Tuesday, July 29, 2014

Divorcing Apple


When iTunes first came out, I bought an iPod Classic. Back then, iTunes was truly a wonderful thing. The ability to stream music and download it into a library changed the way I listened to music forever. But then I lost my iPod, and so Verizon talked me into getting a 64GB iPhone 4s. And I loved it.The ability to sync my music automatically to my iPhone and PC made purchasing music easy and fun.

I even bought a pair of Bose Q3 headphones to make my listening experience even that much more enjoyable. The Bose headphones have a jack that is compatible with most of the iPhone's functionality.

I am a Salsa aficionado. My Salsa collection is truly vast, but I soon found out that iTune's Latin collection is incomplete at best. I don't buy just single cuts. I want the whole album, and I certainly want to complete my collection of artists I really love. But in many cases that is not possible on iTunes. I have invested hundreds of dollars into my iTunes collection, only to be frustrated by an acute lack of choices where Salsa is concerned.

When the iPhone 5s came out I was furious. I was eligible for an upgrade, but there was no way I would take it. The iPhone 5s was the biggest disappointment from Apple that I have seen yet. Although it is a faster phone, the only real benefit is the improved camera, which isn't enough to warrant an upgrade.

Then Spotify came out. At first I was morally against paying 9.99 per month for unlimited downloads because many artists I know feel that Spotify is rather usurious for musicians. But then I found out that putting iTunes on a Droid is impossible. Plus Spotify's Latin collection is much more extensive. Aside from my iPhone, I also have a Samsung Galaxy Nexus. I mostly use the iPhone for my music, but I love my Samsung.

I know of some apps for the Droid that will import your iTunes library into a the Google music player, complete with album art and titles. That's one way around Apple. The problem with Spotify is that it will import your iTunes music, but there is no easy way to organize it once it is imported, unless you are willing to build endless playlists.

The Samsung has so many great features that the iPhone lacks. Apple has once again backed itself into a corner by not opening iTunes to other platforms, like they have in the past on multiple occasions. Still unable to part with my iPhone because of my music, I finally got a premium Spotify account.

A few regrettable limitations with Spotify is that you can only have an account registered with three devices, and out of those three devices, you can only play music on one device at a time. I put Spotify on my home computer, work machine, and on my iPhone. So, now I download all my music from Spotify. Why should I pay .99 cents for a single cut on iTunes, and between $6.00 and $9.00 for an album, when Spotify charges $9.99 per month for all the music I want. Beyond that, I have found a way to import my iTunes library to a Droid, if I ditch Apple.

Apple has announced that iOS 8 is coming out this November. No doubt they will unveil the next generation of the iPhone before Christmas. If the new iPhone does not completely rock, Apple's stock is going to tank. I'm not the only person frustrated with Apple.

So, I am faced with a dilemma. Do I wait for the next generation iPhone and take the upgrade? Or do I ditch Apple altogether and get a new Samsung? Time will tell. It is a tough decision, but a really innovative new iPhone and a dramatic change in policy with iTunes are probably the only things that will save Apple. And I am certainly not going down with a sinking ship.

All my love!

James M. Weil


Wednesday, July 16, 2014

The Second Amendment

How could such a simple sentence be twisted and debated for so many years?



"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Friday, July 4, 2014

List of People with Bipolar Disorder

List of people with bipolar disorder From Wikipedia, the free encyclopedia

This is a list of people, living or dead, accompanied by verifiable source citations associating them with bipolar disorder (formerly known as "manic depression"), either based on their own public statements, or (in the case of dead people only) reported contemporary or posthumous diagnoses of bipolar disorder.

Regarding posthumous diagnoses: many famous people are believed to have been affected by bipolar disorder. Most of these listed have been diagnosed based on evidence in their own writings and contemporaneous accounts by those who knew them. It is often suggested that genius (or, at least, creative talent) and mental disorder (specifically, the mania and hypomania of bipolar disorder) are linked; the connection was widely publicized by Kay Redfield Jamison in Touched with Fire, although many of the diagnoses in the book are made by Jamison herself. Also, persons prior to the 20th century may have incomplete or speculative diagnoses of bipolar disorder (e.g. Vincent van Gogh.)

