Last Updated: November 1, 2016
This agreement changed on the date listed above.
See an explanation of the changes at the end of this document.
This non-exclusive Services Agreement (the "Agreement") contains the complete terms and conditions that apply to your use of the CreateSpace Services (the "Services"), described at https://www.createspace.com/specifications. As used in this Agreement, "we", "our" and "CreateSpace" means, individually:
As used in this Agreement, "you" means the person or entity accepting this Agreement. In order to use the Services you must:
We reserve the right to change the terms and conditions contained in this Agreement, other Service-specific terms and conditions, or any policies or guidelines governing the Services, including without limitation, any of the information posted on the Products and Help sections of the Site or the Content Guidelines, Submission Requirements, Pricing pages, Site Terms and Privacy Notice pages, at any time and in our sole discretion. Any changes to the Site, including Service-specific terms and conditions, or policies and guidelines referenced in this Agreement, will be effective upon posting of such revisions on the Site and without notice to you. We will, however, post a notice of any changes to this Agreement on the Site for at least thirty (30) days after the changes are effective. You are responsible for regularly reviewing the Site for changes and notice of any changes. Changes to referenced policies and guidelines or any other information in any Products, Help, or other web pages may be posted without any other notice to you. YOUR CONTINUED USE OF THE SITE AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES TO THE AGREEMENT ON THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE SITE, DO NOT CONTINUE TO USE THE SERVICES OR THE SITE.
Once you have registered as a member on the Site, you may set up distinct and separately saleable video, audio and/or written works (each, a "Title") by entering required information regarding such Titles on the Site, in connection with our Title Setup requirements. You may deliver to us Content for Titles at any time during the term of this Agreement. "Content" means all content you deliver to us relative to a Title, including your Titles, any short segments of content (each, a "Promotional Clip") (if any), all available text data relevant to a Title (for example, as applicable, the Title name, description, images and trim size of a written Title, and release date) ("Metadata"), artwork and images for each Title (together with the Metadata, the "Descriptive Materials"), and any trademarks, trade names, service marks, logos, commercial symbols and other designations contained in any of the foregoing.
For each Title you set up, you will send the applicable Content and Descriptive Materials at your own expense and in accordance with the Submission Requirements (which we may update from time to time), via electronic upload for written Titles and in hard copy physical format for video Titles (each such instance of Content, a "Source Copy"). You will at all times retain legal title to your Source Copies. However, we will not return to you any of the hard copy physical format materials you provide to us.
You agree to abide by, and all Content you provide to us under this Agreement will comply with, the payment terms, procedures, policies, and guidelines contained in the Content Guidelines and in the Products, Help and Pricing pages for use of the Products, as well as any Service-specific terms and conditions on the Site. The procedures, policies, and guidelines contained in the Products and Help pages explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the Products and Help pages to understand the current procedures and guidelines for use of the Services and to be sure that your Titles are eligible for listing via the Services.
Once you are registered on the Site, have provided us all the required information, have set up Titles and delivered Content, including any Metadata and Descriptive Materials, to us, and have paid us any applicable fees, you are eligible for our Services, which may include facilitating the distribution of your Titles (including your Content), the listing of your Titles on the CreateSpace E-Stores, Amazon Properties and other sales channels, the creation of Packaging Materials, the printing or manufacture of Units (as defined in Section 4.2 below) and the fulfillment of Unit orders, in each case on your behalf. Capitalized terms in this Agreement have the following meanings:
“Amazon Properties” means (i) the Amazon Site and any “mirrored” version of the Amazon Site which substantially replicates the Amazon Site or a portion thereof, (ii) any site with a web page widget, any site with any other web page real estate, any application for use on mobile devices, or other online point of presence, which in each case is branded or co-branded “Amazon” and allows for the discovery and purchase of products from Amazon or its affiliates, (iii) any other web site or online point of presence on any platform through which Amazon.com Inc. or its affiliates make products or services available for discovery and (iv) any other online point of presence or web site that you approve for treatment as an Amazon Property at our request, such approval not to be unreasonably withheld.
