CONTACT           TERMS and CONDITIONS           PRIVACY POLICY

"Literature... cut short by the intrusion of force... is not merely interference with freedom of the press but the sealing up a nation's heart, the excision of its memory."

—Aleksandr Solzhenitsyn, Russian novelist

Lot’s Cave, Inc.

Author Terms of Service

Author TOS – Please Read The Following Carefully

Ebook & Audiobook Publishing Agreement

UPDATED January 1, 2019

THIS E-BOOK PUBLISHING AGREEMENT, AS AMENDED FROM TIME TO TIME ("Terms"), IS A BINDING AGREEMENT ("Agreement") BETWEEN YOU ("End Users" and "Authors," as defined below) AND Lot's Cave ("Lot's Cave eBooks, or Lot's Cave"), a division of Lot’s Cave, Inc.

This document applies to e-Books from Publishers, as well as from Authors of e-Books published or distributed by Lot's Cave eBooks. For the sake of simplicity, substitute the term "Publisher" for "Author" where it applies in this agreement.

By using the ebook compiling, publishing, and retail distribution service available at www.Lot's CaveCompany.com (the "Site"), you agree to the terms governing the applications, features, and functionality available on or through the Site (The "Service"). If you do not agree with these terms, do not use the service.

The following describes how users of the Site who purchase downloadable digital books ("End Users") can download material, and how they may use that work by the person or entity who posted the work (the "Author").

The following also describes the rights and responsibilities of the Author and Lot's Cave eBooks. Any user of this Site who downloads, reads, or previews any Work on the Site is referred to as an "End User."

1. The Grant and the Territory: The Author hereby grants and assigns to Lot's Cave eBooks the non-exclusive worldwide right to digitally publish, distribute, market, and sell ("Publish"), and to license others to do so, the work identified on the title page of your submitted e-Book (the "Work"). Since the terms of agreement with Lot's Cave eBooks, herein, are non-exclusive, the Author is free to publish, license, market, and sell their work elsewhere, so long as the Author is not violating someone else's agreement or violating any laws.

2. Publication: Lot's Cave eBooks will generally publish any submission not involving erotica, adult fiction, or other subjects which do not violate, or which do not appear to violate, the Agreement, at its discretion.

2a. Publication of Work As Is: Generally, Lot's Cave eBooks prefers to publish Author's Work as it is delivered to us, and not edit or modify the Work. Provided the Work passes most basic spellcheck functions, meets basic grammar rules, and is reasonably well written, Lot's Cave eBooks will not modify the Work except to insert Lot's Cave eBooks front matter and various end matter at its discretion. However, Lot's Cave eBooks will make modifications where a work references other publishers, or where the Author's work repeatedly does not pass basic spellcheck and grammar rules. Lot's Cave does not accept links to third party resellers in author content.

Notwithstanding anything to the contrary, certain modifications may occur to any work that are caused by file or design conversions and necessary Style changes for digital machine reading. Lot's Cave eBooks does not guarantee accurate preservation of the original Work's formatting.

2b. Publication at Option of Lot's Cave eBooks: Lot's Cave eBooks may decide not to publish Author's work, or may decide to discontinue its publication of Author's work, for any reason or for no reason, and no reason need be provided. Except in cases of gross violations of this Publishing Agreement's Terms of Service (TOS), Lot's Cave eBooks will make every attempt to provide reasonable notice to Author via e-mail, up to and including providing instructions on how to remedy potential issues that might prevent Lot's Cave eBooks from listing a title.

2c. How to "Unpublish" Works from Lot's Cave eBooks: Lot's Cave eBooks may publish the Work until Author of the Work decides to unpublish the work (to unpublish, access the Lot's Cave eBooks ‘Contact' page, or send an e-mail titled ‘unpublish' to service@Lot's Cavecompany.com listing the title(s) you wish to unpublish). If Author is unable to access the site, the Author may notify Lot's Cave eBooks in writing to remove the Work at the address listed on the Lot's Cave eBooks contact page. After receipt of that notice, Lot's Cave eBooks will remove the Work from Lot's CaveCompany.com usually within five business days. If the Work is distributed to other retail partners, then it may take longer to delist the Work in all other retail locations. Lot's Cave eBooks will do its best to assist Authors to have their works removed promptly, and to ensure that Authors terminating their Lot's Cave eBooks accounts receive full payment for sales that may occur after account termination.

