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, Readers, Users and Publishers) AND THE Crater Library & Publishers.
By using the services available at Crater Library & Publishers, 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 Crater Library & Publishers customers and end users.
1.0 Crater Library & Publishers CONTENT
“Content” means the collective digital books of all genres, audio and audio-visual resources, pictures and for simplicity we refer to all T Crater Library & Publishers content as E-resources. Crater Library & Publishers content is divided into six categories (Scholarly Literature, Grey Literature, Fiction, Non-Fiction, Rare Literature and Manuscripts, E-zines) with sub-genres for easy access and retrieval.
To ensure that Crater Library & Publishers content is of good quality and devoid of questionable content, we insists that copyright owners warrant that the “work” does not contain materials which:
Under the genre fiction, Crater Library & Publishers recommends that:
The copyright owner hereby grants and assigns to Crater Library & Publishers the nonexclusive worldwide right to digitally publish, distribute, market and sell (“Publish”), and to licence others to do so, the work identified on the front page of your submission (the “Work”). Since the terms of agreement with Crater Library & Publishers herein, is non-exclusive, the copyright owner except for contents funded by Crater Library & Publishers with Crater imprint, is free to publish, licence, market and sell their work elsewhere so long as the copyright owner is not violating someone else’s agreement or violating any laws
Crater Library & Publishers will generally publish any such submissions which do not violate, or which do not appear to violate the Agreement.
Crater Library & Publishers will publish “Work” as it is delivered to us, and will never edit or modify the Work. Crater Library & Publishers does not guarantee 100% preservation of the original Work’s formatting as certain modifications and changes may occur during file or design conversions.
Crater Library & Publishers 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; Crater Library & Publishers 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 Crater Library & Publishers from listing a title.
Crater Library & Publishers may publish the “Work” until the copyright owner decides to not publish the” work “on the website. The Copyright owner is to notify Crater Library & Publishers 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.
Crater Library & Publishers does not support infringement and plagiarism. Crater Library & Publishers 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 Crater Library & Publishers, copyright owners are entitled to the following payment:
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, 70% of “net proceeds” does not equal 70% of the digital book’s sales price (also applies to videos and documentaries royalty.)
5.1 Royalty Payment Timeline
Crater Library & Publishers 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
Crater Library & Publishers may require you to provide certain information or to register a valid bank 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 Crater Library & Publishers 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.
Crater Library & Publishers allow creators, authors and publishers control the price of their “work”. However, we recommend you contact the administrator of Crater Library & Publishers 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 Crater Library & Publishers website are allowed to do so and also distribute complimentary copies of the “work” to select patrons.
NOTE: Crater Library & Publishers staff shall notify and advise 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 Crater Library & Publishers advice.
6.1 FEES AND SERVICES
By using the site, you are agreeing to pay the price as presented and set by the copyright owner at the time of purchase. All purchases are final and non-refundable. Crater Library & Publishers 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 CRATER LIBRARY & PUBLISHERS E- RESOURCES DISTRIBUTION
Crater Library & Publishers 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, Crater Library & Publishers strongly discourages piracy/infringement of author’s “work” and encourages customers to purchase licensed copies. However, Crater Library & Publishers is obligated to provide you with DRM technology in connection with the distribution of your e-resources but we cannot guarantee a complete prevention of piracy/infringement of a “work”. In addition, 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 use and sales of e-resources.
8.0 ARCHIVING AND LONG-TERM ACCESS
Crater Library & Publishers 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 Crater Library & Publishers.
9.0 PROMOTIONAL/MARKETING RIGHT
Crater Library & Publishers 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) Crater Library & Publishers service. These samples will be licensed for free, non-commercial use, duplication and sharing, and will comply with the sample percentage authorised by the copyright owner.
10.0 FORCE MAJEURE
Crater Library & Publishers 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.