- 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
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 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
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.
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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.
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