KaiReader - Electronic Publication Distribution Agreement
For authors/publishers who supply pre-prepared EPUB/PDF documents
PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME (“Terms”),
ARE A BINDING AGREEMENT (“Agreement”) BETWEEN YOU (“End Users”, “Authors”, "Author Agents", and “Publishers” as defined below)
By using the service available at www.kaireader.com and affiliated domains and applications (the “Platform”), You agree to the terms governing the applications, features and functionality available on or through the KaiReader Platform (The “Service”). If you do not agree with these terms, do not use the service.
The following describes how users of the Platform who review or purchase downloadable digital publications (“End Users”) can download material and how they may review or use that work by the person or entity who posted the work (the “Author” or “Publisher”). For the sake of simplicity, this Terms of Service may use the term Author and Publisher interchangeably. The term “Author’s Agent” refers to the Author’s duly authorized representative, who is fully authorized and empowered to act on behalf of the Author in all matters described in this Agreement, and who may be authorized to collect and receive directly the monies otherwise payable to Author (or “Publisher”).The following also describes the rights and responsibilities of the Author and KaiReader. Any user of this Platform who downloads, reads or previews any Work on the Platform is referred to as an “End User.”
The Grant and the Territory
The Author hereby grants and assigns to KaiReader the nonexclusive worldwide right to digitally distribute, market and sell (“Distribute”)
the work identified on the front page of your submission (the “Work”). Since the terms of agreement with KaiReader, herein,
is non-exclusive, the Author or Publisher is free to publish, license, market and sell their work elsewhere so long as the Author or
Publisher is not violating someone else’s agreement or violating any laws.
KaiReader will generally distribute any such submissions which do not violate, or which do not appear to violate the agreement.
- Generally, KaiReader will distribute the Author’s Work as it is delivered to us, and not edit or modify the Work. Certain cosmetic modifications may occur due to User Interface peculiarities. KaiReader does not guarantee accurate preservation of the original Work’s formatting.
- KaiReader may decide not to distribute Author’s Work or may decide to discontinue its distribution of Author’s work for any reason and for no reason, and no reason need be provided. Except in the cases of gross violations of this Terms of Service, KaiReader will make every attempt to provide reasonable notice to the Author via email, up to and including providing instructions on how to remedy potential issues that might prevent KaiReader from listing a title.
- KaiReader may distribute the Work until the Author of the Work decides to remove the work from the KaiReader platform. The author may notify KaiReader in writing to remove the Work. After that notice, KaiReader will remove the work from the platform within five business days. KaiReader will do its best to assist authors and publishers who wish to have their works removed, and to ensure authors/publishers who terminate their KaiReader accounts receive full payment for sales that may occur after account termination. You may contact KaiReader if you want your account deleted and/or your publications removed.
- KaiReader takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be infringed. Generally, upon receipt of a written notice from a party infringed or defamed by Author’s material (or someone purporting to be his agent, publisher, attorney in fact or assign), KaiReader will remove the Author’s Work from sale until such a time as the claim has been deemed invalid and reserves the right to remove any and all information about the Author, the Author’s Work or the publisher from the Platform.
- If an Author or copyright holder learns that a third party is violating Author’s copyright or pirating or illegally distributing a KaiReader-distributed work, the Author shall inform KaiReader; however, it is the Author’s responsibility to seek relief from the offending parties. If that work is distributed on KaiReader, KaiReader will remove it per section 3a above.
- It is Author’s responsibility to secure permissions to the Work prior to the time Author submits such work if any material from the work belongs to, or has been licensed to, someone else.
CopyrightThe copyright in the Work shall belong to the Author or the party that Author cites as the copyright holder. Author shall be solely responsible for filing its copyrights and any other intellectual property with the appropriate governmental body. It is the Author’s responsibility to place a copyright notice on the copyright page or some other prominent place in the Work.
Format of SubmissionsThe author shall submit work in valid EPUB or PDF format. KaiReader cannot guarantee that a work shall be made available on the platform if the files are not in the required format.
Royalies and Payments
Royalty Rates. KaiReader agrees to pay the Author or Publisher (whomever uploaded the content) 70% of net proceeds
received by sale or licensing of your work (“Customer Price”). “Net proceeds” shall mean sales price paid and received less
payment processing fees, affiliate fees, retailer discounts, costs due to erroneous or fraudulent transactions, credit card
charge-backs and associated fees.
Minimum Customer price of non-free books is USD $0.50.
- Crawlable or Other Searchable Rights. KaiReader shall have the right to drive traffic to the Author’s Work on the KaiReader Platform through (a) general Search Engine Optimization services and/or (b) crawlable, promotional hypertext
- Other Subsidiary Rights. Other than stated above, KaiReader, in its current version, shall only distribute electronic versions of the Work, and keeps no other subsidiary rights to the Work including hardcover or paperback editions, audio editions, multimedia editions, theatrical editions, first and second serial rights or media rights other than the electronic version distributed on our Platform. Therefore, if a publisher will allow you to keep electronic rights to the Work, you may continue to distribute the Work electronically while publishing a printed version of the Work with a print publisher.
