NOTE: THESE TERMS OF SERVICE, WHICH WILL BE AMENDED FROM TIME TO TIME, ARE A BINDING AGREEMENT BETWEEN YOU (“Patrons”,” Copyright owners” (which in this case encompasses Creators, Authors and Publishers) AND THE CRATER LIBRARY.
By using the services available at The Crater Library you agree to the terms governing the applications, features and functionality available on or through the Site. If you do not agree with these terms, do not use the service. The following describes how users of the Site who review or purchase downloadable digital books and other media resources (patrons) can download material and how they may review or use that work by the person or entity who posted the work (the “Author” ,the “Copyright owner” ,”the Creator”, or “Publisher” ). For the sake of simplicity, this Terms of Service may use the term ‘Copyright Owner’ to encompass the creator, author and publisher while “Patron” is used for The Crater Library customers and end users.
1.0 THE CRATER LIBRARY CONTENT
“Content” means the collective digital books of all genre, audio and audio-visual resources, pictures and for simplicity we refer to all The Crater Library content as E-resources. The Crater Library content is divided into seven categories and genres (Academia, Grey Literature, Fiction, Non-Fiction, Video, Audio and Picture Galleries) with sub-genres for easy access and retrieval.
To ensure that The Crater Library content is of good quality and devoid of questionable content, we insists that copyright owners warrant that the “work” does not contain materials which:
- violates any right of privacy which is libellous or violate any personal right or other right of any kind of any person, group or entity (this includes publishing a person’s private email address without their permission);
- would violate any of your contracts or would disclose any information given to you on the understanding that it would not be published or disclosed;
- plagiarize or pirate any other work or infringe upon any copyright, trademark or other proprietary right;
- Are injurious to patrons or others including but not limited to recipes, formulae or instructions;
- Violate the Federal and State of Nigeria;
- Advocates hateful, discriminatory or racist/tribalism views or actions toward others;
- advocates or condones violence against another person, whether or not the other party is a willing participant;
- Advocate illegal activities;
- Contain images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals for entertainment purposes;
- Fine art books of a non-erotic nature that contain nudity may be accepted on a case by case basis at the sole discretion of The Crater Library;
- Contain hyperlinks to affiliate marketing pages, especially if the e-book is published for the sole intent of publishing hyperlinked content that directs readers to affiliate marketing pages;
- Advocate or promote “systems” about how to make money on the Internet by publishing e-books;
- Advocate or promote “advanced fee fraud (419)’ or “get-rich-quick” schemes and systems;
- Contains advertisements for products or services, or is intended to act as an advertising for products or services;
- Contains incomplete information and prompts the reader to access external resources or services that require registration or payment;
- Is an incomplete book for the purpose of promoting the purchase of the complete book elsewhere or on The Crater Library. Books priced at FREE are held to this same standard;
- Makes false, misleading or inaccurate claims or promises in the e-resource description;
- Is not the same book you previously published on The Crater Library, then republished as a new book for the sole purpose of having it appear as a new book again.
Under the genre fiction, The Crater Library recommends that:
- E-book descriptions and titles for erotic literature must be kept “PG-13’’;
- Excessive profanity in book descriptions may lead to further scrutiny and review, or removal from The Crater Library website and archive;
- The Crater Library has a zero tolerance policy for underage erotica (characters under age 18), it is forbidden and the upload of such will lead to immediate account termination;
- Rape erotica, where the predominant theme is rape violence for fun and entertainment, is strongly discouraged, and is subject to additional review and will be removed by The Crater Library;
- Scat erotica is prohibited;
- Snuff and necrophilia erotica is prohibited;
- Bestiality erotica is also prohibited;
- Incest and pseudo-incest (sexual relations among non-biologically related relatives and siblings) erotica is also prohibited.
The copyright owner hereby grants and assigns to The Crater Library the nonexclusive worldwide right to digitally publish, distribute, market and sell (“Publish”), and to license others to do so, the work identified on the front page of your submission (the “Work”). Since the terms of agreement with The Crater Library, herein, is non-exclusive, the copyright owner is free to publish, license, market and sell their work elsewhere so long as the copyright owner is not violating someone else’s agreement or violating any laws
The Crater Library will generally publish any such submissions which do not violate, or which do not appear to violate the Agreement.
The Crater Library will publish “Work” as it is delivered to us, and will never edit or modify the Work. The Crater Library does not guarantee 100% preservation of the original Work’s formatting as certain modifications and change may occur during file or design conversions.
The Crater Library may decide not to publish a “work” and discontinue the publication of a work for any reason which need not be provided. Exceptions exist in the cases of gross violations of this Terms of Service; The Crater Library will make every attempt to provide reasonable notice to the copyright owner via email, up to and including providing instructions on how to remedy potential issues that might prevent The Crater Library from listing a title.
The Crater Library may publish the “Work” until the copyright owner decides to not to publish the” work “on the website. The Copyright owner is to notify The Crater Library staff of his decision via e-mail and the ‘’work’’ will be removed within five business days from the site but will remain indefinitely in our archive.
