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PARTIES TO AGREEMENT
This is an agreement between
Llumina Press, an imprint of Media Creations Inc., a Florida corporation
with principal offices at 7915 W. McNab Road, Tamarac, FL 33321,
hereinafter known as PUBLISHER, and AUTHOR for the AUTHOR'S WORK as
described in the following documents.
LICENSE TO PUBLISH
AUTHOR grants to the
PUBLISHER non-exclusive rights to publish the WORK in print and
electronic media, in whole or in part, and to distribute the WORK
throughout the world.
TERM OF LICENSE
The license for the WORK
shall extend for three (3) years after the date the PUBLISHER first
releases it for publication. The license will automatically renew for
consecutive one (1) year terms if neither party gives at least thirty
(30) days written notice that it desires to terminate this license.
AUTHOR CANCELLATION
AUTHOR has the right at any
time to cancel this agreement with thirty (30) days written notice to
the PUBLISHER. All monies received by PUBLISHER will be refunded at the
end of the thirty day period less the cost of work already done at the
time notification is received. PUBLISHER is entitled to charge for such
work at a rate of $50 per hour. Publisher's personal time is billed at a
rate of $100 per hour.
PRINTING AND SALE OF COLOR BOOKS
On all sales of printed
copies of the WORK, the PUBLISHER will pay the AUTHOR royalties based on
the sales of the WORK. Royalties will not be paid on copies of the WORK
sold to the AUTHOR or on books that are returned. Royalties for Print
sales are 30% of the list price for all copies sold directly through
PUBLISHER, and 10% of the list price for all copies sold through third
parties. Color books under 48 pages printed through third parties (such
as Ingram or Amazon) are staple-bound. Exact color reproduction is not
guaranteed.
ELECTRONIC ROYALTIES
If AUTHOR chooses this
option, and ebook can be made available. On all sales of electronic
versions of the WORK, the PUBLISHER will pay the AUTHOR a royalty based
on sales of eBooks, CD-ROM versions of the WORK, or any other electronic
reproduction, distribution or transmission of the WORK. Royalties will
not be made on electronic copies provided or sold to the AUTHOR, nor on
copies given away for promotional purposes to reviewers or the press,
nor on works that are returned. Royalties are based on sales of
electronic versions of the WORK. Royalties for electronic sales are 60%
of the list price for all copies sold directly through PUBLISHER, and
40% for copies sold through third parties..
SUBSIDIARY RIGHTS
AUTHOR retains all
subsidiary rights including theater, film, and television rights in the
WORK.
PUBLISHING OPTIONS
Electronic Distribution:
All accepted WORKs can be distributed as electronic books on the
PUBLISHER's site. Publisher will secure a unique ISBN for the WORK so
that it may be available for sale online if the author chooses this
option.
DISTRIBUTION THROUGH PRINT ON DEMAND:
If Author selects this option, PUBLISHER will prepare the book for
distribution as a Paperback color book. PUBLISHER
agrees to secure a unique ISBN and submit the work to databases such as
that maintained by Books in Print, so that the book may be available for sale at retail and online
outlets using these systems. If AUTHOR chooses Distribution
available on the PUBLISHER's website, PUBLISHER will also make the book
available on Amazon and Ingram (for books of 28 pages or more).
COPYRIGHT AND TITLE REGISTRATION
AUTHOR will copyright the
WORK in his or her own name.
ROYALTIES FOR SALES OF BOOKS
PUBLISHER will make royalty
payments bi-monthly (i.e. February and March royalties are paid in
July; April and May royalties are paid in September etc.).
PUBLISHER shall forward to AUTHOR a royalty statement and payment. Checks and
statement will be sent out on or about the fifteenth of the month if the
amount of royalties earned is $10.00 or more.
SUBMISSION ACCEPTANCE
PUBLISHER reserves the
right, in its sole discretion, not to accept a submission.
SUBMISSION GUIDELINES
AUTHOR agrees to pay Llumina
Press a one-time fee for set up as outlined on PUBLISHER's site.
Publishing packages each include a certain number of images if they are
provided electronically. AUTHOR
agrees to pay $5 for each photo or illustration that must be scanned by
Llumina Press for inclusion in the WORK. Additional fees for
additional services are at the AUTHOR's discretion.
PUBLICATION
PUBLISHER intends to market
the WORK on its web site and make the work available for print-on-demand
distribution within 90 days after receipt of all required materials
relating to the WORK, unless editing is necessary in which case the WORK
will be made available for print-on-demand distribution within 140
days. In no case will the PUBLISHER take more than 180 days after
receipt of all the required materials relating to the WORK to publish
the WORK. If the PUBLISHER does not make the WORK available within such
time, the AUTHOR may give notice to the PUBLISHER to make the WORK
available within 30 days. If the PUBLISHER does not do so, this
agreement shall terminate, all licenses herein shall revert to the
AUTHOR and the PUBLISHER shall refund the setup fee, if any, to the
AUTHOR.
