MagCloud Publication Terms

 

These MagCloud Publication Terms (“Publication Terms”) form an integral part of the MagCloud Terms of Use. (“Terms”). Capitalized terms used but not defined in these Publication Terms have the meaning specified in the main body of the Terms. These Publication Terms are intended to supplement, rather than replace, the provisions in the main body of the Terms. However, in the event of any conflict between these Publication Terms and the main body of the Terms, these Publication Terms will prevail.

Selling User Publications

You must have a valid MagCloud Network account to publish, sell, and distribute User Publications, and you must be a U.S., U.K., or Canadian resident and provide a valid U.S., U.K., or Canadian postal address. Your User Publications must comply with the Terms, as well as any publication guidelines or other policies posted by HP on the Site or otherwise made available through the MagCloud Network. You may make your User Publications generally available for viewing and purchase by any third party, you may request that your User Publications not be viewable or purchasable by any third party, or you may indicate which third parties you would like to be able to view and purchase your User Publications.

License

By submitting a User Publication to HP through the Service, and as a condition of HP making the User Publication available through the Service, you grant to HP a transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to use (and permit others to use), distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, and otherwise exploit, your User Publication (including any text, graphics, photographs, or other content contained in your User Publication), in whole or in part, in any format or medium now known or later developed, solely for the purposes of providing and promoting the Service and other aspects of the MagCloud Network. HP reserves the right to display advertisements in connection with User Publications and to use portions of User Publications (other than those you have restricted third parties from viewing) for advertising and promotional purposes. The licenses granted herein with respect to any of your User Publications shall be perpetual and shall continue unless and until that User Publication is properly removed from the Service in accordance with these Publication Terms, at which time the licenses granted herein shall continue only to the extent necessary for HP to fulfill any existing obligations to MagCloud users and other third parties. Notwithstanding the foregoing, you retain ownership of any intellectual property rights you may have in your User Publications.

Removal of User Publications

You may request the removal of any User Publication from the MagCloud Network by following the removal procedure specified on the Site, and we will use good faith efforts to remove such User Publication from the Service within a reasonable period of time. However, purchasers who have bought your User Publication through the Site, remain free to use such User Publication in accordance with the Terms. In addition, we may retain copies of your User Publications in our back-up systems and archives.

Payment

Production Cost. You are not required to pay HP to publish and sell User Publications through the Service. HP determines the production cost, including any fees charged by HP for providing the Service, of each copy of a User Publication (the “Production Cost”) by multiplying the number of pages in the actual printed edition of a User Publication by the per-page cost indicated on the current Production Cost Schedule. The current Production Cost Schedule may be changed at any time by HP without advance notice to you by posting the changes on the Site.

Mark-Up. As the Publisher of your User Publication, you determine the mark-up (“Mark-Up”) that you wish to add to the Production Cost, which determines the total price paid by the third-party purchaser who buys a copy of your User Publication. Whenever a third-party user of the Service buys a copy of your User Publication and HP actually receives payment in full for the sale, HP will remit the Mark-Up to you in the manner provided below. HP will use reasonable commercial efforts to secure payment from the purchaser who buys a copy of your User Publication, but HP is not responsible for paying you any Mark-Up for any copy of a User Publication sold through the Service if HP has not actually received payment for such copy from the purchaser.

For example, if the Production Cost for a copy of a User Publication with twenty pages is $4.00, and you decide that the Mark-Up will be $2.00, then the total selling price for one copy of that User Publication is $6.00. If a third-party user buys one copy of that User Publication and HP actually receives payment in full from the purchaser, then HP will remit the $2.00 Mark-Up to you as provided below and keep the remaining $4.00 which constitutes the Production Cost.

You are not required to pay (and of course you do not earn) any Mark-Up if you purchase your own User Publication using your own MagCloud Network account. In such case, you are only required to pay the applicable Production Cost for such User Publication.

Transaction Information. You may view the balance of earned Mark-Up income in respect of sales of your User Publications, the amount of Mark-Up income previously paid or credited to you, or other details of your MagCloud Network account by logging into your account on the Site. You will not receive any paper statements in connection with your MagCloud Network account.

Requesting Payments or Credits. You may request payment of any earned Mark-Up income at any time through the payment request mechanism provided on the Site.

If, at the time of your request, the balance of your earned Mark-Up income meets or exceeds a threshold of $10.00 (“Payment Threshold”), HP will pay such Mark-Up income to you by crediting your PayPal account within five (5) business days of the date on which you request such payment.