4.0 COPYRIGHT AND INFRINGEMENT
The copyright in the Work shall belong to the Creator, Author or publisher who has obtained the legal right to own and deal with “work” as allowed by the Constitution of the Federal Republic of Nigeria. Creators, Authors and Publishers shall be solely responsible for filing its copyrights and any other intellectual property with the appropriate governmental body. It is the copyright owner’s responsibility to place a copyright notice on the copyright page or some other prominent place in the Work.
The Crater Library does not support infringement and plagiarism. The Crater Library takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an Infringed party by removing the culprit ‘’work ‘’ from our site and archive.
As long as you are not in breach of your obligations under this agreement and revenues directly attributable to the “work” are being collected by The Crater Library, copyright owners are entitled to the following payment:
- The copyright owner of digital books, pictures and audio shall be paid an applicable royalty of 80%, net proceeds of refunds, bad debt, and any VAT, sales or other taxes charged to a customer or applied with respect to sales to a customer.
- The copyright owner of videos and documentaries shall be paid an applicable royalty of 85%, net proceeds of refunds, bad debt, and any VAT, sales or other taxes charged to a customer or applied with respect to sales to a customer.
NOTE: Net proceeds” here means sales price paid and received less payment processing fees, costs due to erroneous or fraudulent transactions, credit card charge-backs and associated fees. Therefore, 80% of “net proceeds” does not equal 80% of the digital book’s sales price (also applies to videos and documentaries royalty.)
5.1 Royalty Payment Timeline
The Crater Library will pay royalties due on its E-resources approximately 90 days at the end of the Gregorian calendar month during which the sales were made. In addition, an online report detailing sales of E-resources and corresponding Royalties will be made available to you.
5.2 Royalty Payment Policy The Crater Library may require you to provide certain information or to register a valid bank account in account in order to receive Royalty payments, therefore we will not be obligated to make Royalty payments to you unless you do so.
NOTE: We may establish and adjust other payment policies from time to time.
5.3 Royalty Payment Disputes
You may not bring a legal suit against The Crater Library with regard to any statement unless you bring it within seven months after the date the statement is available. Any such proceeding will be limited to a determination of the amount of monies, if any, payable by us to you for the accounting periods in question, and your sole remedy will be the recovery of those monies with no interest.
The Crater Library allow creators, authors and publishers control the price of their “work”. However, we recommend you contact the administrator of The Crater Library via e-mail for advice on the appropriate price for your “Work”. There is evidence that by pricing your “work” for less than printed equivalents, you can further decrease piracy and increase sales volume.
Copyright owners who do not wish to sell their work but put it up for free on The Crater Library website are allowed to do so and also distribute complimentary copies of the “work” to select patrons.
NOTE: The Crater Library staff shall notify and advice owners of “works” which the patrons review as overpriced for a price readjustment. The Copyright owner reserves the right to adhere or not adhere to The Crater Library advice.
6.1 FEES AND SERVICES
By using the site, The Crater Library Patron is agreeing to pay the fees as presented by The Crater Library and set by the copyright owner at the time of purchase. All purchases are final and non-refundable. The Site may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in Naira. You are responsible for paying all fees and applicable taxes associated with your use of the Site.
7.0 DRM AND THE CRATER LIBRARY E- RESOURCES DISTRIBUTION
The Crater Library is a strong supporter of author’s rights, and the right of authors and copyright owners to receive compensation for their digitally published works. Therefore, The Crater Library strongly discourages piracy/infringement of author’s “work” and encourages customers to purchase licensed copies. However, The Crater Library is not obligated to provide you with the option to apply DRM technology in connection with the distribution of your e-resources as we cannot guarantee a complete prevention of piracy/infringement of a “work”.
In a situation where The Crater Library provides you with an option to apply DRM technology, you acknowledge that we make no representations as to the efficacy of the DRM and will not be responsible for any failure of the DRM especially in sales and distribution of e-resources.
8.0 ARCHIVING AND LONG-TERM ACCESS
The Crater Library provides quality and long term preservation of its collections by pursuing best practices and standards in the creation and maintenance of cloud storage of multiple back up files for all of the e-resources in The Crater Library.
9.0 PROMOTIONAL/MARKETING RIGHT
The Crater Library shall have the right to distribute samples of the ‘’Work” in any form of media, including printed media, in order to promote and market (a) the copyright owner’s work and/or (b) The Crater Library service. These samples will be licensed for free, non-commercial use, duplication and sharing, and will comply with the sample percentage authorized by the copyright owner.
10.0 FORCE MAJEURE
The Crater Library will not be liable for failures or delays in performing their obligations pursuant to this agreement arising from any cause beyond their control, including but not limited to, act of God, acts of civil or military authority, terrorism, fires, strikes, flood, storms, epidemics, wars, riots, alien take over, zombie apocalypse, rapture, and in the event of any such delay, the time for either party’s performance will be extended for a period equal to the time lost by reason of the delay. If the conditions giving rise to the delay continue beyond thirty (30) consecutive days, either party may terminate its agreement with the other by giving written notice to the other party.
10.1 GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria or any country of your choice.
In the event of dispute, or claim 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, 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 (as agreed by both parties) and the language of arbitration shall be English.