WizardPublish Terms & Conditions Last modified: Dec 14, 2022
Welcome to WizardPublish and the future of the sale of intellectual works. These Terms of Service are entered into by and between Customer (Chapter Customers, dear users, responsibilities “You” or “Customer”) or Retailers, Authors (Chapter Retailers, Authors, Dear Users, responsibilities “You” or “Publisher”) and Wizzarding Publishing US Inc. (“WizardPublish”, „WP”, “Company,” “we,” or “us”).
The Company through its website (https://WizardPublish.com/, the “Website”), offers and provides you with a platform to convert your manuscripts, selling and market your individual work (book (ebook), video, movie, music, study, online newspaper, painting, pictures, audiobook, and/or your digital content (the “Work”) as Individual Work Marketplace.
The following terms and conditions, along with any documents expressly incorporated by reference (collectively “Terms of Service”), govern your access to and use of the Services and the Website. It is better to ask than have any doubts or questions left unanswered so that you can reach us anytime via our contact form. Please don’t send us a letter by snail mail, but here is our legal address in case you need it: Wizzarding Publishing US Inc. Registered address: 677 N WASHINGTON BLVD #57
SARASOTA, FL 34236
PLEASE READ THIS AGREEMENT CAREFULLY.
Dear Users
1. You should read these Terms of Service because they contain our legal commitments to you and a number of DOs and DON’Ts, which you need to be aware of when you use our Website and Services. Please read these Terms of Service carefully to make sure you understand them. By using our Services, you agree to accept and be legally bound by these Terms of Service. If you disagree with the Terms of Service, you should not access or use our Website and the Services. You should also read our Privacy Policy. The Privacy Policy explains how we use your data. After you accept our terms and conditions, this agreement will have a binding effect on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties. The Service offered by WizardPublish through its Website having the address of www.WizardPublish.com is available to Vendors (Retailers, Authors) and Customers functioning as a marketplace. They preliminary accept the present Terms of Service, which shall be expressly accepted by the Publishers or Customers on the Website during the registration by clicking the “I AGREE” button.
2. Can WizardPublish change these Terms of Service? We can update and change these Terms of Service from time to time and the most current version of these Terms of Service at the Company’s sole discretion by posting revised terms on the Website. We will notify you of such changes by posting the modified version on the Website or through other communications and indicating the last modified date. It is essential that you review the Terms of Service whenever we modify them. If you continue to use the Services after we have posted modified Terms of Service on the Website, you indicate that you agree to be bound by the modified Terms of Service. If you disagree with the modified terms, you may not use the Services anymore.
3. How can you eligible to use the Website and the Service?
You may use the Services only if you are (a) 18 years or older, (b) capable of forming a binding contract with the Company, and (c) are not barred from using the Services under applicable law. By using the Services you represent and warrant that you are of capacity to form a binding contract with the Company and meet all of the preceding eligibility requirements.
4) Terms & Conditions Accepting. You also accept the guide includes our formatting and content guidelines in detail and the following policies: a) Exit policy b) Blog Participation Guidelines. The policies are subject to change following the changes of these Terms of Services.
Customers
5) Why WizardPublish? WizardPublish it provides an author-centered service in order for authors and retailers to be closest to their readers and to offer their intellectual works at the best price. Customers can buy on webshop with or without registration.
6) Buy without registration requires an email address and a payment method, Data management see Privancy Policy.
7) Buy with registration requires a Full Name, Email address, Paypal account or Bank card data Data management see Privancy Policy. You can access subscription content with Customer registration. To access some Website features, including your account information and periodic statements, you will have to create an online account (“Vendor Account”). You hereby represent and warrant that the information you provide to the Company upon registration will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that your Account information, including your email address, is kept accurate and up-to-date at all times during the term of this Agreement. Our Privacy Policy governs our use of your information, and you consent to all actions we take concerning your information consistent with our Privacy Policy. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the Services through your Account and will not use the Account of any third party. You agree to immediately notify the Company of any unauthorized use of your username, password, or Account. You agree that we may suspend and deny your access to and use of the Services and the Website if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or violated our rights or the rights of any third party, or for any other reason, with or without notice to you.
