REVISED: 8th January 2019
BookPotato is a partnership with Black Windmill Ltd, an online community for authors and creative talent. We provide the tools for you to publish your work for personal use and/or for sale and distribution to others, a marketplace for the purchase of goods and services, and a site where you can participate in forums and discussion groups with like-minded people. The following terms and conditions have been developed to not only protect your work and your privacy, but also to describe our commitment to you as a community member as well as your responsibilities as a user of the site. Please do not hesitate to contact our Support Team if you have any questions about the terms of this agreement (contact details are found under ‘Contact Us’ on the website)
What We Are About
BookPotato is a place where people of all ages, backgrounds, experience, and professions can publish, sell, or buy creative content such as fiction or non-fiction books, poetry, cookbooks, articles, photography books, children’s books, and other items as deemed appropriate by BookPotato. We help people distribute information and art spanning a wide range of subject matter while providing a safe, friendly, respectful, and serious site for all content creators (herein will also be referred to as “PotatoCreatives”). Since our community (also referred to as “Potato Patch”) serves a broad range of ages, we do not encourage content that may be considered inappropriate or offensive to other users.
BookPotato respects the effort that goes into creating your remarkable work and we are committed to protecting copyrights as well as your right to privacy. As a PotatoCreative, you may not publish or post content that you do not own or have permission to publish. We take allegations of copyright and privacy violations very seriously. To that end, if you believe that material offered for sale on our site violates your copyright or right to privacy, you are encouraged to notify BookPotato via the ‘Contact Us’ section of the website. If a PotatoCreative infringes copyrights or other intellectual property or privacy rights, then it is at BookPotato’s discretion to terminate use or deny a PotatoCreative’s access to BookPotato’s website. If terminated for reasons of infringement, BookPotato has no obligation to provide a refund of any amounts previously paid to BookPotato or owed to the PotatoCreative.
The Membership Agreement below describes your rights as a BookPotato member, whether you are a PotatoCreative or buyer of content. It also lists our rights as the BookPotato.org site owner, the information we collect about users and how it is stored, our obligations to accurately collect and pay revenues earned by content owners, your ownership and rights to retire works published using BookPotato tools and services, and our liabilities for services provided by BookPotato and our partners. Please note that your use of the website, or the tools or services accessed from the website denotes your acceptance of this membership agreement and all of its terms.
As a BookPotato member, you have access to forums and groups, and opportunities to purchase goods and services, and to publish your works for sale or distribution to others.
The Terms also include posted terms and conditions applicable to specific services and/or features, all of which are hereby incorporated by reference. Such additional terms and conditions (“Additional Terms”) will be posted for viewing in conjunction with the applicable feature or service. In the event of a conflict between these Terms (other than Section 16, 17, 18 and 19 of these Terms) and the Additional Terms, the Additional Terms shall control; with respect to conflicts between the Additional Terms and Sections 16, 17, 18 and 19 of these Terms, Sections 16, 17, 18 and 19 of these Terms shall control.
We reserve the right at any time to change all or any part of these Terms; change the Site, including by eliminating or discontinuing any content on or feature of the Site; and change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the ‘REVISED’ legend at the top of these Terms. It is Your responsibility to ensure familiarity with the most current version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Site; or any change in any fees or charges for use of the Site.
As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party.
N.B. You are ultimately responsible for maintaining confidentiality of your username and passwords, as well as for any and all, activities that are conducted through your account
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by BookPotato to access the Site, we grant to you a non-exclusive, non-transferable, non-sub-licensable, limited right and license to access the Site, including any text, images, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Site (other than your Content), solely as made available by us, solely as necessary to access the Site and solely for your own purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Site may include advertisements and that such advertisements are a necessary part of the Site. The Site, including all such materials and all intellectual property rights therein, remains the property of BookPotato or its licensors or suppliers. Except as expressly authorised by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Site without the written consent of BookPotato. Nothing herein grants any rights to commercially exploit any portion of the Site or any content therein. All rights not expressly granted hereunder are expressly reserved.
Technical, maintenance and other issues may make the Site unavailable from time to time.
