CBDD e-Book Publishing Agreement
BY CHECKING THE “I HAVE READ AND ACCEPT CBDD E-BOOK PUBLISHING AGREEMENT” CHECK BOX, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT CHECK THE ” I HAVE READ AND ACCEPT CBDD E-BOOK PUBLISHING AGREEMENT ” CHECK BOX.
This Agreement is between Car Business Data Dynamics Ltd. (CBDD), an Israeli company with offices located in Ramat Gan (Reg. No. 515142628) and______________________________________________________________ (Author), for the Works (eBooks) which are titled and put in the Addendum No. 1 to this Agreement «eBook Price List and Royalties».
- GENERAL TERMS AND CONDITIONS:
- The author wishes CBDD to publish the Work (eBook) and grants CBDD the nonexclusive right to digitize, advertise, distribute and sell, and deliver the Work via www.chooseyourcar.com or direct marketing, and grants CBDD the right to distribute the Work worldwide via www.chooseyour.car web-site, and collect all monies for eBooks sold by CBDD, unless prevented by circumstances beyond the CBDD’s control, or unless otherwise agreed with the Author; CBDD agrees to pay royalties on a monthly basis to the author, Royalties will be paid on monthly basis. eBook Retail prices & Royalties will be put in the Addendum 1 «eBook Price List and Royalties» to CBDD eBook Publishing Agreement which is indispensable part of this Agreement.
- It is the author’s responsibility to submit their manuscript to CBDD in Adobe PDF format.
- CBDD retains the right to (i) reproduce and distribute the eBooks in the form of PDF files and offered for sale or license to CBDD’s customers and licensees, (ii) store the eBooks on servers hosted by or on behalf of CBDD, (iii) index and catalogue the eBooks; and (v) use the eBooks as provided herein (iv) encrypt PDF files with third party PDF DRM Security software in sake of enabling Digital Rights Management and protection.
- CBDD retains the right to make changes, additions, deletions, abridgements, or condensations in the text of the Work or changes of title, with the prior written consent of the Author.
- CBDD retains the right to make the eBooks available for sale, marketing, display, distribution, licensing and promotion in digitized Adobe PDF format or on any electronic device, whether now existing or hereafter created or developed, which offers industry standard and which is distributed and readable via any electronic media and technology of data entry, storage, retrieval, transmission, display, and output of any and all kinds whether now existing or hereafter created or developed, including without limitation computers and hand-held devices.
- CBDD agrees to promote the work on web sites and to seek promotion by any and all appropriate means available including listings on electronic book marketing web sites, and providing free electronic copies for review by online and offline reviewers. Pricing of the Work shall be solely at the discretion of the CBDD.
- CBDD retains the right to make the eBooks available for sale, marketing, display, distribution, licensing and promotion on a worldwide basis.
- CBDD retains the right to determine the appearance of all on-line presentation including but not limited to, on-line marketing, listing and eBook appearance.
- CBDD reserves the right to distribute and display via download all front matter of an eBook free as a sampler.
- CBDD is not and will not be liable to the author or any other person/entity for lost profits or revenues due to, relating to or in connection with the submission of Work.
- CBDD reserves the right, prior to general commercial distribution, to distribute or cause to be distributed free of charge to some employees of CBDD copies of each eBook PDF format for purposes of testing the electronic distribution of such eBooks in such format.
- CBDD will not be held responsible for errors in the book, including, but not limited to, spelling errors, grammar, punctuation, style of work, corrupted files, computer formatting errors, and missing fonts.
- CBDD will not be held responsible for errors, delays, default of service caused by third parties including, but not limited: DRM PDF Security solution provider or internet provider, etc.
- CBDD reserves the right to market the Work, using methods it deems appropriate to market and distribute the e-book worldwide.
- CBDD will issue a Report on all payments made to the author on monthly basis.
- Royalty statements will be delivered on a monthly basis to the author by email only.
- The royalty earnings period will be listed on the statement.
- Royalty payments are paid to the author by bank transfer only. CBDD will pay royalties by bank transfer when and only after the total amount due in royalties exceeds $20.00 US, unless the author is terminating publication.
- AUTHOR RESPONSIBILITIES:
- Author will provide CBDD with a digital copy of their manuscript (Work) in Adobe PDF format according to recommendations & specs. of CBDD.
- The Author agrees, if so required by the CBDD or if not already done so, to deliver to the CBDD and in final revised form an English language manuscript of a length and in a format or formats as agreed, and by a date as agreed. If, in the opinion of the CBDD, the manuscript is unacceptable or unsatisfactory to the CBDD, the CBDD may reject it by written notice within sixty (60) days of delivery, in which case this agreement shall be deemed terminated and there shall be no further obligation upon the CBDD to publish said work or to make any further payment hereunder, and all rights granted to the CBDD under this agreement shall revert to the Author.
- The author maintains that he or she is the sole author of Work, and owner of the copyright and all of the contents of the Work and has full power to enter into this Agreement.
- The author guarantees CBDD that the Work is accurate, is not in violation of laws of Israel and Russian Federation.
- The author grants CBDD the right to provide the worldwide distribution services of the eBook via www.wetransfer.com web-site / direct marketing channels, advertising, sales, and printing of the Work (for marketing demo/offline training purposes only).
- The author agrees that CBDD is not responsible for editing, misspelling, rewriting, page-numbering, indexing, reviewing, or any other errors in the Work.
- The author reserves the right to discontinue the selling of the Work by CBDD by providing written notice to CBDD, and acknowledges that CBDD is not responsible for copies of the Work that has already been sold, and/or distributed to the market.
- The author understands that a signature on this agreement ratifies all the terms and conditions of this Agreement.
- It is the author’s responsibility to contact CBDD in the event they do not receive their statement via email in a timely manner.