List

  • Sherman Alexie, Native American poet, writer, and filmmaker
  • Rigoberto Alpizar, fatally shot by United States federal air marshals after exclaiming that he had a bomb on board a plane.
  • Sophie Anderton, British model.
  • Adam Ant, British musician.
  • Emilie Autumn, American musician. 
  • Maria Bamford, American comedian.
  • Andy Behrman, author of the book Electroboy: A Memoir of Mania.
  • Max Bemis, frontman of the band Say Anything, spoke about his diagnosis in an interview with Spin magazine in 2006.
  • Maurice Benard, actor. He has discussed his diagnosis with Oprah Winfrey, and has since become active in promoting bipolar awareness.
  • Mary Kay Bergman, voice actress
  • Ludwig Boltzmann, physicist and mathematician. He "suffered from an alternation of depressed moods with elevated, expansive or irritable moods."
  • Adrian Borland, British musician.
  • Russell Brand, comedian and actor. "In a low-key admission at the end of the book, he says he was finally diagnosed with bipolar disorder – manic depression – after he kicked the drugs for good in 2002 which goes some way to explaining his almost superhuman indifference to the chaos and catastrophe that almost lead [sic] him to obscurity."
  • Andrea Breth, German stage-director.
  • Jeremy Brett, actor.
  • Katherine Brooks, director/writer/filmmaker. "I don’t believe Bipolar holds me back as a person or a filmmaker. I actually believe it makes everything I do have more meaning, passion, and purpose. I’m thankful to be this way … thankful to be born Bipolar."
  • Brotha Lynch Hung, American rapper. He has discussed his diagnosis in various songs and interviews.
  • Frank Bruno, boxer; was hospitalized for a short period and as of 2005 is on lithium.
  • Barney Bubbles, graphic designer.
  • George Gordon, Lord Byron, English poet, writer, and adventurer.
  • Alastair Campbell, press advisor.
  • Georg Cantor, mathematician. Cantor's recurring bouts of depression from 1884 to the end of his life were once blamed on the hostile attitude of many of his contemporaries, but these bouts can now be seen as probable manifestations of bipolar disorder.
  • Quincy Carter, American football player.
  • Dick Cavett, television journalist. "CAVETT: Both in hypomanic, which I have had, and incidentally, one has to admit many patients say I am cured now, I am fine. But I must say I miss those hypomanic states. They are better off where they are."
  • Eason Chan, Chinese popular music singer.
  • Iris Chang, historian and journalist for the San Francisco Chronicle.
  • John Clare, poet.
  • Kurt Cobain, musician. His cousin, Beverly Cobain, a "registered nurse (…) [with] experience as a mental health professional" and author of a book, When Nothing Matters Anymore: A Survival Guide for Depressed Teens ISBN 1-57542-036-8, stated in an interview: "Kurt was diagnosed at a young age with Attention Deficit Disorder [ADD], then later with bipolar disorder; (…) As Kurt undoubtedly knew, bipolar illness can be very difficult to manage, and the correct diagnosis is crucial. Unfortunately for Kurt, compliance with the appropriate treatment is also a critical factor."
  • Neil Cole, former Australian Labor party politician. "Associate Professor Cole was the first politician in Australia or overseas to admit to having a mental illness, namely bipolar mood disorder."
  • Rosemary Clooney, singer and actress.
  • Patricia Cornwell, American crime writer.
  • Robert S. Corrington, theologist. In his book Riding the Windhorse: Manic-Depressive Disorder and the Quest for Wholeness he gives a personal account of his own struggles with the condition.
  • Michael Costa, former Australian Labor party politician and Treasurer of NSW. "Mr Costa said a number of state parliamentary colleagues approached him about their mental health problems after he publicly revealed his battle with bipolar disorder in 2001."
  • Vincent Crane, keyboard player of Atomic Rooster.
  • Disco D, record producer and composer. On returning to the United States from his 2005 Australian trek, Shayman went public about his struggle with bipolar disorder.
  • DMX (rapper), has spoken openly about his manic depression.
  • Mike Doughty, musician. First described himself diagnosed as bipolar in 2007 on his blog.
  • Charmaine Dragun, former Australian journalist/newsreader. Misdiagnosed with depression. Inquest concluded she had bipolar II disorder.
  • Richard Dreyfuss, actor, BBC Documentary.
  • Patty Duke, actress.
  • Edward Elgar, an English composer, many of whose works such as the Enigma Variations and the Pomp and Circumstance Marches have achieved enduring popularity.
  • Florbela Espanca, Portuguese poet.
  • Carrie Fisher, actress and writer.
  • Tom Fletcher, English singer, songwriter, pianist, and guitarist McFly. admitted to suffering from bipolar disorder. He has also described his struggles with his weight and obsessive dieting.
  • Ellen Forney, comics artist and creator of Marbles: Madness, Depression, Michelangelo, and Me
  • Larry Flynt, publisher and the president of Larry Flynt Publications (LFP).
  • Connie Francis, singer.
  • Stephen Fry, actor, comedian and writer. Fry was the center of the Emmy Award-winning documentary Stephen Fry: The Secret Life of the Manic Depressive in which he openly shares his experiences of living with the disorder and interviews a number of celebrities who suffer from it as well.
  • Mary Kay Fualaau, American schoolteacher who had sexual intercourse with a 13 year old student.
  • Justin Furstenfeld, Lead singer of the band Blue October.
  • Alan Garner, novelist. According to the Guardian, "In The Voice that Thunders (Harvill), a collection of critical and autobiographical essays, Garner casts light on his writing and thinking, and the role that manic depression plays in his creativity".
  • Paul Gascoigne, English footballer. "His second book, released this year, centres on his therapy - for alcoholism, eating disorders, OCD, and bipolar disorder, among others."
  • Mel Gibson, actor and director.
  • Matthew Good, Canadian musician. He first disclosed his illness in a personal blog. It was during the writing and recording of Hospital Music that he suffered one of his worst episodes.
  • Philip Graham, publisher and businessman. "It had finally penetrated to me that Phil's diagnosis was manic-depression…"
  • Katharine Graham (1997), Personal History, p. 328; Knopf, 1997, ISBN 0-394-58585-2 (book has numerous other references).
  • Macy Gray, musician and actor. As documented in an interview with Saul Williams.
  • Graham Greene, English novelist. Extract from Graham Greene: A Life in Letters: "Greene was managing the impulses of bipolar illness, involving mood swings from elation, expansiveness or irritability to despair and would quickly be guilty of repeated infidelities."
  • Ivor Gurney, English composer and poet.
  • Beth Hart, Singer, songwriter, musician, painter.
  • Terry Hall, lead singer of The Specials.
  • Linda Hamilton, actress. Star of the Terminator movies. Was diagnosed at the age of 40.
  • Robert Hansen, serial killer.
  • Mariette Hartley, American actress, has publicly spoken about her bipolar disorder.
  • Jonathan Hay, Australian rules footballer
  • Ernest Hemingway, writer
  • Kristin Hersh, musician, of rock band Throwing Muses, has spoken about her bipolar disorder.
  • Abbie Hoffman, political activist: "Abbie was diagnosed in 1980 as having bipolar disorder, more commonly known as manic depression."
  • Marya Hornbacher, writer. Hornbacher wrote Madness, a memoir of her struggle with bipolar disorder, after writing Wasted, which detailed her eating disorder.
  • Jack Irons, drummer, formerly of Red Hot Chili Peppers and Pearl Jam.
  • Jesse Jackson, Jr., American politician and son of civil rights pioneer.
  • Daniel Johnston, musician: "Johnston's output in his late teens and early 20s proved to be a symptom of his worsening manic depression." The Guardian Unlimited, Saturday August 20, 2005: "Personal demons", review of film, The Devil and Daniel Johnston:
  • Andrew Johns, Australian rugby league player. Publicly announced his condition following retirement.
  • Lee Joon, Korean actor and musician
  • Krizz Kaliko, American hip hop musician.
  • Chris Kanyon American professional wrestler.
