PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING BOOKNEY PLATFORM. BY USING THIS PLATFORM, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE PLATFORM.
Welcome to Bookney, an online book publishing and reading platform that provides users the avenue to publish their intellectual properties without fear of intellectual theft or poor sales, and access to discover, read and purchase literary works or digital content through multiple electronic interfaces including Bookney website and mobile applications.
By registering with, accessing or using Bookney you signify that you have read, understood and agree to be bound by these “Terms and Conditions” or “Agreement”.
A. The term “user” refers to you as a reader or Bookney author as the case applies.
The term “us” or “we” refers to Bookney.
B. The term “literary works” or “digital content” refers to published works on Bookney.
2. DIGITAL CONTENT/LITERARY WORKS
All literary works or digital content on the platform are the exclusive property of the author or publisher or its licensors and are protected by copyright and other intellectual property laws. The download of, and access to any digital content is available only to Bookney users and is intended only for such users’ personal use. It is not for commercial use. Any other use of any digital content downloaded or accessed from Bookney is strictly prohibited. Users cannot modify, transmit, publish, share, lend, copy and paste, print, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any digital content, in whole or in part. By downloading or otherwise accessing digital content from the platform, the user hereby acknowledges and agrees to these terms.
3. REMOVAL OF DIGITAL CONTENT
Bookney reserves the right to modify or withdraw at any time any digital content from access by you at the request of its publisher or author or licensor or for any other reason. If we remove or delete a particular piece of Bookney digital content to which you have purchased access, Bookney reserves the right to revoke your access. If Bookney revokes your access, we are not mandated or liable to provide a refund to you or offer you another form of compensation. Notification stating that such digital content has been removed is at Bookney’s sole discretion.
4. PUBLISHING POLICIES:
A. Digital Content Delivery
You must provide us, at your own expense, with each digital content you desire to distribute through Bookney. You must give the first chapter of your book for free as this will enable readers get a ‘freemium’ experience with your book thus increasing the chances of sales. This is to say, when users click on your book, they will be able to read only the first chapter and will not be able to read further unless they pay for it (if your book isn’t free).
Note that, we will not return any electronic files or physical content or media you deliver to us in connection with Bookney. You must deliver all electronic files free and clear of viruses and other potentially harmful or disruptive codes.
B. Digital Content Requirements
You must accept to give a free chapter of your book. Here is a list of prohibited content on Bookney.
1. Pornography, nudity, and sexually explicit material: Adult or explicit material depicting illegal acts or deemed to be exploitative shall be considered pornography and removed from our app/website. If your content contains appropriate adult content such as erotica, please be courteous to other users and mark the content as such. You can do this either in the subtitle or in the opening paragraph of your book description or ticking the category it falls under. This will give other users of Bookney the choice to decide whether or not to view your content. We reserve the right to put such content containing mature content.
2. Hateful content: Content that promotes hate towards groups based on race or ethnic origin, religion, disability, gender, age, political inclination and sexual orientation/gender identity.
3. Violent content: Content that direct threats of violence against any person or group of people. We ask authors or publishers or licensors not to publish content that contains graphic violence. Also, you may not publish instructional material regarding the creation of weapons of mass destruction or any act of violence.
4. Pirated content: Don’t post anything you didn’t write on Bookney without the signed permission of the author or publisher or licensor. Don’t upload pirated versions of published works, or any other content that belongs to someone else. Posting plagiarised works of any kind is illegal and punishable by law. Failure to adhere to our policies will lead to suspension of account and persistent violation will lead to account permanently disabled. This also means that all the funds generated from the book sales will be seized and given to the rightful owner or will be given to charity organizations or NGOs affiliated with Bookney. If you are unsure as to whether your content is in violation of rules above, feel free to send an email to email@example.com
PLEASE NOTE: You must ensure that all digital content is non-offensive at the time you submit it to us. If you discover that content you have submitted does not comply, you must immediately withdraw the content by un-publishing it and then re-publishing content that complies.
C. Digital Content Withdrawal
You may withdraw your digital content from further sales with a written notice sent to firstname.lastname@example.org stating that you intend to withdraw your digital content from the platform. Further instructions will be sent to you within 30 days of receiving your withdrawal notice.
We are entitled to determine whether or not your digital content will be accepted for reformatting.