N.B. BookPotato DOES NOT commit, offer warranty or guarantee, that the site will remain uninterrupted or without error, or that the site will always meet the user’s purposes. BookPotato may, in its discretion, modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
While using the Site you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Site pursuant to Section 9 below. While using the Site, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity
- Restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Violate any applicable laws or regulations;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Use the Site to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- Engage in spamming or flooding;
- Attempt to upload images by any method to another user’s account without permission;
- Access or use (or attempt to access or use) another user’s content without permission;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site;
- “Frame” or “mirror” any portion of the Site, or link to any page of or material on the Site other than the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site;
- Harvest or collect information about or from users of the Site without their express consent and, if such consent is provided, only pursuant to applicable law.
We may suspend and/or terminate your access to and use of the site and/or any features made available through the site immediately if you fail to comply with the above rules or otherwise fail to comply with these terms, a determination to be made in our sole discretion.
In the event that you post or upload to the Site in compliance with Section 2, or otherwise submit to or through BookPotato as part of your use of the Site, any materials including, without limitation, text, photographs and other images, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, “Content”), you will retain ownership of such Content. You hereby grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free (except as otherwise agreed during the online publishing process) right to use, reproduce, distribute (through multiple tiers) and publicly display such Content, solely in connection with the Site. Should you decide to limit the access to and distribution of your Content, we will use commercially reasonable means to prevent such access and distribution. However, we cannot guarantee that these means will work all of the time. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organise such Content through tools and features made available through BookPotato are not proprietary to you, and can be used by BookPotato and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of BookPotato.
You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorisation, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, (iii) at BookPotato’s request, and without further consideration, you will promptly provide BookPotato with reasonable evidence of such adequate and enforceable rights of third parties (i.e., consents, approvals, licenses or sublicenses), and agree that BookPotato may provide a copy of these Terms to anyone claiming an infringement of copyright/trademark relating to your Content, or to law enforcement or other entities as required by law or as BookPotato reasonably determines to be necessary to protect its rights or the rights of others, (iv) you will abide by the Content Policy and Guidelines posted on the Site, and (v) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in your Content to use such individual’s likeness, for purposes of using and otherwise exploiting the Content in the manner contemplated by these Terms (including for purposes of promoting the Site), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide BookPotato with a copy of any such consents, releases and/or permissions upon BookPotato’s request). If you do submit Content that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such Content. Any violation of this Section, as determined in our sole discretion, can be cause to remove any and all of your Content from the Site, remove from applicable Distribution Channels, and to terminate your account and access to the Site.
None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Content (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Content (including, without limitation, by suspending the processing and shipping of any order relating to any Content); and/or (c) disclose any Content, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the services on the Site; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Please note that we may also provide users with an automated method of reporting Content that they believe to be inappropriate. If we do provide such a method, Content that is reported more than a certain number of times may be automatically removed from the Site; provided, however, that BookPotato has no obligation to remove Content in response to user reports or requests. BookPotato is not responsible for, and will have no liability for, the removal or non-removal of any Content from the Site. We recommend you keep back-up copies of your content on your hard drive or other personal system, as the site is not intended to be a back-up solution for storing your content.
BookPotato reserves the right to (1) reserve a portion of the back cover of a book of any published Content for placement of a unique identifying number and barcode (this number may be the Content’s ISBN number, if an ISBN number is assigned), and (2) delete Content from BookPotato’s database after a defined period of time, as set forth in the then current policies of BookPotato.
The Site may permit users to share their Content with other users, including but not limited to our user testimonials, user reviews, user comment functionality, user forums and blogs (collectively, “Forums”). Some Forum participants may use anonymous screen names and may have no other connection with BookPotato. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed on the Site by third parties, whether such third parties are users of the Site or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of BookPotato. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will BookPotato, any of our affiliates, distributors, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through the Site. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through the Site.
Some features of the Site enable you to send and receive transmissions. You acknowledge and agree that BookPotato has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. BookPotato reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through the Site and/or the amount of storage space available for transmissions or for any feature made available through the Site.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of, or discontinue any product or service; to honour, or impose conditions on the honouring of any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
BookPotato is committed to protecting copyrights and expects users of the Site to do the same. Copyright, Designs and Patents Act 1988 (“CDPA”) (https://www.gov.uk/government/publications/copyright-acts-and-related-laws) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, contact BookPotato support team:
BookPotato.org & Black Windmill Ltd.
