breach of any of your representations and warranties herein, nor have any claims ever been asserted against You historically with respect to the content or title of the Manuscript or Work. You represent and warrant that all information contained in the Manuscript or that You, otherwise, submit or communicate to Us are accurate. You will promptly notify us and update and/or correct any information that becomes or is determined to be inaccurate.. You acknowledge that You are solely and entirely responsible for the content of the Manuscript and the Work and that We will not be liable ​​before you, or to third parties or other person or entity for the content of the Manuscript or Work, regardless of whether We have any knowledge or could reasonably have known of any breach of Your representations above or that the Work or Manuscript violates the law.

9.4 Right and competence to contract. You represent and warrant that: (a) is at least eighteen (18) years of age as of the Effective Date of this Agreement; (b) You are otherwise competent to enter into this Agreement; (c) You have full right, power and authority to perform Your obligations under this Agreement; (d) You have full right, power and authority to grant the rights and licenses granted to the United States; (e) You didn't designate, compromised or in any way damaged the Manuscript and/or the Work; (f) You have obtained all rights, authorizations and permissions necessary to grant such rights to us without any further payment obligation by us; e (g) You will maintain such licenses and consents throughout the Term and, from then on, as necessary to fulfill the obligations imposed on You by this Agreement.

Section 10: Disclaimer of warranties

10.1 SALES ARE NOT GUARANTEED. WE MAINTAIN NO CONTROL OVER THE SUBJECTIVE PURCHASING DECISIONS OF CONSUMERS OR BOOKSELLERS AND, CONSEQUENTLY, WE CANNOT AND DO NOT GUARANTEE SALES OF YOUR WORK. WE MAKE NO GUARANTEES OR PROMISES AS TO THE MINIMUM SUCCESS OF THE SERVICES OR THE AMOUNT OF RESERVATION SALES THAT MAY RESULT FROM ANY OR ALL SERVICES.

10.2 GENERAL DISCLAIMER OF WARRANTIES. EXCEPT ANY WARRANTIES OR REPRESENTATIONS EXPLICITLY SET FORTH IN THIS AGREEMENT, WE MAKE NO OTHER GUARANTEES, AND WE EXPLICITLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARE LIFTED BY LAW, PERFORMANCE OR NEGOTIATION COURSE, CUSTOMIZATION OR COMMERCIAL USE, OR OTHERWISE) WITH RESPECT TO THE SERVICES, OR ANY PARTY, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES (INCLUDING, but not limited to, WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE whether or not we are aware of any such purpose), WARRANTY OF TITLE AND WARRANTY AGAINST INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Section 11: Indemnity

11.1 General Indemnity. You will fully indemnify and hold harmless, Us, Our Affiliates, Our Contractors, and each of the executives, directors, employees, agents, insurers, contractors, successors and permitted assigns of and against any claim, cause of action, demand, action, process, losses, responsibility, cost, despesa (including lawyers), damages arising from or resulting from a breach of contract, including, but not limited to, any breach or alleged breach of any of Your representations, previous guarantees and obligations. Until any compensation claim below has been fully satisfied, We may withhold all payments due to You, including Copyright, if there is, e / or We may stop providing any additional Services; and You will not be entitled to receive a refund of any amounts paid by You to Us.

11.2 Defending Copyright Infringement for Your Work. If a claim is filed or an Action is brought against Us alleging that the Work infringes copyright or other intellectual property rights, or the Work otherwise violates or adversely affects the rights of third parties, You authorize us, in our election, a defender, Negotiate, compromise or resolve such claim or action, subject to your approval and at your expense. You will not resolve any complaints or Claims in a manner that adversely affects Our rights without the prior written consent signed by an authorized representative of Us.

Section 12: Remedies

12.1 Publication in unselected format. In the event that we publish the work in any format other than the format selected and purchased by you, and a qualifying sale occurs through us, our affiliates or our contractors, Your sole recourse will be payment of copyright royalties calculated in accordance with Sec. 7 (Royalties) in such Qualified Sales of the Work in the unapproved format.

