Terms of Service

Welcome to AuthorStand!  

AuthorStand, LLC. (“AuthorStand”, “us”, “we”) provides the Services (defined below) to you accessible through the AuthorStand website (the “Website”) subject to the following Terms of Service, which may be updated from time to time by us without any notice to you.  The Terms of Service, together with the AuthorStand Privacy Policy and any other policies included on the Website, all of which are hereby incorporated by reference into the Terms of Service (the “Agreement”), sets forth the legally binding terms for your use of the Services, whether as a “Member” (meaning you have registered and set up an account with AuthorStand) or as a “Visitor” (meaning you are simply browsing the Website).  Members and Visitors are collectively referred to herein as “Users.”

BY USING THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES OFFERED ON THE WEBSITE.  ACCORDINGLY, PLEASE REVIEW THIS AGREEMENT WHENEVER ACCESSING, LINKING TO, OR USING THE WEBSITE.  IF YOU USE THIS WEBSITE AFTER WE POST MODIFICATIONS TO THE AGREEMENT, THEN YOU WILL BE BOUND BY SUCH MODIFICATIONS. ANY TERMS AND CONDITIONS PROPOSED BY YOU WHICH ARE IN ADDITION TO OR WHICH CONFLICT WITH THE AGREEMENT ARE EXPRESSLY REJECTED BY US AND SHALL BE OF NO FORCE OR EFFECT.  

You can review the most current version of the Terms of Service at the following link at any time:
http://www.AuthorStand.com/terms.aspx

Description of Services. 

AuthorStand is an online retail outlet which provides the following services (collectively, the “Services”): (a) Users and Visitors may browse the Website, (b) Visitors may register with AuthorStand and create an account with AuthorStand to become a Member, (c) Members may use our personal publishing tools to publish ebooks and make available ebooks for sale to our other Members, (d) Members may purchase our Members’ ebooks and (e) Users may have access to any other features, goods or services we may decide to offer from time to time.

Eligibility; Proper Use of the Services and Website.

You must be at least thirteen (13) years of age to use the Services.  You agree that you are responsible for your own use of the Services, for any posts you make, and for any consequences thereof. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.  You represent and warrant that you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.  You will not use (a) the Services or (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.  AuthorStand reserves the right to refuse the Services to anyone at any time without notice for any reason.

Registration and Account Creation.

As part of the registration and account creation process necessary to become a Member and purchase and sell ebooks, you will select a username and a password.  You will provide AuthorStand with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (a) select a username already used by another person; (b) use a username in which another person has rights without such person's authorization; or (c) use a username or password that AuthorStand, in its sole discretion, deems offensive or inappropriate.  AuthorStand reserves the right to deny creation of your account or your registration for any reason.  You shall be solely responsible for maintaining the confidentiality of your password.  You shall immediately notify AuthorStand of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.  You are fully responsible for all usage and activity on your account, including, but not limited to, use of your account by any third party. We reserve the right to cancel transactions of any kind, including purchases, downloads, ratings, reviews, etc., from accounts we deem to be fraudulent or misleading in any way.  Notwithstanding anything else herein, AuthorStand reserves the right to pursue any and all claims against any user of your account.

AuthorStand Content Policy.

As a condition to using the Services, you agree to the terms of the AuthorStand Content Policy and the rules and restrictions therein, which is incorporated by this reference into this Agreement and can be found here.  AuthorStand may, in its sole discretion, modify or revise the AuthorStand Content Policy at any time, and you agree to be bound by such modifications or revisions, as of the date such modifications or revisions have been made available on the Website.

AuthorStand Copyright Policy.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please refer to our Copyright Policy for information on how to file or respond to a notice of infringement.

AuthorStand Privacy Policy.

As a condition to using the Services, you agree to the terms of the AuthorStand Privacy Policy and the rules and restrictions therein, which is incorporated by this reference into this Agreement and can be found at http://www.authorstand.com/privacy.aspx.  AuthorStand may, in its sole discretion, modify or revise the AuthorStand Content Policy at any time, and you agree to be bound by such modifications or revisions, as of the date such modifications or revisions have been made available on the Website.