8) Can I register without buying? It is also possible to register without buying, payment data is not a condition for this case otherwise they apply to you 7). The advantages of customer registration are: we send marketing communications, newsletter, coupon, participation in the blog, partial or complete viewing of uploaded works etc.
9) Delete Account. Deleting an account is possible by pressing the function key „Delete Account” and confirming it. You can always register again later. Data management see Privancy Policy.
Retailers and Authors.
10) This is not an exclusive, all-or-nothing distribution. You are the copyright owner, so you decide where you want to publish. You have the right to sell your works in any store or on your website. You can choose your stores and retailers where you want to publish. WizardPublish is one of them, is an webshop. You can choose WizardPublish as a sales opportunity does not require exclusivity, it provides an author-centered service.
11) How do I start using the Service? To access some Website features, including your account information and periodic statements, you will have to create an online account (“Vendor Account”). You hereby represent and warrant that the information you provide to the Company upon registration will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that your Account information, including your email address, is kept accurate and up-to-date at all times during the term of this Agreement. Our Privacy Policy governs our use of your information, and you consent to all actions we take concerning your information consistent with our Privacy Policy. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the Services through your Account and will not use the Account of any third party. You agree to immediately notify the Company of any unauthorized use of your username, password, or Account. You agree that we may suspend and deny your access to and use of the Services and the Website if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or violated our rights or the rights of any third party, or for any other reason, with or without notice to you.
12) What are the selling rules? Generally, the author or retailers publish the Work’s on the WizardPublish webshop. Legal basis of publishing work a) own creation Copyright b) Acquired copyright WizardPublist not edit or modify the Work does not check its truthfulness and professional correctness. The Company may refuse to publish any content based on content or formatting-related issues, especially in the case of such content that violates or condones violence, unilateral political agitation.
13) You may choose to withdraw a Work from publication at any time, for any reason. After you submit your request to have a Work title removed, the title will be removed automatically within a few hours. Please note that the removal of your title may take longer due to possible ongoing purchases.
14) We also have the right to remove your Work. The Company reserve the right to remove and not use or exploit any of the Work from the Website in its sole and absolute discretion, for any reason or for no reason, including if the Company believes such content: (1) is offensive, harmful, obscene, defamatory unlawful, indecent, inflammatory, false, misleading, fraudulent or otherwise objectionable; (2) is the subject of a dispute between you or us and a third party; (3) is content to which you cannot document your rights therein upon Company’s request; (4) violates or is alleged to infringe the intellectual property rights, privacy rights, or other rights or protected interests of a third party; (5) is the subject of a takedown notice by a party claiming to own the rights therein, or (6) is the subject of any fraudulent activity, or for any other reason in Company’s sole and absolute judgment is necessary to protect the business interests of the Company. Publishing adult content is not prohibited, but it is mandatory to mark it when uploading the work with a nomination for those over 18 years of age, because in this case a different procedure applies to the published work.
15) We care about security. WizardPublish takes action to make sure your books are protected against illegal copies, more in digital rights management (the “DRM”).
16) You set the price (“List Price”) of your Work (including VAT if applicable and excluding sales tax if applicable). You can even set a different price for different currencies. If you need to make any changes, you can do so at any time. You can schedule price promotions. We will try our best to ensure that your Work is sold at the list price you set. If that happens, WizardPublish will calculate and pay royalties based on 17).
17) How much do I earn? With the WizardPublish sales model, you manage your own vendor account. You receive the royalties for the sold works immediately via the submitted payment route, the Wizardpublish deducts a 10% handling fee, so you are entitled to 90% of the royalties.
WP does not file a tax return for vendor invoices, WP provides a vendor summary and invoices for the deducted handling costs, the tax return for vendor invoices of royalties is the responsibility of the owner of vendor account. Selling book on WizardPublish vendor account it counts as direct distribution, In that case, you are responsible for collecting taxes (such as sales tax or VAT), and WizardPublish has no responsibility and liability.
