Terms And Conditions
1.0 Author Agreement
1.1 This constitutes a binding legal agreement between The Author and EsteemWorld Publication™ that also trades under the name of Esteem Motivation, Inc. Please read this agreement carefully before using our services. We also recommend you print a copy off for your own records. By submitting any content to EsteemWorld Publication™ Self Publishing Services, you (the "author") are deemed to have read, understood and agreed to each of the terms, conditions, and notices set forth in this agreement. In addition, when using any specific service, the author shall also be subject to and deemed to have read, understood and agreed to any posted conditions applicable to such services that may contain terms and conditions in addition to the terms, conditions and notices set forth in this agreement.
1.2 This agreement constitutes the entire agreement between the author and EsteemWorld Publication™ with respect to the use of their self-publishing services and it supersedes all prior and contemporaneous agreements or arrangements between the author and EsteemWorld Publication™.
2.0 Author's Warrantee
2.1 The author represents and warrants that he or she is at least 18 years of age and possesses the legal right and ability to enter into this agreement and to use EsteemWorld Publication™, in accordance with all terms and conditions set forth in this agreement and should he/she be accepted for publication, has the full power and authority to enter into and perform in accordance with its terms.
3.0 Author's Right To Publish The Book
3.1 The Author warrantees that The Book is entirely his/her work, except for parts taken from sources for which The Author has obtained written permission.
3.2 The Author warrants that The Book does not violate or infringe the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, and other proprietary rights.
3.3 The Author warrants that The Book does not break the law or facilitate the breaking of the law, does not violate any copyright or other intellectual property right; does not contain material that is obscene, pornographic, inflammatory, or racially or otherwise objectionable and does not harm minors in any way.
3.4 The Author warrants that the work does not contain libel or defamation, falsified information or private information the author has no right to make public, is not threatening or harassing, and does not invade any individual's right of privacy or publicity.
3.5 The Author warrants that The Book could not give rise to any civil or criminal liability under his or her national, or international law.
3.6 To the best of The Author’s knowledge, all purported factual information in The Book is true and accurate, and the following of any advice in The Book will not be harmful to any user.
3.7 In addition to complying with all the above restrictions on content, The Author is responsible for adhering to all local and national laws that pertain to his/her location, wherever he or she is.
4.0 Submissions
4.1 EsteemWorld Publication™ at its sole discretion can reject as unfit for publication any book or e-book they chose to. Although brief reasons will be given for their decision at the time, EsteemWorld Publication™ is not obliged to have to justify their position to any potential author. Furthermore, EsteemWorld Publication™ reserve the right to later remove any material that may 'slip through' their pre-publication checks that is later deemed to be illegal, libellous, defamatory, offensive, obscene, pornographic, or harmful in any respect.
5.0 Copyright and other rights
5.1 Although EsteemWorld Publication™ is publishing The Book, The Author still retains copyright and all other rights to his or her intellectual work. The Author is perfectly free to publish The Book anywhere else at any time, even at the same time (although not by using EsteemWorld Publication™’ name, files or ISBN number).
5.2 Where EsteemWorld Publication™ specifically lays the text out and/or formats the material for the author and/or creates cover images, in part or whole, these remain the property of EsteemWorld Publication™, and these text and/or cover files must not be used with another printer or publisher, in print or electronic form, without the express written permission of EsteemWorld Publications. Where the author has created and formatted the files entirely themselves then they are perfectly free to use their own files with another printers or publishers albeit not by using EsteemWorld Publication™' name, ISBN number, or barcode inside or outside of the content.
5.3 If The Author chooses to 'retire' The Book from EsteemWorld Publication™, it will no longer be available to his or any third parties. EsteemWorld Publication™ does not retain any residual rights to retired work except from the above mentioned. (EsteemWorld Publication™ reserves the right not to retire a book where an unpaid balance on the author's account remains unsettled.)
6.0 Author Authorises EsteemWorld Publication™, To Publish The Book
6.1 The Author approves the visual presentation and content of The Book as sent on his/her files to EsteemWorld Publication™ and takes full responsibility for any spelling or formatting errors within this content. EsteemWorld Publication™ cannot accept responsibility for the quality of the content purchased (including misspelled words, grammatical errors, etc.), its formatting, design or overall appearance, except where specific explicit instructions from The Author for formatting etc have not been carried out by EsteemWorld Publication™.
7.0 ISBN Numbers
7.1 By purchasing an ISBN Number from EsteemWorld Publication™, The Author is granting EsteemWorld Publication™ the right to sell and distribute The Book internationally at the fulfilment rates and royalty rates as listed on the website.
7.2 The ISBN number purchased through EsteemWorld Publication™ may not be used in promoting anything else other than the version of The Book as published and distributed by or through EsteemWorld Publication™. The unique ISBN number is not transferable to another publisher/printer/ebook site. Any such behaviour is illegal and serious breeches will result in EsteemWorld Publication™ initiating criminal proceedings against the author.
