The present Terms of service regulates your use of the Amilova.com's website as a user and as an Author publishing Content. Please read the contract detailed below. In case of non acceptance of any part of the present document, you will not be allowed to use the Amilova.com's website. The services described in this terms of service are provided by Phoenix Media LTD.
Amilova.com is a distribution and publishing platform of graphic art (comics and graphic illustration). Amilova.com is available on internet and whatever means or system of communication (mobile, 3G, Internet, tablet, laptop, computers ...).
Amilova.com services are only available to individuals. Otherwise, the user will not be allowed to access and use the website and its services.
The use of the present website is subordinate to a contract between you and Amilova.com. Your use of this website constitutes acceptance of the terms and conditions specified in the contract. You acknowledge and agree that Amilova.com interpret your use as acceptance of the present terms of service.
The release of all services provided by Amilova.com is subject to the conditions detailed in Article 4.
You acknowledge and agree that Amilova.com website can cease to give access to the website and services any time, at its own discretion and without notice.
You agree to be solely responsible for any breach and its consequences to the terms and conditions of the Contract. Also, you release Amilova.com from any responsibility for your actions and any violation of the law or third party rights that you can do while using the website..
Users of the website are defined as:
Unregistered user is called "Visitor". He/she can have access to all the free section of the website.
Registered user is called "Member". He/she can have access to all the free section and the section reserved to the Member.
A registered user subscribring to a membership is called "Premium Member". He/she can have access to all the paid section of the website.
A registered user who has the access to upload and publish Content is called an "Author". He/she has the same right and access as a Visitor and a Member but he/she has also an exclusive access to the publishing tools.
An Author who meets all the requirement may be upgraded to "Pro Author". Pro Author is the only user level who can participate to the revenue sharing program.
Amilova.com has the right to modify services and Content provided to Visitor and Member without prior notice.
After his/her registration, a Member can submit his/her Content to be hosted, published and shared on the Website and may, under certain conditions of eligibility, participate to the revenue sharing program with the Amilova Score.
Amilova.com's administrators are the only ones able to choose which member can become Author. Refusal or approval of any Content will not be motivated or justified. Rejected Content may be resubmitted.
Once a Member is promoted to Author, he/she can upload and publish online as much Content as he/she wants. After the initial validation of the account, Amilova.com can not be held responsible for the content provided by third parties. The website reserves the right to decide whether Content complies with the conditions specified in this Agreement and may remove or delete, without notice and in its sole discretion, any Content that violates these conditions and to close the Author account which has submitted this Content.
As Author and Pro Auhor, you keep all the copyrights and your intellectual property on your Content. However, in order to allow the promotion of your Content on Amilova.com platform, you are granting a non-exclusive, transferable, worldwide and for free of charge to use, reproduce, distribute, perform and run the Content that you've submitted.
As Author and Pro Auhor, you also agree that each user on Amilova.com can access your content, and that user can share and use your Content as allowed through the functionality of the website and the website only. These rights stop when you remove or delete your Content from the website.
In the event of prohibited Content published online, Amilova.com reserves the right to remove this Content and delete the Author's account without prior notice.
Members can purchase a membership to access all the Content available on the Website. The monthly or annual membership is automatically renewed tacitly. The renewal of subscriptions is the anniversary date following the calendar.
Memberships provide access to Content and services exclusively reserved to Premium Members.
Amilova.com assigns a score to Content called Amilova Score. This ranking allows the website to classify and order the content according criteria of popularity, following people, frequency of updates and quality. The algorithm defining this Amilova Score is kept secret to prevent any attempt of fraud or cheating.
Pro Authors are selected by Amilova's administrators. Once they are active as Pro Authors, they are participating in the revenue sharing program. The income on the whole website is monthly shared between the Pro Authors according their Amilova Score.