2d. Removal of poorly formatted works: Lot's Cave eBooks clearly communicates herein to all Authors their responsibility to study and implement the Lot's Cave eBooks Style Guide's formatting requirements prior to uploading a manuscript to Lot's Cave eBooks. Lot's Cave eBooks, at its option, may without warning delete the accounts of Authors who blatantly ignore the formatting requirements. We urge all Lot's Cave eBooks Authors not to waste the time of Lot's Cave eBooks, or our readers.

3. Infringement.

3a. Removal of Infringing or Defamatory Work of Author: Lot's Cave eBooks takes claims of infringement seriously, and may take immediate action upon notice from someone claiming to be an Infringed party and pursuant to our DMCA policy (see policy at end of this document).

Generally, upon receipt of a written notice from a party infringed or defamed by Author's material (or someone purporting to be his agent, publisher, or attorney in fact or assign), Lot's Cave eBooks will remove the Author's Work, and reserves the right to remove any and all information about the Author and the Author's Work from the Site.

3b. Infringement by Others Upon Author's Work: If an Author or copyright holder learns that a third party is violating Author's copyright, or pirating or illegally distributing a Lot's Cave eBooks-published work, the Author shall inform Lot's Cave eBooks; however, it is the Author's responsibility to seek relief from the offending parties. If that offending work is also published on Lot's Cave eBooks, Lot's Cave eBooks will remove it, per section 3a above.

3c. Rights, Clearances, and Other Legal Matters: It is the Author's responsibility to secure permissions to the Work prior to the time Author submits such work, if any material from the work belongs to, or has been licensed to, someone else.

 4. Content Policy: Authors, Editors, and Contributors, using Lot's Cave eBooks are responsible for complying with the Content Policy. Lot's Cave eBooks may update or alter the Content Policy at any time. You are responsible for checking for updates and your continued use of the Lot's Cave eBooks after we post amendments will constitute your acceptance of the changes, as described in this Lot's Cave eBooks E-BOOK PUBLISHING AGREEMENT.

Lot's Cave eBooks reserves the right to determine, in the exercise of our sole discretion, whether or not your content (including, but not limited to your eBook file, cover image, and product data) is compliant with the Content Policy. This includes but is not limited to content we deem illegal, libelous, infringing, offensive, harmful or potentially harmful, threatening, harassing, legally obscene, defamatory, or intentionally hateful in any regard.

We also reserve the right to remove from sale your eBook or other content at any time, if we determine, in our sole discretion, that the content in your eBook is not appropriate for sale through Lot's Cave eBooks for any reason, or no reason.

You are responsible for knowing and following all local, national, or international laws regarding publishing content that are relevant to you or your business.

Please be advised that submitting or posting any of the following content in your eBook file, cover image, or product data may, in the exercise of Lot's Cave eBooks's sole and unfettered discretion, result in the removal of said content and/or termination of your account. Please be advised that the content listed represents examples only and the following list of content is non-exhaustive. Such content includes but is not limited to:

• Erotic, Obscene or Pornographic material: This may include content that graphically portrays sexual subject matter for the purposes of sexual arousal and erotic satisfaction.
• Libelous Material: False defamatory statements that intentionally harm or have the potential to harm an individual or a third party.
• Infringing Material: Any content to which you do not own the copyright or otherwise control the right to distribute. Additionally, content that may violate any other intellectual property rights, such as trademark and/or content that may infringe upon a party's proprietary rights, such as the right of privacy or the right of publicity.
• Illegal Content or Other Offensive Material: As we may determine in our sole discretion, content that is illegal, content that violates the laws of any jurisdiction, whether or not we sell in such jurisdiction, or other content we deem offensive in the exercise of our sole discretion including but not limited to works portraying pedophilia or content that encourages hate or violence.
• Material Violating Privacy: Any content that violates an individual's privacy.
• Advertisements: Content contained within your eBook or other content that primarily seeks to sell a product other than the eBook or content itself.