E. Terms and Termination
The term of this agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you. We are entitled to terminate this agreement and your access to your Bookney author account at any time, and we will notify you upon termination. You are also entitled to terminate at any time by providing us notice of termination, in which event we will cease selling your digital books within seven working days from the date you provide us the notice of termination. We may also suspend your Bookney author account at any time with or without notice to you, for any reason in our discretion. Following termination or suspension, we may fulfil any customer orders for your digital content pending as of the date of termination or suspension, and we may continue to maintain digital copies of your digital content in order to provide continued access to or re-downloads of your digital content or otherwise support customers who have purchased your digital content prior to termination or suspension.
5. PAYMENT METHODS
Only users may purchase digital content on Bookney. We accept the following credit cards: Visa and MasterCard. Depending on the country in which you are making your purchase from, a payment link will be created for your country’s currency or US Dollars. Where online payment crises may arise, a direct bank transfer may be accepted.
In such a case, once payment is made to the bank account provided by Bookney, the user must send an email to email@example.com with the subject: BOOK PAYMENT for confirmation.
When a credit card is being used for a purchase, Bookney may obtain a pre-approval from the credit card company for the amount of the order. Billing to the credit card occurs at the time of purchase, or shortly thereafter. When you purchase digital content we may ask you to supply additional information relevant to your transaction without limitation, including your credit card number, the expiration date of your credit card and your billing address. You represent and guarantee that you have the legal right to use all payment method(s) represented by any such payment information. When you initiate a transaction, you authorize us to provide your payment information to third parties so we can complete your transaction and charge your payment method for the type of transaction you have selected. You may need to provide additional information to verify your identity before completing your Transaction.
A. Digital Content Price
You will provide a price through the Bookney website for each digital content you submit to us. You may change your pricing through our website, and your change will be effective within 14 working days. There is no limit to the price you can fix on your literary works.
B. Currency Conversion
We may sell your digital content in other countries using foreign currencies. When we do, we will convert the listed price (i.e. sale currency) on your digital content to other currencies at an exchange rate we determine. We may periodically update the converted listed price in order to reflect current exchange rates. The converted list price in the sale currency will be your list price when we offer and sell your digital content in the sale currency. For example, your royalties will be calculated based on the converted list price in the sale currency.
C. Royalties and Payments
When we pay you:
We will pay the royalties due on your digital content upon your request provided it is on the last day of the month using the Gregorian calendar. Please note that transfer charges in your currency or currency of exchange will be deducted from your royalty. Making available to you a monthly online report detailing sales of digital content and corresponding royalties is at our sole discretion.
If you change your payment currency, the change will be effective on the first day of the following calendar month (unless we make an earlier period available). If we pay you in a currency other than the sale currency, we will convert the royalties due from the sale currency to the payment currency at an exchange rate we determine, which will be inclusive of all fees and charges for the conversion.
We may require you to provide certain information or to register a valid bank account in your Bookney author account in order to receive royalty payments, in which case we will not be obligated to make royalty payments to you unless you request for payment, still at the end of the month using the Gregorian Calendar.
You may not bring a suit or other legal proceeding against us with regard to any statement. Note that all disputes will be resolved via an amicable channel.
7. MARKETING, ADVERT PROMOTIONS AND SERVICES RENDERED BY BOOKNEY
- You can apply for any of our marketing and advert promotions as stated in marketing and advert services.
- You can apply for any of our services as stated in Bookney Services.
- There will be a service charge upon a preferred marketing and advert promotion rendered by us.
- We are not liable or responsible for any low outcome of paid adverts we will render to you.
- There shall be no refund of payments made for marketing or advert promotions and services agreed upon to be rendered by Bookney.
- Reviews and corrections: Reviews and corrections of services undertaken by Bookney SHALL be accepted NOT more than TWICE. This is to say that, corrections will be accepted once from you and with our discretion we may accept a second correction/review, but no more. Therefore, upon receipt of your work from our end, you are expected to spend at least seven days to go through the work and then get back to us (ONLY WHERE NECESSARY) with well-detailed review/corrections you want effected in your work. Reach us via firstname.lastname@example.org with the subject SERVICE REVIEW.
