WEBSITE TERMS
The term Carmine Press’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
- You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England.
COMPETITIONS
- The Author grants permission for his/her story or poem hereafter referred to as the Work, be published at the sole discretion of and by the Publisher in an anthology of their choice, hereafter referred to as the Anthology.
- This use of the Work by the Publisher entails the assignment of First World Anthology Rights, for publication in the English language anywhere in the world. It is also understood and agreed that the Publisher may use this Work only in the above-mentioned anthology, including additional versions and re-printings of it, and that the Author shall retain all other rights to the Work not specified here.
- For the rights granted above, in addition to any prize money (if applicable), the Author will receive one (1) copy of the Anthology, which will be mailed within thirty (30) days of publication of the Anthology. Author also may purchase additional copies at a reduced rate of 70% of the retail price (plus shipping and handling).
- The Author represents and warrants that he/she is the sole author of the Work, that the Work is original, and that no one has reserved the rights granted in this agreement. The author also represents, to the best of his/her knowledge, that the Work contains no matter unlawful in its content, nor does it violate the rights of any third party; that the rights granted in this contract are free and clear; and that the Author has full power to grant such rights to the Publisher.
- The Author further warrants that any and all works submitted under this contract are not in the public domain and are not and have never been published in paper or any other format with any publishing company that may still own proprietary right to the Work.
- The Author agrees to hold Publisher harmless and indemnify it from all damages, costs, and expenses directly resulting from a finally sustained judgment relating to any legal actions incurred by the Author arising from a breach of the above warranties.
- In the case of a First World Anthology Rights assignment, the Author agrees not to publish or permit others to publish this Work in any form prior to its publication and appearance in the above named Anthology and for the first one hundred-twenty (120) days after the appearance of the Anthology.
- The Publisher will make no major alterations to the Work’s text or title without the Author’s written approval. The Publisher reserves the right to make minor copy-editing changes.
- The Publisher agrees to list a proper copyright notice for the work in the name of the Author on the first page of the published story or poem.
- The Publisher shall hold the copyright of the anthology compilation.
- This agreement shall be deemed executed under the laws of England.
- In the event that the above-mentioned anthology has not been published within four (4) months of the execution of this agreement, all rights revert to the Author, and the Author has the right to sell or arrange for publication of the above-named Work in any manner.
STANDARD PUBLISHING AGREEMENT
Paperback and hardcover royalties range between 10% and 20% of the retail price if sold through a bookseller or between 25% and 45% of the retail price if sold directly to the reader by Carmine Press, dependent on the specification of the book, and the author’s choice of price point.
The minimum retail price of hardback and trade paperback versions of your book is based on the post production page count and specification (eg colour or black and white, finished size, etc).
Prices are subject to change at any time at the discretion of Carmine Press as market conditions and costs warrant. Carmine Press also reserves the right to introduce additional editions and versions of the Work.
Warranties
The Author represents and warrants that he or she is the sole author of the Work and is the owner of the copyright to all of its contents; that he or she has not engaged in plagiarism with respect to the Work; that the Work is accurate in all respects (i.e., if fiction, it represents no real event or person in a way that could be deemed libellous; if nonfiction, it does not mis-state any material fact or omit to state any material fact, the result of which would libel any person or result in a person being placed in a false or damaging light); that the Work does not infringe upon any statutory or common law right of copyright or privacy of any third party; that the Author is owner of any trademarks and/or trade names associated with the Work; that the Work does not constitute obscenity or hate literature; and that the Author has the right to enter into this Agreement.
Your Rights
The Author acknowledges and agrees that Carmine Press acquires no right of ownership to the Work under this Agreement and that Carmine Press is a provider of limited services only (e.g., printing, book sales, and Internet access) and assumes no responsibility for reviewing or correcting the content of the Work.
Indemnity
The Author agrees to indemnify Carmine Press and its employees, shareholders, directors, representatives, successors, and assigns of and from all and any manner of claims, liabilities, damages, expenses (including reasonable legal fees), awards, and judgments resulting from (i) claims of third parties regarding ownership, libel, slander, plagiarism, privacy, misappropriation, and similar claims arising from publication of the Work, and (ii) Author’s breach of any warranty in this Agreement. Carmine Press agrees to notify the Author promptly of any claim for indemnity under this Agreement. Carmine Press may be represented in any proceeding by counsel of its choice; the Author may retain additional counsel at his or her own expense. Any settlement agreement between Carmine Press and a third party regarding a claim covered by the indemnity provisions of this Agreement shall be subject to approval of the Author, whose approval shall not be unreasonably withheld.
Term and Exclusivity
This Agreement is nonexclusive. (The Author can enter into other publishing agreements.) Carmine Press retains all digital property and ownership related to all completed production data and files. Either party has the option to terminate the Agreement at any time, with or without cause. If the Agreement is terminated by the Author before the author officially signs off on their approval of work performed, publishing fees will be refunded in full (or applied against any outstanding amounts in the Author’s account). If the Agreement is terminated by Carmine Press at any time, all publishing fees will be refunded in full (or applied against any outstanding amounts in the Author’s account). If The Author does not submit the complete materials for publishing within one year from the date of this Agreement, the fees are not refundable. For the purposes of this paragraph, publication fees are defined as those fees directly associated with online, disk, and paper manuscript submission. Fees related to other pre- or post publication services, such as data entry, copyediting and/or corrections, or book sales, are not refundable. Fees related to the publication of second and later editions of the Work are also not refundable. If the agreement is terminated by Carmine Press due to a breach by the Author of this Agreement, no fees shall be refunded. The Author retains the copyright for the Work, and no part of this Agreement diminishes the Author’s rights to the Work.
LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of England.