Limitless ePublishing reserves the right, at its sole discretion, to change, modify, add, or eradicate portions of these Terms at any time as set out herein. These Terms (except rights and fees terms) may be changed unilaterally by Limitless ePublishing from time to time by posting such changes on our website, and such changes shall become effective once you use Limitless ePublishing following such posting (which use shall be deemed conclusively to indicate acceptance of such changes). Changes to those sections of these Terms relating to rights and fees will be effective and binding on you either 30 days after posting or on the date you (a) expressly accept the changed Terms or (b) make an additional eBook available to Limitless via Limitless ePublishing.
YOU ALWAYS HAVE THE RIGHT TO WITHDRAW YOUR EBOOKS FROM SALE AT ANY TIME IF THE TERMS ARE NOT ACCEPTABLE TO YOU.
In order to participate in Limitless ePublishing, you must be at least 18 years old or the legal age of majority in your place of residence and have an active and valid Limitless ePublishing account. When you create your Limitless ePublishing account, you must provide us with accurate and complete information. We request you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) to protect your account. You are hereby solely responsible for the account activities henceforth, and you agree to keep your account login and password secure for use. You must immediately notify Limitless ePublishing of any beach of your account credentials that you become aware of and any unauthorized use of your Limitless ePublishing account. Every unique registered user may have only one Limitless ePublishing account at a time.
The term of this Agreement is in effect when you accept it and will continue until the contract is terminated by you or by Limitless ePublishing. We reserve the right to suspend your access to Limitless ePublishing account and/or terminate this Agreement and your Limitless ePublishing Rights Holder account at any time with or without notice to you. You may choose to terminate this Agreement and your use of Limitless ePublishing Author account at any time by notifying us in accordance with our then-current procedures for Rights Holder Account termination. Please be informed that if you terminate this Agreement, we will stop selling your work within the next ten (10) business days from our receipt of your notice. Nevertheless, Limitless ePublishing will retain the right to maintain digital copies of your work in order to support customers who have already purchased your work.
Limitless ePublishing Rights Holder account is directed towards use by adults and individuals under the age of majority in their country of residence ("Minors") are not permitted to create a Limitless ePublishing Rights Holder account. In addition to this Agreement and adherence to our guidelines, creating a Limitless ePublishing account, requires the following:
Your Name, Address and/or SSN/EIN for tax reporting purposes;
A PayPal™ account for the purpose of sending electronic royalty payments to you; and
Your legal residence in one of the seven following countries:
You agree that all information you provide to us in connection while opening your account is true to your knowledge and correct and you agree to keep such information updated. If we terminate your account on grounds of violation of policy, you may not be allowed to open a new account. You will not use false identities or impersonate any other person or use a Publisher Account that you are not authorised to use. You hereby authorise us, directly or through authorized third parties, to make necessary enquiries we consider appropriate to verify any account information you provide.
You must provide to us (via upload), each eBook you desire to publish/sell through the Limitless eBooks. We shall not be liable to return to you any electronic files or physical content or media you share with us. Also, you must deliver all electronic files free of viruses, worms and other potentially harmful or disrupting code.
We reserve the right to determine what content we accept and distribute through the Limitless ePublishing platform. If we request that you provide additional information relating to your eBooks, such as information confirming that you have all rights required to permit our distribution of the eBooks, you agree to provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we deem necessary to verify your rights to permit our distribution of the eBooks and the accuracy of the information or documentation you provide to us with respect to those rights.
You here authorize Limitless ePublishing and grant Limitless ePublishing all necessary rights and license to distribute, transmit electronically and sell your work. As used in these Terms, “eReading Service” means the online service (LimitlesseBooks.com) offered by Limitless ePublishing. Limitless eBooks provides users with the abilities to access, discover, read and purchase work through multiple interfaces including the LimitlesseBooks.com website and other Limitless eBooks mobile applications.
Accept or reject the eBook at our discretion;
Copy and store your eBook on one or more servers;
Display, market, transmit, distribute, sell and otherwise digitally make available all or any portion of the eBook through Limitless eBooks, for customers and prospective customers to download and/or store, access, copy and paste, print, annotate and/or view online and offline, including on portable devices; and
Determine marketing and promotion of your eBook related to their sale on the Reading Service, including providing a 10% sample of the eBook for free to encourage users to purchase the work
Limitless ePublishing acknowledges that you own all eligible rights, titles, and interests in and to the work/eBook. The rights and licenses granted in these Terms are worldwide.
All versions of the online reading Service use advanced security models. Contact us immediately if any instance of infringement is noticed. We will respond promptly to your requests for information about any alleged copyright infringement or other unauthorized use of work.
We may, in our discretion, request that you any errors that may be discovered in the review process or brought to our attention later on. If any such errors do occur, we may remove the affected eBook from further sale until they are addressed.
Your eBooks, their content and their covers must adhere to our content guidelines. We reserve the right to determine if content is inappropriate and to choose not to publish it. We may also terminate your membership in Limitless ePublishing LLC if you don't adhere to these guidelines. We will leverage the standards similar to the Miller Test to determine if the content is offense/obscene. The following are general areas of content we will not publish:
Pornography, Nudity, and Sexually Explicit Material: Adult or explicit material showcasing illegal, derogatory acts or deemed to be exploitative shall be blocked or removed from our Website. See below for details regarding Limitless ePublishing standards. Erotic or sexually explicit books are not permitted.
Pedophilia, Incest, Bestiality, Exploitation and Sexual Violence or Force: Users may not publish written, image, audio or video content that highlights or supports pedophilia, incest, bestiality, or sexual violence or force.