“Amazon Site” means the web site whose primary home page is identified by the URL www.amazon.com (and any successor or replacement web site), websites operated by us or our affiliates primarily targeted at customers outside the US, and any other web sites maintained by or for us or our affiliates.
“Book” is a Unit in the form of a physical book.
A "CreateSpace E-Store" is one or more e-commerce-enabled web page(s) hosted by us that is customizable by you to create an individualized web storefront for the sale of your Titles.
"Packaging Materials" are, as applicable, the disc cover inserts, printed disc face, book covers, and any other physical material that accompanies a product.
3.2. Ordering Your Own Titles. You may order copies of your own Title from us, and if you do so, we will ship the Units to the address specified by you. Title to such Units will pass to you when we place the Units with the carrier for shipment.
3.3. Ancillary Services. We offer certain ancillary Services, which are described on the Site. Some of our ancillary Services may have additional terms and conditions that apply only to those Services. Using Services that have additional terms and conditions constitutes your agreement to those terms and conditions. We reserve the right to discontinue or alter the terms of these Services at any time.
We may, in our sole discretion, at any time, and without notice to you (a) reject Content; or (b) remove, or refuse to list or distribute any Content on or from any CreateSpace E-Store, Amazon Property or other sales channel. You will remain liable for all fees and other amounts that you may owe under this Agreement in connection with any Title or Content we remove because of a violation of this Agreement or our Content Guidelines. You may withdraw your Title from the Services at any time, but we will have 30 days from the date of a Title's withdrawal (or termination of this Agreement) to remove all applicable Content. However, we may fulfill any Customer orders pending as of the date we remove such Title from the Services. If we request that you provide additional information relating to your Content, such as information confirming that you have all rights required to permit our distribution of the Content, you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the Content and the accuracy of the information or documentation you provide to us with respect to those rights.
We or our affiliate will be the seller of record for each physical product of your Title (each, a "Unit") to a customer (each, a "Customer") we or our affiliate sells through any CreateSpace E-Store, Amazon Property or other sales channel. To the extent permissible under applicable local laws, we have sole and complete discretion to set the retail price at which your Titles are sold on the Amazon Properties. You will provide a List Price for each Title in the applicable currency of each Amazon Property through which you elect to distribute your Title, which will be at or below the suggested retail price at which you list such title in physical form in that currency through any distribution method. For the purpose of this Agreement, "List Price" means the suggested retail price that you submit to us per individual Title, which we will use to calculate the retail price of the Title on each Amazon Property subject to applicable local laws. Please note that you may update the List Price for your Titles in each currency at any time in accordance with the Submission Requirements, but it may take as long as 30 days for the list price on the Amazon Properties to be updated.
We will determine how to handle Customer returns of Units, which may include, without limitation (a) in the case of physical Units, placing the returned copy of the Unit into inventory and reselling it to another Customer, in which case we will have no obligation to pay you any Content License Royalty for the resale of such Unit (because we paid, or will pay, you for the original sale of such Unit); or (b) destroying the Unit and calculating amounts due to you net of the Content License Royalty we previously paid for the destroyed return. We reserve the right to prohibit returns under any circumstances. If a Unit is returned and we have already paid you a Content License Royalty on the returned Unit, we may offset the amount of the Content License Royalty we previously paid you for that returned Unit against future Content License Royalty, or require you to remit to us the amount of the Content License Royalty we paid to you for the returned Unit. If, after a period of time, you have not taken advantage of Services you have purchased, we may, in our sole discretion, refund your payment for those Services.
You will pay us all applicable fees, as specified in our Price List.
For any Unit sold to a Customer, we will pay you the applicable Content License Royalty based on the List Price of the Unit: (a) within 31 days after the end of the month in which the Unit sold for physical Units sold through the CreateSpace E-Stores and the Amazon Properties; and (b) within 60 days after the end of the month in which the Unit is sold for physical Units sold through Expanded Distribution. The Content License Royalty will be calculated based on the List Price of the Unit in the location where we manufacture that Unit (e.g., GBP for the UK) and payments will be made to you in that currency (the "Manufactured Currency").
