2a. Publication of Work As Is: Generally, EuroMark eBooks 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 eBooks will not modify the Work except to insert EuroMark eBooks front matter and various end matter at its discretion. However, EuroMark eBooks will make modifications where a work references other publishers, or where the Author's work repeatedly does not pass basic spellcheck and grammar rules. EuroMark does not accept links to third party resellers in author content.

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. EuroMark eBooks does not guarantee accurate preservation of the original Work's formatting.

2b. Publication at Option of EuroMark eBooks: EuroMark eBooks 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 eBooks will make every attempt to provide reasonable notice to Author via e-mail, up to and including providing instructions on how to remedy potential issues that might prevent EuroMark eBooks from listing a title.

2c. How to "Unpublish" Works from EuroMark eBooks: EuroMark eBooks may publish the Work until Author of the Work decides to unpublish the work (to unpublish, access the EuroMark eBooks ‘Contact' page, or send an e-mail titled ‘unpublish' to service@euromarkcompany.com listing the title(s) you wish to unpublish). If Author is unable to access the site, the Author may notify EuroMark eBooks in writing to remove the Work at the address listed on the EuroMark eBooks contact page. After receipt of that notice, EuroMark eBooks will remove the Work from EuroMarkCompany.com usually within five business days. If the Work is distributed to other retail partners, then it may take longer to delist the Work in all other retail locations. EuroMark eBooks will do its best to assist Authors to have their works removed promptly, and to ensure that Authors terminating their EuroMark eBooks accounts receive full payment for sales that may occur after account termination.

2d. Removal of poorly formatted works: EuroMark eBooks clearly communicates herein to all Authors their responsibility to study and implement the EuroMark eBooks Style Guide's formatting requirements prior to uploading a manuscript to EuroMark eBooks. EuroMark eBooks, at its option, may without warning delete the accounts of Authors who blatantly ignore the formatting requirements. We urge all EuroMark eBooks Authors not to waste the time of EuroMark eBooks, or our readers.

3a. Removal of Infringing or Defamatory Work of Author: EuroMark eBooks 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 eBooks 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 a EuroMark eBooks-published work, the Author shall inform EuroMark eBooks; however, it is the Author's responsibility to seek relief from the offending parties. If that offending work is also published on EuroMark eBooks, EuroMark eBooks will remove it, per section 3a above.

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.

7a. Royalty Rates: See also the Royalty FAQ for more information.

A two-tier payment structure exists:

• For all e-Books published on the EuroMark eBooks website, EuroMark eBooks agrees to pay Authors a flat 70% of retail price royalty rate for all sales, excepting book refunds due to credit card chargebacks, any additional associated fees, and credit card processing fees. Books that are offered for sale as part of EuroMark eBooks or Author promotions will receive a flat 70% retail royalty rate of the adjusted promotional price. For example, if the book is priced at $2.00, the 70% royalty rate will be $1.40. If the price is reduced to $1.00 as part of a promotional sale, the adjusted royalty rate will be $0.70.
• For all e-Books published or distributed by EuroMark eBooks, but sold in other website bookstores such as Barnes & Noble, Amazon, Kobo, Apple, Smashwords, Lulu, and others, subject to their acceptance, EuroMark eBooks will pay Author 50% of the net income EuroMark eBooks receives from each sale at these bookstores. For example, if a book sells retail for $5.00 at Amazon, and Amazon keeps $1.00 and sends EuroMark eBooks $4.00, then the Author will receive 50% of the $4.00, which amounts to a royalty of $2.00 for the Author.

7b. Free Copies: As administrator of your work, Author may use the EuroMark eBooks platform to distribute complimentary copies of the Work, or personally e-mail free files to people, even when you are generally charging a fee. However, EuroMark eBooks files cannot be mass-distributed via download at blogs, websites, or other retailers outside the EuroMark eBooks network.

7c. Promotional Rights: Unless specified in writing by the Author prior to submission of said Work, EuroMark eBooks 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 eBooks self-publishing service. These samples will be licensed for free non-commercial use, duplication, and sharing, and will never exceed the amount of the Authors' Work that the Author has selected for preview on the Site.

7d. Crawlable or Other Searchable Rights: EuroMark eBooks shall have the right to drive traffic to the Author's Work on the EuroMark eBooks 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 eBooks from this arrangement, it shall be treated as an electronic edition under Section 6a.

7e. Other Subsidiary Rights: Other than stated above, EuroMark eBooks, 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.

9a. Tax withholding: All taxes accrued are the responsibility of the Author. Current IRS filing of a Form W-9 and Form 1099 for you is not required if you receive all your royalty payments through a third-party company such as PayPal OR you expect to be under the earnings threshold. Otherwise, download the Form W-9 here and email us the filled out copy: W-9 Form

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-BEN form (or related form, see IRS instructions), sign it, and return it to EuroMark eBooks. The burden to provide such information will fall upon the Author if/when the IRS makes it necessary.

10a. By Submitting Your Work to EuroMark eBooks for publication, You, the Author represent that the Work is complete, and the Author:

• is the only Author of the Work;
• is the sole owner of the rights herein granted;
• has not assigned, pledged, or encumbered such rights, or has not entered into any agreement which would conflict with the rights granted to EuroMark eBooks herein; and agrees not to do any of the aforementioned without first unpublishing the work at EuroMark eBooks;
• has full right, power, and authority to enter into this Agreement, and to grant the rights specified herein.