- Royalty Rates. KaiReader agrees to pay the Author or Publisher (whomever uploaded the content) 70% of net proceeds received by sale or licensing of your work (“Customer Price”). “Net proceeds” shall mean sales price paid and received less payment processing fees, affiliate fees, retailer discounts, costs due to erroneous or fraudulent transactions, credit card charge-backs and associated fees.
Author-Controlled Terms.The Platform allows Authors to control pricing and most metadata.
Statements and Payments of Author Royalties:
- KaiReader pays author (or Author's Agent) earnings on a monthly basis. By the 21st day of each calendar month, starting with the second month that the publications are available for sale on the Sales Platforms, KaiReader will send to the author a Monthly Statement in respect of that previous calendar month.
- Payments will be made to a Paypal account specified by the author (or Author’s Agent) when earnings reach a minimum of $20 USD.
- If KaiReader overpays earnings, such as in cases when fraudulent or unauthorized purchases are charged back to KaiReader after earnings payments are made, then KaiReader will deduct the funds owed from the author’s, agent’s, or publisher’s aggregate accrued earnings. If the amount owed exceeds the author’s, agent’s, or publisher’s aggregate accrued earnings, the author (or agent) agrees to remit a payment back to KaiReader within 30 days of notification to adjust the overpayment.
Author's Warranties.The warranties and representations contained in this Agreement extend to Author and its licensees and successors and assigns. By uploading content to KaiReader, you agree that any violation of the warranties below may result in immediate deletion of your account and the forfeiture of accrued earnings.
By submitting Your Work to KaiReader for publication, You, the Author or the Author you represent (if you are an Agent or
Publisher), author’s Publisher or Agent or Distributor, warrant and represent that the work is complete and the author:
- is the only author of the work;
- is the sole owner of the rights herein granted;
- has not assigned, pledged, or encumbered such rights or have not entered into any agreement which would conflict with the rights granted to KaiReader herein; and agrees not to do any of the aforementioned without first removing the work from the KaiReader platform.
- has full right, power, and authority to enter into this Agreement and to grant the rights granted herein.
You further warrant that the work contains no materials which:
- violate any right of privacy which is libellous or violate any personal right or other right of any kind of any person or entity (this includes publishing a person's private email address without their permission;
- would violate any of Your contracts or would disclose any information given to You on the understanding that it would not be published or disclosed;
- plagiarize or pirate any other work or infringe upon any copyright, trademark or other proprietary right;
- Are injurious to End-Users or others including but not limited to recipes, formulae or instructions
- violate state and federal laws.
- makes false, misleading or inaccurate claims or promises in the publication or publication description.
- if your publication/s contain erotica content, neither the cover nor the interior may contain graphic images of nudity (either photographic or illustrated) or persons involved in sex acts, and does not include children or underage minors engaged in sexual acts or situations, witnessing such situations, considering sexual acts, or thinking about sexual acts. Fine art books of a non-erotic nature that contain nudity may be accepted on a case by case basis at the sole discretion of KaiReader and/or its retail partners
- is not the same publication you previously distributed through the KaiReader platform, then resubmitted as a new publication for the sole purpose of having it appear as a new publication again. You may update publications through the appropriate interface or by contacting KaiReader.
- does not contain or comprise machine-generated language translations (all translated publications must be human-translated and edited, not translated by language translation software such as Google Translate).
You Further warrant the publication represents a complete work:
- this is not an unfinished work-in-progress;
- the work is complete and self-contained, and does not try to upsell the user to purchase, or register for, access to information that should have been contained in the publication;
- uploaded e-Books represent a complete story with a beginning, middle and end. Exception: Serials are allowed. Each serial cover image should be different, even if the only difference is a notation on the cover image about the serial's position or episode number in the series. To avoid customer confusion, we recommend it should be clearly identified as a serial in the book.
- You warrant that the metadata for the publication is accurate and true, with every effort made to apply the most appropriate category/genre to a publication. Blatant disregard of this condition, for example, would include listing a publication as belonging to all categories/genres.
- By submitting Your Work to KaiReader for publication, You, the Author or the Author you represent (if you are an Agent or Publisher), author’s Publisher or Agent or Distributor, warrant and represent that the work is complete and the author:
End Users.“End-Users” include authors, publishers and customers. Customers are those who pay whichever fee is set by the Author to purchase or download a Work. Customers are allowed to use each copy of the Work for their personal enjoyment in any reasonable non-commercial manner in compliance with copyright law and pursuant to this Agreement.
Rights of Use.
- i. Purchased works: As End User, you acknowledge that all Work furnished by KaiReader is licensed for the use of the End Users of the Platform and may not be sublicensed or resold. If you purchase a work, you hold a non-exclusive, non-transferable, and non-distributable right of use. In other words, you are free to enjoy it for your own use, but you are not authorized to share, sell, or distribute the work to others.