18) How do I receive payments? The Publisher is responsible for any fees (e.g., wire transfer and other fees, charged by Publisher’s bank or any intermediary banks). Publisher shall provide the Company with correct and actual banking information of the Publisher. Otherwise, the Company has the right to withhold payment until the next payment cycle. We are obligated to withhold Royalties and offset them against future payments based on taxation law, in particular, US federal taxes. Our exercise of these rights does not limit other rights we may have to withhold or offset Royalties or exercise other remedies. If we pay you a royalty on a sale and later issue a refund, return, or credit for that sale, we may offset the amount of the Royalty previously paid for the sale against future Royalties or require you to remit that amount to us. If the Company receives notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with your warranties and representations, or if the Company has, in its reasonable business judgment, a reason to suspect that your Account has been subjected to and/or involved in fraudulent activities, the Company reserves the right to discontinue posting of monies to your Account and block your ability to otherwise withdraw funds from there, until satisfactory resolution and explanation of the suspect activities is obtained. To the extent that any fraudulent activities are determined to be caused by your or your affiliates’ actions or omissions, any costs incurred by the Company (including legal fees and costs) in connection in addition to that may, in addition to its other remedies, be deducted by the Company from any monies otherwise payable to you hereunder. Certain Stores may also have policies related to fraud and suspected fraudulent activities, and you agree that such policies shall be binding upon you hereunder.
19) What is your cancellation policy? You can cancel your subscription anytime, but it will go into effect immediately. After cancellation, your royalty earnings will be paid out to you after all taxation and payment information is filled in your Account. You can withdraw your titles at any time without prior notice Please note that the removal of your title may take longer due to possible ongoing purchases. Please submit a ticket if you want to delete your Vendor account. Canceling the subscription is not the same as deleting the account.
20) Payments terms are simple. It is your responsibility to notify the Company if your payment method has changed by making the appropriate changes to your Company account settings.
We welcome publishers worldwide, but all the Services provided under these Terms of Service are quoted and provided in U.S. dollars unless otherwise indicated. By signing up, you confirm that WizardPublish is eligible to create an invoice in your name based on sales reports using a self-billing system. You are exempt from any additional billing costs (posting, tracking, fees of electronic billing, etc.). For the self-billing to work, we will ask you to provide us with legal data according to your country of origin laws. If you refuse to give the information on time or give false or pseudo information, WizardPublish owns the right to refuse the activity of self-billing. We will not issue any payments without a valid invoice. In replacement of any other auditing rights, you may request a certification from a chartered accountant, once a year at maximum, confirming that WizardPublish has completely and correctly accounted for your remuneration from time to time. If any deviation amounting to more than 10% at your expense, WizardPublish shall be liable to pay the auditing fees; otherwise, you shall be liable to pay such fees.
21) Royalty earning reports: All accounting details will be available and updated in your Account area on the Website and sent to the Publisher every month. Such a report will contain all the transactions with the end customers in all countries and is based on the Royalty Payments you receive.
We provide you live sales data, which is collected in almost real-time. The official royalty earnings report must contains all the official data regarding Work sales. This report and the live sales data must meet in the same period.
22) Chargeback: if for some reason the WizardPublish issues a chargeback in the income reports, that means that the cstomes have refunded the title, so they appear as a negative item in the income reports. If the WP issues a refund to the customer for the Work, the refund will be charged to you, the publisher.
23) Tax Information. You are responsible for any income or other taxes due and payable resulting from payments to you by the Company under this Agreement. Publisher will indemnify, reimburse, defend and hold harmless from any tax claims and assessments (including interest and penalties) WizardPublish, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, and agents may be required to pay concerning VAT, GST, sales, use, gross receipts, business activity, and 10 similar type taxes based on the services performed by LSUK on behalf of Publisher according to this agreement. Publisher will be responsible for all taxes relating to the sale and distribution of the Works and the services provided by WizardPublish to Publisher under this agreement, including sales, use, personal property, gross receipts, business activity, VAT, GST, and similar type taxes and will be responsible for the collection, self accrual, reporting, and remitting of all such taxes and fees to the applicable authorities/jurisdictions. Publisher agrees to pay WizardPublish any sales, use, gross receipts, business activity, VAT, GST, and similar type taxes that WizardPublish is required to charge and collect and are imposed due to services rendered under this Agreement.
