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.”
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.
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.
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.
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.
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.
The Site allows Author to control pricing, distribution channels, sampling rights and output formats.
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.
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:
9c. You further warrant the book meets the following standards for originality:
9d. You further warrant the book represents a complete work:
9e. Accuracy of Payment Settings page information
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.
“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.