- ii. Free works including sample works: Free works and sample works distributed on the KaiReader platform are the copyrighted material of the author or publisher, and therefore are not authorized for redistribution without prior written consent from KaiReader. Third parties are not authorized to download, host and otherwise redistribute KaiReader publications without prior written agreement from KaiReader. Directory services and affiliate marketers may reproduce the metadata information found on each publications detail page (cover image, description, price, etc.) provided hyperlinks direct visitors to the KaiReader detail page, and provided users are not charged for access to these listings, and are not required to register their personal information to gain access to these listings.
- Fees and Services. By using the Platform the End User customer is agreeing to pay the fees as presented by KaiReader and set by the Author or Publisher at the time of purchase. The Author sets the price for their individual Works. End User will have an opportunity to review and accept the fees for the purchase the Author is requesting prior to payment. All purchases are final and non-refundable. The Platform may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Platform.
- Rights of Use.
Ownership.You acknowledge and agree that the KaiReader Platform and Service are proprietary to KaiReader and that the Work is proprietary to the Author; that none are proprietary to End User.
Termination.Either party may terminate this Agreement at any time without notice. Registered KaiReaders members may cancel their membership at any time, and authors distributing e-publications may remove their listings at any time. However, purchased publications will not be removed from customers' accounts.
- General. You (Author or End User) will indemnify and hold KaiReader and its licensees, successors and assigns, and its and their distributors, customers, officers, directors, members, employees and agents, harmless against any expense (including, but not limited to, reasonable attorneys’ fees and disbursements) or judgment, settlement or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by You in this Agreement.
- Notice of Claim. Upon receiving notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with or contrary to any of the warranties or representations contained in this agreement, KaiReader shall have the right to withhold any sums payable to the Author in reasonable amounts as security for the payment of the Author’s potential obligations pursuant to the indemnity contained in this paragraph 13. It is intended that the right granted by this subparagraph 13b shall not be unreasonably or frivolously exercised by the KaiReader.
Security. KaiReader shall use physical, administrative, organizational and technical measures to protect the security of
all publications and any other materials provided by the Supplier pursuant to this Agreement and all User Information in their possession
- Authors (or Author’s Agents) can select whether to apply DRM protection to a publication when inputting it to the system. If DRM is applied, the purchased publication is linked to the End Users account details and checked each time the publication is accessed.
- DRM protected publications can be downloaded on up to 10 devices linked to the End User account.
- Content of DRM Protected publications are protected from being Copy/Pasted.
- Events Voiding Warranty. KaiReader does not warrant the (a) defects caused by failure to provide a suitable installation environment for the Product, (b) damage caused by disasters such as acts of God, wars, riots, strikes, terrorism, governmental restrictions, fire, flood, wind, and lightening, (c) damage caused by unauthorized attachments, modifications or mis-configurations to the Kaireader Environment, or (e) any other abuse or misuse by Author or the End-Users. Any breach of the End-User License Agreement by or on behalf of an End-User, including, without limitation, unauthorized modification or distribution of the Product or any portion thereof, will void any and all warranties.
- WARRANTY DISCLAIMER. All Works and the Service is provided to End Users “AS IS” and “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE SELECTION AND USE OF THE KAIREADER SERVICE OR ANY MODIFICATIONS THERETO OR THE WORK IS WITH AUTHOR AND END-USERS. KAIREADER DOES NOT WARRANT THAT THE PRODUCT OR MODIFICATIONS WILL MEET THE REQUIREMENTS OF END-USERS. TO THE EXTENT THAT KAIREADER MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
- LIMITATION ON DAMAGES. IN NO CASE SHALL KAIREADER BE LIABLE TO AUTHOR OR END-USERS, OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN NO CASE SHALL KAIREADER BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, MISPRICINGS, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is the Author/Publisher's responsibility to monitor retailer listings and report errors to KaiReader, in which case KaiReader on a best efforts basis will strive to work with the retailer to correct the error. In the event that KaiReader is found liable for any damages, for any reason whatsoever, Author hereby expressly agrees that, in no event will KaiReaders’ liability to Author exceed the amounts collected by KaiReader for the Author's publication in question.
- Security. KaiReader shall use physical, administrative, organizational and technical measures to protect the security of all publications and any other materials provided by the Supplier pursuant to this Agreement and all User Information in their possession or control.
- Entire Agreement. This Agreement is the entire agreement between the parties concerning the subject matter hereof.
- Governing Law; Severability. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Western Australia. If any portion of this Agreement is held invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
- No Agency. No agency, partnership, joint venture or other joint relationship is created hereby.
- Legal Action. Venue for all purposes hereunder shall be in Perth, Western Australia, and the parties hereto hereby consent to such jurisdiction and venue. If any action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
- Acknowledgement. By using the Service you acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions.
- The KaiReader platform consists of the KaiReader Website and Mobile Applications.
Thank you for reading. Your comments and feedback are welcome. If you need to review this document later, you can find it on our Terms & Conditions Page.
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