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BlueRose Publishers Terms of Services

Updated October 31, 2021

PLEASE READ THE FOLLOWING CAREFULLY

THE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME (“Terms”), ARE A BINDING AGREEMENT (“Agreement”) BETWEEN YOU (“End Users”, “Authors”, "Author Agents", and “Publishers” as defined below) AND BLUEROSE PUBLISHERS PVT. LTD.

By using the service available at www.bluerosepublishers.com and affiliated domains (the “Site”), You agree to the terms governing the applications, features, and functionality available on or through the Site (The “Service”). If you do not agree with the terms contained in this Terms of Service, do not use the service.

About BlueRose - BlueRose operates a self-serve book publishing (eBook, physical and audio books) and distribution platform. We also operate the BlueRose store. We make it fast and easy for authors, publishers, and agents to publish and distribute books. Although BlueRose provides authors, publishers and agents tools to publish and distribute books, BlueRose itself is a self-publishing tool, and therefore does not and cannot assume the legal rights, responsibilities or liabilities of a publisher.

The following describes how users of the Site who review or purchase books (“End Users”) and how they may review or use that work by the person or entity who posted the work (the “Author” or “Publisher”). For the sake of simplicity, this Terms of Service may use the term Author and Publisher interchangeably.

The term “Author’s Agent” refers to the Author’s duly authorized representative, who is fully authorized and empowered to act on behalf of the Author in all matters described in this Agreement, and who may be authorized to collect and receive directly the monies otherwise payable to Author (or “Publisher”).

The following also describes the rights and responsibilities of the Author and BlueRose . Any user of this Site who downloads reads or previews any Work on the Site is referred to as an “End User.”

1. The Grant and the Territory

The Author hereby grants and assigns to BlueRose the non-exclusive worldwide right to publish, distribute, market and sell (“Publish”), and to license others to do so, the work identified on the front page of your submission (the “Work”). Since the terms of the agreement with BlueRose , herein, is non-exclusive, the Author or Publisher is free to Publish, license, market and sell their work elsewhere so long as the Author or Publisher is not violating someone else’s agreement or violating any laws.

2. Publication.

BlueRose 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, BlueRose will Publish 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. BlueRose does not guarantee the accurate preservation of the original Work’s formatting. To assist authors with their book formatting,

2b. Publication at Option of BlueRose . BlueRose may decide not to Publish Author’s work or may decide to discontinue its publication of Author’s work for any reason, and no reason need be provided. Except in the cases of gross violations of this Terms of Service, BlueRose 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 BlueRose from listing a title.

2c. How to "Unpublish" Works from BlueRose . BlueRose may Publish the Work until Author of the Work decides to unpublish the work (to unpublish, log in to the system, click on “Dashboard” and then click “unpublish”). If author is unable to access the site, the author may notify BlueRose in writing to remove the Work. After that notice, BlueRose will remove the work from BlueRose .com and all other partnered sites within seven business days. If the author's or publisher's book has been distributed via the Global Distribution, the removal from the retail partners' digital shelves may take several weeks. BlueRose will do its best to assist authors and publishers to have their works removed, and to ensure authors/publishers who terminate their BlueRose accounts receive full payment for sales that may occur after account termination. To ensure your book is properly and quickly removed from the channel, go to your Dashboard and unpublish it. This will cause BlueRose channel partners to receive automatic notification to remove the book. Do not contact BlueRose first and ask to have your account deleted, as this will not remove your book from the channel. After you have unpublished your book, and after you have confirmed all channel partners have removed the book, then you may contact BlueRose if you want your account deleted (and please inform BlueRose you have confirmed the book is no longer in the channel).

2d. Removal of poorly designed works. At the top of the each page where authors publish their works, BlueRose clearly communicates to all authors and publishers their responsibility to study and follow the design tutorials. formatting requirements prior to uploading a manuscript to BlueRose .

BlueRose , at its option, may without warning close the accounts of authors and publishers who blatantly ignore the formatting requirements. We urge all BlueRose authors not to waste the time of readers, our retail partners or BlueRose with poorly designed works.

3. Infringement.

3a. Removal of Infringing or Defamatory Work of Author. BlueRose 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), BlueRose 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. The burden of proof, in such cases will be on the author and they will have to provide demanded documents for us to republish/reinstate the work

3b. Infringement by Others Upon 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 BlueRose -published work, the Author shall inform BlueRose ; however, it is the Author’s responsibility to seek relief from the offending parties. If that work is published on BlueRose , BlueRose will remove it per section 3a above.

