Terms of Service

Updated April 10, 2014 

Returns and Refunds. No refunds for eBooks or Memberships.

PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME (“Terms”), ARE A BINDING AGREEMENT (“Agreement”) BETWEEN YOU (“End Users,” “Authors,” “Author Agents,” and “Publishers” as defined below) AND Wild Spirit Energies LLC and/or Wild Spirit Press (“WARP Place”).

By using the service available at www.WARPPlace.com and affiliated domains (the “Site”), you agree to the terms governing the applications, features, and functionality available on or through the Site (The “Service”). If you do not agree with these terms, do not use the service.

The following describes how users of the Site who review or purchase downloadable digital books (“End Users”) can download material and how they may review or use that work by the person or entity who posted the work (the “Author” or “Publisher”). For the sake of simplicity, this Terms of Service may use the term Author and Publisher interchangeably. The term “Author’s Agent” refers to the Author’s duly authorized representative, who is fully authorized and empowered to act on behalf of the Author in all matters described in this Agreement, and who may be authorized to collect and receive directly the monies otherwise payable to Author (or “Publisher”).

The following also describes the rights and responsibilities of the Author and WARP Place. Any user of this Site who downloads, reads or previews any Work on the Site is referred to as an “End User.”

1. The Grant and the Territory. The Author hereby grants and assigns to WARP Place the nonexclusive worldwide right to digitally publish, distribute, market and sell (“Publish”), and to license others to do so, the work identified on the front page of your submission (the “Work”). Since the terms of agreement with WARP Place, herein, is non-exclusive, the Author or Publisher is free to Publish, license, market and sell their work elsewhere so long as the Author or Publisher is not violating someone else’s agreement or violating any laws.

2. Publication. WARP Place will generally Publish any such submissions that do not violate or do not appear to violate the Agreement.

3. Publication of Work As Is. Generally, WARP Place will Publish Author’s Work as it is delivered to us and not edit or otherwise modify the Work. Certain modifications may occur caused by file or design conversions. WARP Place does not guarantee accurate preservation of the original Work’s formatting.

4. Publication at Option of WARP Place. WARP Place may decide not to Publish Author’s work or may decide to discontinue its publication of Author’s work for any reason and for no reason, and no reason need be provided. Except in the cases of gross violations of this Terms of Service, WARP Place will make every attempt to provide reasonable notice to Author via email, up to and including providing instructions on how to remedy potential issues that might prevent WARP Place from listing a title, and/or with recommendations for formatting vendors that can help the author format their work for the eBook market.

5. How to “Unpublish” Works from WARP Place. WARP Place may Publish the Work until Author of the Work decides to unpublish the work (to unpublish, send email to; admin@WARPPlace.com with “unpublish” as the subject and the reason in the email text). If author is unable to access the site, the author may notify WARP Place in writing to remove the Work. After that notice, WARP Place will remove the work from WARP Place.com within five business days. WARP Place will do its best to assist authors and publishers to have their works removed, and to ensure authors/publishers who terminate their WARP Place accounts receive full payment for sales that may occur after account termination. Do not contact WARP Place first and ask to have your account deleted, as this will not remove your book from the WARP Place eBookstore. After you have unpublished your book, and after you have confirmed you have removed the book, then you may contact WARP Place if you want your account deleted (and please inform WARP Place you have confirmed the book is no longer in the WARP Place eBookstore).

6. Distribution in the WARP Place eBookstore. In December 2013, WARP Place announced it will begin distributing its authors’ and publishers’ eBooks to many websites. In support of this exciting new service, WARP Place has created the WARP Place eBookstore, a subset of WARP Place titles that meet the mechanical requirements of our website partners. Our intention is to help every WARP Place author or publisher who desires distribution to receive it. WARP Place reserves the right to withhold distribution for any reason.

