First Edition Design Publishing
By using the service available through www.FirstEditionDesignPublishing.com and affiliated domains (the “Site”), You agree to the terms governing the applications, features and functionality available on or through the Site (The “Service”). If you do not agree with these terms, do not use the service.
The following also describes the rights and responsibilities of the Author /Publisher /Agent (referred to as the APA) and First Edition Design eBook Publishing.
1. The Grant and the Territory
2. Publication. First Edition Design Publishing will generally Publish any such submissions which does not violate, or which do not appear to violate the Agreement.
Publication of Work As Is. Generally, First Edition Design Publishing will Publish APA’s Work as it is delivered to us, and not edit or modify the Work. Certain modifications may occur caused by file or design conversions. First Edition Design Publishing does not guarantee accurate preservation of the original Work’s formatting. We do reserve the right to format and edit manuscript in order to present a professional product. We will not censure content.
Publication Right Option of First Edition Design Publishing. First Edition Design Publishing may decide not to Publish APA’s work or may decide to discontinue its publication of APA’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, First Edition Design Publishing will make every attempt to provide reasonable notice to APA via email, up to and including providing instructions on how to remedy potential issues that might prevent First Edition Design Publishing from listing a title.
How to "Unpublish" Works from First Edition Design Publishing. First Edition Design Publishing may Publish the Work until APA of the Work decides to unpublish the work (Please send us an email at firstname.lastname@example.org). APA may notify First Edition Design Publishing in writing to remove the Work. After that notice, First Edition Design Publishing will remove the work from the First Edition Design Publishing distribution list within five business days. If the APA's book has been distributed into major retail channels the removal from the retail partners' digital shelves may take several weeks. First Edition Design Publishing will do its best to assist APAs and publishers to have their works removed, and to ensure APAs who terminate their First Edition Design Publishing accounts receive full payment for sales that may occur up to the date of removal.
Distribution in the First Edition Design Publishing Worldwide. We cannot guarantee total removal from clearinghouses in varying countries. Although we can stop the sales of the ebook, we cannot remove the fingerprint. The ISBN that we assign to your eBook remains the property of First Edition Design Publishing. Due to third party distribution policies, we recommend that if you republish your outside of First Edition Design Publishing you will need to obtain a new ISBN.
Removal of poorly formatted works. First Edition Design Publishing, at its option, may without warning remove a from being added to our distribution points due to extremely poor formatting from the native file. Monies are not refunded, as we take a great deal of time and effort to work with your files. The accounts of APAs who blatantly ignore the formatting requirements or not respond to our requests are removed. We urge all First Edition Design Publishing APAs not to waste the time of First Edition Design Publishing, our retail partners or our readers. We want to make your book the best it can be, that may require your help – help us help you, do not ignore our requests.
Removal of Infringing or Defamatory Work of APA. First Edition Design Publishing takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an Infringed party. Generally, upon receipt of a written notice from a party infringed or defamed by APA’s material (or someone purporting to be his APA, publisher, attorney in fact or assign), First Edition Design Publishing will remove the APA’s Work and reserves the right to remove any and all information about the APA, the APA’s Work or the publisher from the Site.
Infringement by Others Upon APA’s Work. If an APA or copyright holder learns that a third party is violating APA’s copyright or pirating or illegally distributing a First Edition Design Publishing-published work, the APA shall inform First Edition Design Publishing; however, it is the APA’s responsibility to seek relief from the offending parties. If that work is published by First Edition Design Publishing, First Edition Design Publishing will remove it per section 3a above.
Rights Clearances and Other Legal Matters. It is APA’s responsibility to secure permissions to the Work prior to the time APA submits such work if any material from the work belongs to, or has been licensed to, someone else.
4. Copyright. The copyright in the Work shall belong to the APA or the party that APA cites as the copyright holder. APA shall be solely responsible for filing its copyrights and any other intellectual property with the appropriate governmental body. It is the APA’s responsibility to place a copyright notice on the copyright page or some other prominent place in the Work.
