Download Full Agreement Here UPDATED Otakada.rg Author and Artist Agreement Final Generic
Otakada.org Author/ Artists Agreement
PREAMBLE: We, MONTECH TECHNOLOGIES, trading as otakada.org sincerely respect you, and your content (s) (books, audio, video and others). This agreement, online Questionnaire via this link https://shop.otakada.org/content/ as separate documents to this agreement contains important, legally binding information and undertakings about how you the author/artist and otakada.org will work together in making your content available to readers offline and users online via our multiple retailers, since it is necessary for you to accept this agreement in order to publish with us on otakada.org.
1) YOUR RIGHTS ARE YOURS.
You retain all rights, including all copyrights, to her manuscripts, audio, video and paper and books.
Publishing on otakada.org is non-exclusive except on the platform where otakada.org is already publishing your content. (What this means is that you may not sell your content through retailers we already use in publishing/distributing on your behalf).
You decide what and when to publish with us, and you can stop publishing with us at any time. Even after we distribute your contents to online retailers, you still retain all rights to your content and the underlying manuscripts. You can edit your manuscripts and their associated details whenever you want, and we will communicate those change requests to retailers to the best of our ability.
- WE DISTRIBUTE YOUR CONTENT TO AMAZON, APPLE IBOOKS, B&N, KOBO, GOOGLE PLAY INKTERA (FORMALLY PAGE FOUNDRY), SCRIBD, 24SYMBOLS, TOLINO, OVERDRIVE, INGRAM, ARE AND OMNILIT, PLAYSTER.
3) Otakada.org’s DISTRIBUTION RATES, ROYALTIES AND YOUR NET EARNINGS.
We agreed that for each content sold under this Agreement, otakada.org will pay You a Royalty equal to 50% percentage of otakada.org‘s Net Receipts – Net Receipts being residue earnings after deduction of online retailer commission and fees external to otakada.org. There would be full disclosure of these fees.
4) WE GIVE YOU INTERNATIONAL IDENTIFIERS FOR YOUR CONTENT.
YOU VOUCH FOR YOUR CONTENT.
When you publish with otakada.org, you assure us that:
- you are the owner of the manuscripts or you have received the appropriate permissions to publish on someone else’s behalf;
- your manuscripts 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 manuscripts are in English (we are working on our ability to support other languages); and
- your manuscripts do not contain objectionable or pornographic content that will prevent retailers from selling them. (We’re all about artistic freedom, but retailers set their own standards, with which we need to comply. If your manuscripts do not comply with those standards, we will let you know and give you the opportunity to fix the issues. Until any issues are resolved, we may have to cease selling the content in question.
Otakada.org cannot be responsible for the accuracy or quality of your content.
5) How otakada.org PAYS AUTHORS/ARTIST
We pay authors via multiple channels. Kindly include your preferred payment options during the submission of the questionnaire at http://www.otakada.org/questionnaire and check for how we handle your payments.
6) YOU MAY NEED TO PAY TAXES ON YOUR EARNINGS.
You acknowledge and understand that you are responsible for any taxes associated with income you earn from the sales of your content. You understand that we cannot be held responsible for improper taxation of the money you make from selling your content.
We or our payment processor may be required to report payments you receive to taxing authorities as required by tax laws and regulations. For this purpose, you will provide us with an appropriate tax identification number (SSN or EIN) upon request.
7) THIS AGREEMENT CAN END.
The term of this agreement begins upon your acceptance of it and will continue until it is terminated:
You, the author or artist may terminate this agreement without penalty at any time by sending a written notice of termination or of cancellation of account to firstname.lastname@example.org.
Otakada.org also reserves the right to terminate this agreement or cease distributing any or all of your content/cancel your account without penalty at any time, after due notification to you in writing.
Upon termination, we will stop distributing your content and promptly give notice to the retailers to remove listings and cease sales of your content. Please be aware that some retailers may need some administrative time to process our termination notice, so they may not immediately stop selling your content after receiving our notice. Also, we and the retailers may fulfill any customer orders for your content pending as at the date of termination. And, once a purchaser has purchased one of your content through one of the retailers, he or she retains the right to access and re-download the same content even after our agreement with you has terminated or our agreement with the retailer has terminated.
8) THIS AGREEMENT CAN CHANGE.
Otakada.org and our services will change over time, and the terms of this agreement will need to change as well.