7. Removal of poorly formatted works. At the top of the upload page where authors publish their works, WARP Place clearly communicates to all authors and publishers their responsibility to format their books right for our eBook conversions prior to uploading a manuscript to WARP Place. WARP Place, at its option, may without warning delete the accounts of authors and publishers who blatantly ignore the formatting requirements, add heavy spam to their eBooks, or try to manipulate our system. We urge all WARP Place authors not to waste the time of WARP Place, our retail website partners or our readers.

8. Removal of Infringing or Defamatory Work of Author. WARP Place takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an Infringed party and pursuant to our DMCA policy [see policy at end of this document]. Generally, upon receipt of a written notice from a party infringed or defamed by Author’s material (or someone purporting to be his agent, publisher, attorney in fact or assign), WARP Place will remove the Author’s Work and reserves the right to remove any and all information about the Author, the Author’s Work or the publisher from the Site.

9. Infringement by Others Upon Author’s Work. If an Author or copyright holder learns that a third party is violating Author’s copyright or pirating or illegally distributing a WARP Place-published work, the Author shall inform WARP Place; however, it is the Author’s responsibility to seek relief from the offending parties. If that work is published on WARP Place, WARP Place will remove it per section 3a above.

10. Rights Clearances and Other Legal Matters. It is Author’s responsibility to secure permissions to the Work prior to the time Author submits such work if any material from the work belongs to, or has been licensed to, someone else.
Copyright. The copyright in the Work shall belong to the Author or the party that Author cites as the copyright holder. Author shall be solely responsible for filing its copyrights and any other intellectual property with the appropriate governmental body. It is the Author’s responsibility to place a copyright notice on the copyright page or some other prominent place in the Work.

11. Formats of Digital Conversions. Author shall submit their Work as a Microsoft Word .doc file. WARP Place shall utilize its team and systems to convert the book into multiple eBook formats, and publish the work for use in sampling, distributing and selling the work. The author/publisher is not authorized to independently sell or distribute WARP Place-generated file conversions outside of the WARP Place site or WARP Place distribution network without first receiving written permission from WARP Place (in other words, you cannot use WARP Place as a free file conversion service so you can sell the files elsewhere). You acknowledge that if you violate this requirement, you may forfeit any accrued earnings at WARP Place, and your account may be deleted without notification.

12. Royalties. So long as the proper copyright protection subsists in the Work, no infringement notices have been filed, and revenues directly attributable to the Work are being collected by WARP Place, the Author and/or publishing party shall be entitled to the following payments:

13. Royalty Rates. The proceeds to the author or publisher will vary based on the sales outlet, and the method of the sale. For sales that originate at WARPplace.com, WARP Place pays authors/publishers straight 75% of the net proceeds from all sales and all eBooks for sale on WARP Place are priced at $10 equally.

14. Free Copies. As administrator of your work, Author may use the WARP Place platform to distribute complimentary copies of the work, or personally email free files to people, even when you are generally charging a fee. However, WARP Place files cannot be mass-distributed via download at blogs, websites or other retailers outside the WARP Place network.

15. Promotional Rights. WARP Place shall have the right to distribute samples of the Work in any form of media, including printed media, in order to promote (a) the author or author’s Work and/or (b) the WARP Place service. These samples will be licensed for free, noncommercial use, duplication and sharing, and will comply with the sample percentage authorized by the Author.

16. Crawlable or Other Searchable Rights. WARP Place shall have the right to drive traffic to the Author’s Work on the WARP Place Site through (a) general Search Engine Optimization services (b) crawlable, promotional hypertext links or (c) arrangements with third parties which make searchable certain sample portions of the Work. In the event that revenue is realized by WARP Place from this arrangement, it shall be treated as an electronic edition under Section 6a.

17. Other Subsidiary Rights. Other than stated above, WARP Place, in its current version, shall only Publish electronic versions of the Work, and retains a 10% subsidiary rights fee to the Work including hardcover or paperback editions, audio editions, multimedia editions, theatrical editions, first and second serial rights or media rights other than the electronic version distributed on our Site. Therefore, if another publisher will allow you to keep electronic rights to the Work, you may continue to Publish the Work electronically while publishing a printed version of the Work with a print publisher as long as we WARP Place gets 10% royalty paid ( which 50% will go to WARP Foundation, for ECO Friendly Work for the Planet Earth). These rules are subject to change from time to time, upon electronic or other notice to the End-users and any other users.