5. Copyright: The copyright on the Work shall belong to the Author, or the party that Author cites as the copyright holder. Author shall be solely responsible for filing its copyrights and any other intellectual property with the appropriate governmental body. It is the Author's responsibility to place a copyright notice on the copyright page, or some other prominent place in the Work.

Lot's Cave eBooks will retain ownership of the copyright on all e-Book covers designed using Lot's Cave eBooks graphic artists even though it appears in the author's e-book. Any such covers may not be used by versions of the book sold outside of the Lot's Cave eBooks system. Cover images may be given to the Author for his/her advertising purposes, and the author may link them back to their eBook on Lot's Cave eBooks. If the cover image is provided by the Author, or the author does most of the work in making the cover image, then the copyright and rights of the image belong to the author, not Lot's Cave eBooks. The Author warrants that the Author owns all copyrights or reproduction rights for any and all images the Author provides Lot's Cave eBooks for cover or interior artwork.

6. Formats of Digital Conversions: Author shall submit their Work as a Microsoft Word .doc or .docx file, or a RTF file. Lot's Cave eBooks shall utilize its various technologies to convert the book into multiple e-book formats, and publish the work for use in sampling, distributing, and selling the work. The Author is not authorized to independently sell or distribute for sale any Lot's Cave eBooks-generated file conversions outside of the Lot's Cave eBooks site, or Lot's Cave eBooks distribution network, without first receiving written permission from Lot's Cave eBooks (in other words, you cannot use Lot's Cave eBooks as a free file conversion service so you can sell the files elsewhere. This includes any Cover art designed by Lot's Cave eBooks). You acknowledge that if you violate this requirement, you may forfeit any accrued earnings at Lot's Cave eBooks, and your account may be deleted without notification.

7. Royalties: So long as the proper copyright protection exists in the Work, no infringement notices have been filed, and revenues directly attributable to the Work are being collected by Lot's Cave eBooks, the Author shall be entitled to the following payments:

7a. Royalty Rates: See also the Royalty FAQ for more information.

A two-tier payment structure exists:

• For all e-Books published on the Lot's Cave eBooks website, Lot's Cave eBooks agrees to pay Authors a flat 70% of retail price royalty rate for all sales, excepting book refunds due to credit card chargebacks, any additional associated fees, and credit card processing fees. Books that are offered for sale as part of Lot's Cave eBooks or Author promotions will receive a flat 70% retail royalty rate of the adjusted promotional price. For example, if the book is priced at $2.00, the 70% royalty rate will be $1.40. If the price is reduced to $1.00 as part of a promotional sale, the adjusted royalty rate will be $0.70.
• For all e-Books published or distributed by Lot's Cave eBooks, but sold in other website bookstores such as Barnes & Noble, Amazon, Kobo, Apple, Smashwords, Lulu, and others, subject to their acceptance, Lot's Cave eBooks will pay Author 50% of the net income Lot's Cave eBooks receives from each sale at these bookstores. For example, if a book sells retail for $5.00 at Amazon, and Amazon keeps $1.00 and sends Lot's Cave eBooks $4.00, then the Author will receive 50% of the $4.00, which amounts to a royalty of $2.00 for the Author.

7b. Free Copies: As administrator of your work, Author may use the Lot's Cave eBooks platform to distribute complimentary copies of the Work, or personally e-mail free files to people, even when you are generally charging a fee. However, Lot's Cave eBooks files cannot be mass-distributed via download at blogs, websites, or other retailers outside the Lot's Cave eBooks network.

7c. Promotional Rights: Unless specified in writing by the Author prior to submission of said Work, Lot's Cave eBooks shall have the right to distribute samples of the Work in any form of media, including printed media, in order to promote (a) the Author or Author's Work and/or (b) the Lot's Cave eBooks self-publishing service. These samples will be licensed for free non-commercial use, duplication, and sharing, and will never exceed the amount of the Authors' Work that the Author has selected for preview on the Site.