We shall have to notify you of these changes so as to get your consent to change the terms of this agreement at any time. On getting your prompt consent, we will post new terms reflecting the communicated changes in place of the old Agreement, and these changes in the Agreement will be effective upon posting. Please keep in mind that if you do not like any change thereafter, you may terminate the agreement forthwith, or at any time
9) Otakada.org’s LIABILITY IS LIMITED.
Otakada.org will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
(a) your access to or use of or inability to access or use otakada.org;
(b) any conduct or content of any third party on otakada.org, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties.
In no event shall otakada.org’s aggregate liability for direct damages on each content arising under this agreement or relating thereto exceed one hundred U.S. dollars (U.S. $100.00).
Otakada.org is provided on an “as is” basis without warranty of any kind, whether express or implied.
Specifically, otakada.org disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties related to dealing with third party service providers.
Otakada.org does not warrant that its services will be 100% timely, secure, uninterrupted, or error free.
Your sole and exclusive remedy for dissatisfaction with otakada.org is to stop using otakada.org to access her outlets.
10) Otakada.org FOLLOWS THE LAWS OF DELAWARE
Otakada.org is based in the United States.
We make no claims that otakada.org is appropriate or available for use in other locations, and you are solely responsible for complying with the laws wherever you are. These terms shall be governed by and construed in accordance with the laws of the State of Delaware.
11) You AGREE TO INDEMNIFY otakada.org.
If you violate this Agreement or access, use, or misuse otakada.org or any content or materials provided by us in a way, as a result of negligence that causes any claims, actions, or demands against us, or causes us to pay any related legal or accounting fees, you agree to indemnify and hold us or our representatives (e.g., officers, directors, employees, successors, licensees, and assigns) harmless from all costs and expenses, including attorneys’ fees, incurred by us.
12) Otakada.org AGREES TO INDEMNIFY You.
If we violate this Agreement or access, use, or misuse any content or materials provided by you in a way, as a result of negligence that causes any claims, actions, or demands against you, or causes you to pay any related legal or accounting fees, we agree to indemnify and hold you or your representatives (e.g., officers, directors, employees, successors, licensees, and assigns) harmless from all costs and expenses, including attorneys’ fees, incurred by you.
13) YOU AGREE TO HANDLE FORMAL DISPUTES WITH otakada.org BY INDIVIDUAL ARBITRATION (AND NO CLASS ACTION).
If you have a dispute with otakada.org, please contact us so we can attempt to resolve the issue informally. If we are unable to informally resolve a dispute, you and otakada.org each agree to formally resolve the dispute by binding arbitration governed by the Federal Arbitration Act (FAA).
All formal disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in State Of Delaware may enforce the arbitrator’s award. Any election to arbitrate, at any time, shall be final and binding on the other party.
Any arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website shall apply.
The arbitration may be conducted in person, or through the submission of documents by phone, or online. If conducted in person, the arbitration shall take place in Delaware.
You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Neither party shall have the right to litigate such claim in court or to have a jury trial. Discovery and appeal rights may also be limited in arbitration.
So you know, otakada.org greatly prefers to resolve any and all disputes peaceably and informally.
14) ENTIRETY OF AGREEMENT
This Agreement contains the entire agreement between You and otakada.org concerning its subject matter, and supersedes all existing agreements and all other oral, written, or other communication between the parties concerning the subject matter.
15) INVALID OR UNENFORCEABLE PROVISION
If any portion of these terms is deemed invalid or unenforceable, that portion will be limited or eliminated in accordance with the applicable law, and the remainder of this agreement will remain in full force and effect.
16) WAIVER AND NON TRANSFERABILITY.
No waiver of any term will indicate a waiver of any other term, and your failure or otakada.org’s failure to assert any right or provision under these terms does not constitute a waiver of such right or provision, except and unless when by implication, passage of time or acquiescence such waivers could be said to be waived.
Neither you nor otakada.org may transfer or assign this agreement, or any rights and licenses granted by it.
This section and the sections regarding intellectual property, indemnifications, limitations of liability, and additional disclaimers will survive the termination of this agreement.
Dated this ……………………… day of ……………………………………… 201___.
Publisher Name or Legal Representative Name and Signature (for otakada.org)
Author Name or Legal Representatives Name and Signature ( For Author/Artist)