All payments will be made via check, draft, direct deposit, electronic transfer or other method we designate in the Program Policies. We will make all payments in the Manufactured Currency unless you choose to receive payment in an alternative payment currency. A list of available payment currencies is provided in the Program Policies. If you change your payment currency using the options in the Program Policies, the change will be effective on the first day of the calendar month following the calendar month in which you make the change (unless we make an earlier period available). If we pay you in a currency other than the Manufactured Currency, the final amount remitted to you will be inclusive of all fees and charges for facilitating payment to you in your selected currency. Additionally, if we pay you in the Manufactured Currency, we may charge you an additional fee if you elect to receive payment by check or draft when electronic transfer is available in the country where your bank account is maintained. If we pay you by check or draft, we may accrue and withhold payments until the total amount due meets a minimum payment threshold. Please see the Program Policies for details on supported currencies and methods. If you have amounts payable hereunder upon the termination of this Agreement, then we may set off such amounts against any payment then payable to you, or you will immediately pay any such amounts. For purposes of calculating your Content License Royalty, a sale of a Unit will be deemed to have taken place at the time that we or our affiliate manufactures a physical Unit on demand.
If we reasonably conclude based on information available to us that your actions and/or performance in connection with this Agreement may result in disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this Agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any of your actions and/or performance in connection with this Agreement. Additionally, if a third party asserts that you did not have all rights required to make your Content available using our Services we may hold all Content License Royalty due to you until we reasonably determine the validity of the third party claim. If we determine that you did not have all of those rights or that you have otherwise breached your representations and warranties or our Content Guidelines with regard to your Content, we will not owe you a Content License Royalty for that Content and we may offset any Content License Royalty that were previously paid against any future Content License Royalty, or require you to remit them to us. If we terminate this Agreement because you have breached your representations and warranties or our Content Guidelines, you forfeit any Content License Royalty not yet paid to you. If after we have terminated your account you open a new account without our express permission, we will not owe you any Content License Royalty through the new account. We will not be liable to you if we act in accordance with the provisions of this Section.
All statements and other accountings will be conclusive, final and binding, unless you give us written notice stating the specific basis for objection within one year after the date the payment was rendered. You will not maintain any action or proceeding against us or our affiliates in respect of any disputed statement unless you commence that action or suit against us within 6 months following the date that you provide us with the written notice referred to in the immediately preceding sentence.
We will be entitled to an adjustment to payments made to you for any amounts ultimately not collected because of fraudulent credit card use or bad debt, in an amount equal to the payment otherwise payable to you in connection with such purchase.
For the purposes of this paragraph, the term "Transaction Taxes" means sales/use, value added, or transaction taxes and other charges such as duties, customs and government imposed surcharges. You will be responsible for determining taxes you owe on payments you receive under this Agreement. To the extent payments to you are subject to any Transaction Taxes, (a) payment includes all applicable Transaction Taxes, and (b) you will supply us with a valid tax invoice separately stating such Transaction Taxes if required by law. In return, we will provide you with any applicable exemption certificate acceptable to the relevant taxing authority that we possess, in which case you will not collect the Transaction Taxes covered by such certificate. If any other taxes (for example, international withholding taxes) are required to be withheld on any payment, we will deduct such taxes from the amount otherwise owed and pay them to the appropriate taxing authority.
All fees payable by you to us pursuant to this Agreement exclude Transaction Taxes. In addition to amounts owed by you pursuant to this Agreement, you will pay us any Transaction Taxes we are required to collect on such fees. If we charge you Transaction Taxes, you may provide us with a valid exemption certificate acceptable to the relevant taxing authority, in which case we will not collect the Transaction Taxes covered by such certificate. All fees payable by you to us under this Agreement will be made without setoff and without deduction or withholding for, or on account of, any present or future tax.
Subject to your retained control and ownership of your Content as described in Section 6.4, in order to enable us to provide you with the Services on your behalf, you grant to us a nonexclusive license, during the term of this Agreement, to (a) create digital versions of Content you provide in nondigital format; (b) create a digitized version of the Content that we will use to create a Unit (each, a "Source File"); (c) with respect to Books, print, distribute and sell your Book through the CreateSpace E-stores, the Amazon Properties and other sales channels, (d) reformat, reproduce, and distribute your Content through the CreateSpace E-Stores, the Amazon Properties, and other sales channels in digital form on physical media, (e) distribute, display, transmit, perform and use the Promotional Clips (if any) and the Descriptive Materials for promotional purposes; and (f) create Packaging Materials from the Descriptive Materials.