If you wish to publish Content through BookPotato.org then you acknowledge BookPotato holds publishing rights to that content, adhering to specific requests made by BookPotato as follows:
- You allow BookPotato to be the sole retailer and distributor of that content within the UK for the first 31 days, commencing from the publication date as documented on ISBN information. During this initial 31 days, Content cannot be placed with retailers that have UK based distribution (such as Amazon.co.uk), but companies that do not have UK distribution (such as Amazon.com) are acceptable within the initial 31 day period.
- After the initial 31 day period, you may place your Content to retailers with UK distributors at your desire, but BookPotato reserves the right to advertise as the cheapest retailer of any Content published by BookPotato; you agree that if you chose to sell your Content with any other UK distributing retailer then you will set the price at no less than £1 more expensive than the retail price of BookPotato
You will generally be provided the opportunity to direct how the Content should be published and conditions for distribution and sale. The publishing process converts your Content into print-ready files. You may use these converted files to distribute and/or sell your Content, as you choose, through BookPotato and/or distribution channel partners.
BookPotato 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 BookPotato services. These samples will be licensed for free, non-commercial use, duplication and sharing, and will comply with the sample percentage authorised by the Author.
BookPotato’s distribution service feeds to third party selected online and trade retailers. Should an Author choose Global Distribution for their titles, author titles will be presented for sale and included in all distribution feeds to these selected retailers. BookPotato shall not be liable for failure by the third-party retailer to list those titles for sale. Similarly, Authors can choose to opt out of channels at any time and at their discretion. BookPotato sends the Author request for removal in a periodic feed, however BookPotato cannot dictate the speed at which the third party removes the titles for sale. Lastly, where BookPotato operates a direct to consumer online retail platform it will be BookPotato’s discretion if titles are listed.
7.1 Book Distribution Rights.
7.1.1 Delivery. You must provide to us, at your own expense, the Content you desire to distribute through BookPotato. We will not return to you any electronic files or physical content or media you deliver to us in connection with the Content. You must deliver all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code.
7.1.2 Content Requirements. You must ensure that all Content is in compliance with this agreement at the time you submit it to us. If you discover that Content you have submitted does not comply, you must immediately inform BookPotato via email@example.com and withdraw the Content.
7.1.3 Reformatting. We may, in our discretion, reformat your Content, and you acknowledge that unintentional errors may occur in the process of reformatting. If any such errors do occur, you should inform BookPotato via firstname.lastname@example.org. We may also, in our discretion, correct any errors existing in a Book file as you deliver it to us.
7.2 Marketing and Promotion and Reviews
7.2.1 Marketing and Promotion. We will have sole discretion in determining all marketing and promotions related to the sale of your Content through BookPotato and may, without limitation, market and promote your Content by making chapters or portions of your Content available to prospective customers without charge, and by permitting prospective customers to see excerpts in response to search queries. We will not owe you any fees for any marketing or promotional efforts. You acknowledge that we have no obligation to market, distribute, or offer for sale any Content, or to continuing marketing, distributing or selling Content after we have commenced doing so.
7.3.1 List Price. The list price will be discussed with PotatoCreatives, BookPotato will offer a market appropriate suggestion but largely the price will be dictated by the PotatoCreative, however, the List Price must allow a minimum of £1 revenue to BookPotato per unit sold, thus 30% profit of each unit must provide no less that £1 revenue for BookPotato. Where your Royalty is calculated based on your List Price, it will be calculated based on your List Price exclusive of the VAT applicable to the customer. You may change your List Price via contact with BookPotato, and your change will be effective within 5 business days. The List Price for purposes of the Royalty calculation will be the List Price we determine to be effective at the time of customer purchase.
7.3.2 Currency Conversion. We may sell Content using multiple currencies. When we do, we may convert the List Price you submit to other currencies at an exchange rate that we determine. We may periodically update the converted List Price in order to reflect current exchange rates. If the converted List Price would be outside of the minimum List Price we accept for the Sale Currency, your List Price will be converted so that it is equal to the applicable minimum List Price for that Sale Currency. For purposes of royalty calculations, the converted List Price in the Sale Currency will be your List Price when we offer and sell your Content in the Sale Currency.