24) We both want your success with as many marketing options as possible. We also want your work to become successful, and we would like to help. This is why you will need to agree to the following: Names and Likenesses. You grant to us, during the Term, the right to use to use the names and approved likenesses of, and biographical material concerning any writers, authors, artists, or publishers, as well as Work or publication name, in any marketing materials for the sale, promotion and advertising of the applicable Work, which is offered for sale or other use under the terms of this Terms of Service (e.g., an author, writer, publisher, or artist name and likeness may be used in an informational fashion, such as by textual displays or other informational passages, to identify and represent authorship and publishing credits of the applicable author, writer, or artist in connection with the exploitation of applicable Work).
Promotion. You grant to us the right to market, promote and advertise the Work as available for purchase or license, as they and we determine in our and their discretion.
Responsibilities
25) We support Appropriate Behavior. a. Copyright Infringement Policy/DMCA. If you believe that your copyright or your rights under intellectual property laws are being violated by any content posted on or transmitted through the Website or products advertised on the Website, please contact us so that we may investigate the situation and, if appropriate, remove the offending content and/or advertisements. For us to investigate your claim of infringement, you must provide us with the following information:
● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
● A description of the copyrighted work or other intellectual property that you believe has been infringed;
● A description of where the material that you claim is infringing is located or identified on the Website;
● Your name, address, telephone number, and e-mail address;
● A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
● You made a statement under penalty of perjury that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
● Usage of our name and logo. Publisher shall not use the names, service names or trademarks or logos of, or otherwise identify or refer to, WizardPublish in any press releases, publications, websites, reports, studies, publicity, marketing or promotional materials, without the prior, written approval of WizardPublish in each instance, except that Publisher may publicly refer to WizardPublish as the publisher of the Work without any approval of WizardPublish. Restrictions on Use of Materials. The Website and all of its contents including, without limitation, all text, software, software source code, trademarks, logos, designs, images, photographs, audiovisual materials, written materials, graphical “look and feel” user interface, website information architecture, functional site features and layout, and any other form of material (“Website Content”) are owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content are owned by us or our licensors. Any rights or licenses of the Website Content not expressly granted by these Terms of Service are reserved. No software from the Website may be downloaded, exported, or re-exported in violation of any law, including, without limitation, to countries subject to US export restrictions. Your use of the Website Content without the written permission of the Website Content owner is strictly prohibited.
26) WizardPublish’s liability is limited. WizardPublish do not warrant that the site or any part thereof, or any services provided by WizardPublish, will be uninterrupted or free of errors, viruses, or other harmful components and do not warrant that any of the preceding will be corrected. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the site or any associated sites or applications, and offer your authorized content via the services, at your discretion and risk, and that you will be solely responsible for any damage to your property (including your computer system, handset or any other device or peripheral used in connection with the site) or loss of data that results from the download or use of such material or data. Any liability of the parties for loss or damage caused by slight negligence shall be excluded unless concerning any loss or damage the breaching party is to be held liable for in consequence of non-performance of any essential obligation, the fulfillment of which is a fundamental prerequisite for this Agreement to be implemented duly and properly and on the adherence to which the parties may generally rely (so-called cardinal obligations) on. In such an event, the breaching party shall be liable for damages to property and such financial losses attributable to the respective breach and could reasonably be anticipated upon execution of this Agreement. WizardPublish shall not be liable to you for special, incidental, consequential, or punitive damages of any nature, for any reason, including, without limitation, the breach of this terms of service or any termination of this terms of service, whether such liability is asserted based on contract, tort (including negligence or strict liability) or otherwise, even if we have been warned of the possibility of such damages.
27) You agree to indemnify WizardPublish. You agree to indemnify, defend and hold harmless the Company, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any third party claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from or arising out of your breach of any of these terms of service.
28) We have Links to other Websites and Services. The Website may include links to other Internet sites maintained by third parties (“Linked Sites”). We provide Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by us of the Linked Sites. You access Linked Sites at your own risk, and by accessing them, you leave the Website. Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site.
29) How can I a Notice given? Any notice, approval, request, authorization, direction, or other communication under this Terms of Service shall be given in writing. It shall be deemed to have been delivered on the delivery date, if sent by electronic mail to the addresses provided by you upon registration on the Website, or as correctly updated.