We may broadly integrate the Descriptive Materials into the Amazon Properties, and they may appear in several places on the Amazon Properties. By way of example and not limitation, the Descriptive Materials may appear on product detail pages, in search results, in customer browsing and buying history, and in routine, automated and community-driven merchandising features such as recommendations and "Listmania." Our use of the Descriptive Materials may become integral to the Amazon Properties throughout the term of this Agreement and will continue beyond the term of this Agreement even though we will no longer produce or sell new Units after the term of this Agreement. Therefore, notwithstanding anything to the contrary herein, for Descriptive Materials and Promotional Clips, the license you grant us in Section 6.1(e) will be perpetual and royalty-free. For preprinted inventory of your Units, we may distribute and sell your Units through the Amazon Properties and other channels until we have sold all Units that we created during the term of this Agreement.
For video and audio Titles, we may use text from the Content, including creating or using closed caption text or transcripts, as the basis for returning search results to visitors to the Amazon Site and to display excerpts of such text to illustrate the relevance of the search result. You will deliver closed captions and subtitles in accordance with our Content Guidelines to the extent available, but in any case to the extent required by applicable law. Amazon may create, insert and distribute closed captions and subtitles for the Content.
You agree that we and our affiliates may include your written Titles in the Search Inside!™ program, which enables visitors to view, search, and "page browse" through your written Titles. Accordingly, for each of your written Titles you hereby grant us permission, on a nonexclusive, perpetual basis, to (x) reproduce and store the entirety of each Title in digital form on one or more computer facilities of or under the control of us or our affiliates or our independent contractors; (y) extract factual information from your written Titles, such as character names, statistically improbable phrases and capitalized phrases, and display such information to visitors to any Amazon Property; and (z) to display portions of each Title on the Amazon Properties so that a user will be able to (i) use queries to locate, select and display excerpts that include the search terms for every occurrence of the search terms; and (ii) view a limited number of pages within a Title during any single session.
You further grant us permission to cause such transmission, reproduction and other use of the Content as mere technological incidents to and for the limited purpose of technically enabling the rights licensed to us under this Agreement (including, but not limited to, caching to enable display and transfer and encoding supplemental copies of Titles in alternate formats). So long as we pay you the applicable Content License Royalty upon the manufacture of your Book, we may print a reasonable number of copies of any Book to hold in our inventory. We may destroy inventory at any time without obligation to you.
You grant us the rights set forth in this Section 6.1 on a worldwide basis; however, if we make available to you a procedure for indicating that you do not have worldwide distribution rights to a Title, then the territory for the sale of that Title will be those territories for which you indicate, through the procedure we provide to you, that you have distribution rights.
Subject to the licenses set forth in this Section 6 and the following sentence, and as between the parties, you retain all right, title and interest in and to the Content, including all patent, copyright, trademark, service mark, mask work, moral right, trade secret or other intellectual property or proprietary right (collectively, "Intellectual Property Rights") therein. Subject to your underlying rights in the Content, as between the parties, we will own all right, title and interest in and to the templates and other materials created, provided or used by us in our performance under this Agreement (including Source Files and Packaging Materials), including all Intellectual Property Rights therein.
We may agree to provide you a file containing an image of the cover of your Title (“Cover Image”). Contingent upon your receipt of such Cover Image, we hereby grant you, during the term of this Agreement, a worldwide, royalty-free right to use the Cover Image for any lawful purpose related to promoting your Title.
Any feedback, ideas, modifications, suggestions, improvements and the like made by you with respect to the Services, the Site, anything on the Site (including current or future features), or any beta program we are running ("Feedback") will be our property. You agree to assign, and hereby assign, all right, title and interest worldwide in the Feedback and the related Intellectual Property Rights to us and agree to assist us, at our expense, in perfecting and enforcing such rights. We may disclose or use Feedback for any purposes whatsoever without any obligation (including any financial obligation) to you. In addition, if you are participating in a beta program, you agree to provide us with any reports we request and to promptly respond to any and all reasonable inquiries, questionnaires, surveys and other test documents we submit to you.
