Terms of Service
TERMS OF SERVICE AND DISTRIBUTION LICENSE
1) By submitting this agreement, you – the undersigned – hereby agree to these terms of service and grant to Biyuti Publishing – the “service provider” – the non-exclusive right of publication, commercial use, sale, distribution, reproduction, storage, conversion, edition and other related use of the submission – identified below.
2) You represent and confirm that you are the author of and the owner of copyrights in the submission or the duly authorised agent of such person, that you have obtained the proper authorization of coauthors or any other person involved in creating parts of the submissions including non-text materials, if any, to sign this agreement, and that you have not granted an exclusive distribution license or other similar rights to another person or business.
3) You agree to remain the owner of any copyrights in the submission and to take full responsibility for errors, omissions, lies, missing information and plagiarism found in the submission, and agree to remain liable for damages caused by the submission, such as but not limited to libel, hate speech and infringement of intellectual property rights; the service provider is not liable for the content of the submission.
4) You agree that the service provider is not responsible and liable for any misuse of the submission by third parties who have legally obtained access to the submission as a result of the service provided by the service provider.
5) The service provider will
a) edit, modify and format the submission in order to distribute it digitally;
b) host the submission, and make it available and accessible on its website, and other appropriate location agreed upon by you and the service provider;
c) distribute the submission at a price determined by you;
d) submit the submission for legal deposit in Canada;
e) aid in the formatting and/or creation of derivatives of the submission; and
f) identify properly and when appropriate the author of the submission.
6) The service provider will submit the submission for legal deposit in jurisdictions other than Canada if the undersigned requests that the service provider do so in writing, including email, and disburse the fees required for legal deposit if such fees exist.
7) You agree to promote your submission, any derivatives of the submission and any work associated with the submission on your own and without the support of the service provider; the service provider may promote the submission, any derivatives of the submission and any work associated with the submission at its own discretion.
8) The submission sale proceeds, in electronic or paper format, are payable directly and in totality to the undersigned if the undersigned possess a valid PayPal account and/or any valid and required account with a third party distributor such as amazon.com or Barnes & Noble; this clause can be modified by mutual agreement between the service provider and the undersigned.
9) In the event that you are incapable of obtaining any of the accounts mentioned in clause 8, the service provider will pay to you royalty equivalent to 100% of the submission’s sale proceeds after applicable third parties’ fees, sale taxes, duties, and other legally required fees or taxes; royalties accrued will be payable at the end of every financial quarter.
10) The service provider will make the submission available and accessible online through a fee based subscription system and will retain the totality of these fees to cover business operations and as payment for services provided; this clause can be modified by mutual agreement between the service provider and the undersigned.
11) You agree to reimburse the service provider for services provided by a third party but not found in this agreement and requested in writing, including email, by the undersigned such as but not limited to cover arts, publicity, insurance and legal representation.
12) Addendums signed by the service provider and the undersigned after the submission of this agreement are deemed part of this agreement if the addendums relate to the provision of services by Biyuti Publishing, if the services relate to the submission, and if the addendums does not provide otherwise.
13) You understand and acknowledge
a) that the license is revocable upon written notice, including email, to the service provider;
b) that revocation is effective 14 days after receipt of the notice by the service provider; and
c) that revocation does not affect the rights included in this agreement exercised prior to the coming into force of the revocation.
14) The service provider retains the right to revoke the license effective upon receipt of a written notice, including email, by you at any moment, for any reasons; sub-clause 13 c) is applicable to this clause.
15) You understand and acknowledge that by submitting this agreement
a) you do not become an employee of the service provider; and
b) no legal obligations, except those included in this agreement, are created between you and the service provider.
16) You agree that the laws of the province of Ontario and the laws of Canada applicable in Ontario govern the interpretation of this agreement.