Publisher Terms of Use

1. Introduction

Dagok Limited is a company incorporated in England and Wales with registration no 10994624. We own and operate www.afrobookstore.com. Our registered office is 793 Sidcup Road, New Eltham, London SE9 3SB. Any references to ‘we’, ‘our’, ‘us’ or ‘AfroBookstore’ should be read as references to Dagok Limited. In these terms, you are referred to as ‘You’, or the ‘content creator’. The people to whom you market directly and who eventually buy copies of your content or subscribe to your products are referred to as ‘End Users’.

Your use of this website to add products and host your digital content and product pages constitutes acceptance of these terms and conditions and any other policies which are displayed in the footer of the site’s home page. We may amend these terms and conditions from time to time and we will notify registered members of the site by email if there are any particularly significant changes. Our relationship is a business to business relationship and the entire agreement between us and content creators comprises of these terms and conditions. Please therefore make sure that you have read and fully understand these terms and conditions before you add any products to our site.

2. Account terms

You are responsible for maintaining the security of your account and password. AfroBookstore cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation.

You are hereby considered fully responsible for all content posted and any and all activity that occurs under your account.

You may not use AfroBookstore for any illegal activities. You must not, in your use of AfroBookstore, violate any laws in your jurisdiction (including but not limited to copyright laws). Should you engage in any illegal activities through AfroBookstore, you agree to hold AfroBookstore blameless and not liable for any damages or crimes that may occur as a result. You will also have your account immediately shut down, and all data therein removed.

You may not use AfroBookstore to sell or distribute offensive or illegal content (goods, software, products or material). You agree AfroBookstore holds the right to determine what is considered “offensive” as pertaining to this agreement. Offensive and illegal content include: things that are sexually-oriented or pornographic, drugs, gambling, things that promote hate or violence towards others. You will have your account immediately shut down, and all data therein deleted should you sell or distribute illegal or offensive content.

AfroBookstore has the right to suspend or terminate your account and refuse any and all current or future use of AfroBookstore for any reason at any time. AfroBookstore, in it’s sole discretion, reserves the right to refuse service to anyone for any reason at any time.

3. Licence to redistribute and sub-licence your content

By adding your product to our site, you grant us a non-transferable nonexclusive royalty-free worldwide licence to reproduce your content and the intellectual property rights within it (Your Digital Content) and grant sublicences to distribute copies of the file and the intellectual property rights within it under a suitable licence (the End User Licence) in any territory and until otherwise notified. You can notify us and cancel this licence at any time by deleting the product containing Your Digital Content from your control panel after logging into our website.

End Users will be able to use our website checkout page to purchase a copy of Your Digital Content, we will distribute a copy of Your Digital Content subject to the terms of the End User Licence. You can read the End User Licence here.

4. Payments and our fee

All payments will be made directly to you by the End User via Paypal or Stripe or any other payment gateway we choose to support.

We partner with Paypal and Stripe and so to use our service and you must abide by and adhere to their respective terms, conditions and policies (Paypal terms) in order to use our site.

Our fee is 50% of the gross sale price of each copy of Your Digital Content, which you agree will be deducted from your Paypal account at the point of sale each time a purchase is made through your hosted checkout page by an End User. Paypal will also charge at their standard rates when using this payment method.

We are not responsible for any charges associated with the making of transfers via international wire transfer or through PayPal. PayPal transfer fees will be passed through at the rate incurred (roughly 2% subject to caps) and a charge of no more than £10 will be made for each international wire transfer. We will go to all reasonable efforts to ensure no additional fees are charged during withdrawal, but are not responsible for any charges that do occur.

For any return (refunds or chargebacks), you will be debited from your portion of the sale. Merchant account providers typically charge an additional £15 fee associated with chargebacks, but we will generally not pass this charge along to you, with the exception of certain cases. For cases where you and/or certain Products have an unusually high chargeback rate (typically, a rate of one to two percent or more), we reserve the right to discontinue selling some or all of your Products unless you agrees to pay the associated chargeback fees and we are still willing (in our sole discretion) to continue to sell any Products on your behalf. For cases where it is determined by AfroBookstore that you may be encouraging or taking part in any deceptive or fraudulent practices, you will be charged £20 per chargeback and we will withhold any owed funds to cover our future potential liabilities. The foregoing is in addition to any other rights or remedies that may be available to AfroBookstore under this Agreement, or at law or equity.