7.3 If an ISBN has been purchased, the Author authorises EsteemWorld Publication™ to send 6 copies to the British Library to fulfil statuary legal requirements. EsteemWorld Publication™ will send these books on The Author’s behalf and The Author will be billed for them based on their print price plus postage and packing of £7.50. There will be no payment or compensation from the British Library or EsteemWorld Publication™ for these 6 copies.
7.4 The author agrees not to interfere with EsteemWorld Publication™ ISBN source data on any book data reports of any sort, including but not limited to Nielsens. Any interference of any kind with the book's source data will be considered a serious breech of the author agreement.
8.0 Selling the Book
8.1 Although EsteemWorld Publication™ will list The Book on Amazon and other websites and book data reports, EsteemWorld Publication™ makes no guarantee with regards to the availability of the book or e-book through particular retail outlets or distributors at any given time or place. If Amazon or another site chooses not to list or withdraws The Book for whatever reason, EsteemWorld Publication™ cannot be held liable.
8.2 The Author has agreed the recommended retail price in UK pounds and US dollars and the same distribution discounts with EsteemWorld Publication™. However, EsteemWorld Publication™ cannot guarantee the price any particular retailer or wholesaler choose to sell The Book at, or the discount levels available to retailers through the wholesalers. However, regardless of who or where to and at what price the book is actually sold at, the author will still receive the exact same royalty per sale as agreed with EsteemWorld Publication™ for sales through the fulfilment/distribution service, except where specific agreements are made to the contrary.
9.0 Royalties
9.1 All royalties will be due to be paid no sooner than one quarter after the end of the month of the date of the first sale. If royalties due are less than £50 then the royalty balance will roll forward to the next month until either there is £50 or more due, or 6 months have passed since the month of sale in which case the royalty payment, regardless of the amount, will immediately be made. For UK authors, US royalties will be converted to UK pounds at the exchange rate as determined by EsteemWorld Publication™’ distributors at the time of their paying EsteemWorld Publication™. This exchange rate is not negotiable.
9.2 The Author is responsible for declaring and paying his own Income Tax on all Royalties earned. EsteemWorld Publication™ shall not be liable for all claims arising out of or relating to taxation of such royalties, including, but not limited to, payment thereof.
9.3 EsteemWorld Publication™ reserves the right to contra author royalties from sales made to any outstanding balance remaining unpaid on the author's purchase account without consultation with the author.
10.0 Other
10.1 After the first year, there will be a £10.00 file storage and maintenance charge that will be billed on an annual basis for the print version of The Book. This fee is only obligatory if The Author wishes to keep the title ‘live’ with us. If this fee is not paid promptly (notice will be given, please ensure to keep us up-to-date with contact details), then we reserve the right to pull The Book from our lists, and from our fulfilment service if applicable.
11.0 Limitation of Liability
11.1 The Author agrees that the liability of EsteemWorld Publication™, its employees and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) connected with any transaction entered with EsteemWorld Publication™ shall not exceed the amount The Author paid to EsteemWorld Publication™ in connection with the transaction giving rise to such a claim. EsteemWorld Publication™ or its employees, agents or third-party licensors and content providers will not be liable to The Author or anyone else for any special, consequential, indirect, exemplary, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to The Book.
12.0 Indemnity
12.1 The author agrees to indemnify EsteemWorld Publication™, its parent, subsidiaries, affiliates, and their respective officers, directors, employees and agents from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from the author's use of our services, including without limitation claims arising out of content submitted to us by the author, the author's violation of a third party’s rights, or any claims alleging facts that if true would constitute a breach by the author of the terms and conditions of this agreement.
13.0 Term
13.1 This Agreement is effective until terminated. EsteemWorld Publication™ may terminate or suspend this Agreement immediately if in EsteemWorld Publication™’ sole judgment The Author breaches any of the terms and conditions of this Agreement. All provisions of this Agreement relating to payment, disclaimers, limitation of liability, indemnification, confidentiality, and proprietary rights shall survive termination or expiration of this Agreement.
14.0 Miscellaneous
14.1 This Agreement is governed by the laws of the UK. Use of our services is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions. Each party shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers, except for obligations to make payments hereunder. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labour disturbance or shortage, act of public enemy, failure or delay in transportation, act of any government affecting the terms hereof, accident, fire, explosion, flood, severe weather or other 'act of God'.
14.2 As these are ‘print on demand’ books, and this contract is for an indefinite term, there will be times in the future where printing and shipping prices will rise with inflation and other factors beyond our control. Therefore, EsteemWorld Publication™ reserves the right to alter fulfilment prices and author copy print prices in accordance with these inflationary and other factors at any time in the future without consultation with the author. The author will always be informed of changes in the fulfilment price.
EsteemWorld Publication™ reserves to itself any rights not expressly granted herein.