General Practices Regarding Use and Storage.

You agree that AuthorStand shall have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service.  AuthorStand retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

Enforcement by AuthorStand.

Much of the Content of the Website, including the User Content, is provided by and is the responsibility of Users, advertisers and other third parties.  AuthorStand assumes no obligation to monitor the content of AuthorStand.com, and takes no responsibility for any Content other than the AuthorStand Content.  AuthorStand merely provides its Users access to such Content as part of the Services.

AuthorStand reserves the right at all times to remove or refuse to distribute any Content on the Website, such as Content which violates the terms of this Agreement.  AuthorStand also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of AuthorStand, its users and the public. AuthorStand will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Due to the nature of the Services, the Website may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive.  We expect that you will use caution and common sense and exercise proper judgment when using the Website.  Users should refer to our Content Policy referenced above prior to submitting any Content via the Services.

AuthorStand does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted on the Website or otherwise made available via the Services or endorse any opinions expressed via the Services. You acknowledge that any reliance on Content posted on the Website will be at your own risk.

AuthorStand's Content. 

You acknowledge that AuthorStand owns all right, title and interest in and to the Services and all text, files, software, images, photos, video, sounds, and other works of authorship and material (collectively, the “Content”) on the Website, other than User Content or third-party Content as described below (collectively, the "AuthorStand Content").  AuthorStand Content is protected by copyright and intellectual property laws.  Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the AuthorStand Content.  You also agree that you will not use any robot, spider, other automated device, or manual process to monitor, copy or reverse engineer any Content from the Website. 

The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of AuthorStand or other third parties.  You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.

Third Party Content.

Content from other Users, advertisers, and other third parties is made available to you through the Services.  AuthorStand claims no ownership or control over any Content submitted, posted or displayed by you or any third party on or through the Services.  You acknowledge and agree that AuthorStand does not control such Content and is not responsible for any such Content, including advertising and information about third party products or services.  Further, AuthorStand makes no guarantees about the accuracy or quality of such Content, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.

Your interactions with other Users, advertisers or third parties, are solely between you and the other User, the advertiser, or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content).  You agree that AuthorStand will not be responsible for any loss or damage incurred by you as the result of any such interactions and dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), AuthorStand is not obligated to become involved; however, AuthorStand reserves the right to monitor disputes between you and other Users.

Your Content.

You represent and warrant that you own or otherwise possess a valid right and license to the Content that you provide to others or post to the Website using the Services (the “User Content”), whether included in any of your ebooks or otherwise, including the portion of your eBook Content selected by you and publicly displayed to all Users on the Website as a sample of your e-Book Content, the title, author name and any graphics or “book covers” uploaded and publicly displayed on the Website (collectively, the “e-Book Sample Content”).  User Content also includes your “e-Book Content” which is the complete original work of authorship provided by you to other Members of the Website through the Services (whether or not for a cost).  Further, you represent and warrant that your User Content does not infringe, misappropriate or otherwise violate the intellectual property, privacy, publicity or any other rights of any third party.  You also represent and warrant that your eBook Content is an original work of authorship and is not in the public domain.  AuthorStand reserves all rights to publish, sell, have sold, display or otherwise make available on the Website or through the Services any and all literary works in the public domain.  You are solely responsible for any and all User Content that is posted by or through your account on the Website or the Services.  

You hereby grant AuthorStand a worldwide, non-exclusive, fully-paid, royalty-free license to use your e-Book Content solely as necessary to store such e-Book Content on the Website and transmit or otherwise make available to those Members who have purchased a copy of your e-Book through the Services.  You also hereby grant AuthorStand a worldwide, non-exclusive, fully-paid, royalty-free license to reproduce, create derivative works, publicly display, distribute, use and otherwise make available only your e-Book Sample Content that you have chosen to upload and make available on the Website solely in connection with and as a part of AuthorStand’s marketing, advertising and other promotional materials and efforts.  Subject to the foregoing licenses, you will retain all rights, including ownership of all copyrights and other intellectual property rights in and to your User Content.