12.2 Assent of Liquidated Damages. The Parties understand that the payment of Author Royalties established in Clause 7.4 (Post-Termination Royalties), to the extent of Qualified Sales occurring after termination, and Sect. 12.1 (Publication in Unselected Format) constitute Liquidated Damages and Indemnity, but not a Penalty. The Parties acknowledge and agree that any damage caused to You by Our breach would be impossible or very difficult to estimate accurately at the time of making this Agreement and at the time of the breach, and that liquidated damages are a reasonable anticipated or actual estimate of the breach that may arise from our breach. Our payment of Liquidated Damages is our sole responsibility and entire obligation, as well as your sole remedy for our breach.

12.3 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, US, OR OUR EMPLOYEES, REPRESENTATIVES, DIRECTORS OR OWNERS OR OUR AFFILIATES OR CONTRACTORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DECREASE IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLAR, OR EXTRAORDINARY, WHETHER ARISING FROM COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, CRIME (INCLUDING SLIME AND NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED REMEDY OR OTHERWISE, ITS ESSENTIAL PURPOSE. IN NO EVENT WILL WE, OUR AFFILIATES ‘OR OUR CONTRACTORS’ SHALL HAVE TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, CRIME (INCLUDING SLIME AND NEGLIGENCE) OR ANOTHER, EXCEED THE AGGREGATE AMOUNTS PAID TO US BY YOU PURSUANT TO THE APPLICABLE SERVICE ORDERS.

The exclusions and limitations of this Section will not apply to damages or other liabilities arising from the gross negligence of Us, Us or Our Affiliates or Contractors or willful or intentional conduct.

Section 13: Dispute Resolution; Governing law

13.1 – Statute of Limitation. You must file a claim for Arbitration for damages related to or arising directly or indirectly from this Agreement, within a maximum period of 180 (One hundred and eighty) days after any part of your claim has accrued. Through this instrument, you waive the right to file a Claim for any loss, damage or liability relating to or arising directly or indirectly from this Agreement under any state or federal statute of limitations which may be longer.

13.2 Applicable law. This contract, and any legal process, arbitration, Action or proceeding arising out of or related to this Agreement, to the Terms and Conditions, to any Service Order, the Services provided or to be provided, The work, the manuscript and, in general, any act or omission involving You and Us, Our Affiliates and / or Our Contractors shall all be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether in the State of your residence or any other jurisdiction) which could cause the application of laws of any jurisdiction other than those of the State of Florida or any rule of construction that permits or directs such ambiguities to be construed against the drafter of a contract.

13.3 ARBITRATION WAIVER / MANDATORY CLASS. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, ADVERTISING OUR SERVICES, YOUR INCENTIVE TO ENTER INTO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO CREDITS OR RELATING TO DECEPTIVE OR UNFAIR TRADING PRACTICES, FALSE STATEMENT OR MISLEADING ADVERTISING, YOUR TERMINATION, OR THE VALIDITY OR INFRINGEMENT, WILL BE RESOLVED BY ARBITRATION IN BROWARD COUNTY, FLORIDA, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE AAA COMMERCIAL ARBITRATION RULES, EXCEPT YOU CAN BRING CLAIMS IN BROWARD COUNTY SMALL CLAIMS, FLORIDA IF YOUR CLAIMS QUALIFY. THE JUDGMENT OF THE PRIZE PROVIDED BY THE(S) REFEREE(S) MAY BE SUBMISSIONED IN ANY COURT OF THE SAME JURISDICTION. THE COURT SHALL HAVE THE POWER TO RETURN IN ANY CHALLENGE TO ITS OWN JURISDICTION OR THE VALIDITY OR ENFORCEABILITY OF ANY PART OF THE AGREEMENT TO ARBITRATE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU AGREE THAT YOU ARE VOLUNTARILY AND CLEARLY AWARE OF ANY RIGHT THAT YOU HAVE TO GO TO COURT OR HAVE A TRIAL. NEITHER YOU NOR WE CAN BE A REPRESENTATIVE, A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, INCLUDING OUR AFFILIATES, ONLY IN YOUR PERSONAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS OR REPRESENTATIVE PROCESS. FURTHERMORE, UNLESS YOU AND US AGREE DIFFERENTLY, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIM, AND OTHERWISE MAY NOT PRESIDE IN ANY FORM OF A CLASS, CONSOLIDATED, MASS OR REPRESENTATIVE PROCESS.