18. Author-Controlled Terms. The Site allows Author to control on-line book signings, on-line chat meetings with users about their books, promotional videos, and contest entries of their works.

19. Statements and Payments of Author Royalties:
(Although WARP Place will refer in this agreement to “Royalties” for the sake of simplicity, payments to authors in the eyes of the IRS are really “other income.”) WARP Place pays author (or Author’s Agent) earnings on a quarterly basis, approximately 40 days following the close of each calendar quarter. Authors can track their real-time sales and anticipated earnings payments by visiting the Dashboard feature from their WARP Place account. From the Payee Page, authors, agents and publishers can select their payment method of paper check (US authors/publishers only) or PayPal. Paper checks require accrued earnings of $75.00 or more. For PayPal, the required accrued earnings are $10.00. If accrued author’s, agent’s or publisher’s aggregate earnings are less than the threshold, WARP Place will delay payment until such quarterly period as the total earnings due exceed the threshold. If WARP Place overpays earnings, such as in cases when fraudulent or unauthorized purchases are charged back to WARP Place after earnings payments are made, then WARP Place will deduct the funds owed from the author’s, agent’s, or publisher’s aggregate accrued earnings. If the amount owed exceeds the author’s, agent’s, or publisher’s aggregate accrued earnings, the author (or agent) agrees to remit a payment back to WARP Place within 20 days of notification to adjust the overpayment. Sales transacted at the WARP Place.com web site are reported in real time. Sales reporting for sales transacted via WARP Place retail website distribution partners are reported when the website retailer reports back to WARP Place, usually once per quarter.

20. Tax withholding: The United States Internal Revenue Service (IRS) requires WARP Place to withhold taxes from net proceeds in cases where either proper tax information is not provided. For US residents and US businesses, WARP Place requires a SSN or EIN, plus a valid US postal mailing address.

21. Author’s Warranties. The warranties and representations contained in this Agreement extend to Author and its licensees and successors and assigns. By uploading content to WARP Place, you agree that any violation of the warranties below may result in immediate deletion of your account and the forfeiture of accrued earnings.

22. By submitting Your Work to WARP Place for publication. You, the Author or the Author you represent (if you are an Agent or Publisher) author’s Publisher or Agent or Distributor, warrant and represent that the work is complete and the author:

  • is the only author of the Work;
  • is the sole owner of the rights herein granted;
  • has not assigned, pledged, or encumbered such rights or have not entered into any agreement which would conflict with the rights granted to WARP Place herein; and agrees not to do any of the aforementioned without first unpublishing the work at WARP Place
  • has full right, power, and authority to enter into this Agreement and to grant the rights granted herein

You further warrant that the Work contains no materials that:

  • violate any right of privacy which is libelous or violate any personal right or other right of any kind of any person or entity (this includes publishing a person’s private email address without their permission;
  • would violate any of Your contracts or would disclose any information given to You on the understanding that it would not be published or disclosed;
  • plagiarize or pirate any other work or infringe upon any copyright, trademark or other proprietary right;
  • are injurious to End-Users or others including but not limited to recipes, formulae or instructions
  • violate state and federal laws.
  • advocate hateful, discriminatory or racist views or actions toward others
  • advocate or condones violence against another person, whether or not the other party is a willing participant
  • advocate illegal activities
  • advocate the use of Private Label Rights (PLR) content to make money on the Internet, or the modification of such content for the creation of Internet content
  • contain images or illustrations depicting individuals perpetrating graphic violence upon another individual or individuals
  • contain hyperlinks to affiliate marketing pages, especially if the eBook is published for the sole intent of publishing hyperlinked content that directs readers to affiliate marketing pages
  • advocate or promote “systems” about how to make money on the Internet by publishing eBooks
  • contain SEO keyword spam, either in your manuscript or your metadata tags
  • contain advertisements for services, or contain partial books for the purpose of promoting the purchase of the same book elsewhere or on WARP Place

If you publish erotica content, neither the book cover nor the book interior may contain graphic images of nudity (either photographic or illustrated) or persons involved in sex acts, and does not include children or underage minors engaged in sexual acts or situations, witnessing such situations, considering sexual acts, or thinking about sexual acts.