You may choose to offer your User Content through the Services to any third party under a public license (e.g., a Creative Commons license), whether by manually marking your materials as such or using AuthorStand’s service tools to do so. For avoidance of doubt, AuthorStand will not be a party to any such public license and shall be between you and such third party.  The terms, conditions and scope of such public license shall be determined by you.  Also, for avoidance of doubt, AuthorStand may choose to exercise the rights granted under (a) any public license that you apply to your User Content and become a party thereto or (b) this Agreement.

No Resale of the Services, User Content or AuthorStand Content.

Unless expressly authorized in writing by AuthorStand or provided in an applicable public license with respect to particular User Content, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Services or (b) any User Content (other than your User Content) or (c) any AuthorStand Content.

Third Party Links.

The Website may contain links to or from other websites.  We do not have control over, review or have responsibility for these other websites or their content.  Please be aware that we are not responsible for the privacy practices of other websites and our Privacy Policy does not apply to other websites.  We encourage you to read the privacy policies of other websites that you link to from our Website or otherwise visit.

Term and Termination; Modification of Services.

This Agreement (as modified from time to time) shall remain in full force and effect while you use the Services or are a Member.  The rights granted to you herein terminate immediately upon any violation by you of the Agreement.  AuthorStand reserves the right to terminate, suspend or modify your access to the Services at any time and for any reason without notice, including without limitation, deleting your account and terminating your Membership.  You may delete your account and end your Membership at any time by following the instructions on our Website.  AuthorStand further reserves the right at any time and for any reason to modify or discontinue, temporarily or permanently, the Services or any portion of the Services with or without notice to you.  You acknowledge and agree that AuthorStand shall not be liable to you or any third party for any modification or discontinuance of the Services or any portion thereof.  Applicable sections of this Agreement (including the section regarding limitation of liability) shall remain in effect following any termination or expiration of this Agreement.

Fees and Payment Terms. 

You acknowledge that AuthorStand reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting on the Website.  In order to purchase Content, services, or tools through the Services, User must possess either a valid credit card or a PayPal account (https://www.paypal.com). 

During the publishing process, Members publishing eBook Content (“Publishing Members”) will select a Final Sale Price for each item of eBook Content sold.  If AuthorStand sells your content, and we receive payment, AuthorStand will pay you 75% of the Gross Sale Price after an initial fee of $0.25 is subtracted (“Creator Revenue”) and the remaining 25% will go to AuthorStand; provided that, AuthorStand reserves the right to require a minimum Final Sale Price for each item sold.  (For example, if a User publishes a book with a Final Sale Price of $4.25, the revenue generated will be divided as follows: Initial $0.25 fee to AuthorStand, $3.00 to the User, $1.00 to AuthorStand.)  The Final Sale Price will be exclusive of income taxes, sales or use taxes, or other taxes, duties or levies imposed on the production, sale, transmission or use of the eBook Content.  Publishing Members shall pay all taxes and like charges assessed upon the sale or transmission of the eBook Content, or otherwise by reason of the use of the Services, without deduction from or credit against any amounts payable to us (i.e., our fees and 25% payment) under this Agreement.  All amounts due under this Agreement, including the Creator Revenue will be calculated in U.S. Dollars.

If you are a Publishing Member, the amount of Creator Revenue due to you from AuthorStand will generally be visible when you access your account.  Each Publishing Member has an option to either receive his or her Creator Revenue via PayPal or via paper check.   Paypal payments may be made in Euros, GBP, or USD.  All paper check payments are made in USD.  Currency conversions will be made in accordance with AuthorStand’s standard business practices.
Publishing Member’s opting to receive Creator Revenue via paper check, will be paid on a quarterly basis.  AuthorStand will make a good faith effort to send a check no later than 45 days following the end of the calendar quarter using the contact information in your account profile.  If AuthorStand owes you less than $50 in Creator Revenue for any given calendar quarter, we reserve the right, at our discretion, to roll your Creator Revenue forward to the following quarter until such time as the Creator Revenue is equal to or greater than $50.