  • Kerry Katona, English television presenter, writer, magazine columnist and former pop singer with girl band Atomic Kitten. BBC.
  • Rep. Patrick J. Kennedy has been open about mental health issues, including being diagnosed with bipolar disorder.
  • Otto Klemperer, conductor.
  • Margot Kidder, actress — self-described.
  • Patrick Kroupa, writer and hacker, has been very open about his drug use and mental health issues, after his last heroin detox in 1999. He mentions bipolar disorder openly in several interviews.
  • Kerli Kõiv, better known mononymously as Kerli, Estonian recording artist and songwriter.
  • Debra LaFave, schoolteacher who had sexual relations with minor student.
  • Albert Lasker displayed the symptoms of Bipolar II according to the book "The Man Who Sold America."
  • Yoon Ha Lee, Korean-American science fiction writer.
  • Vivien Leigh, actress, most famous for her role as Scarlett O'Hara in David O. Selznick's movie "Gone With The Wind".
  • Jenifer Lewis, American actress, spoke about her diagnosis on Oprah in September 2007.
  • Bill Lichtenstein, print and broadcast journalist and documentary filmmaker, profiled in Time magazine, October 10, 1994.
  • Demi Lovato, American actress, singer and writer, revealed her illness in April 2011 in an interview with People magazine.
  • Tina Malone, British television actress, writer, director and producer. Brookside Shameless diagnosed with obsessive compulsive disorder and bipolar disorder in 1998.
  • Arthur McIntyre, Australian artist.
  • Kristy McNichol, actress. The former child star and teen idol left the show Empty Nest due to her battle with the depression. McNichol later returned to the show for a few episodes during the series' last season. 
  • Burgess Meredith, actor; with cyclothymia.
  • Spike Milligan, comedian.
  • Ben Moody, musician. The former guitarist from Evanescence.
  • Seaneen Molloy, Northern Irish blogger.
  • Marilyn Monroe, American Actress.
  • John A. Mulheren, American financier, stock and option trader and philanthropist.
  • Edvard Munch, artist.
  • Robert Munsch, author.
  • Friedrich Nietzsche, philosopher.
  • Florence Nightingale, nurse and health campaigner. BPW "Florence heard voices and experienced a number of severe depressive episodes in her teens and early 20s - symptoms consistent with the onset of bipolar disorder",
  • Dr. Kathy Wisner, a professor of psychiatry at the University of Pittsburgh Medical Center.
  • Kim Novak, actress: During an interview with Robert Osborne for TCM in 2012 she stated that she wasn't diagnosed until late in her life.
  • Sinéad O'Connor, musician. She discussed her diagnosis in a Guardian interview in 2010.
  • Graeme Obree, Scottish racing cyclist. World hour record 1993. Individual pursuit world champion in 1993 and 1995. Cited in 2003 autobiography, Flying Scotsman: Cycling to Triumph Through My Darkest Hours and 2006 film.
  • Phil Ochs, musician.
  • Bill Oddie, naturalist, comedian and television presenter.
  • Craig Owens, singer for American bands Chiodos, and Destroy Rebuild Until God Shows.
  • Nicola Pagett, actor. Wrote about her bipolar disorder in her autobiography Diamonds Behind My Eyes ISBN 0-575-60267-8
  • Jaco Pastorius, jazz musician. "Jaco was diagnosed with this clinical bipolar condition in the fall of 1982. The events which led up to it were considered "uncontrolled and reckless" incidences."
  • Jane Pauley, TV presenter and journalist. The former Today and Dateline host describes being diagnosed with bipolar disorder in her autobiography "Skywriting: A Life Out of the Blue", which she wrote in 2004, as well as on her short-lived talk show.
  • Metta World Peace, formerly known as Ron Artest, American basketball player
  • Fernando Pessoa, Portuguese poet.
  • Edgar Allan Poe, poet and writer, may have experienced bipolar disorder.
  • Jackson Pollock, American artist.
  • Odean Pope, American jazz musician.
  • Gail Porter, British TV presenter.
  • Emil Post, mathematician.
  • Charley Pride, country music artist. (autobiography) Pride: The Charley Pride Story. Publisher: Quill (May 1995). "Pride discusses business ventures that succeeded and those that failed, as well as his bouts with manic depression. He tells his story with no bitterness but lots of homespun advice and humor."
  • Gabriele Rabel, botanist, physicist
  • Rene Rivkin, entrepreneur.
  • Barret Robbins, former NFL Pro Bowler.
  • Axl Rose, lead singer and frontman best known for Guns N' Roses. "I went to a clinic, thinking it would help my moods. The only thing I did was take one 500-question test - ya know, filling in the little black dots. All of sudden I'm diagnosed manic-depressive."
  • Richard Rossi, filmmaker, musician, and maverick minister, revealed for the first time in a live interview on the Lynn Cullen show on June 5, 2008 the link between his artistic productivity and his depression to bipolar disorder, stating that "my father was bi-polar one, and I'm bi-polar two." He spoke of the relationship between creativity and the illness.
  • John Ruskin, the leading English art critic of the Victorian era, also an art patron, draughtsman, watercolourist, a prominent social thinker and philanthropist
  • Robert Schumann, German composer
  • Nina Simone, American singer. Interview with her daughter Simone, The Sunday Times June 24, 2007
  • Frank Sinatra, American singer and actor. "Being an 18-karat manic depressive, and having lived a life of violent emotional contradictions, I have an over-acute capacity for sadness as well as elation."
  • Michael Slater, International Australian cricketer, forced to retire because of related symptoms.
  • Tony Slattery, actor and comedian. "I rented a huge warehouse by the river Thames. I just stayed in there on my own, didn't open the mail or answer the phone for months and months and months. I was just in a pool of despair and mania." BBC Documentary
  • Sidney Sheldon, producer, writer; wrote about being a victim of bipolar disorder in his autobiography The Other Side of Me.
  • Tim Smith, rugby league player whose career with NRL side Parramatta Eels was ended due to his bipolar condition, and pressure from the media.
  • Charlene Soraia, British singer-songwriter, musician has cyclothymia.
  • Britney Spears, American singer-songwriter
  • Alonzo Spellman, American football player
  • Dusty Springfield, English pop singer
  • Peter Steele, frontman, Type O Negative.
  • David Strickland, Actor, Suddenly Susan.
  • Poly Styrene (real name Marion Elliot-Said), singer.
  • Stuart Sutherland, British psychologist and writer
  • Mackenzie Taylor, British comedian.
  • Michael Thalbourne, Australian psychologist and parapsychologist.
  • Steven Thomas, American entrepreneur.
  • Gene Tierney, Academy Award nominated actress, Best Actress (1945).
  • Devin Townsend, musician, Strapping Young Lad, The Devin Townsend Band. He took himself off of his medication to write lyrics for Strapping Young Lad's album Alien.
  • Nick Traina, singer, "in the last year of his life, he began telling people he was manic-depressive."
  • Timothy Treadwell, American environmentalist and bear enthusiast, featured in the 2005 documentary film by Werner Herzog titled Grizzly Man.
  • Margaret Trudeau, Canadian celebrity and ex-wife of former Canadian Prime Minister Pierre Elliot Trudeau (deceased). She now travels Canada and other countries speaking out against the stigmas on mental illness.
  • Ted Turner, American media businessman.
  • Jean-Claude Van Damme, actor.
  • Vincent van Gogh, artist. (among numerous other hypotheses)
  • Townes Van Zandt, singer-songwriter.
  • Eric Victorino, vocalist of The Limousines, author.
  • Mark Vonnegut, author.
  • James Wade, darts player.
  • David Walliams, actor/comedian/author/charity fundraiser.
  • Tom G Warrior- Lead singer/guitarist of heavy metal bands Celtic Frost, Apollyon Sun and Triptykon
  • Ruby Wax, comedian.
  • Scott Weiland, musician. (Stone Temple Pilots, Velvet Revolver)
  • Pete Wentz, musician. 
  • Fall Out Boy Delonte West, American basketball player
  • Mark Whitacre, business executive described in the true story movie, The Informant.
  • Brian Wilson, musician, founding member of The Beach Boys.
  • Amy Winehouse, musician
  • Virginia Woolf, writer.
  • Lee Thompson Young, actor
  • Catherine Zeta-Jones, actress, has bipolar II disorder.