30) Disclaimers. Except as otherwise expressly provided, the Website, the services, and any third-party content, software, services, or applications made available in conjunction with or through the Website, are provided on an “as is” basis. We disclaim all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that your use of the Website will be uninterrupted or error-free or that the Website or its server is free of viruses or other harmful elements. Albeit we endeavor to provide accurate information, we do not warrant or make any representations regarding the accuracy or reliability of the information on the Website. Your use of the Website is at your own risk. Neither the Company nor any of its affiliated or related entities or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special, or otherwise), injury, claim or liability of any kind or character whatsoever based upon or resulting from your use or inability to use the Website or any information or materials provided on the Website. We are not liable for any defamatory, offensive, or illegal conduct of any user. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Website or any associated sites or applications, and offer the work via the services, at your discretion and risk, and that you will be solely responsible for any damage to your property (including your computer system, handset, or any other device or peripheral used in connection with the Website) or loss of data that results from the download or use of such material or data. If you are dissatisfied with the Website or any materials on the Website or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Website.
31) Force Majeure. The Company will not be liable to you for any failure or delay in the performance of its obligations under this Terms of Service caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.
32) We are independent contractors. The parties hereto agree and acknowledge that the relationship between them is that of independent contractors. These Terms of Service shall not be deemed to create any agency, partnership, or joint venture, and neither party is the other’s agent, partner, or employee.
33) Waiver. Any waiver by either you or the Company of any provision or condition of the Terms of Service shall not be construed or deemed to be a waiver of any other provision or condition of the Terms of Service, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.
34) Governing Law and Jurisdiction. The Website is controlled and operated by the Company from its offices in Sarasota. Although the Website can be accessed from all over the world, by accessing the Website, you agree that these Terms of Service shall be governed by and construed by the laws of the State of Florida, without giving effect to its conflicts of law principles. You also consent to personal jurisdiction in the State of Florida for any dispute arising hereunder.
35) Severability. If any portion of these Terms of Service is unlawful, void, or unenforceable, the remaining provisions will remain in place.
36) Assignment. The Company may assign its rights and obligations under this Terms of Service at any time to any party. You may not assign your rights and obligations under this Terms of Service without obtaining Company’s prior written consent.
37) Entire Agreement. The Terms of Service, Privacy Policy, and all additional terms constitute the entire agreement between you and the Company concerning the Services and the Website and supersede all prior and contemporaneous negotiations, agreements, proposals, and understandings of both written and oral Website and the Services.
38) The term of this Terms of Service will commence when you first access or use the Services or otherwise accept this Terms of Service and will continue, unless and until terminated by either you or us. If you want to delete your vendor account, submit a ticket with the following information: (i) your username; (ii) the email address associated with your Account; and (iii) “Delete Account” in the subject line of the email. Your works will be withdrawn, and your account will be deleted from WizardPublish operations depending on whether you have any unpaid royalties on our platform. We will use your data in compliance with the Privacy Policy (https://wizardpublish.com/privacy-policy/).
I. some functions are not available during the trial period, Trial perion first ebooks
II. some functions are not available during the trial period
III. some functions are not available during the trial periodú
VI. https://www.lawinsider.com/dictionary/acquired-copyrights
Acquired Copyrights means (a) the works identified in Exhibit L hereto (the “Works”), and (b) all copyrights, copyright applications, copyright registrations, copyrightable subject matter in the Works, rights of renewal, reproduction, distribution, performance and display, the right to prepare derivative works, and any and all causes of action heretofore accrued in Cellatope’s or any of its Affiliates’ favor for infringement of the aforesaid rights. For purposes of this Agreement, Acquired Copyrights includes Cellatope’s rights to do, or prohibit or authorize any third party to do, any act which, but for Cellatope’s ownership of the copyright in the Works by virtue of section 1.1(2) of the Copyright Designs and Patents Xxx 0000 or any analogous law in any jurisdiction, would infringe any of the author’s Moral Rights in the Works. As used herein, “Moral Rights” means the rights of the author under Chapter IV of the Copyright Designs and Patents Xxx 0000: (a) to be identified as the author of his work; (b) to object to derogatory treatment of his work; and (c) not to have any work falsely attributed to him as author and any other similar or analogous rights, existing under judicial or statutory law of any other country or jurisdiction in the world, or under any treaty regardless of whether or not such right is called or generally referred to as a moral right.
V. some functions are not available during the trial period
VI. 10% handling fee during the trial period, this amount will be deleted later, but will not increase in any way. The goal is 100% royalty.