7.3.3 Customer Prices. To the extent not prohibited by applicable laws, we have sole and complete discretion to set the retail customer price at which your Books are sold through BookPotato. We are solely responsible for processing payments, payment collection, requests for refunds and related customer service, and will have sole ownership and control of all data obtained from customers and prospective customers
7.4 Grant of Rights.
You grant to BookPotato, throughout the term of this Agreement, a nonexclusive, irrevocable, right and license to print (on-demand and in anticipation of customer demand) and distribute Content, directly and through third-party distributors, in all formats you choose to make available through BookPotato by all distribution means available. This right includes, without limitation, the right to: (a) reproduce, index and store Content on one or more computer facilities, and reformat, convert and encode Content; (b) display, market, transmit, distribute, sell, license and otherwise make available all or any portion of Content through BookPotato, for customers and prospective customers to download, access, copy and paste, print, annotate and/or view online and offline, including on portable devices; (c) permit customers to “store” Digital Content that they have purchased from us on servers (“Virtual Storage”) and to access and re-download such Digital Content from Virtual Storage from time to time both during and after the term of this Agreement; (d) display and distribute (i) your trademarks and logos in the form you provide them to us or within Content (with such modifications as are necessary to optimize their viewing), and (ii) portions of Content, in each case solely for the purposes of marketing, soliciting and selling Content and related BookPotato products; (e) use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any metadata that you provide in connection with Content; and (f) transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) Content as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display). In addition, you agree that we may permit our affiliates and independent contractors, and our affiliates’ independent contractors, to exercise the rights that you grant to us in this Agreement. You grant us the rights set forth in this Section on a worldwide basis.
7.5 Rights Clearances and Rights Dispute Resolution.
You will obtain and pay for any and all necessary clearances and licenses for the Content to permit our exercise of the rights granted under this Agreement without any further payment obligation by us, including, without limitation, all royalties and other income due to any copyright owner. If you notify us through the procedure we provide on the applicable Site for making claims of copyright infringement that a third party has made Content available for distribution through BookPotato that you have the exclusive right to, then, upon your request and after verification of your claim, we will pay you the Royalties due in connection with any sales of Content through BookPotato, and will remove the Content from future sale, as your sole and exclusive remedy.
7.6 Representations, Warranties and Indemnities.
You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) prior to you or your designee’s delivery of any content, you will have obtained all rights that are necessary for the exercise the rights granted under this Agreement; (c) neither the exercise of the rights authorised under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; (d) you will ensure that all Content submitted to BookPotato comply with the technical delivery specifications provided by us; (e) you will be solely responsible for accounting and paying any co-owners or co-administrators of any Content or portion thereof any royalties with respect to the uses of the Content and their respective shares, if any, of any monies payable under this Agreement; and (f) you will not attempt to exploit BookPotato. To the fullest extent permitted by applicable law, you will indemnify, defend and hold BookPotato, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement. We will be entitled, at our expense, to participate in the defence and settlement of the claim or action with counsel of our own choosing.
As used herein and for the sale of Content through BookPotato.org:
- PotatoCreative Revenue– means the percentage of Net Revenue due to you as author for Content which was sold and paid for in full.
- Gross Selling Price– means the Sales List Price after any discount that you as author would like to include in order to promote your Work, if applicable.
- Net Revenue– means the remaining monies after subtracting BookPotato’s manufacturing costs and mark-ups or fees for sales with distribution partners, from the monies actually received for customer purchases of Content (based on Gross Selling Price).
- Returns and Refunds– when we process returns or refunds of purchased Content, this may result in an offset of the amount of Net Revenue owed to you.
- Royalties– the PotatoCreative Revenue that is reported to HM Revenue and Customs (HMRC), as applicable.
- Sales List Price– means the price determined by you as author for the Content, subject to variances in international manufacturing costs. The Sales List Price will be the price listed in any distribution channel.