Saturday, August 31, 2013

Bipolar Depression


I never saw a wild thing sorry for itself. A small bird will drop frozen dead from a bough without ever having felt sorry for itself.

This is my mantra. Several years ago I went into a deep, bipolar depression that lasted for months and months. Every morning I stood on the train platform waiting to catch the 8:07 to Penn Station, and debated whether or not I should throw myself in front of the oncoming train.
I talked to my doctor about this, and I told him that these were just thoughts, and thoughts do not necessarily translate into actions. The only reason he did not hospitalize me was because I convinced him that I would never act out on my thoughts of hurting myself. The bottom line is that I always knew, no matter how much I was suffering, that depression does not last forever. And I was right.
I learned a valuable lesson from all this: Most people get depressed because they feel sorry for themselves, and once they let go of hope, all hope is lost. At that point many bipolar people do end up hurting themselves.
Ever since that debilitating depressive episode, I have not gone into depression since. Life is a about choices, and although I do become manic at times, I will never allow my spirits to sink so low again. Depression is simply unacceptable.

Love to all!


James M. Weil

Thursday, March 29, 2012

Library or Licentious Business Practice?

I am beginning to put the pieces of the puzzle together about what happened with El Aguila and Esmeralda. This is a press release from Amazon dated November 4, 2011:

With an Amazon Prime membership, Kindle owners can now choose from thousands of books to borrow for free -- including over 100 current and former New York Times Bestsellers -- as frequently as a book a month, with no due dates. No other e-reader or ebookstore offers such a service. With an annual Prime membership, the Kindle Owners’ Lending Library is included at no additional cost. Millions of Prime members enjoy free two-day shipping, unlimited streaming of nearly 13,000 movies and TV shows, and now thousands of books to borrow for free with a Kindle.

-30-

I am still a little fuzzy over the difference between the Kindle Owners’ Lending Library and KDP Select, and if there is actually a difference at all. According to a good friend and researcher, they are one in the same. If that's true, then according to the Esmeralda Community Page on Facebook, my book was borrowed at least 3,718 times. Who would like a community page about a book they never read?

According to Amazon, my book was never borrowed once. Esmeralda was given away approximately 200 times during the four days I put it on promotion. There is a huge discrepancy here! How did I get so many likes if nobody bought or borrowed the book? Below is a copy of my last communication with Amazon. I am waiting for a response:

Please note that my book has 4,717 likes on the following Facebook community page:
https://www.facebook.com/pages/Esmeralda/117151418304868


With that many likes, I am assuming that Amazon Prime Members borrowed the book at least that many times. This page was started the day I published Esmeralda with KDP. Now, I have read the contract very carefully. I enrolled my book in KDP Select, so anybody who borrowed my book means that I should get a piece of the action. Please explain how so many people would like my book if they didn't borrow it from the library. I know that out of the four promotion days that I used, there were approximately 200 free downloads of Esmeralda. That's a huge discrepancy.


I need a full accounting of how many people borrowed or downloaded my book, Esmeralda. Nobody would like the page if they hadn't read the book.


Thank you for your cooperation, and I look forward to your explanation and accounting.


James M. Weil

Although I added an extra thousand, they will get my meaning once they click on the link. You all remember it oh, so well if you are old enough: "Lucy! You got some 'splaining to do!" I will be sure to post their response!

All my love!

James M. Weil

Tuesday, March 27, 2012

The KDP Bamboozle in its Present Form

Kindle Direct Publishing Terms and Conditions

Last Updated: February 9, 2012

This agreement changed on the date listed above.
See an explanation of the changes at the end of this document.

Kindle Direct Publishing Terms and Conditions

This agreement is made as part of an online application (the "Application") for participation in a digital self-publication and distribution program (the "Program") from Amazon Digital Services, Inc. and Amazon EU S.à.r.l. (together with their affiliates, "Amazon", "we" or "us") and includes, in addition to the terms set forth below, thePricing Page, all rules and policies for participating in the Program provided on the Amazon.com website ("Program Policies"), the Amazon.com website Conditions of Use and the Amazon.com Privacy Notice located at www.amazon.com/privacy (collectively, this "Agreement"). Any version of this Agreement in a language other than English is provided for convenience and the English language version will control if there is any conflict.

