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Author & Publisher Agreement

A Note About Our Community

MagicBlox is a place where parents can access a large collection of ebooks appropriate for their children’s age and reading level. We feature kids books with pictures, text, sounds, narrations, animations, videos, and other dynamic content.  Our books come from authors and publishers from all over the world and every one of them is reviewed and approved before going onto our shelves.  Our users range from pre-school toddlers learning to read to middle school kids who want to spend the day curled up reading a good story.

Our community supports copyright protection, which means that you cannot post content that you don't own or have permission to publish.  We take all allegations of copyright violation very seriously.  To that end, if you believe that material on MagicBlox.com violates your copyright, you are encouraged to notify MagicBlox via support for each piece of content that you believe violates your copyright.  In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MagicBlox or others, MagicBlox may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MagicBlox will have no obligation to provide a refund of any amounts previously paid to MagicBlox or owed to the user.

Below, you will find the terms and conditions for participation as a member in our Author & Publisher community, where you will have rights to publish and showcase yourself, your company and your books in our library.  Please don't hesitate to contact us if you have any questions about the terms of this agreement.

 

Author & Publisher Agreement: Contents

Please read these terms carefully, since your registration and indication of acceptance of these terms creates a binding legal agreement. You accept these terms by checking the box on the registration page. If you choose to accept these terms upon registration, you must do so as they are presented to you; no changes (additions or deletions) will be accepted by MagicBlox. If you do not accept these terms, you will not be allowed the rights of an Author & Publisher.

  1. Legal Agreement

  2. Introduction

  3. Content

  4. Publishing and Publishing Revenue

  5. Grant of Rights

  6. Retiring Content and/or Terminating Author & Publisher Agreement

  7. Restrictions on Use of Content

 

 

1. Legal Agreement

The terms and conditions set forth in this document apply to all persons (“you”) who register as members of MagicBlox's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and MagicBlox LLC. ("MagicBlox").

Please read the information below carefully. By using the Site as a member, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement. We encourage you to print and keep a copy of this Agreement for reference.

This Agreement incorporates MagicBlox’s website Terms of Use, with references to “Agreement” and “terms of use” interpreted as meaning this Agreement. The Terms of Use include provisions relating to rules on community use, privacy, disclaimers, limitations of liability, proprietary rights, applicable law, dispute resolution, and claims of copyright infringement, among other matters. The terms set out here govern in the event of any conflict with the provisions of the Terms of Use.

This Agreement, including the Terms of Use, together with any other terms provided and agreed during the publishing process constitute the entire agreement between us concerning use of your content, the Site and delivery of goods and services by MagicBlox.

Changes to terms of this Agreement other than those contained in Section 4 (Publishing and Creator Revenue) and 5 (Grant of Rights) will be effective on the date we post them, unless we otherwise stated at the time we post the changes. You are responsible for checking for updates and your continued use of the Program after we post changes will constitute your acceptance of the changes. If you do not agree to the changes, you must withdraw your Content from further distribution through MagicBlox. 

Changes to terms of this Agreement contained in Sections 4 (Publishing and Creator Revenue) and 5 (Grant of Rights) will be effective 30 days from posting or on the date you accept the changes, whichever first occurs. You accept the changes by either (a) clicking agree or accept where you're given the option to do so or (b) letting us know in writing or (c) by using the MagicBlox to make new Content available through MagicBlox after the new terms are posted. Changes to the terms of Sections 4 and 5 will only apply prospectively with respect to revenue collected after the date that is 30 days from our posting of the changes, unless you accept the changes earlier as provided above. If you do not accept the changes, you must withdraw your Content from further distribution through the MagicBlox and terminate your use of MagicBlox prior to the date 30 days from our posting of the changes. Note that we may make acceptance of changes a condition to continued use of MagicBlox. 

 

2. Introduction

As a member of the MagicBlox Author & Publisher Creator community, you will have the right to upload and market your books to our paying members, so they can read them on the web, through any of MagicBlox’s applications, or through applications operated by third-party distribution partners that access MagicBlox content through our application interface (API) services. Your books will be available in a high resolution digital format that starts from your own PDF document.  Our paying members are not permitted or enabled to download any of the books from our library.  They can only read them online with a paying or promotional approved membership through MagicBlox or a third-party distribution partner under contract with MagicBlox.  Through our tablet applications, our members will have the ability to bring a small selection of books offline and will only be accessible through our application.  Digital content ("Content") may consist of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials. 