- Taxes; Shipping and Handling– sales taxes, VAT and other similar taxes, and shipping and handling are separate and apart, and not subject to revenue calculations.
If you have published and sold Content on the Site, the amount of PotatoCreative Revenue you are owed will be visible in your account under “My PotatoPatch” information tab of the Site. PotatoCreative Revenues that are due to you will be paid electronically via the bank details that you provide on set up of your PotatoPatch account. Further specifics about payments to PotatoCreatives are documented on the site under “PotatoCreative Support”.
It is your responsibility to update your contact information. If we are unable to contact you using the contact information provided, we may, at our sole discretion, charge a termination fee equal to the amount of unpaid PotatoCreative Revenue to cover administrative costs.
In order to use the basic BookPotato services you are not required to provide any taxpayer information. However, based on withholding that may be required by the HMRC, the payment you receive may be less than the PotatoCreative Revenue. You are also responsible for any taxes, fees and penalties associated with your receipt of PotatoCreative Revenue or sale of your Content, and indemnify BookPotato for any such tax, fee or penalty.
You are responsible to any third party for payment of royalties, commissions, etc. that may be owed to them based upon agreements you have made with a third party and/or liabilities you have incurred to third parties.
BookPotato reserves the right to place a hold on any payment based upon suspicious activity, including but not limited to, potential fraud, copyright infringement or other violations of these Terms, claims by third parties and/or questions regarding rightful ownership of the account.
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Content), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Other websites may provide links to the Site with or without our authorisation. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
You agree that your use of third-party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.
- Each promotional offer (“offer”) claim code can be used only once.
- Limit one offer per account.
- The offer must be redeemed at our Site toward the purchase of products sold by BookPotato. If BookPotato is not the seller, that fact will be noted on the product detail page.
- Offer may not be available to be redeemed at any other Website operated by BookPotato, its affiliates, or third-party merchants (including Websites linked to or from the https://bookpotato.org site).
- The offer cannot be used to pay for special-order titles, taxes, or shipping and handling charges.
- If the offer has a minimum purchase requirement, taxes and shipping and handling charges do not apply toward the minimum purchase amount.
- If you are ordering items to be shipped to more than one address, a separate order must be created for each address. The offer will be applied to only one of the resulting orders. Some offers may not be combined with other offers in the same order. Generally, only one promotional claim code may be used per order.
- Each offer is valid for a limited time only and expires on the date specified in the offer.
- The offer’s cash value is 1/100th of one pence.
- The offer is not for resale and is not redeemable for cash.
- The offer cannot be applied to orders already placed with BookPotato.
- If there is a problem with items purchased using a promotional code and BookPotato grants a refund, you will not receive a refund for the amount of the offer.
BookPotato reserves the right to refuse to pay any PotatoCreative Revenue where we find, in our sole discretion, that you have abused our promotions and/or other processes to garner monies by manipulation and/or other fraudulent and abusive techniques. If we find such activity to have occurred, we reserve the right to terminate your account and withhold all PotatoCreative Revenue payments.
An item that is “print on demand” is manufactured when the order is received. If you receive an item that is damaged, we will provide a replacement of the item at our sole discretion based upon photographic evidence. Due to the nature of the print-on-demand manufacturing process, it is not economically feasible to accept returns on physical products. We may not require that damaged physical products be returned to us, nor do we guarantee returns will be accepted. Refunds are issued at our sole discretion.
BookPotato cannot and does not accept responsibility for the quality of the Content hosted and/or purchased (including misspelled words, grammatical errors, factual errors, poor quality pictures, etc.), the Content’s formatting, design or overall appearance. The PotatoCreative approves the visual presentation and Content of each item and bears responsibility for its quality and presentation. BookPotato will conduct a basic quality review of submitted Work, but these checks are by no means thorough and are an overview of the final appearance. BookPotato does not monitor or check individual Content in entirety prior to publication or sale through the Site.
How to return or request a refund of an item
- We accept returns up to 30 days after the original purchase date. If 30 days have gone by since you ordered the item(s), unfortunately we cannot offer a refund.