7d. Crawlable or Other Searchable Rights: Lot's Cave eBooks shall have the right to drive traffic to the Author's Work on the Lot's Cave eBooks Site through (a) general Search Engine Optimization services (b) crawlable, promotional hypertext links, or (c) arrangements with third parties which make searchable certain sample portions of the Work. In the event that revenue is realized by Lot's Cave eBooks from this arrangement, it shall be treated as an electronic edition under Section 6a.

7e. Other Subsidiary Rights: Other than stated above, Lot's Cave eBooks, in its current version, shall only publish electronic versions of the Work, and keeps no other subsidiary rights to the Work, including hardcover or paperback editions, audio editions, multimedia editions, theatrical editions, first and second serial rights, or media rights other than the electronic version distributed on our Site. Therefore, if another publisher will allow you to keep electronic rights to the Work, you may continue to publish the Work electronically while publishing a printed version of the Work with a print publisher. These rules are subject to change from time to time, upon electronic or other notice to the End Users and any other users.

8. Author-Controlled Terms: The Site allows Author to control pricing, sampling rights, and output formats. Lot's Cave eBooks may expand Author control in the future. By default, Lot's Cave eBooks will publish in 3 or more formats automatically.

9. Statements and Payments of Author Royalties: For ALL e-Books sold directly on the Lot's Cave eBooks website, Lot's Cave eBooks pays Author (or Author's Agent) earnings on a monthly basis, within two weeks following the close of each calendar month. The monthly statement will list sales for e-Books sold.  Currently, notice is sent to the Author at the time each book is sold on the Lot's Cave eBooks website. This is not the case for sales by Lot's Cave eBooks retail partners. See also the Royalty FAQ for more information.

Each Author must provide Lot's Cave eBooks with sufficient information to accomplish payment either by PayPal or by paper check. If the Author resides outside the United States, then PayPal is the only option for receiving payment. Paper checks require accrued earnings threshold of $20.00 or more on the total royalties owed before checks will be mailed. PayPal deposit requires an accrued earnings of $2.00 or more. See also the Royalty FAQ for more information.

It is the duty of all authors and publishers who submit manuscripts to Lot's Cave eBooks to also provide the necessary information to receive payment for any money owed. Authors and publishers agree that if authors or publishers fail to provide a PayPal email address for payment or a physical Unite States mailing address for bank checks to be mailed within two years after time of first submission of manuscripts, you will forfeit all moneys earned or owed when not claimed. A convenient form for authors to provide this information to Lot's Cave eBooks is located (Here).

If accrued Author's aggregate earnings are less than the threshold, Lot's Cave eBooks will delay payment until such monthly period as the total combined earnings due meet or exceed the threshold.

If Lot's Cave eBooks overpays earnings, such as in cases when book refunds, or fraudulent or unauthorized purchases, are charged back to Lot's Cave eBooks after earnings payments are made, then Lot's Cave eBooks will deduct the funds owed from the Author's next payment. If the amount owed exceeds the Author's aggregate accrued earnings, the Author agrees to remit a payment back to Lot's Cave eBooks within 30 days of notification to adjust the overpayment.

For ALL e-Books published or distributed by Lot's Cave eBooks, but sold on website bookstores of retail partners other than Lot's Cave eBooks, the timing of royalty payments and reporting for sales varies greatly depending on the particular e-Book store's reporting and payment period. Some retail partners pay monthly, some quarterly, and some lag payments by 30 days, and others 60 days. Therefore, Lot's Cave eBooks will endeavor to pay the Author as quickly as it receives said funds by remitting them to the Author in the next normal pay period after receipt of said funds.