Publishing Member’s opting to receive Creator Revenue via PayPal, will be paid on a monthly basis.  AuthorStand will make a good faith effort to make a payment no later than 31 days following the end of the month using the contact information in your account profile.  If AuthorStand owes you less than $25 in Creator Revenue for any given month, we reserve the right, at our discretion, to roll your Creator Revenue forward to the following month until such time as the Creator Revenue is equal to or greater than $25. 

It is your responsibility to maintain accurate contact and/or paypal account information in your account profile.  AuthorStand will attempt to contact you once each month for three (3) consecutive months (each a “Payment Attempt”).  Each time AuthorStand makes a Payment Attempt and it is unsuccessful as a result of inaccurate or unavailable information in your account profile or because you have terminated your account, AuthorStand reserves the right to deduct up to $100 from the outstanding balance of your Creator Revenue to supplement its administrative and other costs.  After three (3) unsuccessful Payment Attempts, you will have been deemed to forfeit the remainder, if any, of your Creator Revenue.  Further, after our first unsuccessful Payment Attempt, AuthorStand will remove your public profile from the Website and will no longer make available any of your eBook Content via the Services, either for display or for sale, until you have updated your account information and notified AuthorStand of the sama. 
 

Indemnification.

You agree to hold harmless and indemnify AuthorStand, and its subsidiaries, affiliates, officers, agents, partners, licensors and employees from and against any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature arising from or in any way related to your use of the Services, Content you submit, post, sell, or otherwise make available through the Services or the Website, your violation of this Agreement, your violation of any law or regulation or your violation of any rights of another.

DISCLAIMERS.

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, (a) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE, (B) AUTHORSTAND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUTHORSTAND AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY CONTAINED HEREIN, AUTHORSTAND’S LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO ANY CAUSE OF ACTION WHATSOEVER, WILL BE LIMITED TO THE GREATER OF (a) THE AMOUNTS YOU PAID TO AUTHORSTAND WITHIN THE TWELVE MONTHS PRECEDING THE ACCRUAL OF THE CLAIM OR (b) ONE HUNDRED U.S. DOLLARS ($100).  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Release.

You hereby release AuthorStand, its officers, employees, agents, representatives and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Miscellaneous.

Notices.  AuthorStand may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your email address on record with AuthorStand or by regular mail to your address on record with AuthorStand.  Such notice shall be deemed to have been given upon the expiration of fort-eight (48) hours after mailing (if sent by regular mail) or twelve (12) hours after sending (if sent by email) or immediately upon posting to the Website. You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to AuthorStand at the following address:  AuthorStand, LLC. 13007 W. Linebaugh Ave. Tampa, FL 33626.

Entire Agreement.

This Agreement, including the Privacy Policy, Content Policy and other policies of AuthorStand made available on the Website, constitutes the entire agreement between you and AuthorStand and governs your use of the Service, superseding any prior agreements between you and AuthorStand. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AuthorStand services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms.

The failure of AuthorStand to exercise or enforce any of its rights under this Agreement shall not constitute a waiver of such right or provision.  If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, illegal or void, you and AuthorStand nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to your use of the Services, the Website or arising out of or related to this Agreement must be filed within one (1) year from the date such claim or cause of action arose or be forever barred.

Choice of Law; Jurisdiction; Forum.

Unless otherwise specified, AuthorStand controls and operates this Website from our offices in the state of Florida, United States of America.  Further, you agree that the Website is a passive Website that does not give rise to jurisdiction over AuthorStand in jurisdictions other than Florida.  AuthorStand does not claim that the services are appropriate or available for use in locations other than the United States.  By using the Services, you agree that this Agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions.  You agree that the proper, exclusive, and convenient venue for any arbitration or litigation arising under this agreement is Hillsborough County, Florida, and you hereby consent and submit to personal jurisdiction of the courts in Hillsborough County, Florida for purposes of any such arbitration or litigation.

U.S. Export Controls.

Content and software available in connection with the Services is further subject to United States export controls.  No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content and software, you represent and warrant that such download or use is not in violation of any such law.

 

These terms were last updated on February 1, 2011.