FORMAT AND PRICE
PUBLISHER shall request
author's suggestions and contributions on cover art, and will, if
possible, use such suggestions and contributions in cover design. In
the event of a disagreement regarding cover art, PUBLISHER shall have
final say as to production, appearance, and formatting of the WORK. A
minimum price of the work shall be determined based on the cost of
production. If AUTHOR desires, the price can be set higher than the
minimum.
AUTHOR PROOF
PUBLISHER will provide
AUTHOR with a digital proof of the WORK. AUTHOR will make corrections
on proof as documented on PUBLISHER's web site. A final physical proof
will be sent after digital proofs have been approved.
AUTHOR COPIES
If AUTHOR desires additional
copies, the minimum order on color books is
24 books but larger quantities can be ordered. If possible, PUBLISHER
will provide discounts on the AUTHOR's cost per book if greater
quantities are ordered. PUBLISHER may also offer AUTHOR the opportunity
to print the WORK in offset runs if the sales of the WORK warrant such
quantities.
PUBLISHER
TERMINATION
PUBLISHER may terminate
publication of the WORK with thirty (30) days written notice to the
AUTHOR, at which point all rights revert to the AUTHOR. Once the WORK
has been printed in book format the submission payment will not be
refunded; however all accrued royalties will be paid to AUTHOR.
WEB PAGE
PUBLISHER agrees to publish
a web page on its site providing details about the WORK and the AUTHOR.
Such web page may also contain an excerpt from the WORK. From time to
time, the PUBLISHER may publish information about the AUTHOR or the
WORK. If PUBLISHER requests additional promotional information, AUTHOR
will promptly provide it.
AUTHOR WARRANTIES
AUTHOR represents and
warrants that AUTHOR is the sole owner of the WORK and has the full
power, authority and right to enter into this agreement; this agreement
does not conflict with any arrangements, understandings, or agreements
between the AUTHOR and any other person or entity; the WORK is not in
the public domain and is entirely original except for portions thereof
for which legally effective written licenses or permissions have been
secured; the WORK and all rights therein are free of liens, claims,
interests or rights in others of any kind; the WORK as submitted, and
its publication by the PUBLISHER, do not and will not violate or
infringe upon any personal or proprietary rights, including without
limitation copyrights, trademark rights, trade secret rights, contract
rights, privacy rights, or publicity rights of any other persons; the
WORK is not defamatory or obscene, or in any other way illegal; and any
recipes, formulae, instructions, or recommendations contained in the
WORK are not and will not be injurious to any reader, user, or third
party; all information in the submission package is accurate.
AUTHOR AGREEMENTS
AUTHOR agrees that
high-resolution PDF or Quark files created by PUBLISHER for POD printing
will be retained by PUBLISHER. AUTHOR further agrees not to schedule
any book signings or promotional efforts with respect to the work until
PUBLISHER advises AUTHOR that the WORK is available for distribution.
ILLUSTRATIONS
AUTHOR may provide
illustrations if these have been created by the AUTHOR or if AUTHOR has
a legal agreement with an ILLUSTRATOR to create the images. If such an
agreement exists, AUTHOR will provide PUBLISHER with a copy. AUTHOR may
also contract with PUBLISHER to use one of PUBLISHER's artists to create
original illustrations.
MAINTENANCE ON INGRAM DATABASE
This publishing agreement may include
optional distribution through Ingram for one year, a service for
which the PUBLISHER pays. Additional years will be billed to the AUTHOR
at a rate of $20 per year per title.
MODIFICATION OF TERMS OF SERVICE
PUBLISHER may modify these
terms of service from time to time in its sole discretion.
MODIFICATIONS OF LLUMINA
SITE
PUBLISHER may modify the Llumina website
with or without notice to AUTHOR and without liability to AUTHOR or to
any third party.
INDEMNIFICATION
AUTHOR agrees to fully
indemnify, defend and hold harmless the PUBLISHER and its AFFILIATES
from and against any losses, lost profits, damages, liabilities,
judgments, awards, decrees, settlements, or expenses (including without
limitation, reasonable attorney's fees and court costs) arising from ,
connected with, or by reason of any breach or alleged breach of any of
the representations and warranties set forth above, but the AUTHOR shall
not be liable for any matter inserted in the WORK by the PUBLISHER or
its licensees. All warranties and indemnification made by the AUTHOR
herein shall survive termination of this agreement.
ADDITIONAL INSTRUMENTS
AUTHOR agrees to complete
and execute the title submission form, author bio, and all additional
instruments reasonably requested by the PUBLISHER to confirm and
effectuate this agreement.
GENERAL PROVISIONS:
This agreement shall be
governed by the laws of the State of Florida. It contains all and the
only agreement, and supersedes any other agreement, oral, written or
otherwise construed as a prior agreement between the AUTHOR and
PUBLISHER. This agreement cannot be appended, changed, modified, word
or words added or deleted except by the mutual written agreement of the
AUTHOR and the PUBLISHER. This agreement is binding upon the heirs,
executors, administrators and assigns of the AUTHOR and the PUBLISHER.
By completing the following
and submitting the required materials, the AUTHOR agrees to all the
terms and conditions in this agreement.
By:
_______________________________________
Signature of Author (required
only if submitting by mail)
_______________________________________
Date (required only if
submitting by mail)
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