This Agreement is a binding agreement between each Amazon party and the individual or entity identified as the Publisher in the Application ("you" or "Publisher") with respect to your participation in the Program and your distribution of digital content through the Program (all such content, "Digital Books"). As used in this Agreement, Amazon "affiliates" means any entity that directly or indirectly controls, is controlled by, or is under common control with Amazon, and "Amazon party" means, individually, Amazon Digital Services, Inc., Amazon EU S.à.r.l., and each Amazon affiliate that joins as a party to this Agreement as provided in Section 10. If the Publisher is an entity, the individual person who accepts this Agreement for Publisher represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of Publisher and to bind Publisher to the terms of this Agreement.

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5.1 Delivery, Acceptance and Withdrawal.

5.1.1 Delivery. You must provide to us, at your own expense each Digital Book you desire to distribute through the Program. We will not return to you any electronic files or physical content or media you deliver to us in connection with the Program. You must deliver all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code.

5.1.2 Content Requirements. You must ensure that all Digital Book content is in compliance with our Program Policies for content at the time you submit it to us. If you discover that content you have submitted does not comply, you must immediately withdraw the content by un-publishing it or by re-publishing content that complies through the Program procedures for Digital Book withdrawal or re-publishing. We are entitled to remove or modify the metadata and product description you provide for your Digital Books for any reason, including if we determine that it does not comply with our content requirements. We may also remove all or any part of your Digital Book’s cover art for any reason, including if we determine that it does not comply with our content requirements. You may not include in any Digital Book any advertisements or other content that is primarily intended to advertise or promote products or services. You must ensure that all metadata you provide to us is current, complete, and accurate. If you discover that any metadata you have provided to us for a Digital Book is inaccurate or incomplete, you must promptly submit corrected metadata to us through the Program procedures for metadata submission.

5.1.3 Digital Book Rejection. We are entitled to determine what content we accept and distribute through the Program in our sole discretion. If we request that you provide additional information relating to your Digital Books, such as information confirming that you have all rights required to permit our distribution of the Digital Books, you will promptly provide the information requested, and 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 Digital Books and the accuracy of the information or documentation you provide to us with respect to those rights.

5.1.4 Digital Book Withdrawal. You may withdraw your Digital Books from further sale in the Program at any time on five business days advance notice by following the then current Program procedures for Digital Book withdrawal or un-publishing. We may fulfill any customer orders completed through the date the Digital Books are available for sale. All withdrawals of Digital Books will apply prospectively only and not with respect to any customers who purchased the Digital Books prior to the date of removal.

5.1.5 Reformatting. We may, in our discretion, reformat your Digital Books, and you acknowledge that unintentional errors may occur in the process of reformatting of your Digital Books. If any such errors do occur, you may remove the affected Digital Book from further sale in the Program as provided in Section 5.1.4 above, and this will be your only remedy for the errors. We may also, in our discretion, correct any errors existing in a Digital Book file as you deliver it to us.

5.2 Marketing and Promotion; Kindle Book Lending Program.

5.2.1 Marketing and Promotion. We will have sole discretion in determining all marketing and promotions related to the sale of your Digital Books through the Program and may, without limitation, market and promote your Digital Books by making chapters or portions of your Digital Books available to prospective customers without charge, and by permitting prospective customers to see excerpts of your Digital Books in response to search queries. We will not owe you any fees for any marketing or promotional efforts. You acknowledge that we have no obligation to market, distribute, or offer for sale any Digital Book, or to continuing marketing, distributing or selling a Digital Book after we have commenced doing so.

5.2.2 Kindle Book Lending Program. The Kindle Book Lending program enables customers who purchase a Digital Book to lend it subject to limitations we establish from time to time. All Digital Books made available through the Program are automatically included in the Kindle Book Lending program. However, for Digital Books that are in the 35% Royalty Option (as described in the Pricing Page), you may choose to opt out of the Kindle Book Lending program. This will disable lending of the Digital Book by customers who purchase it after you have opted it out, but this will not affect the right of customers who purchased it when lending was enabled to continue to lend it. You may not choose to opt out a Digital Book if it is included in the lending program of another sales or distribution channel. If we become aware that a Digital Book you have opted out is included in the lending program of another sales or distribution channel, we may enable it for lending. Digital Books that are in the 70% Royalty Option (as described in the Pricing Page) cannot be opted out of the lending feature.

5.2.3 Optional Programs and Services. We may make available to you optional programs and services through KDP. Terms and conditions for those optional programs and services are included at the end of this Agreement. Those terms and conditions are part of this Agreement.

5.3 Pricing and Program Terms.

5.3.1 List Price. You will provide a list price for each Digital Book you submit to us in accordance with the then current Program procedures for list price submission ("List Price"). The List Price you provide will be exclusive of value-added or similar taxes which are included within the purchase price of a product ("VAT"). If we display a digital list price to customers, we may add applicable VAT to the List Price you provide to determine the digital list price that we display. If we offer your Digital Book for sale in a currency (the "Sale Currency") other than the currency in which you have submitted your List Price, we may convert the List Price to the Sale Currency at an exchange rate we determine, and periodically update the converted List Price in order to reflect current exchange rates. If we convert your List Price to another Sale Currency, the converted List Price in the Sale Currency will be your List Price with respect to the offer and sale of your Digital Book in the Sale Currency for all purposes under this Agreement (for example, your Royalties will be calculated based on the converted List Price in the Sale Currency). If the converted List Price would be outside of the minimum or maximum List Price we accept for the Sale Currency, your List Price will be converted so that it is equal to the applicable minimum or maximum List Price for that Sale Currency. Minimum and maximum List Prices are specified on the List Price requirements page. We may give you the option to provide multiple List Prices for a Digital Book in different currencies or for different Amazon websites. If you provide multiple List Prices for a Digital Book, where we sell your Digital Book to customers in a particular country from more than one Amazon website, we may use one of those List Prices for sales to customers in that country on all of our websites, to provide consistency across those websites. For example, if you provide us with a UK Pounds List Price and a US Dollar List Price for a Digital Book, we may use the UK Pounds List Price for sales to UK customers from all of our websites, including Amazon.com, and we may convert it as provided above. You will adjust the List Price as required to ensure that, at all times that the Digital Book is available for sale through the Program, the List Price meets the requirements provided in the Pricing Page. Any increase in List Price you provide to us will be effective within 5 business days following the date on which you submit it. We may provide other requirements for List Prices in the Program Policies which your Digital Books must meet in order to be accepted and remain in the Program, in addition to the requirements provided in the Pricing Page.

