By using the service available at www.splatterbooks.com (the “Site”), you agree (the “Agreement”) to the terms governing the features and functionality available on the Site (The “Service”). If you do not agree with these terms, do not use the service.
1. Copyright. The copyright in the Work shall belong to the Author or the party that Author cites as the copyright holder. The 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.
2. Publication. Splatter Books will generally Publish any such submissions which do not violate, or which do not appear to violate the Agreement.
2a. Publication of Work “As Is”. Generally, Splatter Books will publish an Author’s Work as it is delivered to us, and not edit or modify the Work. Certain modifications may occur caused by file or design conversions. Splatter Books does not guarantee accurate preservation of the original Work’s formatting. We will consult with Authors and advise if unaccepted levels of modification occur through file conversions or when uploading to the Site.
2b. Decision not to Publish. Splatter Books may decide not to Publish an Author’s work or may decide to discontinue its publication of an Author’s work for any reason and for no reason, and no reason need be provided. Except in the cases of gross violations of this Terms of Service, Splatter Books will make every attempt to provide reasonable notice to the Author via email, up to and including providing instructions on how to remedy potential issues that might prevent Splatter Books from listing a title.
2c. How to “Unpublish” Works from Splatter Books. Authors have the right to unpublish their Work provided that they give notice by email. Having given that notice Splatter Books will remove the Work from the Site within 10 working days. Authors who wish to terminate their account at Splatter Books must also give notice by email. This will trigger the removal of all Works by the Author within 10 working days. Terminated accounts will receive full payment for sale outstanding providing that the Author is not in Infringement as stated is sections 3a & 3c below.
3a. Removal of Infringing or Defamatory Work of an Author. Splatter Books takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an Infringed party. 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, attorney in fact or assign), Splatter Books will remove the Author’s Work and reserves the right to remove any and all information about the Author, the Author’s Work or the publisher from the Site.
3b. Infringement by Others to an 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 Splatter Books published work, the Author shall inform Splatter Books; however, it is the Author’s responsibility to seek amends from the offending parties. If that work is published on Splatter Books, Splatter Books will remove it as 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 an Author submits such work if any material from the work belongs to, or has been licensed to, someone else.
4. File Formats. An Author shall submit their Work as a .pdf file. We may on occasion accept Work in Microsoft Word .doc, .docx but, as stated in 2a above, Splatter Books does not guarantee accurate preservation of the original Work’s formatting. Book cover artwork can be submitted in .jpg, png, or .tff format. Currently, we cannot accept any individual file over 20 megabytes in size.
5. Royalty Rates.
5a. Royalty Rates. For retail sales that originate at splatterboooks.com, Splatter Books will pay authors/publishers 75% of the net proceeds from all sales (see 5b below for clear definition of “net proceeds”).
5b. Payment Agreement. Splatter Books agrees to pay the Author or Publisher seventy-five percent (75%) of net proceeds received by Splatter Books through the sale of your work. VAT is payable on ebooks from 2015. The price of ebooks on Splatter Books includes VAT currently 20% in the UK. “Net proceeds” shall mean sales price paid and received less VAT less payment processing fees. Therefore, 75% of “net proceeds” does not equal 75% of the book’s sales price. Payment processing fees, for example, may account for a sizable percentage for lower cost books because they include a nominal minimum per-transaction fee charged to Splatter Books by our payment processing service PayPal. To reduce the effect of the per transaction free we will pay Authors when their total sales including VAT exceeds £50.
5c. Promotional Rights. Splatter Books shall have the right to distribute samples of the Work in any form of media, including printed media and social media, in order to promote (a) the author or author’s Work and/or (b) the Splatter Books service. These samples, including cover artwork, will be licensed for free, non-commercial use, duplication and sharing.
5f. Other Subsidiary Rights. Splatter Books 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, or media rights other than the electronic version distributed on our Site. Therefore, you may continue to Publish the Work electronically with Splatter Books while publishing your Work in any form with other Publishers.
6. Author’s Warranties. The warranties and representations contained in this Agreement extend to Author and its licensees and successors and assigns. By uploading content to Splatter Books, you agree that any violation of the warranties below may result in immediate deletion of your account and the forfeiture of accrued earnings.
6a. By submitting Your Work to Splatter Books for publication, You, the Author or the Author you represent (if you are an Agent or Publisher) author’s Publisher or Agent or Distributor, warrant and represent that the work (the book) 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 have not entered into any agreement which would conflict with the rights granted to Splatter Books herein; and agrees not to do any of the aforementioned without first unpublishing the work at Splatter Books.
• has full right, power, and authority to enter into this Agreement and to grant the rights granted herein.
