DEFINITIONS

For all purposes within this web site the following definitions apply:

"Document" means any article, pamphlet, brochure, sheet music, booklet, magazine, periodical or other document offered with the aid of eSafePublishing’s services for sale and distribution to the public.

"Writer" means author, composer, translator, or any other person being the legal owner or copyright holder of the subject document.

RULES & PERMISSIONS

Rule: Copyright Protections and Violations
Policing possible or actual copyright violations is the sole responsibility of the writer. eSafePublishing will not knowingly permit copyright infringement of your works, but eSafePublishing does not and cannot guarantee that you will not experience copyright violations or piracy. Some persons may find ways to break the encryption system used by eSafePublishing or they may devise other ways to distribute your document in violation of your rights. Asking to have your document included in eSafePublishing’s library is your acceptance of sole responsibility for creating, maintaining and enforcing your copyright interests.



Permission to Copy, Reproduce, or Translate
Only the writer may grant permissions respecting the reproduction or translation of all or any part of the document. eSafePublishing does not grant permission, verbally or otherwise, for reproduction or copying or translation of all or part of any document within its library except those owned by eSafePublishing. If someone wants permission to copy or reproduce or translate a document, they should contact the writer directly. If that avenue is not available you may contact us and eSafePublishing will be happy to forward the request to the writer or owner of the document. Under no circumstances, however, may any person construe any written or verbal communication from eSafePublishing, without the written concurrence of the writer, as permission to reproduce or translate all or any portion of a document in eSafePublishing’s library.



Rule: Right to Refuse Service
eSafePublishing reserves the right to refuse service to anyone and to terminate any services that may have been previously offered. eSafePublishing does not practice censorship except to the extent eSafePublishing comes to believe that the document is being used or can be used to perpetrate a fraud or to intentionally incite injury. eSafePublishing will not knowingly permit it or its services to be used for any such purposes. By requesting that your document be included in eSafePublishing’s library or your use of any eSafePublishing services, you are warranting and representing, and thereby expecting eSafePublishing to rely on same, that you are not engaging in any scheme to defraud or intentionally mislead people, and that you are not engaging in any activity intended to harm or injure others.



Rule: No Guarantee Of Profits Or Other Results
The internet and the type of services offered by eSafePublishing afford remarkable profit potential and message dissemination capacities for the writer. By seeking eSafePublishing’s services, however, you accept sole and exclusive responsibility for whatever financial or other results are realized and for your own estimates of future results. Further, you acknowledge that you have not been promised, nor led to expect, any specific level of financial reward by eSafePublishing or any person working for it.


Rule: Dispute Resolution by Commercial Arbitration
Any and all disputes between you and eSafePublishing, its employees, owners, or agents, arising out of or related to your dealings with eSafePublishing or its provision of services to you shall be resolved solely and exclusively as to each and every claim or claims that could have been made respecting the underlying facts by arbitration pursuant to the commercial arbitration processes established by the American Arbitration Association, and exclusively conducted in Santa Fe, New Mexico, USA. Each party to such process shall pay its own costs and attorney fees. The maximum damages, including costs and attorneys fees, assignable to eSafePublishing, its employees, owners, or agents shall in no event exceed the sums actually received by eSafePublishing from the party or parties asserting the claims. Further, you intend that the employees, staff, owners and agents of eSafePublishing be third party beneficiaries of this agreement. Any claim involving the amount disbursed to you or charges to your account must be formally asserted in writing against and delivered to eSafePublishing within one hundred and twenty (120) days of the funds disbursement or charge to your account with respect to which the claim or complaint is based, and if not so made for any reason during that time period shall be forever barred, waived and no longer a matter for which you may assert a claim against eSafePublishing, its employees, owners, or agents. Any other claim that you have against eSafePublishing, its employees, owners and agents must be formally submitted in writing and delivered to eSafePublishing within three (3) months of the occurrence of the earliest of the events and circumstances upon which your claim is premised, and if said claim is not timely made as prescribed here said claim shall be forever barred, waived and no longer a matter for which you may assert a claim against eSafePublishing, its employees, owners, or agents. By requesting services from eSafePublishing you are agreeing to this arbitration process, the time restrictions within which a claim may be asserted, the limitations on the amount and nature of any claim asserted, the limitations as to claims respecting eSafePublishing’s employees, owners and agents, and the exclusive venue as to where disputes will be resolved. You understand and acknowledge that you have no right to initiate or to prosecute any claims against eSafePublishing, its employees, owners, or agents except as expressly and exclusively provided herein. You further agree and acknowledge that no portion of these provisions is intended as a penalty and, instead, that each and all of these provisions are deemed reasonable ways to resolve possible future disputes. As to each and all of these provisions, time is of the essence.



