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Terms of Use

Last updated: 30 October 2022

 

OVERVIEW

There is a binding contract between you and Ink of Knowledge ("we" or "us" or "Ink of Knowledge") regarding participation in a digital and physical self-publication and distribution program (the "Program") available through the website Ink of Knowledge.com (the "Site").”).

Ink of Knowledge will comply with these Terms in the following manner:

  1. We refer to this as a Work when you convert your manuscript into an ebook or print format.

  2. Distribute those works to online and retail bookstores.

  3. Provide you with online sales reports.

  4. Pay you royalties from sales of your Work, less a commission payable to Ink of Knowledge.

You, the author:

  1. You own your Works and all rights to them; Ink of Knowledge has a right to commissions but no claim to copyrights or ownership.

  2. Set the sales price for your Works, subject to the exceptions in Section 11(d) below, and write the description that appears in bookstores. Any time you want, you can change the price or description.

  3. It is your right at any time to delist any of your Works from Ink of Knowledge or terminate this Agreement, provided that Ink of Knowledge remains entitled to its commission on sales of your Works prior to delisting.

The Overview summarizes the Terms. Ink of Knowledge and you have entered into a contract with these Terms. Due to the importance of these Terms, which constitute a binding contract, we recommend that you carefully review them.

TERMS OF SERVICE

The Publisher ("you" or "Publisher" or "author") and we are concluding this Agreement as a binding contract regarding participation in the Program as well as distribution of manuscripts and other materials which are converted into content for distribution through the Program (collectively referred to as your "Works" or "Works"). If the Publisher is an entity, the individual who accepts this Agreement on behalf of Publisher represents and warrants that he or she is authorized to enter into this Agreement on behalf of Publisher and to bind Publisher to its terms.

  1. Terms Acceptance. In order to accept this Agreement and be bound by its terms, you may either (a) click Accept when prompted to do so or (b) use the Program or Site. You may not use the Site or Program if you do not accept the Terms.

  2. Changes to the Terms, Program or Site. In our sole discretion, we reserve the right to change the Site, the Program, or these Terms at any time. These changes will become effective 30 days after they are posted at the top of the Terms. You may terminate your use of the Program or Site if you do not agree with any amendment.

  3. Retailers – Terms of Service. The terms of service of physical and online bookstores and other retailers (collectively referred to as "bookstores") determine whether we can distribute your Works. If one or more bookstores don't accept your Works under their terms of service or otherwise, we'll let you know and you can change them to make them work. You and We both agree not to take any steps that either of us knows or has reason to believe will violate any bookstore's terms of service. We may cease selling Works through any bookstore whose terms of service or distribution conditions are or become unacceptable to us for any reason.

  4. Commissions. As a result of the sale, loan, or other distribution of your works, we will receive funds provided to us by bookstores. As payment for our services in the Program and under this Agreement (the "Commissions"), we will be entitled to deduct and retain a commission of 20% of the proceeds generated.

  5. Third Party Websites. Your use of any bookstore to sell or your Works or any other linked websites and/or correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Site, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Except for the limited obligation to pay to you monies we receive from bookstores less our Commission, you agree that Ink of Knowledge shall not be responsible or liable for any claim, loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers or links on the Site. We expressly disclaim any representations made by bookstores or other third parties regarding the content or accuracy of materials on any third-party websites and, because Ink of Knowledge has no control over such sites, you acknowledge and agree that Ink of Knowledge is not responsible for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Site, so that you can understand how those websites collect, use and store your information. We are not responsible for the privacy statements, policies or content of other websites, including websites you link to or from our co-branded Site. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us.

  6. Storefront Terms of Sale: In addition to the other provisions in this Agreement and our Privacy Policy, if and when you make a purchase through the Site, these Storefront terms of sale also apply.

  • The Basics. Storefronts or carts may be available on the Site so that you may purchase copies of your own Works, such as author's copies or author's proofs. To complete the requested transaction, we (and our service providers) will require certain information from you.

  • Order Acceptance and Cancellation. You acknowledge that your order constitutes an offer to purchase all products and services listed in your order under these Terms. If we do not accept your order, we will not be obligated to sell you the products or services. Even after we send you a confirmation email with your order number and details of the items you have ordered, we may refuse to accept orders at our discretion.

  • Prices. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Postedprices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

  • Payment Terms: Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We, through our third-party payment provider(s), accept the credit cards and other payment mechanisms listed at the payment portion of the Storefront, which is subject to change, for all purchases. You represent and warrant that (i) the credit card or other payment information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card or payment mechanism for the purchase, (iii) charges incurred by you will be honored by your credit card company or your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

  • Manufacturer’s Warranty and Disclaimer: We do not manufacture or control any of the products or services (e.g. print-on-demand) offered through the Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site or made available through the Storefront. Some third-parties, including the print-on-demand manufacturers may provide a warranty or other recourse for certain verified defects due to manufacturing or quality errors exceeding the applicable print-on-demand manufacturer’s defined thresholds. Such claims would need to be submitted by such manufacturer’sstated deadlines. Such information or any manufacturer’s warranty may be detailed with the product when you receive it. To obtain warranty service, if any, please follow the instructions included in the manufacturer's warranty. For a good rule of thumb, you should aim to submit any such claim not more than 45 days from the date the unit was manufactured. If you have questions or think your product may be defective, please contact us at info@inkofknowledge.com and, in our discretion, we will endeavor, but are not obligated, to help you on any defectiveness claim you have. Neither us nor the manufacturer are liable for any errors or mistakes that are caused by you or are present in the Works you provide.


ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS, IF ANY, TO YOU.

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