5.3.2 Customer Prices.To the extent permissible under applicable local laws, we have sole and complete discretion to set the retail price at which your Digital Books are sold through the Program. We are solely responsible for processing payments, payment collection, requests for refunds and related customer service, and will have sole ownership and control of all data obtained from customers and prospective customers in connection with the Program.

5.4 Payments.

5.4.1 Royalties. If you are not in breach of your obligations under this Agreement, for each Digital Book sold to a customer (i.e., an end user) through the Program, the Amazon party that made the sale will pay you the applicable Royalty set forth in the Pricing Page, net of refunds, bad debt, and any taxes charged to a customer or applied with respect to sales to a customer (including without limitation any VAT or sales taxes). If your List Price for a Digital Book is higher than permitted under the Pricing Page, we will be entitled to deem it modified so that it is equal to the maximum List Price permitted when calculating Royalties due to you under this Agreement.

5.4.2 Payment Terms. Amazon parties will pay Royalties on their respective Digital Book sales approximately sixty (60) days following the end of the calendar month during which they make the applicable sale. At the time of payment, we will make available to you an online report detailing sales of Digital Books and corresponding Royalties. All payments will be made via check, Electronic Funds Transfer ("EFT") payments or other method we designate in the Program Policies, in the Sale Currency or other payment currency we provide for in the Program Policies. If we give you the option to change your payment currency and you select that option using our then-current procedures, 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 Sale Currency, we will convert the Royalties due from the Sale Currency to the payment currency at an exchange rate we determine, which will be inclusive of all fees and charges for the conversion. We may require you to register in your Program account a valid bank account for receiving EFT payments that is in compliance with the then-current Program Policies, in which case we will not be obligated to make payments of Royalties to you unless you do so. We are entitled to accrue and withhold payments until the total amount due is at least $10 if by EFT or $100 if by check, or for payments in other currencies, at least those amounts we set forth in the Program Policies. You may not maintain any action or proceeding against us in respect of any statement unless you commence that action or suit within six (6) months after the date the statement is rendered. Any such action or proceeding shall be limited to a determination of the amount of monies, if any, payable by us to you for the accounting periods in question, and your sole remedy will be the recovery of those monies with no interest. We can withhold, offset or reduce Royalties as follows:
(i)         If we pay you a Royalty on a sale and later issue a refund, return, or credit for such sale, we may offset the amount of the Royalty previously paid for the sale against future Royalties, or require you to remit that amount to us.
(ii)        If a third party asserts that you did not have all rights required to make one of your Digital Books available through the Program we may hold all Royalties 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 a Digital Book, we will not owe you Royalties for that Digital Book and we may offset any of those Royalties that were previously paid against future Royalties, or require you to remit them to us.
(iii)       If we terminate this Agreement because you have breached your representations and warranties or our Content Guidelines, you forfeit all Royalties not yet paid to you.
(iv)       Upon termination of this Agreement, we may withhold all Royalties due for a period of three months from the date they would otherwise be payable in order to ensure our ability to off-set any refunds or other offsets we are entitled to take against the Royalties.
(v)        If after we have terminated your account you open a new account without our express permission, we will not owe you any Royalties through the new account.
Our exercise of these rights does not limit other rights we may have to withhold or offset Royalties or exercise other remedies.

5.4.3 Taxes. The Amazon parties are responsible for collecting and remitting any and all taxes imposed on their respective sales of Digital Books to customers. You are responsible for any income or other taxes due and payable resulting from payments to you by an Amazon party under this Agreement. Accordingly, unless otherwise stated, the amounts due to you hereunder are inclusive of any taxes that may apply to such payments. The Amazon parties maintain the right, however, to deduct or withhold any and all applicable taxes from amounts due by them to you, and the amounts due, as reduced by those deductions or withholdings, will constitute full payment and settlement to you.

5.5 Grant of Rights. You grant to each Amazon party, throughout the term of this Agreement, a nonexclusive, irrevocable, right and license to distribute Digital Books, directly and through third-party distributors, in all digital formats by all digital distribution means available. This right includes, without limitation, the right to: (a) reproduce and store Digital Books on one or more computer facilities, and reformat, convert and encode Digital Books; (b) display, market, transmit, distribute, sell and otherwise digitally make available all or any portion of Digital Books through Amazon Properties (as defined below), for customers and prospective customers to download, access, copy and paste, print, annotate and/or view online and offline, including on portable devices; (c) permit customers to "store" Digital Books that they have purchased from us on servers ("Virtual Storage") and to access and re-download such Digital Books from Virtual Storage from time to time both during and after the term of this Agreement; (d) display and distribute (i) your trademarks and logos in the form you provide them to us or within Digital Books (with such modifications as are necessary to optimize their viewing), and (ii) portions of Digital Books, in each case solely for the purposes of marketing, soliciting and selling Digital Books and related Amazon offerings; (e) use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any metadata that you provide in connection with Digital Books; and (f) transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) Digital Books as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display). In addition, you agree that we may permit our affiliates and independent contractors, and our affiliates' independent contractors, to exercise the rights that you grant to us in this Agreement. "Amazon Properties" means any web site, application or online point of presence, on any platform, that is owned or operated by or under license by Amazon or co-branded with Amazon, and any web site, application, device or online point of presence through which any Amazon Properties or products available for sale on them are syndicated, offered, merchandised, advertised or described. You grant us the rights set forth in this Section 5.5 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 Digital Book, then the territory for the sale of that Digital Book will be those territories for which you indicate, through the procedure we provide to you, that you have distribution rights.

