Terms of Use

By signing up for a Tomely account, purchasing an ebook from Tomely, or visiting or browsing the Tomely site at www.tomely.com, you agree to be bound by the following terms of use:

  • You must provide a verifiable email address to hold a Tomely account
  • You must own the PayPal account you link to your Tomely account
  • Automated account signup mechanisms are not permitted
  • You must own the copyright to all ebook files you upload to Tomely
  • Interacting with this service in a way that Tomely considers malicious will result in immediate account suspension

Copyright infringement

Removal of infringing or defamatory work

The Author/Publisher must control all rights to everything they upload to Tomely. In addition to owning the copyright to the written work, the Author/Publisher must own the rights to cover images, as well as any fonts or other files packaged within the uploaded ebook file.

Tomely will take immediate action upon notice from anyone claiming to be an infringed party. Upon receipt of a written notice from a party infringed or defamed by an Author/Publisher's material, Tomely will remove the Author/Publisher's Work and reserves the right to immediately suspend the Author/Publisher's Tomely account.

Infringement by others upon Author/Publisher's work

Tomely cannot be held responsible for a third party violating the Author/Publisher's copyright or illegally distributing a Tomely-published ebook. It is the Author/Publisher's responsibility to seek relief from offending parties.

Fees and Payments

Fees and Payments: Authors/Publishers

Tomely makes use of PayPal to process payments to Authors/Publishers. As such, the Author/Publisher is bound by PayPal's existing Terms of Use. Tomely acts as a conduit for immediate payment and does not collect or hold payments on the Author/Publisher's behalf. As such, Tomely cannot be held responsible or liable for any bad debts (such as credit card returns or fraud), PayPal fees, credit card transaction fees, disputed payments or refunds.

Tomely is entitled to a share of the revenue the Author/Publisher receives from transactions. As of June 9, 2013, Tomely collects 20% of the gross revenue from all Author/Publisher transactions. Tomely reserves the rights to change this rate at any time.

Fees and Payments: Readers/Buyers

Tomely makes use of PayPal to process payments. As such, the Reader/Buyers is bound by PayPal's existing Terms of Use. All inquiries regarding transactions will be directed to the relevant Author/Publisher for resolution. As Tomely acts as a conduit for immediate payment to Authors/Publishers, but does not collect or hold payments on the Author/Publisher's behalf, Tomely is not responsible for refunds for transactions. The revenue share paid to Tomely as part of each transaction covers file hosting costs and is non-refundable.

Limitation of liability

If a dispute arises between an Author/Publisher and Reader/Buyer, the Author/Publisher and Reader/Buyer release Tomely (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Warranty disclaimer

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

The Service is provided "as is" and "as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Company, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.