9a. Tax withholding: All taxes accrued are the responsibility of the Author. Current IRS filing of a Form W-9 and Form 1099 for you is not required if you receive all your royalty payments through a third-party company such as PayPal OR you expect to be under the earnings threshold. Otherwise, download the Form W-9 here and email us the filled out copy: W-9 Form

For Authors and publishers outside the US, the automatic withholding rate is 30%. Many countries have tax treaties with the United States that entitle residents and businesses located in these countries to receive either partial or full exemption from the 30% tax withholding. To qualify, Authors and publishers should first check whether their country has a tax treaty (see the Support Center link below). If a tax treaty is in effect, then the Author must apply for, and obtain, an ITIN from the US IRS. Following receipt of the ITIN, the Author must complete the W8-BEN form (or related form, see IRS instructions), sign it, and return it to Lot's Cave eBooks. The burden to provide such information will fall upon the Author if/when the IRS makes it necessary.

10. Author's Warranties: The warranties and representations contained in this Agreement extend to Author and its licensees, successors, and assigns. By uploading content to Lot's Cave eBooks, or Lot's Cave eBooks assignees, you agree that any violation of the warranties below may result in immediate deletion of your account.

10a. By Submitting Your Work to Lot's Cave eBooks for publication, You, the Author represent that the Work is complete, and the Author:

• is the only Author of the Work;
• is the sole owner of the rights herein granted;
• has not assigned, pledged, or encumbered such rights, or has not entered into any agreement which would conflict with the rights granted to Lot's Cave eBooks herein; and agrees not to do any of the aforementioned without first unpublishing the work at Lot's Cave eBooks;
• has full right, power, and authority to enter into this Agreement, and to grant the rights specified herein.

10b. You further warrant that the Work contains no materials which:

violate any right of privacy which is libelous, or violate any personal right, or other right of any kind, of any person or entity (this includes publishing a person's private e-mail 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 End Users or readers;
• violate state and federal laws;
• advocate hateful, discriminatory, or racist views or actions toward others;
• advocate illegal activities;
• advocate the use of Private Label Rights content to make money on the Internet, or the modification of such content for the creation of Internet content;
• 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;
• contain SEO keyword spam, either in your manuscript or your metadata tags; or
• contain advertisements for services, or contain partial books for the purpose of promoting the purchase of the same book elsewhere.

Any cover images containing nudity will be accepted on a case-by-case basis at the sole discretion of Lot's Cave eBooks. (Generally, nudity is not recommended on a cover due to it making the entire book unsalable with any of Lot's Cave eBooks's retail partners on their websites.)

The book interior may not contain any legal graphic images of nudity (either photographic or illustrated), or persons involved in sex acts, and which may be considered graphic in content.

10c. You further warrant the book meets the following standards for originality:

• this is not a public domain work, unless prominently mentioned on the title page and in the books description;
• the book does not include word-for-word scrapes - or is not a compilation - from Wikipedia or other public domain, government, or commercial services;
• your books do not, and will not, appear elsewhere on the Internet authored by people other than yourself, or by pen names (pseudonyms) different from your pen name at Lot's Cave eBooks;
• none of your book content, either in part or in its entirety, is sourced from "Private Label" rights, articles, e-books, or information sources which license the same content to other people.

10d. You further warrant the book represents a complete work:

• this is not a work-in-progress;
• the uploaded file is not a partial sample or sample chapter, or is not a collection of sample chapters, or not simply a catalog advertising other books
• the uploaded book represents a complete story with a beginning, middle, and end; not a short serial.

11. End Users: "End Users" who pay whichever fee is set by the Author to purchase a Work are allowed to use each copy of the Work in any reasonable non-commercial manner, in compliance with copyright law and pursuant to this Agreement.

11a. Rights of Use:

1. Purchased works: As End User, you acknowledge that all Work furnished by Lot's Cave eBooks is licensed for the use of the End Users of the Site, and may not be sub-licensed, loaned, or resold. If you purchase a work, you hold a non-exclusive, non-transferable, and non-distributable right of use.

In other words, you are free to enjoy it for your own use, but you are not authorized to share, sell, or distribute the work to others.

1. Free works including sample works: Free works and sample works published at Lot's Cave eBooks are the copyrighted material of the Author or publisher, and therefore are not authorized for redistribution without prior written consent from Lot's Cave eBooks. Third parties are not authorized to download, host, or otherwise redistribute Lot's Cave eBooks books or stories without prior written agreement from Lot's Cave eBooks. Directory services and affiliate marketers may reproduce the metadata information found on each book's book page (cover image, book description, price, etc.), provided hyperlinks direct visitors to the Lot's Cave eBooks book page, and provided users are not charged for access to these listings, and are not required to register their personal information to gain access to these listings.