3c. Rights Clearances and Other Legal Matters. It is Author’s responsibility to secure permissions to the Work prior to the time Author submits such work if any material from the work belongs to, or has been licensed to, someone else.

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 or can buy such services from BlueRose.

Formats of Digital Conversions. The author shall submit their Work as a pdf document or use our online file generator.

6. Royalties.

So long as the proper copyright protection subsists in the Work, no infringement notices have been filed, and revenues directly attributable to the Work are being collected by BlueRose , the Author and/or publishing party shall be entitled to the agreed payments: The publisher offers 70% of the profit as per the website calculator, from all sales. Actual royalty amount is calculated based on the work’s final specifications.

6b. Electronic Editions. BlueRose agrees to pay the Author or Publisher (whoever uploaded the content) up to seventeen percent (17%) of net proceeds received by BlueRose through the sale or licensing of your work (“List Price”). “Net proceeds” shall mean sales price paid and received less payment processing fees, affiliate fees, retailer discounts, costs due to erroneous or fraudulent transactions, credit card charge-backs and associated fees. Therefore, 17% of “net proceeds” does not equal 17% of the book’s sales price. BlueRose fully discloses and estimates anticipated payment processing fees and estimated proceeds to the Author at the time of submission of work.

6d. Promotional Rights. BlueRose shall have the right to distribute samples of the Work in any form of media, including printed media, in order to promote (a) the author or author’s Work and/or (b) the BlueRose service. These samples will be licensed for free, non-commercial use, duplication and sharing, and will comply with the sample percentage authorized by the Author.

7. Author-Controlled Terms.

The Site allows Author to control pricing, distribution channels, sampling rights and output formats.

8. Statements and Payments of Author Royalties:

Although BlueRose will refer in this agreement to “Royalties” for the sake of simplicity, payments to authors and publishers are usually considered “other income.” BlueRose pays author (or Author's Agent) and publisher as and when demanded, and never later than 15 working. Payments to authors are based on the accrued balance earned as of the last day of each calendar month, and this accrued balance is based on actual payment to BlueRose by the customer or retailer (please remember that retailers will usually report sales to BlueRose before those sales become payable to BlueRose , and therefore before they can accrue to the author's payable balance). It is the author's responsibility to ensure their payment settings are complete and accurate, otherwise, payments may be delayed until the issue is resolved and verified.

8a. Tax withholding: Authorities require BlueRose to collect tax certifications from all authors and publishers and withhold all required taxes. All authors and publishers must complete the required formalities as per govt. regulations to withdraw the withheld taxes.

8b. Account security: As an author, publisher or agent, you are responsible for controlling access to your BlueRose account. When you sign up for a BlueRose account, you will provide BlueRose an email address, phone number and a password as your login credentials. By publishing with BlueRose, you acknowledge your responsibility to choose a secure email/password combination, and it is your responsibility to keep this email/password combination private and secure and to update your password as needed to maintain account security.

9. Author and Publisher Warranties.

The warranties and representations contained in this Agreement extend to the Author and its licensees and successors and assigns. By uploading content to BlueRose , you agree that any violation of the warranties below may result in immediate closure of your account and the forfeiture of accrued earnings.

9a. By submitting Your Work to BlueRose for publication, you, warrant that you are the author or exclusive publisher or designated author or publisher agent and you 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 BlueRose herein; and agrees not to do any of the aforementioned without first unpublishing the work at BlueRose Has full right, power, and authority to enter into this Agreement and to grant the rights granted herein.
  • The content you are uploading to BlueRose meets the definition of "a book" or a complete short story.

  • 9b. 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 are defamatory to any person or entity
  • violate the publicity rights of another person or entity violate state and federal laws.
  • 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
  • advocates the use of Private Label Rights (PLR) content to make money on the Internet, or the modification of such content for the creation of Internet content
  • contain images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals 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 BlueRose and/or its retail partners
  • 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 BlueRose . Books priced at FREE are held to this same standard.
  • Makes false, misleading or inaccurate claims or promises in the book or book description
  • Is not the same book you previously published at BlueRose , then republished as a new book for the sole purpose of having it appear as a new book again. You must first unpublish the first work and then submit the new book following the complete process.
  • Use deceptive metadata designed to trick customers to think they're purchasing one author's book when they're actually purchasing another. For example, creating and using a pen name such as, "Twains Mark" in an attempt to mislead readers searching for books from "Mark Twain."

