I-Proclaim agrees to print copies of the Author's Work, as uploaded and published by the author, when receiving bona-fide orders and payment according to the following specifications:
Trim Size: 6 x 9
Text Stock: 60 lb white offset
Cover Stock: 10 pt Coated One Side
Binding: Paperback, perfectbound
Cover: Full color
Interior Book Printing: Text, Black ink
Interior Illustrations: Black ink or color depending on author printing selection at My Projects page
The interior pages of each book will appear exactly as the author has formatted and designed the pages. If the author does not format the pages exactly in the manner described on the I-Proclaim web site, the printed book pages may not appear correctly. The author is solely responsible for the formatted appearance of the finished book pages as they appear in a printed book.
All books purchased are non-refundable and non-returnable.
If the author has correctly formatted the book according to the guidelines posted on the I-Proclaim site, a listing for the book will be created at the I-Proclaim on-line bookstore within one (1) business day from the time the author clicks on the Project Page Publish Link. The bookstore listing will allow the author and consumers to order copies of the book in the format uploaded, reviewed and published by the author.
The version of the book published by the author at the time the author clicks the Publish Book Link will be the version sold at the bookstore until the author unpublishes the work by clicking on the Unpublish Book Link found on the author's Book Project Page.
If the author chooses to unpublish the project, I-Proclaim will remove the book from circulation within 3 business days. During this time, the author will be unable to re-publish the same book project.
For up to three business days following the author's request to unpublish, the book will be sold at the I-Proclaim bookstore in the exact same format as when originally published.
Author agrees that I-Proclaim shall determine the retail price of the Work. I-Proclaim agrees to remit to the Author payments on sales of the Work at the following rate(s):
I-Proclaim shall send to the Author, at the address specified upon creating his or her account or subsequently updated by the author via his or her account, statements of any consumer sales made via the I-Proclaim on-line bookstore and remit the Author's payments from the sale of the Work on January 31 and July 31 of each year. Statements shall be based on all sales made as of the previous October 31 and April 30 respectively to allow for a proper accounting. I-Proclaim may from time to time change the retail price of the Work as shall in its judgment be required. In the event of a revised retail price, I-Proclaim will notify the Author in advance of the change and will remit the Author payments on the sale of the Work at the percentages provided for in this Agreement based on the revised retail price.
The Author covenants that:
If in I-Proclaim's judgment the Work contains any libelous, obscene, or otherwise injurious or unlawful matter or any infringement of common law or statutory copyright, I-Proclaim shall be under no obligation to issue such part or parts of the Work. If the Work contains any previously copyrighted material, it shall be the responsibility of the Author to secure, entirely at the Author's expense, written permission to reprint the material and to place a notice in the Work stating such permission has been granted (if necessary) in advance of publishing the book via I-Proclaim.
I-Proclaim agrees to make the Work available in electronic form at the on-line I-Proclaim bookstore. This site on the Internet allows potential purchasers to read about the Work, and have the option to buy a virtual version of the Work through a secure credit card authorization and processing service located on the web site.
Once the transaction has been approved, which takes only seconds; an electronic form of the Work is then downloaded within minutes to the purchaser's computer for a one-time, personal use.
The appearance of the Work in electronic form will be as close as possible to the printed version. Some differences in typeface or other text graphics may occur due to constraints of uploading materials and downloading materials from the Internet. The electronic form will be created by uploading a digital file containing the text of the printed version.
I-Proclaim will determine the retail price for the electronic version of the Work. Author earnings will be paid at the rate of eighty (80) percent of the retail price set for the electronic version of the Work.
Earnings will be paid on the same schedule and for the same sales periods as for sales of the printed books, as outlined in the Retail Price and Author's Payment on Sales section of this Agreement. As with the printed books, I-Proclaim does not guarantee that any specific number of books in the electronic form will be sold.
The Author understands that I-Proclaim has not guaranteed, nor intends to guarantee, the sale of any specific number of copies of the Work.
The address of the Author is as indicated in the author's I-Proclaim Account. All letters, communications, and notices sent to the Author to the address so indicated shall be deemed good and sufficient.
Author understands that I-Proclaim may limit or terminate an Author's account if an Author does not follow formatting and publish/unpublish command guidelines or other regulations as posted by I-Proclaim.
This Agreement is entered into in the County of Allegheny and Commonwealth of Pennsylvania; and it is the entire Agreement between the parties; and any verbal statements not specifically incorporated into this written Agreement are abandoned, void, and of no force and effect; and this written Agreement is the entire and only Agreement between the parties.
This Agreement shall be governed and interpreted according to the laws of the Commonwealth of Pennsylvania.
I-Proclaim shall not be in default of any provisions of this Agreement if the Author has not fully performed all terms and conditions thereof by him/her to be performed, it being understood that performance by I-Proclaim is based upon full compliance by the Author.
If I-Proclaim shall fail to perform any of the conditions by it to be performed, then and in that event it shall not be deemed a breach of this Agreement unless the Author shall have given I-Proclaim written notice thereof by registered or certified mail, and I-Proclaim shall have failed to cure the default within a reasonable time thereafter.