Please read this agreement carefully as it contains important, legally binding information between You and "Gamas Publishing Inc" (aka GAMAS for the purpose of this agreement). Furthermore, You agree that it’s necessary for You to accept this agreement in order to publish your "ebooks" (also includes printed books aka Print On Demand versions) with us through our website.
Rights and Publication
You retain all rights, including all copyrights, to Your ebooks. GAMAS shall only Publish electronic (EPUB & MOBI) versions of Your ebooks, and acquires no other subsidiary rights, including hardcover or paperback editions, audio editions, theatrical editions, first and second serial rights or media rights other than as set forth herein.
Publishing on GAMAS is non-exclusive, which means that You can publish Your ebooks elsewhere EXCEPT You MAY NOT publish Your ebooks with Retail Channels where they are already distributed. Given double distribution is not accepted, it is Your responsibility to verify and send Your ebook to the appropriate Retail channel.
You decide what and when to publish with us, and You can “un-publish” at any time. Even after we distribute Your ebooks to retailers, You still retain all rights to Your ebooks. You can edit Your ebooks and their associated details whenever You want, and we will communicate those change requests to retailers to the best of our ability.
Ebook Distribution
When You publish with GAMAS, You grant us permission to distribute Your ebooks to one or more (according to Your choice) of the following Retail Channels (aka Retailers for the purpose of this agreement) : Amazon KDP, Apple iBookstore, Google Play/Books, Barnes & Noble and Kobo. You understand that we will distribute Your ebooks under our GAMAS accounts related to these Retail Channels for each book You publish on GAMAS, and that we will act as the sole seller for Your ebooks with one or more of these retailers, based on which Retail Channel You choose to distribute Your ebooks.
Given the terms of this agreement with GAMAS, herein, are non-exclusive, they are however exclusive on one or more of the following Retail Channels (depending on which one was chosen for distribution): Amazon KDP, Apple iBookstore, Google Play/Books, Barnes & Noble and Kobo.
When You publish on GAMAS, You grant us the ability to distribute those ebooks to retailers on Your behalf, collect payment from those retailers on Your behalf, and pay You as described in greater detail in the section titled “Royalty Payments to You (100% of Your net earnings)”.
You also grant us the ability to reproduce and display up to twenty percent of each of Your ebooks (including the title and any artwork they contain) and Your name for the express purpose of meeting the requirements of retailer sites, which show preview text of up to twenty percent of Your book.
Digital Files
You can only submit or upload EPUB files with GAMAS. However, while You are working with us, You agree not to upload Your files to retailers where we are distributing on Your behalf. If You request to remove Your ebooks from our distribution accounts, we will honor that request as soon as possible.
Quality of Your ebooks
GAMAS cannot take any responsibility – or incur any liability – in connection with the contents of Your ebooks or any of Your acts or omissions. It is Your responsibility to resolve any problems raised by third parties concerning these matters.
GAMAS is NOT responsible for the formatting of Your ebooks. You understand that we do not alter the contents of Your ebooks after You upload them on our platform.
You agree that it is Your sole responsibility to conduct a thorough proofread, and You understand that GAMAS cannot be responsible for any errors Your ebooks contain. (Although if You find errors after You publish, You can always correct them.) Also, we cannot be responsible for making Your ebooks bestsellers.
Royalty Payments to You (100% of Your net earnings)
We do not charge You a commission to publish on GAMAS. Retailers, however, charge money to sell Your ebooks. You acknowledge and understand that retailers take a commission from Your sales (see Retailer Commissions), and we pay You 100% of what’s left in United States Dollars and/or Canadian Dollars (minus the fees charged by our third-party payment processor, as described below).
Please understand that these commissions are subject to change, and we have no control over what retailers charge and when they may change their commission rates or structures.
You understand that we use a third-party payment processor to pay You, aka PayPal. You acknowledge and understand that this processor charges a processing fee, which we pass on to You. We don’t pay authors by any other means, so if You don’t have a free PayPal account yet, be sure to sign up for one.
Retailers will also adjust any international payments for relevant taxes as well as currency exchange rates. You acknowledge and understand that we pay You after retailers pay us, which is usually 30–60 days after the end of a given month. Once retailers pay us You will be able to get paid IMMEDIATELY by clicking on the «PAY ME» icon within Your dashboard account.
You understand that Your payments are based on audited (actual) sales numbers, not the unaudited (estimated) numbers that show up on Your downloads tracking page on GAMAS. In order to ensure proper and timely payment to You, please keep all of Your contact information accurate, current, and complete.
Licence Fee
You acknowledge and agree to pay a monthly licence fee as compensation for the use of the GAMAS technologies powering the «gamasbooks.com» website. Payment for this licence fee will start as soon as You publish one or more ebooks with one or more Retail Channels according to the number of ebooks you publish (based on Pricing Plan).
Payment Terms
You agree that payments made to GAMAS shall be made on a recurring basis, and shall be fixed in accordance to Your usage associated to Your PRICING PLAN. All payment cycles are renewed automatically for the same payment cycle (monthly). Payments for the current cycle are based on the prevailing rate on the first date of such cycle according to the number of ebooks You will publish during the monthly Payment Cycle. All costs are non-refundable.