- The Author warrants and represents that this Work is original with the Author and has not heretofore been published in electronic form, that the Author is sole author and proprietor of said Work with full power and right to enter into this agreement and to grant the rights hereby conveyed to the Publisher; that said Work contains no matter which is libelous or defamatory and infringes no right of privacy or copyright; that the Author has not heretofore and will not hereafter during the term of this agreement enter into any agreement or understanding which would conflict with the rights herein granted to the CBDD. Written permission from previous rights owners may be required. If the Work includes quotations or illustrations in which the copyright does not belong to the Author then the Author shall obtain written permission for its use from the owners and shall pay any fees or costs involved, and on request the Author will send to the CBDD copies of the permissions obtained and proof of copyright fees paid by the Author. If the Author shall breach this warranty, the CBDD shall be entitled to injunctive relief in addition to all other remedies which may be available to it. The Author further agrees that the CBDD will be held harmless against any recovery or penalty finally sustained arising out of this breach of this warranty, and in this event the Author will reimburse the CBDD for all court costs and legal fees incurred. Any out of court settlement of any suit filed jointly against the Author and the Publisher shall be made only by mutual agreement in writing between same.
- If during the existence of this agreement the copyright shall be infringed, CBDD may, at its own expense, take such legal action, in the Author’s name if necessary, as may be required to restrain such infringement or to seek damages. CBDD shall not be liable to the Author for the CBDD’s failure to take such legal steps. If the CBDD does not bring such an action, the Author may do so, in the Author’s name at the Author’s own expense. Money damages recovered for an infringement shall be applied first toward the repayment of the expense of bringing and maintaining the action, and thereafter the balance shall belong to the Author, provided, however, that any money damages recovered on account of a loss of the CBDD’s profits shall be divided equally between the Author and the CBDD.
- PRICE AND ROYALTY FOR E-BOOKS:
- Prices for the eBooks/Works are put in the Addendum 1. to this Agreement «e-Book Retail Price List and Royalties».
- Authors will be paid 70% of the sales price for all eBooks sold.
- Royalty payments will be made to author based on monthly basis not later than 10-th working day of the next month.
- CBDD will add the Work into it’s publishing electronic systems, will create web page for the Work so that it may be sold on its e-commerce website, www.chooseyourcar.com
- GENERAL PROVISIONS:
- This Agreement shall be governed by the laws of the Israel.
- All monetary transactions will be in US dollars only.
- This written Agreement contains all and is the only Agreement, and supersedes any other agreement, oral, written, or otherwise construed as a prior agreement between the author and CBDD. This Agreement cannot be appended, changed, modified, word or words added or deleted except by the mutual written agreement of the author and CBDD.
- This Agreement is made in English and Russian, in two original copies which have equal legal force.
- SPECIAL TERMS & CONDITIONS:
- Official languages of this Agreement is English.
- All invoices, correspondence concerning this Agreement should be sent by email to the following addresses: firstname.lastname@example.org and _______________________(author’s e-mail) to the addresses which are put in item 8 of this Agreement.
- Notifications come into the effect upon receipt which are confirmed by electronic mail, fax or written confirmation of receipt. Addresses and telephone/fax Numbers can be changed by sending notification from one contracting party to another as put in this item 5.3.
- RESPONSIBILITY OF PARTIES:
- The parties bear responsibility for nonfulfiment of this Agreeement according to the Laws of Israel.
- In case of Force Majeure such as: fire, floods, strikes, war, implementation of new laws the time of fulfillment of terms of this Agreement by parties will be postponed according to the period of force majeure. in the event the CBDD fails to publish and distribute the Work because force majeure, CBDD shall have the option to terminate this agreement After notice of termination of the agreement within 7 days, and all rights hereunder shall revert to the Author.
- Force Majeure fact should be confirmed in written form by the responsible entity in Israel.
- The parties undertake to solve all disputes which may arise during fulfillment of this Agreement via negotiations.
- In case if the parties can not agree on a dispute than it will be solved by the Courts of Tel Aviv Yaffo.
- OTHER TERMS:
- This Agreement comes into effect from date of signing and is effective until «___» __________ CY.
- This Agreement can be terminated if one of the parties notify the other party in written form 30 (thirty) days in advance before date of termination.
- All changes and amendments to this Agreement are effective only if they are made in written form and signed by the two parties.
- No party can transfer their rights and obligations according to this Agreement to third parties without written confirmation of the other party.
- Independent from the effective period of this Agreement CBDD, has the right for reimbursement for the services rendered to the Author.
- LEGAL ENTITY ADDRESSES & СONTACT DETAILS:
Legal Entity Address:
Author’s Name & Signature:
Сar Business Data Dynamics Ltd.
Legal Entity Address:
Israel, Ramat Gan, ZIP 5246105, Bialik str. 39
Author’s Name & Signature:
CBDD representative Name & Signature
_____________/ A. Glembotsky, CEO
ADDENDUM NO. 1
TO CBDD E-BOOK PUBLISHING AGREEMENT
E-BOOK PRICE LIST AND ROYALTIES
Author_____________________________________ with hereinafter named as «Author» and Сar Business Data Dynamics Ltd. and Israeli company (Reg. № 515142628) with offices located in Ramat Gan , hereinafter named «CBDD», and together named as Parties, separately as Party enter into Addendum’s to the Agreement as following:
- The Parties set up prices & royalties for the eBooks mentioned in item 1.1. of this Agreement and sold to third parties (clients, end users) for the period: DD/MM-Year – DD/MM-Year
- This Addendum to the Agreement comes into the effect from the moment of signing and is indispensable part of the CBDD e-Book Publishing
- This Addendum to the Agreement is made in 2 (two) original copies which have equal legal force.
- All other issues are governed by CBDD eBook Publishing Agreement.