11b. Fees and Services. By using the Site, the End User e-Book customer is agreeing to pay the fees as presented by Lot's Cave eBooks, and set by the Author, at the time of purchase. The Author sets the price for their individual Works. Prior to payment, End User will have an opportunity to review and accept the fees for the purchase End User is requesting. The Site may change pricing policies and fees for services we provide at any time, and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in US Dollars. The End User is responsible for paying all fees and applicable taxes associated with End User's use of the Site.

11c. Abusing Lot's Cave eBooks: Lot's Cave eBooks and its users work together to keep the Site working properly. Please report problems and policy violations to Lot's Cave eBooks. The warranties and representations contained in this Agreement extend to End Users, and other licensees and successors and assigns of Lot's Cave eBooks. End Users agree while using the Site, Services, or Author's Work, to not:

• violate any laws, third party rights, or any policies which we may post on the Site from time to time;
• use the adult Site, Service, or Author's Work, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
• circumvent or manipulate our fee structure or the billing process;
• use robots, spiders, shills, or other methods in an attempt to unfairly game the site's ranking systems for downloads, reviews, and sales, or hire others to do the same;
• engage in advertising, marketing, spam, chain letters, or pyramid schemes involving or using the Work from the Site;
• distribute viruses, malware, or any other technologies that may harm Lot's Cave eBooks, or the interests or property of Lot's Cave eBooks users;
• copy, modify, or distribute content from the Site, or Lot's Cave eBooks' copyrights and trademarks; or
• engage in abusive or profane behavior toward Lot's Cave eBooks, its employees, its Authors, or fellow users.

Without limiting other remedies, Lot's Cave eBooks may limit, suspend, or terminate the Service and End User accounts, revoke earnings, prohibit access to our Site, demand return or destruction of any Work improperly taken or used from the Site or Service, and take technical and legal steps to keep users off the Site if we believe that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

12. Ownership: You acknowledge and agree that the Lot's Cave eBooks Site and Service are proprietary to Lot's Cave eBooks, and that the Work is proprietary to the Author; that none are proprietary to End User.

13. Termination: Either party may terminate this agreement this Agreement at any time without notice. Published Lot's Cave eBooks Authors may remove their Author page and book listings at any time. If such removal is not the result of a violation of Lot's Cave eBooks's Terms of Service (TOS), full payment of any outstanding royalties will be paid approximately 30 days following the close of that calendar month.

14. Indemnification:

14a. General: You (Author or End User) will indemnify and hold Lot's Cave eBooks and its licensees, successors, and assigns, and its and their distributors, customers, officers, directors, members, employees, and agents, harmless against any expense (including, but not limited to, reasonable attorneys' fees and disbursements) or judgment, settlement, or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by You in this Agreement.

14b: Notice of Claim: Upon receiving notice of any claim, demand, action, suit, or other legal proceeding alleging facts inconsistent with, or contrary to, any of the warranties or representations contained in paragraph 10, Lot's Cave eBooks shall have the right to withhold any sums payable to the Author in reasonable amounts as security for the payment of the Author's potential obligations, pursuant to the indemnity contained in this paragraph 13. It is intended that the right granted by this subparagraph 13b shall not be unreasonably or frivolously exercised by Lot's Cave eBooks.

15. Disclaimer of Publisher's Warranties:

15a. DRM, Piracy, and the "Trust" System: Lot's Cave eBooks is a strong proponent of Author's rights and the right of Authors and copyright owners to receive compensation for their digitally published Works. Therefore, Lot's Cave eBooks strongly discourages piracy/infringement of Author Work, and encourages customers to purchase licensed copies. However, Lot's Cave eBooks does not publish works containing digital rights management schemes that limit the customer's ability to consume Author's Work as they see fit. Further, Lot's Cave eBooks cannot completely prevent piracy/infringement of Author's Work. Realistically, even DRM'd content can be reproduced and pirated more easily than a printed book can be scanned and digitized. So when Author lists the Work on Lot's Cave eBooks, you are trusting the consumer to honor your legal copyright, and abide by the licensing terms you set.