We will not oppose your election to participate in the arbitration by telephone or by written submission, if you prefer not to participate in person. If You can demonstrate to Us that the cost of arbitration imposes a degree of actual financial hardship on You such that Your ability to bring a claim in Arbitration is affected, We may choose to reimburse you for all or some of the following: (a) part of Your initial filing fee for Arbitration that is greater than the filing fee for a civil action in Broward County Circuit Court; Your reasonable expenses ​​to travel to the Arbitration if telephone or written arbitration is not available; or (c) the cost of the referee.

You have the right to opt out of this Mandatory Arbitration provision, which would allow you to litigate disputes in a court of law before a judge, if you gave us, within thirty (30) days of the Effective Date of this Agreement, an explicit delete statement, manually signed and dated by You, via registered letter, acknowledgment of receipt, addressed to Attn: VLM Press, 1130 S Powerline Rd, suite 101, Deerfield Beach, FL 33442. If we do not receive your written notice within this time period, Your right to opt-out will terminate and the provisions of this section will apply. If you exercise the opt-out, each Party consents that it will commence any Action of any kind arising out of or related to this Agreement, to the Terms and Conditions, to the Service Order, to Services, to the Work or Manuscript against the other Party or Our Affiliates, only in Juvenile Courts, Circuit or Superior located in Deerfield Beach, Broward County, Florida, or in the Federal Courts of the Southern District of Florida, em Deerfield Beach, and any court of appeal. SE, FOR ANY REASON, A CLAIM IS BROUGHT IN COURT, INSTEAD OF ARBITRATION, YOU AND WE WAIVE ANY RIGHT TO A TRIAL. YOU OR WE MAY BRING TO COURT ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS ACTION, CONSOLIDATED OR REPRESENTATIVE, TO REQUEST INJUNCTIVE RESOURCES.

13.4 Attorney's Fees. We agree that we will not be entitled to our attorney's fees or expenses incurred in defending a claim, unless: (a) You do not disable as permitted in 13.3, and You bring an action against Us or any of Our Affiliates in any court other than Small Claims Court in Broward County, Florida, or in a location of arbitration other than that agreed in this Agreement, and We choose to remove the claim to the appropriate location; or (b) Your complaint is deemed frivolous by an arbitrator or judge.

Section 14: Several

14.1 Telephone, email and other communications sent by Us. Unless you choose otherwise in accordance with our Privacy Policy listed on our website, you agree to allow our employees, our affiliates or our contractors contact you by phone and email, to any contact point provided by you, to fulfill the Services and for the purpose of educating you about additional services available, discounts, sales, products or other opportunities offered by Us or Our Affiliates sometimes, and with a frequency determined in our reasonable discretion. Phone calls can be monitored and / or recorded by us and our affiliates for quality assurance or other business purposes, without you having to disclose them again.

14.2 Entire Agreement. This contract, together with all Service Orders, Terms and Conditions and any other written documents referred to in this Agreement, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein and supersedes all prior or contemporaneous understandings, agreements, discussions, or representations, written or oral. Except as set forth in Sec. 1 (Term; General principles), no written communication, oral or electronic between You and Our employees, Our Affiliates or Our Contractors will create any binding obligation on Us.