  • 9c. You further warrant the book meets the following standards for originality:

  • This is not a public domain work;
  • The book does not include word-for-word scrapes - or is not a compilation - from wikipedia or other public domain, government or commercial services;
  • Your books do not and will not appear elsewhere on the internet authored by people other than yourself or by pen names (pseudonyms) different from your pen name at BlueRose ;
  • None of your book content, either in part or in its entirety, is sourced from "private label rights" articles, article "spinners," books rewritten from plr, or ebooks or information sources which license the same content to other people;
  • you're not uploading generic, undifferentiated works (such as "101 Household Cleaning Tips"). If it's not 100% original, or if it looks like PLR, it's not allowed on BlueRose .
  • does not contain or comprise machine-generated language translations (all translated books must be human-translated and edited, not translated by language translation software such as Google Translate).

  • 9d. 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." short incomplete ramblings or works that read more like brochures than books are not allowed.
  • 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.

  • 9e. Accuracy of Payment Settings page information

  • When you establish your account at BlueRose , you will complete a Payment Settings page (located under Account Settings)
  • You acknowledge it is your responsibility to keep your Payments Settings page updated with accurate information.
  • You acknowledge that incorrect information may prevent or delay royalty payments.
  • You acknowledge it is strictly prohibited to knowingly enter false information when certifying your tax status. Any false or misleading information - may lead to immediate account closure and forfeiture of earnings.

  • 9f. Special guidelines for erotic literature:

    BlueRose has allows a wide range of erotic literature and has been a strong industry advocate to protect the ability of authors and publishers to publish legal erotica, and for readers to enjoy it. We understand that there are many gray areas when it comes to erotic content the author is required to follow the below mentioned guidelines. These guidelines will be enforced at the sole discretion of BlueRose . Thank you for your understanding as we work to preserve the greatest level of publishing freedom for our professional erotic writers and publishers.
  • Neither the book cover nor the book interior of erotic content may contain graphic images of nudity (either photographic or illustrated) or persons involved in sex acts
  • Erotica authors and publishers must categorize their books under fiction: erotica when uploading to BlueRose and must maintain these categories. If an author or publisher miscategorizes erotic content under non-erotic categories, they risk either removal of the work or account termination, at the discretion of BlueRose .
  • Authors who publish erotica and romance categorized under "fiction: romance: erotic" are required to provide supplemental categorization information related to certain taboo themes. Authors and publishers who fail to provide this information, or who deliberately miscategorize their works in an effort to subvert the collection of this information, may face book removal and/or account termination at the sole discretion of BlueRose or its retailers.
  • BlueRose has a zero-tolerance policy for underage erotica (characters under age 18). Underage erotica is strictly forbidden, and the upload of such will lead to immediate account termination. In erotic literature, children or underage minors cannot be engaged in sexual acts or situations, bear witness to such situations, be shown considering sexual acts, or be shown thinking about sexual acts.
  • "Barely legal" erotica is strongly discouraged, and is subject to additional review and may be removed without notice at the sole determination of BlueRose , especially if characters are in situations - or have mannerisms - that suggest that the characters are actually underage.
  • Rape erotica and sexual slavery erotica, where the predominant theme is rape violence for titillation, is strongly discouraged, and is subject to additional review and may be removed at the sole determination of BlueRose . Note that erotic BDSM fiction that adheres to BDSM best practices, where all role- playing is consensual with safe words, is allowed and not to be confused with rape or sexual slavery erotica.
  • Scat, snuff and necrophilia erotica is prohibited Bestiality erotica is allowed but not encouraged. A one-off title is more likely to be acceptable than if a publisher is publishing dozens or hundreds of such titles. At BlueRose discretion, such content may be removed or accounts closed.

  • 10. End Users.

    “End-Users” include authors, publishers, and customers. Customers are those who pay whichever fee is set by the Author to purchase or purchase a copy of the 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.

    10a. Rights of Use.

    1. Purchased works: As End User, you acknowledge that all Work furnished by BlueRose 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.

    10b. Fees and Services.

    By using the Site the End User customer is agreeing to pay the fees as presented by BlueRose and set by the Author or Publisher at the time of purchase. The Author sets the price for their individual Works. End User will have an opportunity to review and accept the fees for the purchase End User is requesting prior to payment. 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. Unless otherwise stated, all fees are quoted in INR. You are responsible for paying all fees and applicable taxes associated with your use of the Site.

    10c. Author,

    Publisher and Customer Conduct. BlueRose and its users work together to keep the Site working properly. Please report problems and policy violations to BlueRose .

    Without limiting other remedies, we may limit, suspend, or terminate the BlueRose 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.

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