3. Content

If you are the Publisher of content, you will be the content owner who receives any royalties earned and you may tag the author and/or illustrator for search and reference purposes.  As a Publisher, you may also create a Publisher page to showcase your company and associate your content with your company.  You may provide a logo, description, contact information and web URL to your web site and we will automatically showcase all of the books that you publish to MagicBlox.  

You may provide a web link for our members to "Buy a Book" which allows our visitors to locate a book retailer or distributor of your choice where they can buy a physical (soft or hard) paper copy of your book.  You may NOT provide a link to another digital eBook version or application and we reserve the right to remove any links that violate this requirement or that we otherwise feel are inappropriate, misleading, or broken.  MagicBlox may also apply any of our affiliate account ID's to any link you share with our visitors on the site, including Amazon.com, Barnes & Noble, Ingram, and any other physical book distributor who we hold an affiliate relationship with. You may also upload any award images that your book might have earned to help showcase your content to our readers.  All company names and logos of any clubs, associations, agencies, or any other awarding entities must be respected and it is your responsibility to ensure you are following the terms of use for any Trademark rules they may have. MagicBlox will not be responsible for the misuse of any award 3rd party Trademark material and may be removed upon request.

 

4. Distribution of Revenue

If you wish to publish Content to our library, you should go to your Account Profile Page to become an Author and initiate the publishing process through the Create Book page. You will be able to identify your Content and provide us with various instructions about how the Content should be published and conditions for distribution.  Publishing your book to MagicBlox is Non-Exclusive, so you will retain the copyright for your Content, and MagicBlox will only have the rights expressed in section 5 (Grant of Rights).  MagicBlox will review and approve your content for audience appropriateness before any of our readers will ever see it on our shelves.  MagicBlox reserves the right to reject or disapprove any Content for any reason and at any time.

 

Every calendar month, MagicBlox will split the net revenue generated from the site through Access Pass subscriptions, advertising, licensing agreements with other distributors, and/or sponsorships (the “Net Revenue”) with 50% going to MagicBlox and 50% going to a ”Creator Revenue Pool.”  Net Revenue is defined as MagicBlox gross revenue minus 10% (for payment processing and hosting costs).  The Creator Revenue Pool will then be distributed to each book based on the percentage of "Unique Reads" it generated for that month.  A "Unique Read" occurs when a paying subscriber clicks on the “Read Me” button for the book and the book opens.  If a single subscriber clicked “Read Me” multiple times on a single day, the total number of reads would increment accordingly, but the total number of "Unique Reads" would be limited to 1 Unique Read for that day.  Content Creators will be able to read their own books with or without a paid Access Pass, but reading their own book will NOT count towards the total "Unique Reads", "Total Reads", or "Total Previews" for their book.

Every user subscription will be broken down into revenue per day.  The total revenue collected for a given calendar month will be the total daily revenue collected for all subscribers.  All advertising, third-party distributor, and sponsorship revenue will be based on the amount that was collected during that calendar month.

If you have published Content into the library, the amount of money owed to you will be calculated for each calendar month within 31 days of the previous calendar month ending and displayed on your account profile page and/or sent to you as a PDF report.  You will be able to see the distribution of revenue, percentage of unique reads and earnings for every book each month.  You may choose to receive the creator revenue you are due on a monthly basis via PayPal or quarterly via a mailed paper check.  PayPal payments may be made in Euros, GBP, or USD.  All paper check payments are made in USD.

If you choose to receive your creator revenue via paper check, you will be paid on a quarterly basis.  Specifically, no later than 45 days following the end of the calendar quarter, MagicBlox will make a good faith effort to pay you the revenue that accrued during that quarter, using the contact information in your Account Profile under "Author Payment Information". It is your responsibility to update your payment information if it changes. If you do not have your payment information filled in, or if it is incorrect, you may not receive payment and we will hold the money until it is filled in or corrected and it will show as a balance due on your account.  If MagicBlox owes you less than $50 within a given quarter, we reserve the right, at our discretion, to roll your revenue forward to the following quarter until $50 is reached.