Fine art books of a nonerotic nature that contain nudity may be accepted on a case-by-case basis at the sole discretion of WARP Place and/or its retail partners.

You warrant that this work is not the same book you previously published at WARP Place, then republished as a new book for the sole purpose of having it appear as a new book again.

You further warrant the book meets the following standards for originality:

  • this is not a public domain work;
  • the book does not include word-for-word scrapes—or is not a compilation—from Wikipedia or other public domain, government or commercial services;
  • your books do not and will not appear elsewhere on the Internet authored by people other than yourself or by pen names (pseudonyms) different from your pen name at WARP Place;
  • none of your book content, either in part or in its entirety, is sourced from “Private Label” rights articles, article “spinners,” or eBooks or information sources which license the same content to other people;

You further warrant the book represents a complete work and should state that it’s not if it’s not a complete work in the description if it is uploaded for compilation from the WARP Place user base. It should state clearly:

  • this is or is not a work-in-progress;
  • the uploaded file is or is not a partial sample or sample chapter, or is not a collection of sample chapters, or not simply a catalog advertising other books
  • the uploaded book represents or does not represent a complete story with a beginning, middle and end; is not or is a short serial

23. End Users. “End-Users” who pay $10 fee to purchase a Work are allowed to use each copy of the Work in any reasonable noncommercial manner in compliance with copyright law and pursuant to this Agreement.

24. Rights of Use.

  • Purchased works: As End User, you acknowledge that all Work furnished by WARP Place is licensed for the use of the End Users of the Site and may not be sublicensed or resold. If you purchase a work, you hold a non-exclusive, non-transferable, and non-distributable right of use. In other words, you are free to enjoy it for your own use, but you are not authorized to share, sell, or distribute the work to others.
  • Free works, including sample works: Free works and sample works published at WARP Place are the copyrighted material of the author or publisher, and therefore are not authorized for redistribution without prior written consent from WARP Place. Third parties are not authorized to download, host and otherwise redistribute WARP Place books without prior written agreement from WARP Place. Directory services and affiliate marketers may reproduce the metadata information found on each book’s book page (cover image, book description, price, etc.) provided hyperlinks direct visitors to the WARP Place book page, and provided users are not charged for access to these listings, and are not required to register their personal information to gain access to these listings.

25. Fees and Services. By using the Site the End User eBook customer is agreeing to pay the fees as presented by WARP Place at the time of purchase. End User will have an opportunity to review and accept the fees for the purchase End User is requesting prior to payment. All purchases are final and non-refundable. The Site may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Site.

26. Abusing WARP Place. WARP Place and its users work together to keep the Site working properly. Please report problems and policy violations to WARP Place. The warranties and representations contained in this Agreement extend to End Users and other licensees and successors and assigns of WARP Place. End Users agree while using the Site, Services or Work you agree to not:

  • violate any laws, third party rights, or any policies which we have posted on the Site from time to time;
  • upload any material which violates this Terms of Service;
  • use the Site, Service or Work if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
  • circumvent or manipulate our fee structure or the billing process;
  • use robots, spiders, shills or other methods in an attempt to unfairly game the site’s ranking systems for downloads, reviews and sales, or hire others to do the same
  • engage in advertising, marketing, spam, chain letters, or pyramid schemes involving or using the Work from the Site;
  • distribute viruses, malware or any other technologies that may harm WARP Place, or the interests or property of WARP Place users; or
  • copy, modify, or distribute content from the Site, or WARP Place’ copyrights and trademarks; or
  • engage in abusive or profane behavior toward WARP Place, its employees, its authors or fellow users.