5.6 DRM and Geofiltering Technology. We may, but are not obligated, to provide you the option to apply DRM technology in connection with the distribution of your Digital Books. If we provide you the option to apply DRM technology, you acknowledge that we make no representations as to the efficacy of the DRM and will not be responsible for any failure of the DRM. We also may, but are not obligated, to use geofiltering technology as a way of determining which customers are entitled to purchase Digital Books, for example, where you indicate that you do not have worldwide distribution rights to a Digital Book through the procedure we provide to you for that purpose. If we use geofiltering technology when distributing your Digital Books, distribution will be deemed to have taken place within the permitted distribution territories for the Digital Books, even though customers may, in fact, be located outside those territories.

5.7 Rights Clearances and Rights Dispute Resolution. You will obtain and pay for any and all necessary clearances and licenses for the Digital Books to permit our exercise of the rights granted under this Agreement without any further payment obligation by us, including, without limitation, all royalties and other income due to any copyright owner. If you notify us through the procedure we provide on the applicable Amazon Property for making claims of copyright infringement that a third party has made a Digital Book available for distribution through the Program (or for distribution in a particular territory through the Program) that you have the exclusive right to make available under the Program, then, upon your request and after verification of your claim, we will pay you the Royalties due in connection with any sales of the Digital Book through the Program, and will remove the Digital Book from future sale through the Program, as your sole and exclusive remedy.

5.8 Representations, Warranties and Indemnities. You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) prior to you or your designee's delivery of any content, you will have obtained all rights that are necessary for the exercise the rights granted under this Agreement; (c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; (d) you will ensure that all Digital Books delivered under the Program comply with the technical delivery specifications provided by us; and (e) you will be solely responsible for accounting and paying any co-owners or co-administrators of any Digital Book or portion thereof any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable hereunder. To the fullest extent permitted by applicable law, you will indemnify, defend and hold Amazon, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys' fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing.

6 Ownership and Control of Amazon Properties/ Feedback. Subject to the authorizations you grant to us under this Agreement, as between us and you, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your Digital Books. We retain all ownership rights in and to the copyrights and all other rights and interests in and to the Program and the Amazon Properties. We are solely responsible for, and will have full discretion with respect to the terms, features, and operation of the Program and the Amazon Properties and related marketing, but our use of the Digital Books will be subject to the terms of this Agreement. In the event that you elect to provide suggestions, ideas, or other feedback to Amazon or any of its affiliates in connection with the Amazon Properties or the Program ("Feedback"), Amazon and its affiliates will be free to use and exploit the same in any manner without restriction and without any need to compensate you. This Agreement does not 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. Nothing in this Agreement restricts any rights we may have under applicable law or a separate permission.

7 Confidentiality. You will not, without our express, prior written permission: (a) issue any press release or make any other public disclosures regarding this Agreement or its terms; (b) disclose Amazon Confidential Information (as defined below) to any third party or to any employee other than an employee who needs to know the information; or (c) use Amazon Confidential Information for any purpose other than the performance of this Agreement. You may however disclose Amazon Confidential Information as required to comply with applicable law, provided you: (i) give us prior written notice sufficient to allow us to seek a protective order or other appropriate remedy; (ii) disclose only that Amazon Confidential Information as is required by applicable law; and (iii) use reasonable efforts to obtain confidential treatment for any Amazon Confidential Information so disclosed. "Amazon Confidential Information" means (1) any information regarding Amazon, its affiliates, and their businesses, including, without limitation information relating to our technology, customers, business plans, promotional and marketing activities, finances and other business affairs, (2) the nature, content and existence of any communications between you and us, and (3) any sales data relating to the sale of Digital Books or other information we provide or make available to you in connection with the Program. Amazon Confidential Information does not include information that (A) is or becomes publicly available without breach of this Agreement, (B) you can show by documentation to have been known to you at the time you receive it from us, (C) you receive from a third party who did not acquire or disclose such information by a wrongful or tortious act, or (D) you can show by documentation that you have independently developed without reference to any Amazon Confidential Information. Without limiting the survivability of any other provision of this Agreement, this Section 7 will survive three (3) years following the termination of this Agreement.

8 Limitation of Liability. THE PROGRAM IS PROVIDED "AS IS." WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES DUE AND PAYABLE BY AMAZON UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PUBLISHER ACKNOWLEDGES AND AGREES THAT AMAZON CANNOT ENSURE THAT DIGITAL BOOKS SUBMITTED BY OR ON BEHALF OF PUBLISHER WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES AMAZON MAY MAKE APPLICABLE IN CONNECTION WITH USE OF DIGITAL BOOKS, AND AMAZON WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. KDP RELIES ON COMPLEX SYSTEMS AND PROCESSES.  WE STRIVE TO MAKE OUR SYSTEMS AND PROCESSES ERROR-FREE AND EFFICIENT, BUT WE CANNOT GUARANTEE THAT THEY WILL BE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES.

9 Force Majeure. Amazon will not be liable to you for any failure or delay in the performance of its obligations hereunder caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.

10 General Legal Provisions. This Agreement may not be amended, except in writing signed by both parties or as provided in Section 2 above. If any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The parties to this Agreement are independent contractors. Each party will bear its own costs and expenses in performing 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 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. Neither party may assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other, except that (a) Amazon may assign any of its rights and obligations under this Agreement without consent and (b) you may assign all of your rights and obligations under this Agreement to any corporation or other entity without consent in connection with the sale of all or substantially all of your assets, but you must give Amazon written notice of the assignment no later than ten (10) business days following the assignment. Subject to the foregoing limitation, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS OR THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. YOU HEREBY IRREVOCABLY CONSENT TO AND WAIVE ANY OBJECTION TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS LOCATED AT KING COUNTY, WASHINGTON WITH RESPECT TO ANY CLAIMS, SUITS OR PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies. 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 delivered (i) if by an Amazon party, via email, via a posting on the Program website or via a message through your Program account, or (ii) if by you to Amazon Digital Services, Inc., via email to kdp-support@amazon.com with a copy to contracts-legal@amazon.com, and if by you to Amazon EU S.à.r.l., via email to eu-kdpcontractnotice@amazon.lu with a copy to eu-contracts@amazon.lu. Notices will be effective and deemed received on the date transmitted or posted.

