Wednesday, December 23, 2009
NO SURPRISE: The Outskirts Press contract avoids responsibility for errors and has a stupid typo.
BIG SURPRISE: authors might loan Outskirts money for six months, interest-free!
Author receives 100% of the royalties profit for each wholesale print copy sold for which Outskirts Press receives payment. [If you work your ass off promoting your book, and pay Outskirts to promote your book, but Outskirts sells copies of your book and doesn't get paid, you don't get paid.]
Royalties are paid to Author within 90 days following the end of the calendar quarter in which Wholesale Book Sales occurred [If a book is sold on January 1, Outskirts doesn't have to pay you your royalties until 90 days starting on April 1 (i.e., the end of June -- six months later!).
The Outskirts Press online bookstore offers discounts of up to 55% on purchases of 10 or more books to "Wholesalers, retailers, distributors," and requires payment by credit card. A bookseller's money should be in the Outskirts checking account two days after a purchase, but Outskirts doesn't have to pay you until up to 178 days later.
You will become Outskirts' bank, potentially loaning it money for nearly half a year, but not being paid any interest.
Outskirts will cancel your book if you don't pay their $25 annual digital storage and hosting fee within 30 days, but you must allow them six months to pay you. Conceivably, your book could be canceled if you owe them $25 for 31 days, even while they owe you hundreds or thousands of dollars.]
Outskirts Press does not warrant that the service or product provided will be uninterrupted or error free. [That's certainly no surprise.] Outskirts Press disclaims any and all representations and warranties, expressed or implied, including, without limitation, the implied warranties of merchantability, salability, or noninfringement of copyright. [In other words, don't expect Outskirts to do anything right.]
Outskirts Press’s total liability to Author or any third-party for any and all damages shall not exceed in the aggregate the amount of fees actually paid by Author to Outskirts Press during the one month period prior to Outskirts Press’ act giving rise to the liability. [If the author paid $5,000 two months before the screw-up, but didn't pay anything in the immediately preceding month, the author gets nothing -- even if the Outskirts error costs the author a million bucks.]
To the maximum extent permitted by applicable law, in no event shall Outskirts Press, its parent companies, subsidiaries, or affiliates, or any of their respective officers, directors, employees, or agents by [TYPO: should be "be."] liable for punitive, consequential, incidental, exemplary, indirect, or special damages, including without limitation damages for loss of profits, revenues, business data, or other intangibles, whether or not such damages were foreseeable and even if Outskirts Press had been advised of the possibility or likelihood of such damages. [In other words, if Outskirts Press screws up, don't expect them to pay for any loss caused by their errors -- even if they knew in advance about the problem.]
Any legal action related to the terms of or obligations arising under this Agreement shall be brought in the District Court of Douglas County, State of Colorado. [If you live in Hawaii or New Hampshire, and you don't like what Outskirts did to your book, you have to travel to Castle Rock, Colorado to sue them.]
Outskirts says its mission statement is "To exceed the expectations of every author we help publish." Authors can expect crappy books and inadequate promotion from a company that hides behind legal weaseling, denies any obligation to do the right thing, and may deny any liability when they do the wrong thing.