For the Business Plan, AfroBookstore reserves the right to retain some or all of the funds that are in the Sellers Account if we determine the likelihood of the necessity to cover future refunds, charges against the account or other liabilities the Client may owe to us. We may also retain some or all of the funds if we believe that the funds represent fraudulent transactions or involve other kinds of illegal activities. We will only retain those amounts which are reasonable under the circumstances. We shall communicate to you amounts retained and reason for retention of funds. We will keep any retained amounts only for a reasonable time as determined at our sole discretion, and will promptly pay over to you any remaining retained amounts after such reasonable time elapses. Notwithstanding any revenues retained by us for such circumstances, you agree to pay us, upon demand, funds owed to us due to refunds, chargebacks, commissions or fees for services rendered. If AfroBookstore actually keeps (or sets off) against the Sellers Account any of the funds we have retained, we shall do so in accordance with our reasonable determination of your liability.

5. Your rights, warranties and obligations

You retain all rights (including all intellectual property rights and any derivative works) in, or in relation to, Your Digital Content that are not expressly granted to us under these terms and conditions and you are free to market, sell and promote Your Digital Content directly or via any other digital distribution platform. You are free to implement digital rights management measures into Your Digital Content as you see fit and at your own cost to ensure that Your Digital Content is used within the scope of the rights granted to End Users.

You warrant to us that you have the full power and authority to enter into and perform your obligations under these terms and conditions, and further that Your Digital Content does not infringe the intellectual property rights of any third party. If you discover that Your Digital Content is infringing on the intellectual property rights of any third party, you should immediately delete the product so that no further infringement takes place.

You agree to indemnify us against all claims, liabilities and expenses arising out of any claim that Your Digital Content infringes the rights of any third party in any territory. Any indemnity you provide to us under these terms and conditions only applies to the extent that we promptly notify you in writing of any claim or lawsuit relevant to the indemnity, and we will make no admissions or settlements without your prior written consent.

6. Our rights and obligations

We will not modify Your Digital Content in any way (except for the file’s metadata, e.g. date of last modification or access). If in our opinion Your Digital Content infringes or is likely to infringe any intellectual property right of any third party, we may remove the product containing Your Digital Content from our service without providing prior notice to you. We will comply with all applicable laws in performing our rights and obligations under these terms and conditions and we shall obtain, at our own cost, all clearances consents and provisions required in connection with distributing copies of Your Digital Content. This includes dealing with HMRC in respect of the place of supply rules for VAT supplies made within in the European Union.

7. Rights of and restrictions on End Users

When End Users make a purchase of Your Digital Content through your hosted checkout page, they will be presented with the End User Licence agreement which they must agree to before Your Digital Content is delivered to them. The terms of the licence are limited, non-transferable, non-exclusive, non-sublicensable, royalty-free and will require End Users to comply with all applicable laws when using Your Digital Content, state that it is being provided solely for their own personal (i.e. non-commercial) use and prohibit the reproduction or distribution of Your Digital Content.

8. Content and seller verification

For paying out monthly funds to individuals and businesses, we abide by Know-Your-Customer (KYC) regulations which require that we collect the sellers information and verify their accuracy.

We manually review products added to ensure that they comply with our terms of service. Additionally our fraud detection systems are there to prevent bad actors misusing AfroBookstore. If your account is found to be responsible for fraudulent activity, your account will be shut down and all products removed.

We do not allow any of the following content:

  • Pornography
  • Content which promotes racism, hate, violence or religious persecution
  • Illegal content
  • Any content which contains copyright infrigment
  • File hosting, file sharing or cyberlockers
  • Gambling
  • Debt or loan related content
  • Get-rich-quick content
  • Virtual currencies

9. Our service, the hosted checkout page and its availability

The maximum file size you may upload to us is 5 gigabytes. You remain responsible for keeping local backups or copies of your files and you should not regard us as a backup service. We attempt to maintain an uptime of 99.8%. However, due to circumstances that are sometimes beyond our control, interruptions to our services may occur (e.g. through network failures or other external factors).

To the extent permissible by law, we shall not be liable for any direct loss, indirect loss, consequential loss or other damages resulting from any disruptions to any of our services, or as a result of any act or omission by us arising out of or in connection to your use or access to (or inability to use or access) our site.

10. Affiliates and third parties

If you make use of our affiliates service, you should note that any relationship between you and your affiliates is not governed by these terms of use and we are not party to any such relationship. Nothing in these terms of use confers any right on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

11. Changes to these terms and general conditions

These terms of use may change from time to time at our sole discretion and we reserve the right to make these changes without your consent. Any revised terms of use will be applicable each time you add a new product, so we encourage you to review them regularly.

Your use of AfroBookstore is at your own risk. The service is provided on an “as is” and “as available” basis.

Any failure by us to insist upon or enforce any provision of these terms of use shall not be construed as a waiver of any of our rights. If any one of these terms is declared invalid by a court, this will not affect the validity of the remaining terms.

These terms of use are governed by English law and we both agree to submit to the exclusive jurisdiction of the English courts in the event of any dispute.