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 private e-mail 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 readers;
• violate state and federal laws;
• advocate hateful, discriminatory, or racist views or actions toward others;
• 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 hyperlinks to affiliate marketing pages, especially if the e-book is published for the sole intent of publishing hyperlinked content that directs readers to affiliate marketing pages;
• contain SEO keyword spam, either in your manuscript or your metadata tags; or
• contain advertisements for services, or contain partial books for the purpose of promoting the purchase of the same book elsewhere.

Any cover images containing nudity will be accepted on a case-by-case basis at the sole discretion of EuroMark eBooks. (Generally, nudity is not recommended on a cover due to it making the entire book unsalable with any of EuroMark eBooks's retail partners on their websites.)

The book interior may not contain any legal graphic images of nudity (either photographic or illustrated), or persons involved in sex acts, and which may be considered graphic in content.

10c. You further warrant the book meets the following standards for originality:

• this is not a public domain work, unless prominently mentioned on the title page and in the books description;
• the book does not include word-for-word scrapes - or is not a compilation - from Wikipedia or other public domain, government, or commercial services;
• your books do not, and will not, appear elsewhere on the Internet authored by people other than yourself, or by pen names (pseudonyms) different from your pen name at EuroMark eBooks;
• none of your book content, either in part or in its entirety, is sourced from "Private Label" rights, articles, e-books, or information sources which license the same content to other people.

10d. 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, or not simply a catalog advertising other books
• the uploaded book represents a complete story with a beginning, middle, and end; not a short serial.

11a. Rights of Use: By Submitting Your Work to EuroMark eBooks for publication, You, the Author represent that the Work is complete, and the Author:

• Purchased works: As End User, you acknowledge that all Work furnished by EuroMark eBooks is licensed for the use of the End Users of the Site, and may not be sub-licensed, loaned, 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 EuroMark eBooks are the copyrighted material of the Author or publisher, and therefore are not authorized for redistribution without prior written consent from EuroMark eBooks. Third parties are not authorized to download, host, or otherwise redistribute EuroMark eBooks books or stories without prior written agreement from EuroMark eBooks. 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 EuroMark eBooks 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.

11b. Fees and Services: By using the Site, the End User e-Book customer is agreeing to pay the fees as presented by EuroMark eBooks, and set by the Author, at the time of purchase. The Author sets the price for their individual Works. Prior to payment, End User will have an opportunity to review and accept the fees for the purchase End User is requesting. The Site may change pricing policies and fees for services we provide at any time, and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in US Dollars. The End User is responsible for paying all fees and applicable taxes associated with End User's use of the Site.

11c. Abusing EuroMark eBooks: EuroMark eBooks and its users work together to keep the Site working properly. Please report problems and policy violations to EuroMark eBooks. The warranties and representations contained in this Agreement extend to End Users, and other licensees and successors and assigns of EuroMark eBooks. End Users agree while using the Site, Services, or Author's Work, to not:

• violate any laws, third party rights, or any policies which we may post on the Site from time to time;
• use the adult Site, Service, or Author's Work, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
• circumvent or manipulate our fee structure or the billing process;
• use robots, spiders, shills, or other methods in an attempt to unfairly game the site's ranking systems for downloads, reviews, and sales, or hire others to do the same;
• engage in advertising, marketing, spam, chain letters, or pyramid schemes involving or using the Work from the Site;
• distribute viruses, malware, or any other technologies that may harm EuroMark eBooks, or the interests or property of EuroMark eBooks users;
• copy, modify, or distribute content from the Site, or EuroMark eBooks' copyrights and trademarks; or
• engage in abusive or profane behavior toward EuroMark eBooks, its employees, its Authors, or fellow users.

Without limiting other remedies, EuroMark eBooks 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.

14a. General: You (Author or End User) will indemnify and hold EuroMark eBooks 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 eBooks 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 eBooks.

15a. DRM, Piracy, and the "Trust" System: EuroMark eBooks 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 eBooks strongly discourages piracy/infringement of Author Work, and encourages customers to purchase licensed copies. However, EuroMark eBooks 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 eBooks 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 eBooks, 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 as non-DRM'd Works because good customers resent limitations, and don't appreciate being mistrusted. Non-DRM'd Works often out-sell DRM'd 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 EuroMark eBooks is distributing the Works according to this so-described Trust system.

15b. Events Voiding Warranty: EuroMark eBooks 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 eBooks 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 eBooks SERVICE, OR ANY MODIFICATIONS THERETO, OR THE WORK, IS WITH AUTHOR AND END USERS. EuroMark eBooks DOES NOT WARRANT THAT THE PRODUCT OR MODIFICATIONS WILL MEET THE REQUIREMENTS OF END USERS. TO THE EXTENT THAT EuroMark eBooks 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 EuroMark eBooks 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 EuroMark eBooks 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-Book listings, and report errors to EuroMark eBooks, in which case EuroMark eBooks will, on a best-efforts basis, strive to work with the Author to correct the error. In the event that EuroMark eBooks is found liable for any damages, for any reason whatsoever, Author hereby expressly agrees that in no event will EuroMark eBooks's liability to Author exceed the amounts collected by EuroMark eBooks for the Author's book in question.

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.

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