PARTIES TO AGREEMENT

 This is an agreement between Llumina Press, an imprint of Media Creations Inc., a Florida corporation with principal offices at 7101 W. Commercial Blvd., Ste. 4E, Tamarac, FL  33319, 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 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 after the first year to cancel this agreement with thirty (30) days written notice to the PUBLISHER. All royalties owed to he AUTHOR will be paid in the usual way.

ELECTRONIC ROYALTIES

On all sales of eBook versions of the WORK, the PUBLISHER will pay the AUTHOR a royalty based on sales.  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 eBooks.  Royalties for eBook sales are 35% of the net royalty paid by Amazon for Kindle sales and 25% of the net royalty for sales through other distributors such as Barnes & Noble and Google. Sales through the Llumina site will pay a 50% royalty.

SUBSIDIARY RIGHTS

AUTHOR retains all subsidiary rights including theater, film, and television rights in the WORK.

PUBLISHING OPTIONS

Publisher will secure a unique ISBN for the WORK so that it may be available for sale online through Kindle, iPad, Nook, and other eBook Readers as selected by AUTHOR.

COPYRIGHT AND TITLE REGISTRATION

 AUTHOR retains copyright in his own name.  

ROYALTY PAYMENTS

PUBLISHER will make royalty payments quarterly.  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 $20.00 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 of $499 for setup of the eBook on Amazon, Barnes & Noble and iTunes.

PUBLICATION

In no case will the PUBLISHER take more than 60 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 create eBook based on already existing print files, making necessary changes to adapt the book to the format of the various Readers.

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 submitted for distribution, the submission payment will not be refunded; however all accrued royalties will be paid to AUTHOR.

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 any files created by PUBLISHER for eBook distribution are the property of the PUBLISHER. 

 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 submission forms 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.