This Service Agreement with Westwood Books Publishing sets the standard terms and conditions for the various publishing and marketing services offered. This Agreement will be entered into by Westwood Books Publishing and the AUTHOR.
WEBSITE ACCESS: AVAILABILITY, ERRORS, AND INACCURACIES
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Author represents that he or she is the sole author of the Work and is the owner of the copyright to all of its contents; that he or she has not engaged in plagiarism and that the Work, if fiction, represents no real event or person(s) that could in any way be deemed libelous and that, if nonfiction, does not misstate or omit any fact which would libel any person(s) or result in a person(s) being placed in a false or damaging light; and that the Work does not infringe the copyright, trademark or privacy of any third party; and that he or she is owner of any trademarks and/or trade names associated with the Work; that the Work does not constitute obscenity or hate literature and that the author has the right to enter into this Agreement.
Author represents and warrants that s/he is eighteen years of age or older. If Author is under the age of 18 years of age, then Author represents and warrants that Author’s parent or legal guardian is executing this Agreement and assuming all liability for the warranties and responsibilities set forth herein.
DISCLAIMER OF WARRANTIES
Westwood Books Publishing does not guarantee sales success from the services provided. Westwood Books Publishing is not liable for any level of achievement or failure of his/her work, may it be directly or indirectly related to the purchase and use of our products and services.
The Author agrees to obtain all permissions that are necessary for the use of materials copyrighted by others. The cost of providing these permissions shall be borne by the Author. Permissions shall be obtained in writing and copies shall be provided to Westwood Books Publishing when the manuscript is delivered.
COPYRIGHT AND TITLE REGISTRATION
Both parties, Westwood Books Publishing and the Author have the right, but not the obligation, to register the Author’s copyright for the completed WORK with the Copyright Office, Library of Congress. According to the Copyright Law of 1976, the rights to all design and art work, including but not limited to photography and or illustration created by independent photographers or illustrators retained by Designer, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of All Rights (A Buyout) is negotiated with Designer and/or his/her authorized representative, you may not use or reproduce the design or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, prints, drawings, separations, etc.) within two weeks, and to provide us with printed samples of each project. We reserve the right to photograph and/or distribute or publish for our company’s promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media.
ROYALITIES & PRICING
Author receives 100% of the Royalties Profit for each wholesale print copy sold for which Westwood Books Publishing receives payment, minus shipping, handling and processing fees. Royalties profit is defined as the difference between the Base Price and the Wholesaler’s Price. Royalties will be computed every quarter and will be paid by check, two weeks after a quarter ends. The check will be mailed to the Author’s address as supplied by the author in this agreement. Checks not cashed by the Author within 90 days of issue will be cancelled by the bank and subject to a $25 administrative fee if the Author requests a replacement check. The author is responsible for maintaining a current address on file. Any royalty check which is returned as undeliverable due to an outdated address in the Author’s Center will be reissued to the author within 90 days of the author’s request (administrative fees, defined herein, apply). Any royalties unclaimed after two years revert to Westwood Books Publishing.
The Author agrees to indemnify, defend and hold harmless Westwood Books Publishing, its employees, shareholders, directors, partners, representatives, successors and assigns of, from any and all manner of claims, liabilities, damages, losses, expenses (including attorney’s fees), awards, and judgments resulting from claims of third parties regarding ownership, libel, slander, plagiarism, privacy violations, copyright infringement, misappropriation, and similar claims arising from publication of the Work. Westwood Books Publishing may be represented in any proceeding by counsel of its choice; the Author may retain additional counsel at his or her own expense.
TERMS & EXCLUSIVITY
This Agreement is nonexclusive; the Author retains the copyright for this Work and may enter into other publishing agreements. Either party has the option to terminate the Agreement at any time, with or without cause. If the Agreement is terminated by the Author prior to publication, publishing fees less any fees for pre or post publication services such as page layout or any add-on service already fulfilled, will be refunded (or applied against any outstanding amounts in the Author’s account.) If the Agreement is terminated by Westwood Books Publishing, all publishing fees will be refunded in full (or applied against any outstanding amounts in the Author’s account). Publication fees are defined as those fees directly associated with disk and/or paper manuscript submission. Fees related to other pre or post publication services, such as data entry, corrections, cover design, image processing, or book sales, are not refundable. Fees for the publication of subsequent editions of the Work are not refundable. If the Agreement is terminated by Westwood Books Publishing due to a breach of Agreement by Author, no fees shall be refunded.
All notices to Westwood Books Publishing must be sent in writing to its office at Port Saint Lucie, FL 34987. All notices to the Author shall be in writing to the address specified by the Author.
This written Contract contains the sole and entire Agreement between the parties and shall supersede any and all other prior agreements between the parties. This Agreement may not be modified or amended except in writing signed by the party against whom such modification or amendment is sought to be enforced.