There is a growing body of evidence indicating that DRM'd Works do not sell as well as non-DRM'd Works because good customers resent limitations, and don't appreciate being mistrusted. Non-DRM'd Works often out-sell DRM'd Works by leveraging the viral nature of uninhibited sampling and sharing, which can dramatically increase your total audience and sales opportunities. There is also evidence that by pricing your Works for less than printed equivalents, you can further decrease piracy, and increase sales volume. You understand that Lot's Cave eBooks is distributing the Works according to this so-described Trust system.

15b. Events Voiding Warranty: Lot's Cave eBooks does not warrant the (a) defects caused by failure to provide a suitable installation environment for the Product, (b) damage caused by disasters such as acts of God, wars, riots, strikes, terrorism, governmental restrictions, fire, flood, wind, and lightening, (c) damage caused by unauthorized attachments, modifications, or misconfigurations to the Lot's Cave eBooks Environment, or (e) any other abuse or misuse by Author or the End Users.

Any breach of the End User License Agreement, by or on behalf of an End User, including, without limitation, unauthorized modification or distribution of the Product or any portion thereof, will void any and all warranties.

15c. WARRANTY DISCLAIMER: All Works and the Service is provided to End Users "AS IS" and "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE SELECTION AND USE OF THE Lot's Cave eBooks SERVICE, OR ANY MODIFICATIONS THERETO, OR THE WORK, IS WITH AUTHOR AND END USERS. Lot's Cave eBooks DOES NOT WARRANT THAT THE PRODUCT OR MODIFICATIONS WILL MEET THE REQUIREMENTS OF END USERS. TO THE EXTENT THAT Lot's Cave eBooks MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

15d. LIMITATION ON DAMAGES. IN NO CASE SHALL Lot's Cave eBooks BE LIABLE TO AUTHOR OR END USERS, OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN NO CASE SHALL Lot's Cave eBooks OR ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, MISPRICINGS, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is the Author responsibility to monitor e-Book listings, and report errors to Lot's Cave eBooks, in which case Lot's Cave eBooks will, on a best-efforts basis, strive to work with the Author to correct the error. In the event that Lot's Cave eBooks is found liable for any damages, for any reason whatsoever, Author hereby expressly agrees that in no event will Lot's Cave eBooks's liability to Author exceed the amounts collected by Lot's Cave eBooks for the Author's book in question.

16. MISCELLANEOUS:

16a. Entire Agreement: This Agreement is the entire agreement between the parties concerning the subject matter hereof.

16b. Governing Law. Severability: This Agreement shall be governed by, and construed in accordance with, the substantive laws of the State of Rhode Island. If any portion of this Agreement is held invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

16c. No Agency: No agency, partnership, joint venture, or other joint relationship is created hereby.

16d. Legal Action: Venue for all purposes hereunder shall be in the State of Rhode Island, and the parties hereto hereby consent to such jurisdiction and venue. If any action or other legal proceeding relating to this Agreement, or the enforcement of any provision of this Agreement, is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs, and disbursements (in addition to any other relief to which the prevailing party may be entitled).

16e. Acknowledgement: By using the Service, you acknowledge that you have read this Agreement, understand it, and will be bound by its terms and conditions.

IN WITNESS WHEREOF, upon the date and year upon which the Author has submitted said Work for publication, the parties hereto have executed this Agreement, and Author agrees to all Terms of Service as listed herein.

Anti-Spam Policy and Enforcement

Lot's Cave eBooks does not engage in spam, nor does it share, rent, or sell the personal contact information of its Authors, members, or guests with third parties.