- Please fill out the contact form or email email@example.com. Ensure that you include your name, order number and the reason for return, the BookPotato team will process your request and respond within 5 working days
- Returned items must be in original condition – including tags, booklets, and labels – and must also be in the original packaging.
- Merchandise cannot be returned if washed or worn.
- You are responsible for return shipping costs
- BookPotato cannot be responsible for lost or damaged packages, however, it is at our discretion if a refund or replacement is offered in those circumstances
- Unfortunately we are unable to accept returns for personalised goods or print on demand merchandise (e.g. cups and tees), please select carefully when purchasing. However if you received the incorrect order then please contact us.
- We only replace items if they are defective or damaged. We will exchange the damaged item by replacing it with the same exact item. Please include a photo of the damaged/defected item when emailing your request for a replacement. We will provide you with the necessary steps for receiving a new item.
- Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
- Refunds will be issued to original payment method including PayPal. The number of days the credit will post will depend on your financial institution.
- You will be responsible for return shipping costs.
- You will be responsible for paying for your own shipping costs for returning your item.
- Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
(also see Appendix 1 and 2 of this agreement) You may choose at any time to retire your published Content on BookPotato Should you do so, the Content will not be visible to other users and will not be available for sale on the BookPotato Site. Retired Content will be deleted from BookPotato’s database after a defined period of time, as set forth in the then current policies of BookPotato.
However, for all Content listed through distribution channel partners that you choose to retire, (1) this process will take several business days before the distribution channel partner takes any action, and (2) your Content may still be listed by the distribution channel partners and, while not available for sale, it may continue to be listed and shown as “unavailable,” “out of stock,” or the like.
Net Revenue received by BookPotato prior to distribution channel partners disabling the ability of your retired Content to be sold, will continue to be subject to the Terms and PotatoCreatives Revenue shall be paid to you when applicable.
If your Content has not been published, you can delete it from your “PotatoPatch” and it will be removed from the BookPotato database, subject to our archiving process. This type of draft Content will be deleted from BookPotato’s database after a defined period of time, as set forth in the then current policies of BookPotato.
You may terminate your PotatoCreative Account by following the link on your “PotatoPatch” account, or by contacting BookPotato support with a specific request to do so. Your request to terminate will become effective within 30 days after BookPotato acknowledge receipt of your request. All terms above regarding retiring or deleting Content continue to be applicable.
BookPotato will retain any part of your Personal Data for as long as is reasonably required to fulfil the purposes for which it was collected. Data retained in backups will be removed only as the backups are purged in the normal course of BookPotato’s backup procedures.
Generally, your Content will only remain accessible for defined periods of time, depending on the type of Content (e.g., retired, unpublished draft, prior revisions, questionable content, years without sales, etc.). This type of Content will be deleted from BookPotato’s database after a defined period of time, as set forth in the then current policies of BookPotato. Accordingly, BookPotato strongly recommends that you do not rely upon BookPotato as a storage site for your content.
If you purchase Content from the Site (including receipt of free Content), you agree to the following restrictions with respect to such acquired Content and the information contained therein:
- You can resell physical copies of Content (e.g., printed books) you have purchased;
- You may not resell any other Content or otherwise profit from its use or display;
- Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative works from the Content is permissible only if expressly permitted by the author of the Content and only to the extent so permitted. You agree to abide by any restrictions included with the Content;
- The Content owners who sell Content through BookPotato retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer the Content, any part thereof, or any related rights or obligations hereunder, to any third party except as may be expressly allowed in the terms under which the Content is provided to you; and
- You will not remove or obscure any proprietary rights notices contained in or on the Content.
In general, BookPotato collects Personal Data when you register with BookPotato, when you use BookPotato services and when you visit BookPotato pages or pages related to the Content posted on the Site. This information is used to fulfil your requests for products and services, to comply with specific regulations, to conduct research, to contact you, to contact those who purchase your Content and to improve BookPotato’s services. BookPotato endeavours to limit access to your Personal Data to only those BookPotato employees, agents and service providers who reasonably need access to complete these purposes. You may view and edit your account information at any time.
