Terms of Service

Grant of Rights

The rights granted here under shall include sale of digital goods (ebooks and audiobooks) and physical goods.

You irrevocably grant to Groundswell Enterprises, LLC ("Groundswell") through out the world, the non-exclusive right

(1) To digitally publish, copy, distribute, sell, market, or otherwise exploit (“Publish”) the content that you have submitted (the “Work”) on the BackMyBook service (the "Service").

(2) To collect all income deriving therefrom.

(3) To use the name(s), photographs and likenesses, artwork images, biographical and other information provided by you or the author's whose content is Published in Groundswell’s marketing or promotional activities.

Groundswell has non-exclusive rights to Publish the Work until the Author of the Work decides to unPublish the Work. The Author may unPublish the Work programmatically in the Website or notify Groundswell via email or writing to remove the work. After receiving notice, Groundswell will remove the work within 5 business days. Groundswell reserves the right to deny or remove any work from the Website at its sole discretion.

Fees

Groundswell keeps a 15% revenue share on gross proceeds of the unit price of the item. For other charges, such as shipping and taxes, Groundswell keeps a 5% revenue share to cover the cost of processing these charges.

Payments

(1) Groundswell will pay you 85% of the gross proceeds resulting from the unit price of the item. Groundswell will pay you 95% of the gross proceeds resulting from other charges, such as shipping fees and taxes, assessed during the sale of the item.

(2) These payments will be made on a quarterly basis, approximately one month after the close of the calendar quarter.

(3) These payments require the Author to accrue $100.00 or more in royalties. If the accrued royalties are less than the $100.00 threshold, Groundswell will delay payment until the payment period such that the accrued royalty exceeds $100.00.

(4) If an author terminates his or her contract with the Service, any royalties due to the author will be paid at the next payment period. See Payments item (2) above.

(5) Payments will be made via paper checks mailed to the Author’s address of record or through Paypal.

(6) If Groundswell overpays royalties, such as in cases where fraudulent or unauthorized purchases are charged back to Groundswell after royalty payments are made, Groundswell will deduct the funds owed from the Author’s accrued royalties.

(7) In order to collect royalties, the author must provide: (a) a billing address in the United States, (b) a US Social Security Number or a US Federal Employee Identification Number In the event that Groundswell has, in its reasonable business judgment, reason to suspect that you account has been subjected to and/or involved in fraudulent activities, Company reserves the right to withhold royalty payments until satisfactory resolution and/or explanation of the suspected activities is obtained.

Minimum Unit Price

Groundswell requires that the minimum unit price for a Work be $0.99 USD.

Ownership

You acknowledge and agree that the BackMyBook Service are proprietary to Groundswell and that the Work is proprietary to the Author.

Termination

Either may terminate this agreement at any time without notice. Upon termination, the Author will forfeit all subscription fees already paid to Groundswell.

WARRANTIES; REPRESENTATIONS; INDEMNITIES

You warrant and affirm that you are at least eighteen (18) years of age. You warrant and represent that you have the right and authority to enter into this agreement and to grant Groundswell all rights specified; all of the Work, including artwork, metadata, and any other materials furnished by you to Groundswell or relation to the Work are owned or controlled by you and shall not infringe on the copyrights or other rights of any person or entity; and that Groundswell shall have the right to exploit same in all manner hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity, other than the royalties due to you described above. You shall indemnify Groundswell and any of its affiliates (including any directors, members, officers, employees and other representatives) against any third party claims or expenses and losses resulting from breach, or a claim which if true would constitute a breach of the foregoing warranties, including reasonable attorneys’ fees and litigation expenses.

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