Lot's Cave eBooks Authors are prohibited from promoting their works via spam eMail (sure signs of spam: false "senders" or "reply to" addresses, inoperable or nonexistent unsubscribe/remove options, multiple receipts of the same e-mail, superfluous text designed to confuse spam filters, and misleading subject lines). Lot's Cave eBooks Authors who are found to be spamming will risk termination of their account and removal of their works. If you believe you have been the recipient of a spam e-mail from a Lot's Cave eBooks Author, please forward the entire eMail message, with full headers option turned on, to the admin of Lot's Cave eBooks.

Digital Millennium Copyright Act (DMCA) Notice Policy

Lot's Cave eBooks is a publisher and distributor, and does not own the works uploaded to Lot's Cave eBooks.

When Authors, or Authors' agents, upload material to Lot's Cave eBooks, they certify their agreement to this Publishing Agreement (Terms Of Service), in which they certify they are legally permitted to upload such works. Allegations of copyright violations against Lot's Cave eBooks Authors are extremely rare. Nevertheless, Lot's Cave eBooks maintains a zero-tolerance policy regarding copyright infringement, and we welcome infringed parties to notify us if they believe their material is being distributed by Lot's Cave eBooks.

If you feel that content posted on the Lot's Cave eBooks Site infringes on your copyright(s), please immediately contact Lot's Cave eBooks by sending an e-mail notice to admin providing the information described below, so that we may assist you. If Lot's Cave eBooks takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent known e-mail address. The infringing party may be held liable for damages based on material misrepresentations contained in the infringement notice. We would advise the infringed party to contact an attorney to discuss the matter prior to sending notice.

All Infringement Notices should include; (1) An electronic signature and full name, address, phone number, and e-mail address of the copyright owner, and the person authorized to act on their behalf; (2) An identification of the copyright claimed to have been infringed upon; (3) the location and nature of the content that Infringed party claims to have infringed upon its copyright, in sufficient detail to permit Lot's Cave eBooks to identify that content; (4) hyperlinks, if available, to the original Author's (the infringed party's) work to help Lot's Cave eBooks investigate and support your case; (5) and a statement by the Infringed: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner, or such owner's agent; (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and (c) a statement that you are either the copyright owner or a person authorized to act on their behalf.

Upon receipt of a written notice from a party infringed or defamed by Author's material (or someone purporting to be his agent, publisher, attorney in fact or assign), Lot's Cave eBooks may remove the Author's Work, and reserves the right to remove any and all information about the Author or the Author's Work from the Site. Lot's Cave eBooks may allow corrected or legally vetted versions of the purportedly infringing or defamatory Work to be posted again, (1) with a stipulation between the parties that they have resolved their dispute, (2) a court order, or (3) a certification by an independent attorney in whose professional opinion states that in the current version, the infringing material of which the purportedly infringed party has complained has been removed from the Work.

Privacy Policy

Lot's Cave eBooks has strict policies to protect the privacy of Lot's Cave eBooks Authors and customers. The privacy policy is clearly linked at the bottom of every Lot's Cave eBooks web site page. Click here to read the Lot's Cave eBooks Privacy Policy.

Terms Of Service

Lot's Cave eBooks has strict policies on its Terms Of Service (TOS) to all Lot's Cave eBooks Authors, customers, and site visitors. The Terms Of Service (TOS) policy is clearly linked at the bottom of every Lot's Cave eBooks web site page. Click here to read the Lot's Cave eBooks Terms Of Service.

You also agree that any and all of your use of this website shall be governed by the laws of the State of Rhode Island, if any, without regard to the conflict of law principals thereof.

You irrevocably agree that the exclusive jurisdiction and venue for resolving any disputes pertaining to this website, including but not limited to any e-Books and/or contents you obtain, shall be the Rhode Island Superior Court, or in the United States District Court located in the Rhode Island circuit. If your jurisdiction does not give full force and effect to this irrevocable forum selection provision, then you may not use this website, or purchase e-Books from Lot's Cave eBooks.

By reading any Lot's Cave eBooks e-Book, or by entering the Site, you agree to the above Terms and Conditions.

Thank you for reading. Your comments and feedback are welcome.

Lot's Cave eBooks Office Address:

Lots Cave, Inc.

6825 Leyte St

Wahiawa HI 96786 USA