A Pro Author has access to his/her income statistics updated every 24 hours. At the end of the month, the account balance is calculated. If the balance exceeds € 100 (one hundred euros), Pro Author may request payment on his/her Paypal Account. To receive a wire transfer on his/her bank account, the minimal sum has to be more than 150€ (one hundred and fifty euro).
Payments could be made by wire transfer to a Paypal account (without any fee), or by bank transfer (fees paid by the Pro Author). As long as the Pro Author is not providing his/her Paypal or Bank account information, no payment will be done.
It is possible to request the account balance once a year without payment limit. From 01st to 30th of November each year, members wishing to receive the balance of their account should send a private message by clicking here. Payments will be made only by transfer between Paypal account within 30 (thirty) days of receipt of the private message.
In case of fraud on the Content (eg: to publish stolen Content or to cheat the Amilova Score) Amilova.com reserves the right to demand a refund of all or part of the money paid to the Pro Author.
The author selling an Ebook will earn 60% of the net price (without VAT and payment fee). This money will be credited on his/her Amilova's account and visible on the "Gains" page (link)
If the customer who is buying an eBook has created his/her account throught the author's affiliate link, the author will cumulate the % from the eBook sale : 60% + 25% from the affiliate program.
The payment of the earning from eBooks sales with follow the same as defined on the art.8
To the extent required by applicable law or regulation, the Administrators and the company shall not be liable for any damages, including without limitation, for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or any event connect to a third party site, even if the company has been advised of the possibility of such damages. In particular, the Administrators and the company shall not be liable for the pirating of all or part of the Site and the damage that piracy would entail for a User or any third party.
Amilova.com is not responsible for the content submitted by users and can not be held responsible:However, Amilova.com agrees to seek a solution to these problems as quickly as possible. In case of dispute, the jurisdiction for Amilova.com website is the court of Sofia, Bulgaria.
Authors and Pro Authors have the possibility to self-publish and sell their Content on the website in e-book format (pdf, and soon epub and mobi). Authors have to upload the whole book, choose a pricing and promote their e-book.
Amilova.com provides publication tools and method of payment. A percentage of the net sale price (excluding VAT and fees operator) will be paid to the Author or Pro Author.
Content published online by Pro Authors will be separated into two categories: Free Content and the Premium Content. The free content will be accessible to all users without distinction as defined in Article 4. Premium content is reserved to Premium Members who have paid for this access.
This means that the Pro Authors do not have the right to distribute premium Content in any digital format (image, video, application ...) on any other website than Amilova.com. In case of publication and/or distribution by Pro Author of any part of his/her premium Content elsewhere than Amilova.com will be interpreted as a breach of this contract, which may result in account termination under the conditions set out in point 12.4 of this Agreement.
Free content can be published and distributed to any other website in order to promote the Pro Author Contents.
13.1 This contract is of an indefinite duration. Amilova.com has the right to modify this contract at any time. An annex to this contract will be submitted for approval to Premium Members, Authors and Pro Authors.
For Visitors and Members, any amendment to this contract will not require any explicit agreement, the use of the site implies to accept the new terms.
13.2An author can request the termination of his/her account and deletion of his/her Content. In this case, the contract will be terminated de facto.
13.3 A Pro Author participating in revenue sharing can ask to have his/her account being inactive which will result in suspension of his/her participation in revenue sharing. However, he/she concedes to Amilova.com a non-exclusive right of digital exploitation and distribution of his/her Content for the duration of twelve (12) months following the last update of this Content. This is to ensure continuity of service to Members who paid a premium subscription to access content Pro Authors. At the end of 12 months, the exploitation rights and digital broadcasting are automatically renewed every month until the Author Pro write to Amilova.com administrators an explicit request to withdraw his/her Content.
In case of an inactive Pro Author account, the earnings due and not required after a period of 24 (twenty four) months following the suspension of the account will not be paid and can not be claimed. Payments from an inactive account Pro Author are still dependent on the requirements specified in Article 8.
13.4In case of account termination due to a breach of the rules set out in this Agreement, the earnings due and not requested will not be paid and can not be claimed.
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