Payment Processing
You agree to promptly notify us of any changes to Your billing information. In case You pay with credit card, You hereby authorize us to charge Your credit card on a recurring basis for all licence fees and to store Your credit card information on our servers and/or on third parties’ payment processing providers servers. Your payment may be processed through a third party payment processing service, and additional terms may apply to such payments. We currently engage a third party, for online payment processing services, and in addition to these Terms, You agree that such third party terms and conditions shall apply to Your online payments of the Licence Fee(s). We reserve the right to use other third party payment processing services for such purposes in the future.
Intellectual Property Rights
You acknowledge and understand that the performance of the website «gamasbooks.com» and/or use of algorithms, software, computer programs, source codes, API’s that provides publishing metrics, payouts and an automated website to You, including all Content contained or displayed on the Site (EXCLUDING Your copyrights to Your eBook(s) and its contents and user subscription information), are the property of GAMAS and may be protected by applicable copyright or other intellectual property laws and treaties. Title and full, exclusive ownership rights in the description and the Site (and all parts of either, including the Content), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including data related Your usage of the Site (EXCLUDING Your copyrights to Your eBook(s) and its contents and user subscription information), and GAMAS’s intellectual property, and any rights therein not explicitly granted to You hereunder, are reserved to and shall remain solely and exclusively proprietary to GAMAS (or its third party providers). The “gamasbooks.com” website, the GAMAS logo, and other marks are Marks of GAMAS or its affiliates. All other trademarks, service marks, and logos used on the Site or Service are the trademarks, service marks, or logos of their respective owners.
Warranties
When You publish on GAMAS, You assure us that:
You are the owner of the ebooks or You have received the appropriate permissions to publish on someone else’s behalf;
Your ebooks are not in the public domain;
Your ebooks do not violate any individual’s privacy; do not defame anyone; do not include pirated or plagiarized material; and do not infringe upon any copyrights, trademarks, or other third-party rights;
Your ebooks do not contain objectionable or pornographic content that will prevent retailers from selling them. (We’re all about artistic freedom, but the retailers set their own standards, with which we need to comply. If Your ebooks do not comply with those standards, we’ll let You know and give You the opportunity to fix the issues. Until any issues are resolved, we may have to cease selling the ebook(s) in question.)
Taxes on ebook income
You acknowledge and understand that You’re responsible for any taxes associated with income You earn from the sales of Your ebooks. You understand that we can’t be held responsible for improper taxation of the money You make from selling Your ebooks.
Termination of this agreement
The term of this agreement begins upon Your acceptance of it and will continue until it is terminated:
You may terminate this agreement without penalty at any time by sending a written notice of termination by email at gamasbooks.com.
We reserve the right to terminate this agreement without penalty at any time, although we will notify You in writing before we cancel Your account.
Upon termination, we will stop distributing Your ebooks and promptly give notice to the retailers to remove listings and cease sales of Your ebooks. Please be aware that some retailers may need some administrative time to process our termination notice, so they may not immediately stop selling Your ebooks after receiving our notice. Also, we and the retailers may fulfill any customer orders for Your ebooks pending as of the date of termination.
If for whatever reason You stop doing business with us, or we stop doing business with You, or a retailer stops doing business with You or us, You must keep Your account active and pay any monthly Licence Fee under the GAMAS Pricing Plan You had chosen until all or any remaining payments owed to You by retailers where Your ebooks were distributed. Once the last payment has been disbursed to You, Your account will be automatically closed and any future recurrent payments automatically stopped.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THIS WEB SITE OR SOFTWARE SHALL BE AT YOUR SOLE RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE’S CONTENT, ITS SOFTWARE OR THE CONTENT OF ANY SITES LINKED TO THIS WEB SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SOFTWARE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OR SOFTWARE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, GAMAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL GAMAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SOFTWARE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEB SITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO CASE SHALL GAMAS OR ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN DELIVERY OR AVAILABILITY DELAYS, MIS-PRICING, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is Your responsibility to monitor retailer listings and report errors to GAMAS, in which case GAMAS on a reasonable efforts basis will strive to work with the retailer to correct the error. In the event that GAMAS is found liable for any damages, for any reason whatsoever, You hereby expressly agree that, in no event will GAMAS’s liability to You exceed the amounts collected by GAMAS for the Work in question. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.
Changes to this agreement
We reserve the right to change the terms of this agreement at any time. We will give You notice of the changes by posting new terms in place of the old ones and, if the changes are substantial, we’ll also send You an email.
Changes to this agreement will be effective immediately upon notice. Please keep in mind that if You don’t like any change, You are free to terminate the agreement at any time.
Applicable Laws
You agree that: (i) the GAMAS Web Site shall be deemed solely based in Montreal, Canada; and (ii) this web site shall be deemed a passive web site that does not give rise to personal jurisdiction over GAMAS, either specific or general, in jurisdictions other than Montreal, Canada. These Terms of Service shall be governed by the laws of the Province of Quebec, Canada, without respect to its conflict of laws principles. Any claim or dispute between You and us that arises in whole or in part from GAMAS’s Web Site shall be decided exclusively by a court of competent jurisdiction located in Montreal, Quebec, Canada. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the GAMAS Web Site, shall constitute the entire agreement between You and us concerning the GAMAS Web Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is Your responsibility to review these Terms of Service for any changes. Your use of this web site following any amendment of these Terms of Service will signify Your assent to and acceptance of its revised terms. YOU AND GAMAS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to GAMAS.
April 2020