You acknowledge that we are not the publisher of your Titles (including your Content). You represent and warrant that you will be the publisher of your Titles (including your Content) and, in any case, that you will bear the full and ultimate responsibility for the publication and general distribution of your Titles (including your Content). You further represent and warrant that (a) you will comply with all laws, rules, regulations and orders of any governmental authority having jurisdiction over your performance hereunder as applicable in each country (including any local legal requirements with respect to your publication of your Titles, such as making any necessary notifications and filings of copies of your Titles); (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder; (c) prior to your delivery of Content to us you have or have obtained all rights, clearances and permissions to grant the licenses you grant hereunder that are necessary for us to exercise the rights you grant under this Agreement without any further payment obligation by us, including all necessary music publishing and public performance rights in the Content and the Promotional Clips; (d) you are granting us the rights, licenses and authorizations you grant hereunder free and clear of any encumbrances, and this Agreement does not violate or conflict with any other arrangements, understandings or agreements between you and any third party; (e) the Content (and our use thereof) is not defamatory, libelous, obscene, or otherwise illegal, does not invade any right of privacy, and does not infringe upon any Intellectual Property Right or right of publicity of any person or entity, and any recipe, formula, or instruction contained in the Content is accurate and is not injurious to the user; (f) the Content complies with all aspects of the Content Guidelines, as such may be updated from time to time; and (g) you are and will be solely responsible for accounting and paying any co-owners or co-administrators of any Content any royalties with respect to the uses of the Content permitted hereunder and their respective shares, if any, of any monies payable hereunder. You will pay (x) all royalties and other income due to copyright owners, record royalty participants and under any applicable collective bargaining agreements relating to the Titles, and (y) all royalties and other income due to authors, copyright owners or administrators and/or other royalty participants in any musical compositions embodied in the Titles.
You will indemnify, defend and hold us and our affiliates (and the respective employees, directors, members, managers and representatives of each) and any operator of an Amazon Property harmless from and against any and all claims, judgments, damages and expenses (including without limitation reasonable attorneys' fees) (collectively, "Claims") arising out of any breach or alleged breach by you of the terms of this Agreement, including without limitation the terms contained within the Products and Help pages and the Content Guidelines and Privacy Notice, which are incorporated herein by reference.
You will not do anything to intentionally prejudice the rights granted hereunder, but in the event that you lose any rights or other licenses, consents or permissions relating to a specific Title that are necessary for you to grant the rights you grant to us hereunder, or you receive notice of a third-party claim relating to a Title which you reasonably deem to be of concern, you will immediately remove such Title from our Services. Notwithstanding the foregoing, you will use commercially reasonable efforts to maintain the rights to the Content that you provide to us under this Agreement. Without limiting our rights or remedies under this Agreement, you will reimburse us for any refunds we make to Customers as a result of the withdrawal of a Title under this Section. For the avoidance of doubt, nothing in this Section 8.2 is intended to relieve you of your indemnification obligation regarding Claims set forth in Section 8.1 above.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT; (B) THAT THE SERVICES, THE SITE, OR THE AMAZON PROPERTIES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL SUCH WARRANTIES. WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE AMAZON PROPERTIES, ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
This Agreement will remain in effect until terminated in accordance with this Section. You may terminate this Agreement at any time by giving notice to us, and we may terminate this Agreement at any time by sending you an e-mail notice at the e-mail address associated with your account. Our notice of such termination will be effective at the time we send you the notice. Upon termination, you will pay us whatever fees were incurred prior to the date of the termination. Also upon termination: (a) we may fulfill any Customer orders pending as of the date of termination; and (b) we may continue to maintain digital copies of your Content in order to provide "refresh" copies or otherwise support customers who have purchased or rented a Title via Amazon Instant Video prior to termination. Upon termination, we may set off against any payments to be made to you, an amount determined by us to be adequate to cover any disputes, chargebacks and refunds from your account for a prospective three-month period. At the end of such three-month period following termination, we will refund any amount not used to offset chargebacks and refunds to you, or seek reimbursement from you via any of the means authorized in Section 5.1 above for any additional amount required to offset chargebacks and refunds, as applicable.