Without limiting other remedies, we may limit, suspend, or terminate the Service and End User accounts, revoke earnings, prohibit access to our Site, demand return or destruction of any Work improperly taken or used from the Site or Service and take technical and legal steps to keep users off the Site if we think that they are creating problems or legal liabilities, or acting inconsistently with the letter or spirit of our policies.

27. Ownership. You acknowledge and agree that the WARP Place Site and Service are proprietary to WARP Place and that the Work is proprietary to the Author; that none are proprietary to End User.

28. Termination. Either party may terminate this agreement this Agreement at any time without notice. Registered WARP Place members may cancel their membership at any time, and published WARP Place authors may unpublish their book listings at any time. However, purchased books will not be removed from customers’ accounts, either at WARP Place or at WARP Place-supplied retailers. When an author or publisher unpublishes a book at WARP Place, this causes automated systems at WARP Place to transmit take-down notices to WARP Place website retailers, which usually go out once per week. It typically takes anywhere from two days to two weeks for WARP Place website retail partners to remove listings once we notify them.

29. Indemnification.

30. General. You (Author or End User) will indemnify and hold WARP Place and its licensees, successors and assigns, and its and their distributors, customers, officers, directors, members, employees and agents, harmless against any expense (including, but not limited to, reasonable attorneys’ fees and disbursements) or judgment, settlement or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by You in this Agreement.

31. Notice of claim. Upon receiving notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with or contrary to any of the warranties or representations contained in paragraph 10, WARP Place shall have the right to withhold any sums payable to the Author in reasonable amounts as security for the payment of the Author’s potential obligations pursuant to the indemnity contained in this paragraph 13. It is intended that the right granted by this subparagraph 13b shall not be unreasonably or frivolously exercised by the WARP Place.

Disclaimer of Publisher’s Warranties.

32. DRM, Piracy and the “Trust” System. WARP Place is a strong proponent of author’s rights, and the right of authors and copyright owners to receive compensation for their digitally published Works. Therefore, WARP Place strongly discourages piracy/infringement of Author Work and encourages customers to purchase licensed copies. However, WARP Place does not publish works containing digital rights management schemes that limit the customer’s ability to consume Author’s Work as they see fit. Therefore, WARP Place cannot completely prevent piracy/infringement of Author’s Work (the reality of the matter is that even DRMed content can be reproduced and pirated, just as easily as a printed book can be scanned and digitized). When Author lists the Work on WARP Place you are trusting the consumer to honor your legal copyright and abide by the licensing terms you set. There is a growing body of evidence indicating that DRMed Works do not sell as well as non-DRMed Work because customers resent limitations and don’t appreciate being mistrusted. Non-DRMed Works often outsell DRMed Works by leveraging the viral nature of uninhibited sampling and sharing which can dramatically increase your total audience and sales opportunities. There is also evidence that by pricing your Works for less than printed equivalents, you can further decrease piracy and increase sales volume. You understand that WARP Place is distributing the Works according to this so described Trust system.

33. Events Voiding Warranty. WARP Place does not warrant the (a) defects caused by failure to provide a suitable installation environment for the Product, (b) damage caused by disasters such as acts of God, wars, riots, strikes, terrorism, governmental restrictions, fire, flood, wind, and lightening, (c) damage caused by unauthorized attachments, modifications or misconfigurations to the WARP Place Environment, or (e) any other abuse or misuse by Author or the End-Users. Any breach of the End-User License Agreement by or on behalf of an End-User, including, without limitation, unauthorized modification or distribution of the Product or any portion thereof, will void any and all warranties.