14.3 Notices. All notices under this agreement by you to us, including, but not limited to, alleging any violation, before your right to terminate for cause, or warnings to end, must be provided in writing and sent by overnight mail, (for example, FedEx , UPS or DHL) or by registered mail, with acknowledgment of receipt, for: ATTN: Customer service, 1130 S Powerline Rd, suite 101, Deerfield Beach, Florida 33442, with an additional copy for notices declaring infringement only, sent by email to: info@vlmpress.com.

14.4 Personal information. You are responsible for providing and maintaining complete and current personal information with us., including, but not limited to your name, address, phone number, email address and tax information. We are not responsible for any delays or failures in receiving notices, fiscal documents, royalty payments or other Company information, or any other damage, resulting from your failure to maintain accurate personal information, current and complete with us.

14.5 Electronic Signatures. The Parties agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and have the same force and effect as manual signatures. Electronic signature means any sound, electronic symbol or process attached to or logically associated with a record executed and adopted by a party with the intent to execute such record.

14.6 Taxes. You will be solely responsible for all sales taxes, usage and taxes, and any other taxes, similar fees and charges of any kind imposed by any federal government entity, state or local authority on any amounts payable by You, provided that in no event will you pay or be responsible for any taxes imposed on, or relating to, our recipes, gross receipts, our employees, our affiliates or our contractors or our real or personal property or other assets.

14.7 Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, “joint venture” or other form of joint venture, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract or bind the other Party in any manner.

14.8 Binding Effect; Assignment. This Agreement shall inure to the benefit of and be binding on the Parties and all their respective heirs, executors, permitted successors and assigns. You may not assign any of Your rights or delegate any of Your obligations under this Agreement without Our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No permitted assignment or delegation relieves you of any of your obligations under this Agreement. We may assign our rights or delegate any of our obligations under this agreement to any of our affiliates, our employees or our contractors, at our sole discretion, or to any person or entity that acquires all or substantially all of our business and assets.

14.9 Renounce. No waiver by Us of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by an authorized representative of Us. No failure to exercise or delay in exercising any rights, resources, powers or privileges arising from this Agreement operate or may be construed as a waiver thereof. No single or partial exercise of any right, mediation, following power or privilege excludes any other exercise or the exercise of any other right, mediation, power or privilege.

14.10 Divisibility. If any term or provision of this Agreement is held invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision under any other term or other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties will negotiate in good faith to modify this Agreement, so as to effectuate the original intent of the Parties as nearly as possible in a mutually acceptable manner, in ordering that the contemplated transactions be consummated as originally contemplated to the greatest extent possible.

14.11 Survival of certain provisions. Section 4.7 (Manuscript and Work Rights), Section 5.1 (Advertising Law; Use license), Section 6.3 (Leave During Post-Closure Transition), Section 6.4 (Storage and Hosting), Section 6.7 (Contractor's Failure to Update Work), Section 7 (Royalties), Section 8 (Termination and Refunds), Section 9.1 (Intellectual Property Rights), Section 9.2 (Co-authored work), Section 9.3 (Your Responsibility for Content and Accuracy) , Section 9.4 (Right and Competence to Contract), Section 11 (Indemnity), Section 12 (Resources), Section 13 (Dispute Resolution; Applicable Legislation), Section 14.3 (Notices), Section 14.6 (Taxes), Section 14.8 (Binding Effect; Assignment), Section 14.10 (Divisibility), Section 14.11 (Survival of Certain Provisions) and Section 14.12 (Force Majeure), of this Agreement will survive Termination of the Agreement.

14.12 Force Majeure. We will not be responsible ​​before you, nor shall We be deemed to be in default or deemed to be in breach of this Agreement for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent that such failure or delay is caused by or results from any reasonably unforeseeable act or circumstance beyond Our control. reasonable, including, but not limited to, any acts of God, guerra, terrorism, work conditions, fire, inundation, storms, acts of third parties or government action, or restrictions or delays that affect Our Contractors' ability to enable Us to timely perform all services (Force Majeure Event).

LI, I UNDERSTAND AND AGREE TO THE TERMS SET FORTH IN THIS SELF-PUBLISHING SERVICES AGREEMENT.

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