Rule: Indemnification of eSafePublishing Under Special Circumstances
A. When you request services from eSafePublishing, you are representing and warranting to eSafePublishing, and with the expectation that eSafePublishing will rely on such representation and warranty, that you are the owner or legal holder of the proprietary rights associated with the document you ask eSafePublishing to include in its library and that you are not using eSafePublishing services to commence, support or to further any fraud, misrepresentation or injury to any person. In the event eSafePublishing becomes entangled in threats of litigation or actual litigation due to what eSafePublishing deems any actual or apparent breaches of your representations and warranties, eSafePublishing shall have the right to compensation and reimbursement from you of all of eSafePublishing’s associated costs related to protecting itself, including, but not limited to reasonable attorney fees and any damages it might suffer and have to pay to any others as a result of your conduct or breaches of your promises and representations to eSafePublishing. eSafePublishing’s claims against you pursuant to this paragraph, notwithstanding the above Dispute Resolution requirement of arbitration, may upon the exclusive election of eSafePublishing be brought in the arbitration forum noted in the above Dispute Resolution rule or in any court of proper jurisdiction as eSafePublishing might elect.

B. The writer or customer whose document is sold by eSafePublishing to a buyer has the sole and exclusive obligation to satisfy any complaint or refund demand from the buyer, the buyer’s legal representative or any advocate group or agency, whether governmental or private. eSafePublishing has no duty to refund any portion of its fees or charges respecting your dissatisfied buyer so long as the purchase document has in fact been delivered by eSafePublishing to the buyer. By requesting services from eSafePublishing, you are warranting and representing that you will be solely responsible for any dissatisfied buyer claims and that you will indemnify eSafePublishing from any and all costs, including attorney fees, should eSafePublishing become entangled in matters arising out of your dissatisfied buyer(s) claim(s). eSafePublishing’s claims against you pursuant to this paragraph, notwithstanding the above Dispute Resolution requirement of arbitration, may upon the exclusive election of eSafePublishing be brought in the arbitration forum noted in the above Dispute Resolution rule or in any court of proper jurisdiction.

C. In the event that any claims are asserted or threatened against eSafePublishing by any buyer or governmental authority or any other person or entity respecting the writer or the document(s) submitted by the writer for publication by eSafePublishing, funds held by eSafePublishing for said writer at that time and any time thereafter pending the resolution of such claims may be held by eSafePublishing for potential satisfaction of amounts owed to eSafePublishing pursuant to these Rules & Permissions or eSafePublishing’s Fees & Settlement provisions. In such circumstances, eSafePublishing will hold such funds and will have a lien against such funds until such matters are fully concluded and eSafePublishing is made totally whole.



Rule: Refunds Regarding Failed Transmissions
Should an eSafePublishing transmission fail and the buyer not receive the chosen document, eSafePublishing will not charge a delivery and collection serviced fee for that failed transmission. In that event the buyer will receive a full refund of the purchase amount including any taxes which were collected and the transaction shall not be deemed a sale, nor subject to accounting or reporting as if it had been a sale. The writer represents and warrants that it will not and may not raise any claims or complaints against eSafePublishing regarding such conduct or policy.



Rule: Permission for Buyer to Print a Document
As the writer, you have the right to designate whether a buyer may print your document following their payment for it. If you do not want the buyer to have that right, the document will be delivered in a way that it can only be viewed on the computer of the buyer. The nature of your document, its price, the likely profile of a buyer, the inconvenience the buyer may experience if he or she cannot print your document, and other such factors should be considered by you in giving instructions to eSafePublishing regarding whether the buyer should be permitted to print your document or not. If when requesting eSafePublishing to post your document in its library you do not specify whether print permission is granted, eSafePublishing will not grant a buyer the right to print the document. eSafePublishing, however, believes granting permission for the buyer to print the document is such a convenience for the buyer that it is good business, and not likely to substantially increase the risk of copyright violation above that experienced by any book store or hard copy forum.



Rule: Taxes
As the writer, any sales, use, excise, income or other taxes or governmental charges related to the sale or ownership of your document is solely your responsibility. eSafePublishing reserves the right, and you authorize it to make such a decision, to withhold or collect any such taxes or charges from your account as required or permitted by law or required by any governmental authority. Should any tax or charge be withheld from your account, a report of same shall be provided to you.