BookPotato will disclose Personal Data under the following circumstances:
- In response to subpoenas, court order, other legal process, to establish or exercise BookPotato’s legal rights or defend against a legal claim, or as otherwise required by law;
- As necessary to investigate, prevent, or take action regarding violations of the Terms, suspected illegal activity or threats to the physical safety of another person;
- To BookPotato’s trusted partners who work on behalf of BookPotato under confidentiality agreements;
- If BookPotato is involved in a merger, acquisition, reorganisation, sale of some or all of our assets, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings), to that company; and
- If you have specifically enabled any consent within the Site that allows distribution of specific information
You agree to indemnify, defend and hold us, our affiliates, parent companies, subsidiaries, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Content; (c) your activities in connection with the Site (including, without limitation, any and all purchases) and/or (d) any taxes, fees or penalties associated with your receipt of PotatoCreative Revenue or the sale of your Content.
You will not do anything to intentionally prejudice the rights granted hereunder, but in the event that you lose any rights or other licenses, consents or permissions relating to specific Content that are necessary for you to grant the rights you grant to us hereunder, or you receive notice of a third-party claim relating to Content which you reasonably deem to be of concern, you will immediately retire or delete such Content from our Site. Notwithstanding the foregoing, you will use commercially reasonable efforts to maintain the rights to the Content that you provide to us under this Agreement. Without limiting our rights or remedies under this Agreement, you will reimburse us for any refunds we make to Customers as a result of the withdrawal of Content under this Section. For the avoidance of doubt, nothing in this paragraph is intended to relieve you of your indemnification obligation above.
The site, including, but not limited to, all materials incorporated therein and all features and functionality of the site, is provided “as is,” “as available,” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, BookPotato and its affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. We, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives do not warrant that your use of the site will be uninterrupted, timely, error-free or secure, that defects will be corrected, or that the site, the server(s) on which the site is offered or any software incorporated into the site are free of viruses or other harmful components. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement of BookPotato and/or its affiliates, distributors, partners, licensors, advertisers and/or sponsors, and/or our and their directors, officers, employees, consultants, agents and other representatives, whether made on or through the site or otherwise, shall create any warranty. Use of the site is entirely at your own risk.
To the fullest extent permissible by applicable law, neither BookPotato nor any of our affiliates, distributors, partners, licensors, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site (including, but not limited to, all materials incorporated therein and all features and functionality of the site). Your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. To the fullest extent permissible by applicable law, the sole, exclusive and maximum liability of BookPotato arising out of or in connection with these terms or the site, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be £100. Some Countries/States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
BookPotato does not provide legal, financial, tax, accounting or other professional service advice and prohibits the use of any communication or information from BookPotato that you use for such purposes except for tax statements issued by BookPotato in the ordinary course of business.
BookPotato is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties, which is owned by the licensors of such Content. BookPotato owns the design, format and layout of the Site. The BookPotato logos and the names of all BookPotato products and/or services as posted on the Site are trademarks and/or service marks or registered trademarks and/or service marks of BookPotato. The Site is ©2018-2019 BookPotato and/or MOG Publishing. All rights reserved.
All trademarks and service marks on the Site not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
For avoidance of doubt, and without limiting the foregoing, you have no right to post, make available to others, or otherwise distribute in any format any electronic materials downloaded from the site or any derivative works of such materials.
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at BookPotato, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving the Site; however, please note that any such ideas or suggestions that you submit will be owned by BookPotato, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to BookPotato. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Content, subject to the license granted to BookPotato in Section 3 of these Terms. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending an email to firstname.lastname@example.org . If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by BookPotato in order to evaluate your idea or suggestion.
The Site is controlled and operated by BookPotato from the United Kingdom, and is not intended to subject BookPotato to the laws or jurisdiction of any other Country or territory other than that of the United Kingdom. BookPotato does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
BookPotato makes no representation that material on the Site is appropriate to or available at locations outside of the United Kingdom. You may not use the Site or export the Contents in violation of English law. If you access this Site from a location outside of the United Kingdom, you are responsible for compliance with all applicable local laws and payment of any local taxes that may be payable in connection with any purchase from the Site.
BookPotato’s headquarters and principal operations, including control and supervision of the Site, are based in Surrey, England. This Agreement is governed by English law, without regard to its “choice of law” or “conflict of laws” provisions that would apply the laws of another jurisdiction.