5. Formats of Digital Conversions. APA shall submit their Work as a Microsoft Word .doc file, native file or PDF. First Edition Design Publishing shall utilize numerous software technology to convert the book as well as manual human interaction abilities to convert the book into multiple ebook formats, and publish the work for use in sampling, distributing and selling the work. Your submitted file is formatted, converted and reviewed manually and electronically to assure the highest quality. First Edition Design Publishing retains ownership of all internal working documents. Our internal working documents are never released to the APA. Our ultimate service is to distribute your book into various distribution channels using our internal working documents. Exception is only made when conversion services are purchased for the sole purpose of conversion. The documents are released to the APA in the specific formats advertised as “products and or services” under our “Packages” section of our web site.
6. Royalties. So long as the proper copyright protection subsists in the Work, no infringement notices have been filed, and revenues directly attributable to the Work are being collected by First Edition Design Publishing, the APA shall be entitled to the following payments:
Royalty Rates. The proceeds to the APA will vary based on the sales outlet, and the method of the sales. We make every effort to publish your book with the suggested price you supply to us. Due to currency conversion rates, this rate amount may vary. Retail outlets also have the ability to adjust your suggested cost from time to time. Your royalty rate is based off the retail outlets advertised rate. This can vary from time to time due to using a third party publisher. First Edition Design Publishing reserves the right to use a third party for the benefit of the APA. This occasionally happens when a retail distribution point has only assigned a few aggregators to process their catalogs. It is common practice for First Edition Design Publishing to directly publish your book through distribution. First Edition Design Publishing does not retain any royalty proceeds from sales of books. From time to time we cannot control the distribution venues, as they do retain the right to discount your title.
Promotional Rights. First Edition Design Publishing shall have the right to distribute samples of the Work in any form of media, including printed media, in order to promote (a) the APA or APA’s Work and/or (b) the First Edition Design Publishing service. These samples will be licensed for free, non-commercial use, duplication and sharing, and will comply with the sample percentage of 15%- 20%. First Edition Design Publishing is not responsible for marketing your book once it is published. Our job is to place your book on various distribution outlets, it is your job to market the book. We provided you with a tools and platform for your book to be bought worldwide.
Crawlable or Other Searchable Rights. First Edition Design Publishing shall have the right to drive traffic to the APA’s Work on the First Edition Design Publishing Site through general Search Engine Optimization services and crawlable, promotional hypertext links as well as arrangements with third parties which make searchable certain sample portions of the Work.
Other Subsidiary Rights. Other than stated above, First Edition Design Publishing, in its current version, shall only Publish electronic versions and print versions of the Work, and keeps no other subsidiary rights to the Work including audio editions, multimedia editions, theatrical editions, first and second serial rights or media rights other than the electronic version distributed on our Site. If another publisher will allow you to keep electronic rights to the Work, you may continue to Publish the Work electronically while publishing a printed version of the Work with a print publisher and vice versa. These rules are subject to change from time to time, upon electronic or other notice to the End-users and any other users.
7. APA-Controlled Terms. First Edition Design Publishing allows APA to control pricing and output formats, with the exception of terms where otherwise stated in this agreement. Pricing cannot fall below $2.99 per title. First Edition Design Publishing does not at any time publish "FREE" books or issue coupons for discounted titles.
8. Statements, fees and Payments of APA Royalties:
8a. Tax withholding: The United States Internal Revenue Service (IRS) requires First Edition Design Publishing to withhold taxes from net proceeds in cases where proper tax information is not provided. For US residents and US businesses, First Edition Design Publishing requires a SSN or EIN, plus a valid US postal mailing address. If US-based APAs do not provide valid tax id information, then the IRS requires First Edition Design Publishing to withhold 28% of earnings which First Edition Design Publishing must remit to the IRS within days of transacting the payments to APAs/publishers. For APAs and publishers outside the US, the automatic withholding rate is 30%. Many countries have tax treaties with the United States that entitle residents and businesses located in these countries to receive either partial or full exemption from the 30% tax withholding. To qualify, APAs and publishers should first check if their country has a tax treaty. If a tax treaty is in effect, then the APA must apply for and obtain an ITIN from the US IRS. Following receipt of the ITIN, the APA must complete the W8-BEN form (or related form, see IRS instructions), sign it, and return it to First Edition Design Publishing.
