On our own website we publish new and known artists and authors. We can provide your work with a receptive and responsive audience. Let us show you how to get published at minimum cost and risk in the hottest medium with multimedia and interactive capabilities. We firmly believe this is the future of publishing and you can reach a wider and more targeted market with our methods. We also act as agent to help you break into traditional (hard copy) publishing.
We feel that we've proven that Hip Internet Publishing is here for the authors. We have no desire to exploit any author or their work. We don't ask for exclusive rights or future rights or anything like that.
Our lawyers have advised us that unless we have the authors electronically accept a contract we are leaving ourselves open for a lawsuit. If this were to happen, all of our hard work would be jeopardized. We of course don't want this to happen, so please review the contract and submit it as accepted or declined. You must accept the contract before you will be allowed to enter your work onto the Hip Publishing site. If you have specific questions about the contract, please don't hesitate to email us at publishing@hipplanet.com.
Thank you we look forward to many future endeavors together.
Please print out, sign and mail the agreement below to:
Hip Inc.
P.O. Box 2993
Silver City, NM 88062
HIP ELECTRONIC PUBLISHING SUBMISSION AGREEMENT
This agreement describes the legal relationship between you (the individual author) and Hip, Inc. (a corporation doing business as Hip Inc. and referred to in this agreement as "we" or "us"]. Please read it very carefully. By clicking on the "I AGREE" button below, you indicate that you agree to be bound by all of the terms and conditions of this agreement. Further, by submitting any original work to us, you indicate that you agree to be bound by this agreement. Legal terms including your right to terminate this agreement and all licenses granted to us at any time, are described in Part II.
If you provide us with your original works and/or other material (such as pictures, images, etc.) for use as part of our E-Publishing Program (collectively " E-Publishing Program Material"], the following terms apply:
1. E-Publishing Program License Grant. You hereby grant to us, and by
the act of delivering E-Publishing Program Material to us grant to us,
a nonexclusive, worldwide, royalty-free license to: (a) reproduce, distribute,
publicly display and digitally render the E-Publishing Program Material
in whole or in part (including the right to create compilations which include
your work); (b) create and use samples of the E-Publishing Program Material
solely for the purpose of demonstrating or promoting our or your products
or services; (c) use any trademarks, service marks or trade names incorporated
in the E-Publishing Program Material in connection with your material;
and (d) use the name and likeness of any individuals represented in the
E-Publishing Program Material only in connection with your material.
2. Payments. After consultation with us, You will set the price of your work. We will pay you 50% of the Net Revenue we receive from online sales of your work. "Net Revenue" means the gross revenues we actually receive from such sales, less only sales, use, value added, or similar taxes. We will determine the amount owed to you on a quarterly basis. Within 60 days of the close of each quarter in which we have sold any of your work, we will send you a detailed accounting statement and a check payable in U.S. Dollars in the appropriate amount, except if the amount we owe you is less than $50.00 then we will hold the money until either (i) the total cumulative amount we owe you at the end of any particular quarter is greater than $50.00, or (ii) this agreement terminates. We agree to keep accurate books and records covering all transactions related to this agreement. During the one year period following your receipt of an accounting statement you may, at your expense and upon reasonable notice, inspect our records related to that statement at our offices or at a location specified by us, provided that your inspection must not unreasonably interfere with our business. If your inspection reveals that we have underpaid you we will promptly correct the deficiency, plus 10% interest.
Part II: General Terms
The following terms apply only to both the E-Publishing Program:
1. Ownership. You retain ownership of the copyrights and all other rights in your work, subject to the non-exclusive rights granted to us under this agreement. You are free to grant similar rights to others during and after the term of this agreement.
2. Termination. You may terminate this agreement at any time by so notifying us; the agreement will terminate upon our actual receipt of such notice. We may terminate this agreement at any time by so notifying you; the agreement will terminate upon your actual receipt of such notice or three days after we have sent a notice of termination to the e-mail address which you supply to us below. Upon termination, all of our license rights terminate, except that we retain those rights necessary for us to sell any books or other tangible goods which we have produced prior to the date of termination which incorporate any of your Material (as defined in section 3 below). Our obligation to pay you amounts due to you under this agreement survives termination. Also, sections 3 and 6 below survive termination.
3. Representations and Warranties. The term "Material" means all material that you submit to us, including E-Publishing Program Material, and Collateral Material, as applicable. You represent and warrant that (a) the Material is your or your own original work, and contains no other material copyrighted by others, (b) you have full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement, (c) the Material does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights (d) the Material does not and will not violate any law, statute, ordinance or regulation; (e) the Material is not and will not be defamatory, trade libelous, pornographic or obscene, (f) the Material does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data, (g) all factual assertions that you have made and will make to us are true and complete. You agree to indemnify and hold us and our customers harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement.
4. Determining Type of Content. We will implement and maintain business practices which enable us to accurately categorize content that you deliver to us. If we make an error in good faith, however (for example, if we erroneously categorize a work as a short story when in fact you intended it to be a novel, and consequently exceed our license rights, your sole and exclusive remedy will be for us to take all reasonable steps to promptly correct the error as soon as we become aware of the error.
5. Disclaimer. We provide our products and services related to this agreement "AS IS" without warranty of any kind.
6. Waiver of Certain Damages. EXCEPT FOR A BREACH OF SECTION 3 OF PART II, NEITHER YOU OR US WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT.
7. Miscellaneous. This agreement will be governed by Wyoming law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or Federal court located in Wyoming, and we both irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings). This agreement sets forth the entire understanding and agreement of the parties as to this agreement's subject matter and supersedes all prior proposals, discussions or agreements with respect to such subject matter. It may be changed only by a writing signed by both parties (e-mail headers and/or plain text signatures on e-mail messages shall be deemed signatures).
The address and phone info below will not be given out to anyone. It's only for our internal records.
AUTHOR: ________________________________
ADDRESS: _______________________________
_________________________________________
_________________________________________
PHONE: _________________________________
E-MAIL: _________________________________
DESCRIPTION OF MATERIAL BEING SUBMITTED TO HIP INC: ______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
I CERTIFY I AM OVER 18 YEARS OF AGE, OR I AM ACTING ON BEHALF OF THE FOLLOWING PERSON (IF APPLICABLE): ___________________________________________________________
I HAVE READ AND AGREE TO BE BOUND BY THE HIP ELECTRONIC PUBLISHING SUBMISSION AGREEMENT:
Signed: ___________________________________________
Date: _____________________________