• the content you are uploading to Splatter Books meets the definition of “a book” or a complete short story
6b. 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 email 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 others including but not limited to recipes, formulae or instructions
• advocates hateful, discriminatory or racist views or actions toward others
• advocates or condones violence against another person, whether or not the other party is a willing participant
• advocate illegal activities
• contain images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals
• contain hyperlinks to affiliate marketing pages, especially if the ebook is published for the sole intent of publishing hyperlinked content that directs readers to affiliate marketing pages
• advocate or promote “systems” about how to make money on the Internet by publishing ebooks
• advocate or promote “get-rich-quick” schemes and systems
• contains SEO keyword spam, either in your manuscript or your metadata tags
• contains advertisements for products or services, or is intended to act as an advertising or upselling vehicle for products or services
• contains incomplete information and prompts the reader to access external resources or services that require registration or payment
• is an incomplete book for the purpose of promoting the purchase of the complete book elsewhere or on Splatter Books. Books priced at FREE are held to this same standard.
• makes false, misleading or inaccurate claims or promises in the book or book description
• if you publish erotica content, neither the book cover nor the book interior may contain graphic images of nudity (either photographic or illustrated) or persons involved in sex acts, and does not include children or underage minors engaged in sexual acts or situations, witnessing such situations, considering sexual acts, or thinking about sexual acts. Fine art books of a non-erotic nature that contain nudity may be accepted on a case by case basis at the sole discretion of Splatter Books.
• is not the same book you previously published at Splatter Books, then republished as a new book for the sole purpose of having it appear as a new book again.
6c. You further warrant the book represents a complete work:
• this is not an unfinished 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 or products
• the work is complete and self-contained, and does not try to upsell the user to purchase, or register for, access to information that should have been contained in the book;
• the title meets the definition of “book” or “story.”
• the uploaded book represents a complete story with a beginning, middle and end. Exception: Serials are allowed. Each serial cover image should be different, even if the only difference is a notation on the cover image about the serial’s position or episode number in the series. To avoid customer confusion, we recommend it should be clearly identified as a serial in the book description.
7. End Users. “End-Users” include authors, publishers and customers. Customers are those who pay whichever fee is set by Splatter Books to purchase or download a Work. Customers are allowed to use each copy of the Work for their personal enjoyment in any reasonable non-commercial manner in compliance with copyright law and pursuant to this Agreement.
7a. Rights of Use.
1. Purchased works: As End User, you acknowledge that all Work at Splatter Books is licensed for the use of the End Users of the Site and may not be sublicensed 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.
2. Free works including sample works:Free works and sample works published at Splatter Books are the copyrighted material of the author or publisher, and therefore are not authorized for redistribution without prior written consent from Splatter Books.
7b. Fees and Services. By using the Site the End User ebook customer is agreeing to pay the fees as presented by Splatter Books and set by the Author or Publisher at the time of purchase. All purchases are final and non-refundable. The Site may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately.
7c. Author, Publisher and Customer Conduct. Splatter Books and its users work together to keep the Site working properly. Please report problems and policy violations to Splatter Books. The warranties and representations contained in this Agreement extend to End Users and other licensees and successors and assigns of Splatter Books. End Users agree while using the Site, Services or Work you agree to not:
• violate any laws, third party rights, or any policies which we have posted on the Site from time to time;
• upload any material which violates this Terms of Service;
• use the Site, Service or Work if you are not able to form legally binding contracts, 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, pyramid schemes or money laundering involving or using the Work from the Site;
• distribute viruses, malware or any other technologies that may harm Splatter Books, or the interests or property of Splatter Books users; or
• copy, modify, or distribute content from the Site, or Splatter Books copyrights and trademarks; or
• engage in abusive or profane behavior toward Splatter Books, its employees, its authors and fellow users and partners;
We may limit, suspend, or terminate the Splatter Books member 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 think that they are creating problems or legal liabilities, or acting inconsistently with the letter or spirit of our policies.
8. Termination. Splatter Books may terminate this Agreement at any time without notice. Registered Splatter Books members may cancel their membership at any time, and published Splatter Books authors may unpublish their book listings at any time subject to the conditions set out in 2c above.
9a. General. You (Author or End User) will indemnify and hold Splatter Books and its customers, members, employees and agents, harmless against any expense.
9b. Notice of Claim. Upon receiving notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with or contrary to any of the warranties or representations, Splatter Books 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 9.
10a Entire Agreement. This Agreement is the entire agreement between the parties concerning the subject matter hereof.
10b 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, the parties hereto have executed this Agreement as of the date and the year upon which the Author first approved such Terms of Service.
Thank you for reading.
A division of Splatter News Limited