9. APA’s Warranties. The warranties and representations contained in this Agreement extend to APA and its licensees and successors and assigns. By uploading content to First Edition Design Publishing, you agree that any violation of the warranties below may result in immediate deletion of your account and the forfeiture of accrued royalties.
a. By submitting Your Work to First Edition Design Publishing for publication, You, the APA warrant and represent that to the extent the APA has given you expressly secured permission from someone else to Publish their Work and the Work is complete and the APA:
Is the only APA 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 First Edition Design Publishing herein; and agrees not to do any of the aforementioned without first unpublishing the work at First Edition Design Publishing. Has full right and power to enter into this Agreement and to grant the rights granted herein
b. You further warrant that the Work contains no materials which:
Violate any right of privacy which is libelous 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.
Advocate hateful, discriminatory or racist views or actions toward others
Advocate or condones violence against another person, whether or not the other party is a willing participant.
Advocate illegal activities.
Advocate the use of Private Label Rights content to make money on the Internet, or the modification of such content for the creation of Internet content.
Contain images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals – unless for educational context, not entertainment context.
Contain hyperlinks to affiliate marketing pages, especially if the ebook is published for the sole intent of publishing hyperlinked content that directs readers to affiliate marketing pages.
Advocate or promote "systems" about how to make money on the Internet by publishing ebooks
Contain SEO keyword spam, either in your manuscript or your metadata tags.
Contain advertisements for services, or contain partial books for the purpose of promoting the purchase of the same book elsewhere through First Edition Design eBook Publishing.
If you publish erotica content, neither the book cover nor the book 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.
c. You further warrant the book meets the following standards for originality:
This is not a public domain work;
The book does not include word-for-word scrapes - or is not a compilation - from Wikipedia or other public domain, government or commercial services;
None of your book content, either in part or in its entirety, is sourced from "Private Label" rights, articles, ebooks or information sources which license the same content to other people;
Does not contain or comprise machine-generated language translations (all translated books must be human-translated and edited, not translated by language translation software such as Google Translate);
d. You further warrant the book represents a complete work:
This is not a work-in-progress;
The uploaded file is not a partial sample or sample chapter, or is not a collection of sample chapters
The uploaded book represents a complete story with a beginning, middle and end.
10. End Users. “End-Users” who pay whichever fee is set by the APA to purchase a Work are allowed to use each copy of the Work in any reasonable non-commercial manner in compliance with copyright law and pursuant to this Agreement.
a. Rights of Use.
Purchased works: As End User, you acknowledge that all Work furnished by First Edition Design Publishing is licensed for the use of the End Users of the Site 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.
Free works including sample works: Free works and sample works published at First Edition Design Publishing are the copyrighted material of the APA, and therefore are not authorized for redistribution without prior written consent from First Edition Design Publishing. Third parties are not authorized to download, host and otherwise redistribute First Edition Design Publishing books without prior written agreement from First Edition Design Publishing. Directory services and affiliate marketers may reproduce the metadata information found on each book's book page (cover image, book description, price, etc.) provided hyperlinks direct visitors to the First Edition Design Publishing book 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.
11. Ownership. You acknowledge and agree that the First Edition Design Publishing Site and Service are proprietary to First Edition Design Publishing and that the Work is proprietary to the APA; that none are proprietary to End User.