35. LIMITATION ON DAMAGES. IN NO CASE SHALL WARP Place BE LIABLE TO AUTHOR OR END-USERS, OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN NO CASE SHALL WARP Place OR ITS RETAILERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, MISPRICINGS, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is the Author/Publisher’s responsibility to monitor retailer listings and report errors to WARP Place, in which case WARP Place on a best efforts basis will strive to work with the retailer to correct the error. In the event that WARP Place is found liable for any damages, for any reason whatsoever, Author hereby expressly agrees that, in no event will WARP Place’ liability to Author exceed the amounts collected by WARP Place for the Author’s book in question.

36. Entire Agreement. This Agreement is the entire agreement between the parties concerning the subject matter hereof.

  • Governing Law; Severability. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California. If any portion of this Agreement is held invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
  • No Agency. No agency, partnership, joint venture or other joint relationship is created hereby.
  • Legal Action. Venue for all purposes hereunder shall be in Santa Clara County, California, and the parties hereto hereby consent to such jurisdiction and venue. If any action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
  • Acknowledgement. By using the Service you acknowledge that you have read this Agreement, understand it and will be bound by its terms.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and the year upon which the Author first approved such Terms of Service.

37. Anti-Spam Policy and Enforcement. WARP Place does not engage in spam, nor does it share, rent or sell the personal contact information of its members with third parties.

WARP Place authors are prohibited from promoting their works via spam email (sure signs of spam: false “senders” or “reply to” addresses, inoperable or nonexistent unsubscribe/remove options, multiple receipts of the same email, superfluous text designed to confuse spam filters, and misleading subject lines). WARP Place authors who are found to be spamming will risk termination of their account, removal of their works and forfeiture of accrued earnings. If you believe you have been the recipient of a spam email from a WARP Place author, please forward the entire email message, with full headers on, to spam@WARP Place.

38. Digital Millennium Copyright Act (DMCA) Notice Policy

WARP Place is a distributor and does not own the works uploaded to WARP Place. When authors, agents or publishers upload material to WARP Place, they certify their agreement to this Terms of Service, in which they certify they are legally permitted to upload such works. Allegations of copyright violations against WARP Place authors, agents, and publishers are extremely rare. Nevertheless, WARP Place maintains a zero-tolerance policy regarding copyright infringement and we welcome infringed parties to notify us if they believe their material is being distributed by WARP Place.

If you feel that content posted on the WARP Place Site infringes on your copyright(s), please immediately contact the WARP Place support team by emailing admin@WARPPlace.com with the subject line “Infringe”.

If WARP Place takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent known email address. The infringing party may be held liable for damages based on material misrepresentations contained in the infringement notice.

39. To help us help you, infringement notices should include:

  • an electronic signature and full name, address, phone number and email address of the copyright owner and the person authorized to act on their behalf;
  • an identification of the copyright claimed to have been infringed;
  • the location and nature of the content that Infringed party claims to have infringed upon its copyright, in sufficient detail to permit WARP Place to identify that content;
  • hyperlinks, if available, to the original author’s (the infringed party) work to help WARP Place investigate and support your case;
  • and a statement by the Infringed: (1) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (2) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and (3) a statement that you are either the copyright owner or a person authorized to act on their behalf.

Upon receipt of a written notice from a party infringed or defamed by Author’s material (or someone purporting to be his agent, publisher, attorney in fact or assign), WARP Place may remove the Author’s Work and reserves the right to remove any and all information about the Author, the Author’s Work, or the Publisher from the Site.

WARP Place may allow corrected or legally vetted versions of the purportedly infringing or defamatory Work to be posted again:

  • with a stipulation between the parties that they have resolved their dispute,
  • a court order,
  • or a certification by an independent attorney in whose professional opinion states that in the current version, the infringing material of which the purportedly infringed party has complained has been removed from the Work.

40. Privacy Policy. WARP Place has strict policies to protect the privacy of WARP Place authors, publishers and customers. The privacy policy is clearly linked at the bottom of every WARP Place web site page. Click here to read the WARP Place Privacy Policy.

Thank you for reading. Your comments and feedback are welcome.

WARP Place Corporate Office Address

Wild Spirit Energies
Wild Spirit Press
11000 E. Yale Ave
Aurora, CO 80014-1753