- Bookney reserves the right to run a price slash for your books during some festive periods or specific world celebration days that may align with your book category or genre. A notification to slash the price of your book will be sent at least three days before the intended date of price slash.
8. CANCELLATION OF YOUR BOOKNEY ACCOUNT BY YOU
You may cancel Your Bookney account at any time. THERE WILL BE NO REFUND OF ANY FEES OR CHARGES FOR ANY DIGITAL CONTENT YOU MAY HAVE PURCHASED. To cancel, you can do so through the Bookney app by logging on to and going to your account settings. You may also email email@example.com to initiate cancellation of your Bookney account. In the event of any cancellation or termination of your account, we may remove and discard all or any part of your account, user profile, and any content related to your account at any time.
9. TERMINATION OF USER ACCOUNT AND AGREEMENT BY BOOKNEY
This agreement begins on the date you accept its terms and continues until terminated. We may terminate this agreement (including your account), or suspend or terminate the Bookney with or without cause at any time and without notice to you. Upon any cancellation or termination of this agreement and/or your account, the rights and licenses granted to you under this agreement will automatically terminate. This means that, among other things, you will no longer have access to any Bookney digital content to which you have purchased access via the Bookney platform.
10. REFUND POLICY
A. When purchasing a digital content or literary work, fees and charges are non-refundable and there are no refunds or credits.
B. In a case where a Bookney Author uploads a wrong or poorly digital content and a Bookney reader has purchased the book, Bookney reserves the right not to pay the Bookney Author any royalty accrued from the book and reserves the right to remove the book from Bookney Platform.
C. Fees, charges and payment for Bookney services are non-refundable. Hence, there will be no refunds.
11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
A. YOU EXPRESSLY AGREE THAT THE USE OF BOOKNEY IS AT YOUR SOLE RISK. NEITHER BOOKNEY, ITS AFFILIATES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE PLATFORM.
B. IN NO EVENT WILL BOOKNEY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PLATFORM OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE PLATFORM.
C. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOUR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BOOKNEY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Bookney shall have the right, but not the obligation, to monitor the content of the platform including any chat rooms and forums, to determine compliance with these terms and conditions and any operating rules established by Bookney and to satisfy any law, regulation or authorized government request. Bookney shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the platform. We shall have the right to remove any material that Bookney, in its sole discretion, finds to be in violation of the provisions hereof, its content policy. Although, we reserve the right to remove without notice, any post or public comments for any reason. But we have no obligation to delete submissions that you may find objectionable or offensive.
13. FORCE MAJEURE
Bookney will not be liable to you for any failure or delay in the performance of its obligations under this terms and conditions caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labour conditions.
Bookney, Bookney.com, Bookney Book Club and related words, domain names and logos are trade-marks and the property of Bookney. Therefore, you are not authorised and hereby warned not to pose as Bookney to defraud or deceive members of the public into cheap popularity or scam.
You agree to defend, indemnify and hold harmless Bookney and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the platform.
16. CONFLICT RESOLUTION CHANNEL
Any dispute or claims arising out of or in relation to the interpretation or execution of this agreement or the breach, termination or invalidity thereof shall be settled amicably between the parties, via interactions (email or other working channels) failing of which an arbitrator shall be appointed by the parties, whose award shall be final and binding on the parties. The venue of arbitration shall be at the sole discretion of Bookney and the language of arbitration shall be English.
17. CREDIT/FUND GIFT BETWEEN USERS
Transferring credit/fund to another user’s wallet is at your sole risk. We will not be held liable if your transfer fails or there is an interruption or error.
18. AGREEMENT AMENDMENT
Bookney will change over time and the terms of this agreement will need to change over time as well. We reserve the right to change the terms of this agreement at any time in our sole discretion. We will give you notice of the changes by posting new terms in place of the old on our website with a revision date indicated at the top or by sending an email to the email addresses then registered for your Bookney account. If you do not agree to the changes, you must withdraw your digital content or literary works from further distribution through Bookney and terminate your use of the platform in the case of an author, publisher or licensor. Or if you do not agree to the changes, you must cancel your Bookney account as a reader.
By publishing your book on Bookney, you have agreed that copyright of your digital content has been transferred to Bookney and as such, Bookney did not steal, obtain forcefully nor illegally source for your digital content to upload, rather you willingly uploaded your digital content on Bookney for access to users across the world.