Terms of Services
Terms of Service
OVERVIEWThese Terms of Service are a contract between you and Booklify.ng. Under these Terms of Service, Booklify will:
1. Convert your manuscript into a common ebook format.
2. Deploy your ebooks to leading our online bookstore.
3. Provide online reports to you concerning sales of your ebooks.
4. After deducting a 25% commission on net sales, pay you royalty each month upon reaching a threshold of N5,000.
You, the author:
1. Are and will remain the owner of your books and all rights to them. Booklify has a right to commissions on sales under the Terms of Service, but has no claim to the copyrights or any other rights pertaining to your books. You are the owner of the ebook files Booklify creates.
2. Set the sales price of your ebooks and write the description that appears in the booklify online bookstore. You can change either the price or description at any time.
3. Can delist any of your ebooks from Booklify or terminate the Agreement at any time. Booklify is entitled to its 25% commission on sales of your books prior to delisting. Thereafter, Booklify has no further rights to any income from your books. You are free to do whatever you like with your books.
The Overview is a summary of the Terms of Service. The Terms of Service themselves are the contract or agreement between Booklify and you. Given the importance of these Terms of Service, which constitute a binding contract, we encourage you to study them carefully.
If you do not comply with this Agreement at any time, Booklify.ng reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your Customer account, if any. In Booklify's sole discretion and without prior notice or liability, Booklify may discontinue, modify or alter any aspect of the Service including, but not limited to:
(i) restricting the time the Service is available;
(ii) restricting the amount of use permitted; and
(iii) restricting or terminating any user's right to use the Service.
You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your Customer account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that Booklify shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Booklify in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Customer account, as applicable.
2. Digital Content and Distribution Rights.All literary works on the Service (each, “Digital Content”) are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of, and access to any Digital Content is available only to Customers and is intended only for such Customers’ personal and non-commercial use. Any other use of Digital Content downloaded or accessed from the Service is strictly prohibited. Customers may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part. By downloading or otherwise accessing Digital Content from the Service, the Customer hereby acknowledges and agrees to these terms.
You must provide to us a completed manuscript in Microsoft Word or Word-compatible format for each Ebook you desire to distribute through the Service. You may also provide a cover unless you would like us to generate one for you. We will use your manuscript to create and format your Ebook. The style of such formatting shall be determined by us. We are not responsible for any errors in the manuscript you provide for us as the basis for your Ebooks.
We are entitled to determine what content we accept and distribute through the Service in our sole discretion. If we request that you provide additional information relating to your Ebooks, such as information confirming that you have all rights required to permit our distribution of the Ebooks, you will promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the Ebooks and the accuracy of the information or documentation you provide to us with respect to those rights.
We may, but are not obligated, to provide you the option to apply DRM technology in connection with the distribution of your Digital Books. If we provide you the option to apply DRM technology, you acknowledge that we make no representations as to the efficacy of the DRM and will not be responsible for any failure of the DRM.
3. Payment and Payment Methods.Only Customers may purchase Digital Content on the Service. Booklify will collect a 25% commission on net royalties, pay you (“the Publisher”) the remainder of your applicable royalties (75%) each month after receiving royalties from our online bookstore. The payment of Royalties shall be in Nigerian Naira currency.
The Service accepts the following credit cards: MasterCard, Verve, and Bank deposit or transfer.
Depending on the country in which you are making your purchase, the list price of the book will be converted to the sale currency of the originating country at the current exchange rate determined by the payment gateway.
When a credit card is being used for a purchase, Booklify may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to the credit card occurs at the time of purchase, or shortly thereafter.
• the ability to access the Customer’s account and purchase Digital Content (including a listing of Customer’s literary works) via the booklify.ng platform, including on the Customer’s devices such as eReaders, tablets, mobile phones, and personal computers (“Devices”) and via the booklify website;
• the ability to purchase, access, view, download, store, and read Digital Content on the Customer’s Devices from within the Customer’s account while utilizing a Booklify application;
• unlimited storage of Digital Content purchased or downloaded via the Customer’s account on the Booklify systems, which can be accessed at all times when the Customer is logged into their account and using the Booklify application; and
• the ability to access certain functionality within Digital Content such as highlighting, in-app search, bookmarking, and annotations
If you are a Customer then you agree to the following:
(i) in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian, and are not a person barred from receiving services under the federal laws of Nigeria or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data"); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Booklify has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
(ii) Customers will create a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify Booklify of any unauthorized use of your password or account or any other breach of security; and
(b) ensure that you exit from your account at the end of each session.
5. Restrictions on Use.These terms apply to all users of the Service, whether or not you are a Customer.
A. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that
(i) violates or infringes in any way upon the rights of others,
(ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or
(iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Booklify's express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services. You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services.
Any conduct by you that in Booklify's discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted. Some areas of the Service may allow Users to post reviews, comments, questions, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
B. All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement ("Site Content"), are the proprietary property of Booklify or its licensors with all rights reserved.
Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Booklify at any time without notice and with or without cause.
C. You shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you.
You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted Booklify the royalty commision, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user's personal use. You grant Booklify the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to Booklify for sale on the Service by a publisher or other content provider.
D. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you, including logging into a server or account which you not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
(c) using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
(d) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Booklify's systems or networks, or any systems or networks connected to the Service or to Booklify;
(e) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Customer or visitor to the Service, or any other customer of Booklify, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;
(f) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing";
(g) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(h) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Booklify's ability to monitor or make available the Service; or
(i) taking any action in order to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. Booklify will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Customer) who is involved in such violations.
6. Disclaimer of Warranty; Limitation of Liability.A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER Booklify, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
B. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.
C. IN NO EVENT WILL Booklify, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BOOKLIFY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BOOKLIFY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.