Rule: Payment and Reporting of Low Activity Accounts
Administrative costs can be too burdensome for reporting and disbursing for accounts having a cumulative balance owed to the writer of less than $30 (“Minimum Amount”). Accordingly, eSafePublishing shall not be obligated to issue monthly reports for such low activity accounts nor to disburse the money in said account so long as the balance is less than the Minimum Amount. Each account with a disbursement balance in excess of the Minimum Amount will receive routine monthly reports and funds disbursements provided by eSafePublishing. Should the balance of an account not exceed the Minimum Amount for any period of four (4) consecutive months, eSafePublishing will charge and collect said balance of that low activity account as an administrative service fee.



Permission: Right to Replace or Reissue Document
eSafePublishing shall have the right to decide if a buyer of a document shall be entitled to an additional grant of a permission to access same on a different, a restored or a repaired computer. eSafePublishing will not knowingly contribute to any scheme to violate the writer’s copyright but when a customer provides information which eSafePublishing thinks justifies granting an additional access to the subject document, eSafePublishing, in its sole discretion, may do so.



Rule: Translations
You are welcome to submit one or more translations of your document for inclusion in eSafePublishing’s library. That translated document will be subject to the same Rules and Permissions and Fees And Settlement provisions as any other document.



Rule: Duration of Services
You decide when and for how long your document is to be included for sale through eSafePublishing’s library, subject to the following:

(i) eSafePublishing, reserves the right to terminatethe services it provides to you at any time it elects to do so. Should eSafePublishing terminate the provision of its services to you, any accounting reports or final funds disbursements then due to you will be made.

(ii) eSafePublishing has the right, but not an obligation, to continue selling your document(s) so long as you owe any unpaid amounts to eSafePublishing, if it determines in its sole discretion that such future sales may help ensure the payment of the amounts owed or which might become due to it.

(iii) eSafePublishing has the right for a period of three years commencing with the first posting of you document in its library to continue the selling of your document subject to eSafePublishing’s customary and published fees. This right is non-exclusive and you are free to publish and sell the document in any other manner or through any other forum as you choose during such time. Should you offer said document for sale through any other forum, eSafePublishing will have the right, but not the obligation, to alter the price of said document when sold through the eSafePublishing library to be a competitive or reasonable price in the discretion of eSafePublishing. eSafePublishing may not, however, reprice the document(s) to a price or prices lower than that set by the writer for the additional sells forum so long as the non-eSafePublishing price is not lower than that of the document when sold through the eSafePublishing library.



Rule: Verification of Sales
Each report of sales activity provided by eSafePublishing will show the number of sales of your document(s) and the amounts collected and the fees and charges applied to your account for the period following the previous report you received or for the period from the commencement of services to you as the case might be. The sales data will be obtained from the third-party finance facilitator that manages the shopping cart aspect of eSafePublishing’s website. Should you wish to verify that the information respecting the sales of your documents are accurate, you are welcome to review the source documents provided by that finance facilitator as same pertain solely to your document(s). eSafePublishing will also assist in letting you obtain said confirmation information directly from said finance facilitator so long as the information to be provided to you is limited to information about the sales of your document(s).



Rule: Interpleader Action
Should a dispute arise between the writer and any other person or entity as to the ownership of funds held by eSafePublishing respecting the writer’s account, and said dispute is not resolved in a way that eSafePublishing believes relieves it of full liability should it disperse said funds to the writer, eSafePublishing may, but is not obligated to, deposit said account funds with a court of proper jurisdiction so the court can decide to whom and in what portions said funds shall be delivered. Under no circumstances shall eSafePublishing be required to relinquish any lien on the account to which it is entitled as security for payment of items owed or to be due to eSafePublishing.



Rule: Binding Effect
Your heirs, successors or assigns are legally bound by your agreement with eSafePublishing.



Rule: Complete Agreement
Your agreement with eSafePublishing is set out by these Rules and Permissions, by the Fees and Settlement section of this web site, by your application to have a document included in eSafePublishing’s library, and, if applicable, by any written special arrangement you might make with eSafePublishing. No verbal or email communications with eSafePublishing are part of the agreement. Accordingly, if you wish any terms or provision not included in the authorities mentioned immediately above, please contact us so eSafePublishing can then decide if it wishes to include any other provisions or terms into its agreement with you. Additional terms or conditions may only become part of your agreement with eSafePublishing when reduced to a writing that is executed by an officer of eSafePublishing.