The Terms in Sections 16, 17, 18 and 19 relating to disclaimer of warranties, limitations of liability, indemnification and intellectual property shall survive termination of this Agreement.
Except for delay in payments due, if anything happens that is beyond reasonable control of either party, You or BookPotato, (wars, sabotage, riots, labour disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. BookPotato and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such an event beyond their reasonable control.
References to business or distribution channel “partners” in connection with BookPotato’s operations refers to organisations with which BookPotato has business relationships and does not imply formal legal partnerships.
Every term of this Agreement is intended to be severable. If any term of this Agreement is found to be invalid or unenforceable, then such term will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the term will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent.
These Terms may not be modified or amended except with our prior written consent.
Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions or comments regarding these Terms, please contact: email@example.com
Items sold through the BookPotato Site must follow the content policy and guidelines detailed below. PotatoCreatives, producers or sellers of Content are expected to conduct proper research to ensure that the Content sold through the Site is in compliance with all local, state, national, and international laws. If BookPotato determines that the content is prohibited, we may summarily remove or alter it without returning any fees the listing has incurred. BookPotato reserves the right to make judgments about whether or not content is appropriate.
Guidelines of Content that is not permitted on the Site:
- Pornography- age 18 rated text, photographs and movies, home porn, hard-core material that depict graphic sexual acts, and amateur porn are not permitted.
- Offensive Material- Items such as crime-scene pictures, videos, pictures and videos of cruelty to animals, and extremely disturbing materials. This includes content that BookPotato deems to promote harm, threaten, promote the harassment, intimidation or abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender and gender identity, religious affiliation, age, disability, disease, or immigration status. BookPotato reserves the right to determine the appropriateness of content sold on the Site. Also, be aware of cultural differences and sensitivities. Some materials may be acceptable in one country, but unacceptable in another. Please keep in mind our global community of customers.
- Illegal Items- Content sold through the Site must adhere to all applicable laws. This includes the sale of Content by individuals outside the United Kingdom. Some Content that may not be sold include any products that may lead to the production of an illegal item or illegal activity.
- Items that Infringe on an Individual’s Privacy- BookPotato holds personal privacy in the highest regard. Therefore, Content that infringe on, or has potential to infringe on, an individual’s privacy is prohibited. Additionally, the sale of marketing lists (bulk e-mail lists, direct-mail marketing lists, etc.) is prohibited.
- Rights of Publicity- Celebrity images and/or celebrity names cannot be used for commercial purposes without permission of the celebrity or their management. This includes unauthorised celebrity images.
- Public Domain and Other Non-Exclusive Content- BookPotato accepts public domain content for sale in the BookPotato Bookshop. However, we may request that you provide proof that your submitted material is actually in the public domain and may choose to not sell a public domain title if its content is undifferentiated or barely differentiated from one or more books already available through our service or available through other retail sites. Please be aware that public domain content is only acceptable for retail distribution as a print book. Public domain eBooks are not accepted for retail distribution.
This includes any content that BookPotato has decided should be suspended from sale on the Site. Content can be suspended because it is believed to violate the terms of the Membership Agreement.
All suspended Content will be deleted six (6) months after date of suspension.
Any Content where all versions of the project have been retired from sale
a. eBook Policy:
All files after twelve (12) months from the time the project was retired will be deleted, except for files from versions that have previously sold.
b. Print Book Policy:
All files after twelve (12) months from the time the project was retired will be deleted.
c. Draft Project Policy:
Content files associated with an unpublished project will be deleted if the draft has not been accessed by the PotatoCreative in the last six (6) months.
Previous Versions of Published Content
Previous versions of Content whereby an updated version has been made available for purchase. Once project files are older than six (6) months:
a. eBook Policy:
All files from any version that has sold will be retained.
All files from the currently published (active) version will be retained.
All files from the previously published version will be retained.
b. Print Book Policy:
All files from the currently published (active) version will be retained.
All files from the previously published version will be retained.
If the previously published version has not sold, the latest version that sold, in addition to the latest version, will be retained.
All other versions will be deleted after six (6) months.