"Literature... cut short by the intrusion of force... is not merely interference with freedom of the press but the sealing up a nation's heart, the excision of its memory."
—Aleksandr Solzhenitsyn, Russian novelist
Lot’s Cave Inc.
Science & Technology
Ebook Publishing Agreement
UPDATED AUGUST 21, 2014
This document applies to e-
By using the ebook compiling, publishing, and retail distribution service available at www.EuromarkCompany.com (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 describes how users of the Site who purchase downloadable digital books ("End Users") can download material, and how they may use that work by the person or entity who posted the work (the "Author").
The following also describes the rights and responsibilities of the Author and Lot's Cave EuroMark eBooks. Any user of this Site who downloads, reads, or previews any Work on the Site is referred to as an "End User."
1. The Grant and the Territory: The Author hereby grants and assigns to Lot's Cave
2. Publication: EuroMark will not publish any adult submission involving erotica, pornography or other adult materials which appear to violate, the Agreement, at its discretion.
2a. Publication of Work As Is: Generally, EuroMark prefers to publish Author's Work as it is delivered to us, and not edit or modify the Work. Provided the Work passes most basic spellcheck functions, meets basic grammar rules, and is reasonably well written, EuroMark will not modify the Work except to insert Lot's Cave EuroMark front matter and various end matter at its discretion. However, because Lot's Cave also publishes new Authors' Works, EuroMark will make modifications where a work references other publishers, or where the Author's work repeatedly does not pass basic spellcheck and grammar rules. If an Author specifies "Do Not Modify," Lot's Cave will not modify any particular work, but will only publish it, provided it meets necessary quality standards.
Notwithstanding anything to the contrary, certain modifications may occur to any work that are caused by file or design conversions and necessary style changes for digital machine reading. Lot's Cave does not guarantee accurate preservation of the original Work's formatting.
2b. Publication at Option of Lot's Cave, Inc.: EuroMark may decide not to publish
Author's work, or may decide to discontinue its publication of Author's work, for
any reason or for no reason, and no reason need be provided. Except in cases of gross
violations of this Publishing Agreement's Terms of Service (TOS), EuroMark will make
every attempt to provide reasonable notice to Author via e-
2c. How to "Unpublish" Works from Lot's Cave, Inc.: EuroMark may publish the Work
until Author of the Work decides to unpublish the work (to unpublish, access the
EuroMark ‘Contact' page, or send an e-
2d. Removal of poorly formatted works: EuroMark clearly communicates herein to all Authors their responsibility to study and implement the EuroMark Style Guide's formatting requirements prior to uploading a manuscript to EuroMark. EuroMark, at its option, may without warning delete the accounts of Authors who blatantly ignore the formatting requirements. We urge all EuroMark Authors not to waste the time of EuroMark, or our readers.
3a. Removal of Infringing or Defamatory Work of Author: EuroMark takes claims of infringement seriously, and may take immediate action upon notice from someone claiming to be an Infringed party and pursuant to our DMCA policy (see policy at end of this document).
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, or attorney in fact or assign), EuroMark will remove the Author's Work, and reserves the right to remove any and all information about the Author and the Author's Work from the Site.
3b. Infringement by Others Upon Author's Work: If an Author or copyright holder learns
that a third party is violating Author's copyright, or pirating or illegally distributing
3c. Rights, Clearances, and Other Legal Matters: It is the 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.
4. Content Policy: Authors, Editors, and Contributors, using EuroMark are responsible
for complying with the Content Policy. EuroMark may update or alter the Content Policy
at any time. You are responsible for checking for updates and your continued use
of the EuroMark after we post amendments will constitute your acceptance of the changes,
as described in this EuroMark E-
EuroMark reserves the right to determine, in the exercise of our sole discretion, whether or not your content (including, but not limited to your eBook file, cover image, and product data) is compliant with the Content Policy. This includes but is not limited to content we deem illegal, libelous, infringing, offensive, harmful or potentially harmful, threatening, harassing, legally obscene, defamatory, or intentionally hateful in any regard.
We also reserve the right to remove from sale your eBook or other content at any time, if we determine, in our sole discretion, that the content in your eBook is not appropriate for sale through EuroMark for any reason, or no reason.
You are responsible for knowing and following all local, national, or international laws regarding publishing content that are relevant to you or your business.