Commercial Pornography: Limitless ePublishing does not allow content which is used primarily for monetizing pornographic content or driving traffic to a monetized pornography site.
Child Pornography: Limitless ePublishing has a no tolerance policy against child pornography. In fact, our moderators will terminate and report to the appropriate authorities if any user/author publishes or distributes material containing child pornography, or who promotes material that is or professes to be child pornography.
Hateful content: Users may not publish content that promotes hate toward targeted groups based on disability, gender, race or ethnic origin, nationality, religion, age, veteran status, sexual orientation/gender identity or any other groups.
Violent content: Users may not publish content with the intention of direct threats of violence against any person or group of people. Graphic violence of any sorts wouldn’t be tolerated either. Users may not publish instructional material regarding the creation of weapons of mass destruction.
Private and Confidential Information: We do not allow the unauthorized publishing of people's private information, such as bank details, credit card numbers, insurance numbers, driver's and other license numbers, and other information that is otherwise not publicly accessible.
Illegal and Infringing Content: We at Limitless ePublishing consider violations of laws and proprietary rights very seriously. As an author or publisher, it is solely your responsibility to ensure that your content doesn't violate laws or copyright, trademark, privacy, publicity, or other rights. Freely available online content does not mean you are able to copy and sell it.
When you submit your work to us, you will provide a list price for your work through Limitless ePublishing Rights Holder account; however, the List Price shouldn’t exceed the maximum list price or go below the minimum list price permitted in the Limitless ePublishing Pricing and Payment Terms. The current minimum list price is at $2.99 USD The maximum list price at Limitless ePublishing is set at $200 USD.
If you are in good standing under this Agreement, for each work sold to a customer through Limitless ePublishing Rights Holder account, Limitless ePublishing will pay you the applicable "Royalty" currently set at 75% of the price you set from Sales of eBooks at LimitlesseBooks.com
If a third party ascertains that you do not have the required rights required to publish/sell your work available on Limitless ePublishing Rights Holder account, or if we believe that you may be in breach of your representations and necessary warranties in this Agreement, we will be entitled to hold all Royalties due until we can investigate the claims made by the third party and determine that your breach has been fully remedied, as applicable. Upon termination of this Agreement, we reserve all rights to withhold all Royalties due for a period of three months from the date they would otherwise be payable. This would ensure our ability to settle any refunds or other adjustments we may need to take.
The provision of your Name, Address and/or SSN/EIN to confirm your identity is needed for tax reporting purposes.
While Limitless ePublishing will not collect taxes on Royalties, but the US Tax office will be advised of earnings made on Royalties. Publishers will be held responsible for payment of applicable taxes due and payable resulting from payments you received from Limitless ePublishing under this Agreement.
WE WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS/DATA, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, OR CONTENT PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PUBLISHER ACKNOWLEDGES AND AGREES THAT LIMITLESSEPUBLISHING CANNOT ENSURE THAT EBOOKS SUBMITTED BY PUBLISHERS WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES LIMITLESSEBOOKS MAY MAKE APPLICABLE IN CONNECTION WITH USE OF EBOOKS, AND LIMITLESSEPUBLISHING WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR FROM ANY CUSTOMER’S FAILURE TO COMPLY WITH ANY CONTENT USAGE RULES. WE WILL HAVE NO LIABILITY ARISING FROM OUR SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES.
LimitlessePublishing will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.
You will not issue any press release or any public disclosure about these Terms. Each party shall keep all information disclosed or obtained as a result of the relationship of the Publisher and Limitless ePublishing under these Terms, and shall not disclose any information regarding such matters without the prior approval of the other party. Without limiting the generality of the foregoing, you agree not to disclose any information we disclose to you, including communications between you and us, anything about our business, customers, marketing, and sales data sent to you from us with respect to your eBooks or any other information we make available to you as a result of your participation in Limitless ePublishing LLC.
The obligations of confidentiality in this clause shall not extend to any matter which the other party can show, it is required to be disclosed under any applicable law, or by order of a court or governmental body or other competent authority.
You may not use our service for activities that:
The term of these Terms shall commence as of the date you accept them and shall continue until terminated by you or by us. We may (i) terminate or suspend these Terms and your access to Limitless ePublishing at any time, provided that we will notify you promptly after such termination at the email address you furnished during the account registration and (ii) temporarily remove or suspend any of your published eBook from sale at any time for any reason or no reason.
You may suspend or terminate your participation in Limitless ePublishing and request withdrawal of your eBook from sale at any time by unpublishing your work on the Limitless ePublishing site. Upon termination of these Terms, and except as otherwise provided in these Terms, Limitless ePublishing shall immediately stop selling or commercially distributing all of your eBook, provided that Limitless ePublishing may maintain archival copies of the eBook solely to permit any authorized continuing access by any User who has purchased a copy of such eBook via the eReading Service prior to the termination of these Terms, provided that such continuing access is not in violation of any legal mandate and that we will continue to protect your eBook from theft, unauthorized access, copying or retransmission, infringement, unauthorized manipulation or any other misappropriation. Limitless ePublishing shall delete all such archival or other copies of each of the eBook after Limitless ePublishing reasonably determines it has no further obligation to provide continuing access to the work.
The United States Federal Arbitration Act, applicable United States federal law, and the laws of the state of Pennsylvania, USA, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Limitless ePublishing relating to this Agreement or the Program.
Any dispute or claim relating in any way to this Agreement or Limitless ePublishing will be resolved by binding arbitration, exclusively in Pennsylvania, rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Federal Arbitration Act, federal arbitration law, and Pennsylvania state law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would.