If, at the time of your request, the balance of your earned Mark-Up income is less than the Payment Threshold, you will have the option of either: (a) retaining such Mark-Up income in your account until it meets or exceeds the Payment Threshold and you make another request for payment thereof; (b) applying such Mark-Up income as a credit against amounts due to HP for your purchases of User Publications through the Service, whether such User Publications were published by you or a third party; or (c) provided that the balance of your earned Mark-Up income is more than $0.50, requesting that HP credit your PayPal account, in which case HP will deduct a $0.50 processing fee prior to crediting your PayPal account within five (5) business days of your request.

HP will not pay interest to you on any earned Mark-Up income while it remains in your MagCloud Network account pending payment.

HP-Initiated Payments. HP has the right to pay any earned Mark-Up income to you at any time by crediting your PayPal account.

Termination. If you terminate your MagCloud Network account (or if HP terminates your MagCloud Network account in accordance with these Terms) and earned Mark-Up income is owed to you, but such Mark-Up income is below the Payment Threshold, HP will levy a processing charge of $0.50 before paying any remaining earned Mark-Up income to you.

Right to Offset. HP may withhold any amounts you owe HP on account of any indemnity or other obligations undertaken pursuant to the Terms from any Mark-Up income or other payments otherwise owed to you under the Terms.

Contact Information. Please remember that it is your responsibility to keep your MagCloud Network account contact information up to date. If after two (2) attempts, HP is unable to credit your PayPal account, HP will donate such unpaid Mark-Ups to a charity of its choice on your behalf and will have no further obligation to you.

Taxation. Prior to receiving any payment of earned Mark-Up income from HP, you must provide your valid U.S., U.K., or Canadian postal address and social security or taxpayer identification number by including it in your account information in your MagCloud Network account. HP reserves the right to withhold payment of earned Mark-Up income if your postal address or social security or taxpayer identification number is invalid. HP may report any income paid to you to the U.S. Internal Revenue Service or other domestic or foreign tax authorities to the extent required by law. For example, if payments to you total $600 or more in any calendar year, then HP may report those payments on Form 1099-MISC to you and the U.S. Internal Revenue Service. It is your responsibility to ensure that your social security or taxpayer identification number and other Personal Information in your MagCloud Network account required to enable HP to correctly complete such reports, are current at all times. HP is not responsible for withholding any taxes payable by you to any U.S. or foreign tax authority (whether local, state, federal, or national).

Tax Indemnification. To the extent any Mark-Up income has earned to you, it is solely your responsibility to determine the application of, and to comply with, all U.S. and foreign tax laws applicable to such income. You hereby agree to indemnify, defend and hold harmless the MagCloud Parties from and against any and all taxes, levies, duties, fees, payments, claims and other liabilities, that may be owed by you to any tax authority.

Personal Information. HP will not disclose your PayPal account number or social security or taxpayer identification number to the Purchaser of any User Publication you publish and sell without your consent, but HP may disclose your other relevant Personal Information to such Purchaser. You hereby agree that HP is permitted to make such disclosures.

Disputes with Purchasers. HP has no involvement in the relationship between you and any purchasers of any copies of your User Publications, and you must address any issues arising from the sale of copies of your User Publications directly with the purchaser(s) whose relevant Personal Information may be provided to you by such purchaser(s) or by HP; provided however, that you agree to only use such Personal Information in accordance with applicable Law. HP is not responsible for any acts or omissions on the part of the purchaser of any copy of any of your User Publications, or for any losses or damages you may suffer in connection with your publication and sale of any User Publications, and the use thereof by the purchaser or any third-party. HP has no obligation to intervene in any dispute between you and any purchaser of any User Publication; provided however, that HP may monitor such dispute in its sole discretion and if requested by HP, you agree to fully disclose, the nature and current status of the dispute.

Promotion Restrictions

If you choose to promote any User Publications that you have made available through the Service, you agree to comply with the following promotion and marketing restrictions:

  1. any commercial emails that you send to advertise, market, or promote any of your User Publications must comply with all applicable Laws, including without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, as amended (CAN-SPAM Act). Without limiting the foregoing, such emails must be clearly labeled as advertisements, must not be false and misleading, must provide recipients with an opt-out procedure with which you comply, and must provide a valid form of contact information, so that a recipient can contact you if they wish; and
  2. any software or other means that you use to market and promote your User Publications must not target any children under thirteen (13) years old, send unsolicited information or material to a third-party’s computer, secretly gather a third-party’s Personal Information without that third-party’s express prior consent, bombard a third-party’s computer with an unreasonable number of pop-up or other advertisements, or prevent a third-party from blocking such pop-up or other advertisements, involuntarily direct third-parties to a site that they did not request, remove or disable security, anti-virus, anti-adware or anti-spyware programs on a third-party’s computer, and such software and the use thereof, must otherwise comply with all applicable Laws.



These terms were last changed: 9 JAN 2013