Please be advised that submitting or posting any of the following content in your
eBook file, cover image, or product data may, in the exercise of EuroMark's sole
and unfettered discretion, result in the removal of said content and/or termination
of your account. Please be advised that the content listed represents examples only
and the following list of content is non-
5. Copyright: The copyright on 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.
EuroMark will retain ownership of the copyright on all e-
6. Formats of Digital Conversions: Author shall submit their Work as a Microsoft
Word .doc or .docx file, or a RTF file. EuroMark shall utilize its various technologies
to convert the book into multiple e-
7. Royalties: So long as the proper copyright protection exists in the Work, no infringement notices have been filed, and revenues directly attributable to the Work are being collected by EuroMark, the Author shall be entitled to the following payments:
7a. Royalty Rates: A two-
7b. Free Copies: As administrator of your work, Author may use the EuroMark platform
to distribute complimentary copies of the Work, or personally e-
7c. Promotional Rights: Unless specified in writing by the Author prior to submission
of said Work, EuroMark shall have the right to distribute samples of the Work in
any form of media, including printed media, in order to promote (a) the Author or
Author's Work and/or (b) the EuroMark self-
7d. Crawlable or Other Searchable Rights: EuroMark shall have the right to drive traffic to the Author's Work on the EuroMark Site through (a) general Search Engine Optimization services (b) crawlable, promotional hypertext links, or (c) arrangements with third parties which make searchable certain sample portions of the Work. In the event that revenue is realized by EuroMark from this arrangement, it shall be treated as an electronic edition under Section 6a.
7e. Other Subsidiary Rights: Other than stated above, EuroMark, in its current version, shall only publish 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 Site. Therefore, 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. These rules are subject to change from time to time, upon electronic or other notice to the End Users and any other users.
9. Statements and Payments of Author Royalties: For ALL e-
Each Author must provide EuroMark with sufficient information to accomplish either direct deposit or payment by paper check. If the Author resides outside the United States, then special arrangements need to be made on a case by case basis. Paper checks require accrued earnings threshold of $25.00 or more on the total royalties owed before checks will be mailed. Direct deposit requires an accrued earnings of $2.00 or more.
If accrued Author's aggregate earnings are less than the threshold, EuroMark will delay payment until such monthly period as the total combined earnings due meet or exceed the threshold.
If EuroMark overpays earnings, such as in cases when book refunds, or fraudulent or unauthorized purchases, are charged back to EuroMark after earnings payments are made, then EuroMark will deduct the funds owed from the Author's next payment. If the amount owed exceeds the Author's aggregate accrued earnings, the Author agrees to remit a payment back to EuroMark within 30 days of notification to adjust the overpayment.
For ALL e-
9a. Tax withholding: Currently, EuroMark does not withhold taxes, and all taxes accrued
are the responsibility of the Author. EuroMark will provide, upon request, a W-
For Authors 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, Authors and publishers should first check
whether their country has a tax treaty (see the Support Center link below). If a
tax treaty is in effect, then the Author must apply for, and obtain, an ITIN from
the US IRS. Following receipt of the ITIN, the Author must complete the W8-
10. Author's Warranties: The warranties and representations contained in this Agreement extend to Author and its licensees, successors, and assigns. By uploading content to EuroMark, or EuroMark assignees, you agree that any violation of the warranties below may result in immediate deletion of your account.
10a. By Submitting Your Work to EuroMark for publication, You, the Author represent that the Work is complete, and the Author:
10b. 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
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;
The book interior may not contain any legal graphic images of nudity (either photographic or illustrated), or persons involved in sex acts, ormay be considered graphic in content. No exceptions. Any violations of this rule will be reported to the authorities.
10c. You further warrant the book meets the following standards for originality:
10d. You further warrant the book represents a complete work:
11. End Users: "End Users" who pay whichever fee is set by the Author to purchase
a Work are allowed to use each copy of the Work in any reasonable non-
11a. Rights 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.
11b. Fees and Services: By using the Site, the End User e-
11c. Abusing EuroMark: EuroMark and its users work together to keep the Site working properly. Please report problems and policy violations to EuroMark. The warranties and representations contained in this Agreement extend to End Users, and other licensees and successors and assigns of Lot's Cave. End Users agree while using the Site, Services, or Author's Work, to not:
Without limiting other remedies, Lot's Cave may limit, suspend, or terminate the Service and End User accounts, revoke earnings, prohibit access to our Site, demand return or destruction of any Work improperly taken or used from the Site or Service, and take technical and legal steps to keep users off the Site if we believe that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
12. Ownership: You acknowledge and agree that the EuroMark Site and Service are proprietary to EuroMark, and that the Work is proprietary to the Author; that none are proprietary to End User.
13. Termination: Either party may terminate this agreement this Agreement at any time without notice. Published EuroMark Authors may remove their Author page and book listings at any time. If such removal is not the result of a violation of EuroMark's Terms of Service (TOS), full payment of any outstanding royalties will be paid approximately 30 days following the close of that calendar month.
14a. General: You (Author or End User) will indemnify and hold EuroMark 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.
14b: Notice of Claim: Upon receiving notice of any claim, demand, action, suit, or other legal proceeding alleging facts inconsistent with, or contrary to, any of the warranties or representations contained in paragraph 10, EuroMark 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 EuroMark.