Terms and Conditions for Optional Programs and Services
KDP Select Option Terms and Conditions.

KDP Select is an option for KDP publishers. Through KDP Select, for an initial period of 90 days your Digital Book is exclusive to Kindle and is included in the Kindle Owners’ Lending Library Program where it will earn a share of a monthly cash fund when readers borrow it. Also, you can promote your Digital Book as free for up to 5 days during these 90 days. Before including your book in KDP Select, please read these terms and conditions carefully.

1 Exclusivity. When you include a Digital Book in KDP Select, you give us the exclusive right to sell and distribute your Digital Book in digital format while your book is in KDP Select. During this period of exclusivity, you cannot sell or distribute, or give anyone else the right to sell or distribute, your Digital Book (or a book that is substantially similar), in digital format in any territory where you have rights.

2 KDP Select Benefits.

2.1 Free Promotions. You can schedule one or more free promotions for your Digital Book for a total period of 5 days during each 90-day period your Digital Book is in KDP Select. A free promotion is the offering of your Digital Book to customers for a price of zero. You will not receive any Royalties on your Digital Book during a free promotion. Free promotions may not be available for sales to customers in certain countries. If you don’t use all 5 free promotion days during the 90-day period, you can’t roll them over to future periods. Scheduled start times and end times of free promotions are approximate due to potential system latencies. 2.2 Inclusion in Kindle Owners’ Lending Library Program. Digital Books included in KDP Select will be automatically included in the Kindle Owners’ Lending Library Program described in more detail here. The Kindle Owners’ Lending Library Program will be available on Amazon.com and may not be available on international Amazon websites or to customers outside the United States. Your Digital Book will not be available through the Kindle Owners’ Lending Library Program during any period when it is available for free in the Kindle store.

2.3 KDP Select Fund. We will establish a fund on a monthly basis and you will earn a share of that fund for each of your Digital Books included in the Kindle Owners’ Lending Library Program. Your share will be calculated as the number of times that the Digital Book has been borrowed during the month as a percentage of the number of times all KDP Digital Books have been borrowed, multiplied by the fund amount we establish for that month. This share is your total Royalty for borrows of that Digital Book through the Kindle Owners’ Lending Library Program. For example, if the fund for a particular month is $500,000, your Digital Book is borrowed 1,500 times, and all participating Digital Books are cumulatively borrowed 100,000 times, your Digital Book will earn $7,500 ($500,000 x 1,500/100,000 = $7,500). We will determine in our sole discretion the criteria for determining which borrowing events qualify for this calculation. A maximum of one borrowing per customer will qualify. We may publically announce the top Digital Books borrowed, including the author, publisher, number of borrows and KDP Select fund royalties earned.

3 Period of Participation and Automatic Renewal. Once you include a Digital Book in KDP Select, your Digital Book will be in KDP Select for a period of 90 days, unless we remove your Digital Book from KDP Select. Your Digital Book’s participation will automatically renew for additional 90-day periods, unless you opt out through the KDP website before renewal. We can end KDP Select at any time in our discretion; if we do, these terms and conditions will no longer be in effect, except Section 5 will survive. A customer who borrows your Digital Book can continue to keep it checked out for as long as they want, including after your Digital Book’s participation in KDP Select ends.

4 Book Eligibility. Because this option is for exclusive content, if you do not control the exclusive rights to your Digital Book or the primary content in your Digital Book, you cannot include it in KDP Select. For example, if your Digital Book consists primarily of content that is in the public domain or licensed by you on a non-exclusive basis (i.e., if others can also publish this content), you cannot include it in KDP Select. We reserve the right to determine the types of Digital Books that we accept in KDP Select. We can choose not to accept your Digital Book in KDP Select or to remove it from KDP Select at any time in our discretion.

5 Your Commitment. Your commitment to these terms and conditions is important, and the benefits we provide to you as part of this option are conditioned on your following through on your commitments. If you un-publish your Digital Book, we will remove it from the Kindle Owners’ Lending Library, but you must continue to comply with these commitments, including exclusivity, through the remainder of the Digital Book’s then-current 90-day period of participation in KDP Select. If you don’t comply with these KDP Select terms and conditions, we will not owe you Royalties for that Digital Book earned through the Kindle Owners’ Lending Library Program, and we may offset any of those Royalties that were previously paid against future Royalties, or require you to remit them to us. We may also withhold your Royalty payments on all your Digital Books for a period of up to 90 days while we investigate. This doesn’t limit other remedies we have, such as prohibiting your future participation in KDP Select or KDP generally.

Recent Changes
We updated the Agreement on the date listed at the top of this Agreement. Below is a summary of the principal changes contained in the revised Agreement. You should carefully review the revised Agreement in its entirety to ensure you understand fully all terms of the revised Agreement.

• We added the last two sentences in Section 8.
• We modified the second sentence of Section 1 of the KDP Select Option Terms and Conditions. 

The Evil Empire Must Die

Art by DAMNFX from National Geographic
I may not be a lawyer, but I read this contract carefully about five times. There is nothing in it that says my book will be offered free of charge to Prime Members.

But the contract is not the issue. The issue is the fact that Prime Members are allowed to download thousands of eBooks for free without remuneration to the authors. This is very similar the Napster case several years ago.

I just need to find a law firm big enough with brass balls to take on a case of this magnitude. Believe me, I intend to devote the rest of my life to taking Amazon down, and the lawyer who takes on this case will win a settlement that will enable them to retire, and have enough money to give to their great grandchildren so they won't have to work either. Taking down Amazon is like taking down the biggest pharmaceutical company in the world.

I am doing this for my daughter, Samantha, who wants to be a writer, and has exceptional talent. I am doing this to save an arrogant industry from being slaughtered by an evil leviathan that wants to monopolize the digital world. They must be stopped. It must be. And I will be the one to sacrifice myself for future generations and the rights of creative artists across the world. I will not rest until I have accomplished my mission.

Please, if you are a creative artist, and you resent being exploited in this digital age, join me in the good fight against an Evil Empire that threatens to corner the market on consumer digital information.

All my love,

James M. Weil

 
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