The following Sections will survive termination of this Agreement: 4.1, 4.3, 5, 6 (except subsections 6.1(a)-(d) and (f)), 8.1, 9, 10, 14, 15, and 16. In addition, all rights to Units acquired by Customers will survive termination.
Your password for the Site may be used only to access the Site, use the Services, electronically set up your Titles, and review any reports, records, or other features we make available to you. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you will change your password. You must ensure that all information you provide in connection with establishing your account, such as your name, address and email, is accurate when you provided it, and you must keep it up to date as long as you use the Services. You may maintain only one account at a time. If we terminate your account, you will not establish a new account. You will not use false identities or impersonate any other person or use a username or password you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify account information you provide. You also consent to us sending you emails relating to the Program and other publishing opportunities from time to time. This takes precedence over any directions you may have given us, including through any Amazon or Amazon affiliate web site.
Please read the www.createspace.com privacy notice (the "Privacy Notice"), which is incorporated herein by reference. The Privacy Notice may be changed by us in the future. You should check the Privacy Notice frequently for changes. Unless otherwise authorized or consented, you agree not to use any information regarding other participants of the Program that is accessible from the Site or the Amazon Site or Amazon affiliate web site or disclosed to you by us or our affiliates. By way of example and not limitation, you agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct. We and our affiliates may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the Site or by any other means.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would reasonably contradict anything in this Section or Agreement.
For the avoidance of doubt, we do not hereby grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names (collectively, the "CreateSpace IP"). Additionally, you may not in any way use any CreateSpace IP, including without limitation for the purpose of issuing any press release or other activity that may be considered promotional or marketing related.
Any dispute or claim relating in any way to this Agreement, your visit to CreateSpace.com or our Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879 (in the United States). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States county where you live or at another mutually agreed location. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You or we may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies. You may bring any such suit for injunctive remedies only in the courts of the State of Washington, USA. The United States Federal Arbitration Act, applicable United States federal law, and the laws of the state of Washington, USA, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us relating to this Agreement or the Services.
Any Amazon affiliate may join as a party to this Agreement and will notify you if it does. The joining Amazon affiliate will be entitled to exercise the rights you grant under this Agreement. Each Amazon party is severally liable for its own obligations under this Agreement and is not jointly liable for the obligations of other Amazon parties. You consent to the use of electronic means to complete this Agreement and to provide you with any notices we give you in relation to this Agreement. To be effective, any notice given by a party under this Agreement must be in writing and (i) if by an Amazon party, delivered via email, via a posting on the CreateSpace website or via a message through your account, or (ii) if by you to On-Demand Publishing LLC, delivered via email to email@example.com with a copy to firstname.lastname@example.org, and if delivered by you to Amazon Media EU S.à r.l., via mail or overnight carrier to Amazon Media EU S.à r.l., 5 Rue Plaetis, L-2338, Luxembourg. Notices will be effective and deemed received on the date transmitted or posted. We may sublicense the rights granted to us hereunder to our affiliates or to any third party designated or engaged by us and acting on our behalf for purposes of fulfilling our obligations or exercising our rights under this Agreement; provided, however, that we will remain ultimately liable for our compliance with this Agreement. You may not assign any of your rights or obligations under this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to subsequently enforce the provision. Any waivers granted hereunder are effective only if recorded in a writing signed by the party granting such waiver. If any provision of this Agreement is determined by any court or governmental authority to be unenforceable, the parties intend that this Agreement be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable. The rights and remedies of the parties under this Agreement are cumulative, and either party may enforce any of its rights or remedies under this Agreement or other rights and remedies available to it at law or in equity. Nothing in this Agreement will act to restrict or otherwise limit any rights we may have in connection with the Content, or portions thereof, as provided under applicable law and any other permission from you. We will not be liable or otherwise responsible to you or any third party for any delay, default, or failure of performance arising out of any reasonably unforeseeable act, matter, cause, contingency or circumstance beyond our reasonable control, including, without limitation, any acts of God, third party acts or governmental action.
Explanation of Changes:
Removed references to Amazon Instant Video.