15. Disclaimer of Publisher's Warranties:
15a. DRM, Piracy, and the "Trust" System: EuroMark is a strong proponent of Author's rights and the right of Authors and copyright owners to receive compensation for their digitally published Works. Therefore, EuroMark strongly discourages piracy/infringement of Author Work, and encourages customers to purchase licensed copies. However, EuroMark does not publish works containing digital rights management schemes that limit the customer's ability to consume Author's Work as they see fit. Further, EuroMark cannot completely prevent piracy/infringement of Author's Work. Realistically, even DRM'd content can be reproduced and pirated more easily than a printed book can be scanned and digitized. So when Author lists the Work on EuroMark, 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 DRM'd Works do not sell as well
15b. Events Voiding Warranty: EuroMark 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 misconfigurations to the EuroMark 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.
15c. 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 EuroMark SERVICE, OR ANY MODIFICATIONS THERETO, OR THE WORK, IS WITH AUTHOR AND END USERS. EuroMark DOES NOT WARRANT THAT THE PRODUCT OR MODIFICATIONS WILL MEET THE REQUIREMENTS OF END USERS. TO THE EXTENT THAT EuroMark 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.
15d. LIMITATION ON DAMAGES. IN NO CASE SHALL LOT'S CAVE 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 LOT'S CAVE 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 Author
responsibility to monitor e-
16a. Entire Agreement: This Agreement is the entire agreement between the parties concerning the subject matter hereof.
16b. Governing Law. Severability: This Agreement shall be governed by, and construed in accordance with, the substantive laws of the State of Rhode Island. 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.
16c. No Agency: No agency, partnership, joint venture, or other joint relationship is created hereby.
16d. Legal Action: Venue for all purposes hereunder shall be in the State of Rhode Island, 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).
16e. 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, upon the date and year upon which the Author has submitted said Work for publication, the parties hereto have executed this Agreement, and Author agrees to all Terms of Service as listed herein.
EuroMark does not engage in spam, nor does it share, rent, or sell the personal contact information of its Authors, members, or guests with third parties.
EuroMark Authors are prohibited from promoting their works via spam eMail (sure signs
of spam: false "senders" or "reply to" addresses, inoperable or nonexistent unsubscribe/remove
options, multiple receipts of the same e-
Digital Millennium Copyright Act (DMCA) Notice Policy
Lot's Cave is a publisher and distributor, and does not own the works uploaded to EuroMark.
When Authors, or Authors' agents, upload material to EuroMark, they certify their
agreement to this Publishing Agreement (Terms Of Service), in which they certify
they are legally permitted to upload such works. Allegations of copyright violations
against EuroMark Authors are extremely rare. Nevertheless, EuroMark maintains a zero-
If you feel that content posted on the EuroMark Site infringes on your copyright(s),
please immediately contact EuroMark by sending an e-
All Infringement Notices should include; (1) An electronic signature and full name,
address, phone number, and e-
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), EuroMark may remove the Author's Work, and reserves the right to remove any and all information about the Author or the Author's Work from the Site. EuroMark may allow corrected or legally vetted versions of the purportedly infringing or defamatory Work to be posted again, (1) with a stipulation between the parties that they have resolved their dispute, (2) a court order, or (3) a certification by an independent attorney in whose professional opinion states that in the current version, the infringing material of which the purportedly infringed party has complained has been removed from the Work.
Terms Of Service
EuroMark has strict policies on its Terms Of Service (TOS) to all EuroMark Authors, customers, and site visitors. The Terms Of Service (TOS) policy is clearly linked at the bottom of every EuroMark web site page. Click here to read the EuroMark Terms Of Service.
The Site pages and associated links contain adult material of an extreme nature, including but not limited to, incest, explicit nudity, depictions of a sexual nature, spanking, and BDSM. All materials on Site pages and beyond at www.LotsCave.com and linked locations are intended, and authorized for access, by CONSENTING ADULTS ONLY. No minors are authorized, allowed, or permitted to enter beyond this point. Minors are defined as persons under the age of 18, or 21 years in places in which 18 years is not the legal age of majority. If you are under age, or if it is illegal to view adult material advocating consensual adult incest and BDSM in your community, please leave now.
User, Reader, and Author also agree that explicit sexual content and depictions of incest, bondage, BDSM, and other fetishes, are not obscene or offensive in any way, and subscribe to the principles of the First Amendment which hold that free adult Americans have the right to decide for themselves what they will read and view without government interference.
You (User, Reader, or Author) AFFIRM that you are familiar with your local community
standards, and that the sexually-
You also agree that any and all of your use of this website shall be governed by the laws of the State of Rhode Island, if any, without regard to the conflict of law principals thereof.
You irrevocably agree that the exclusive jurisdiction and venue for resolving any
disputes pertaining to this website, including but not limited to any e-
By reading any EuroMark e-
Thank you for reading. Your comments and feedback are welcome.
Lot's Cave Office Address:
Lot’s Cave, Inc.
22 Dacotah Ave.
Lake Hiawatha, NJ 07034 USA