If you choose to receive your creator revenue via PayPal, you will be paid on a monthly basis. Specifically, no later than 31 days after the end of a calendar month MagicBlox will make a good faith effort to pay you the creator revenue that accrued during that month, using the contact information in your Account Profile under "Author Payment Information".  If MagicBlox owes you less than $10 within a given month, we reserve the right, at our discretion, to roll your revenue forward to the following month until $10 is reached. It is your responsibility to update your payment information if it changes.

If your account is inactive or terminated and we are unable to contact you for up to 12 months using the contact information provided, we may also, at our discretion, charge a termination fee equal to the amount of unpaid creator revenue to cover administrative costs.

You are responsible for filing your own taxes in your local city, state, country.  MagicBlox may require you to provide additional taxpayer information as required by the United States Internal Revenue Service ("IRS") for the purposes of information reporting and withholding.

 

5. Grant of Rights

You hereby grant MagicBlox the nonexclusive worldwide right to digitally publish, distribute, market and sell (“Publish”) all Content that you post to MagicBlox (whether already posted or posted in the future). This license includes the right for MagicBlox to Publish your content on its own and to sublicense those Publishing rights to others. The right to Publish 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 and otherwise digitally make available all or any portion of Content through MagicBlox Properties (as defined below), for customers and prospective customers to access and/or view online and offline, including on portable devices; (B) 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 MagicBlox subscriptions and related MagicBlox offerings; (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. "MagicBlox Properties" means any web site, application or online point of presence, on any platform, that is owned or operated by MagicBlox, that is a sublicensee distributor of MagicBlox, or that is co-branded with MagicBlox, and any web site, application, device or online point of presence through which any MagicBlox Properties or products available for sale on them are syndicated, offered, merchandised, advertised or described. You grant us the rights set forth in this Section 5 on a worldwide basis; however, if we make available to you a procedure for indicating that you do not have worldwide distribution rights to a Digital Book, then the territory for the sale of that Digital Book will be those territories for which you indicate, through the procedure we provide to you, that you have distribution rights. You may not assign your rights under these terms without our prior written consent. MagicBlox may assign its rights under these terms (including the license granted by you) to a successor pursuant to a merger, reorganization, change in MagicBlox’s ownership, or sale of all or substantially all of MagicBlox’s assets.

6. Retiring Content and/or Terminating Author & Publisher Agreement

When you choose to 'retire' or 'delete' your published Content from MagicBlox, it will no longer be available in our library or the libraries of our licensees. If your Content has not been read during the month you delete it, it will be removed immediately.  If the Content has earned a portion of the author revenue, we will remove the book from the searchable library to prevent future use, but we will keep the Content on the server in order to properly calculate royalties due. The exceptions to your ability to remove Content are as follows:

  • Content retained in our archives to the extent required by our data backup systems or, at MagicBlox's discretion, for archival purposes;

  • Content that is pending royalty payments will be held on the server but remain unavailable for readers to find it in the library

MagicBlox does not retain any residual rights to deleted or retired Content other than those outlined above.

If you choose to terminate your membership, the terms above regarding the status of Content you have uploaded remain applicable.

You may terminate your membership by contacting support with a specific request to do so. The provision of the Terms of Use allowing you to terminate by not using the Site is not applicable to this Agreement. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by MagicBlox. If you choose to terminate your membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payments, service fees, disclaimers, limitations of liability, indemnification, and proprietary rights shall survive termination.

Content that you have posted to the Site other than Content (such as as comments, blog posts or reviews), will not be deleted or retired as a result of your termination. MagicBlox will retain any relevant data only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of MagicBlox’s backup procedures.

 

7. Restrictions on Use of Content

Within the Terms of Use, members are restricted from the following activities.

  • Members may not print or download any Content outside of a secure MagicBlox application;

  • Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative works from the Content is not permissible;

  • The Content owners who publish their Content to MagicBlox retain ownership of the copyrights or other licenses in the Content. Members agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, 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 them; and

  • Members will not remove or obscure any proprietary rights notices contained in or on the Content.

Welcome to our Creator Community!

 

Revision date: 27 September 2017