12. Termination. Either party may terminate this agreement at any time without notice or cause.
General. You (APA) will indemnify and hold First Edition Design Publishing and its licensees, successors and assigns, and its and their distributors, customers, officers, directors, members, employees and APAs, 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 paragraph 10, First Edition Design Publishing shall have the right to withhold any sums payable to the APA in reasonable amounts as security for the payment of the APA’s potential obligations pursuant to the indemnity contained in this paragraph 13. It is intended that the right granted by this subparagraph 13(2) shall not be unreasonably or frivolously exercised by the First Edition Design Publishing.
14. Disclaimer of Publisher’s Warranties.
DRM, Piracy and the “Honor” System. First Edition Design Publishing is a strong proponent of APA’s rights, and the right of APAs and copyright owners to receive compensation for their digitally published Works. Therefore, First Edition Design Publishing strongly discourages piracy/infringement of APA Work and encourages customers to purchase licensed copies. However, First Edition Design Publishing does not always publish works containing digital rights management schemes that limit the customer’s ability to consume APA’s Work as they see fit. Therefore, First Edition Design Publishing cannot completely prevent piracy/infringement of APA’s Work (the reality of the matter is that even DRMed content can be reproduced and pirated, just as easily as a printed book can be scanned and digitized). When APA lists the Work on First Edition Design Publishing you are trusting the consumer to honor your legal copyright and abide by the licensing terms you set. There is a growing body of evidence indicating that DRMed Works do not sell as well as non-DRMed Work because customers resent limitations and don’t appreciate being mistrusted. Non-DRMed Works often outsell DRMed Works by leveraging the viral nature of uninhibited sampling and sharing which can dramatically increase your total audience and sales opportunities. There is also evidence that by pricing your Works for less than printed equivalents, you can further decrease piracy and increase sales volume. You understand that First Edition Design Publishing is distributing the Works according to the honor system. Some areas of distribution we do add the DRM, however we feel the blurbs we place on the title sheet of your eBook is sufficient enough to keep people honest.
Events Voiding Warranty. First Edition Design Publishing 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 unAPAized attachments, modifications or mis-configurations to the First Edition Design Publishing Environment, or (e) any other abuse or misuse by APA 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 FIRST EDITION DESIGN PUBLISHING SERVICE OR ANY MODIFICATIONS THERETO OR THE WORK IS WITH APA AND END-USERS. FIRST EDITION DESIGN PUBLISHING DOES NOT WARRANT THAT THE PRODUCT OR MODIFICATIONS WILL MEET THE REQUIREMENTS OF END-USERS. TO THE EXTENT THAT FIRST EDITION DESIGN PUBLISHING 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 FIRST EDITION DESIGN PUBLISHING BE LIABLE TO APA 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 FIRST EDITION DESIGN PUBLISHING OR ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, MISPRICINGS, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is the APA responsibility to monitor retailer listings and report errors to First Edition Design eBook Publishing, in which case First Edition Design Publishing on a best efforts basis will strive to work with the retailer to correct the error. In the event that First Edition Design Publishing is found liable for any damages, for any reason whatsoever, APA hereby expressly agrees that, in no event will First Edition Design eBook Publishing’ liability to APA exceed the amounts collected by First Edition Design Publishing for the APA's book in question.
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 Florida. 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 Sarasota County, Florida, 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and the year upon which the APA first approved such Terms of Service.
Anti-Spam Policy and Enforcement
First Edition Design Publishing APAs are prohibited from promoting their works via spam email (sure signs of spam: false "senders" or "reply to addresses, inoperable or non-existant unsubscribe/remove options, multiple receipts of the same email, superfluous text designed to confuse spam filters, and misleading subject lines). First Edition Design Publishing APAs who are found to be spamming will risk termination of their account and removal of their works. If you believe you have been the recipient of a spam email from a First Edition Design Publishing APA, please forward the entire email message, with full headers on, support (@) FirstEditionDesign.com.
Digital Millennium Copyright Act - http://www.copyright.gov/legislation/dmca.pdf
First Edition Design eBook Publishing, Inc.