Welcome to XinXii. These Terms & Conditions ("Terms") are an agreement, made for participation in our digital self-publication and distribution service ("Service"). It is a binding agreement bewteen you ("User", "Provider", "End User") and XinXii. By using XinXii ("XinXii", "we", "us" or "site", including xinxii.com and its related sites xinxii.de, xinxii.es, xinxii.fr, xinxii.nl, services, functionalities, features and tools), you agree to the following Terms. Given the importance of the Terms, we encourage you to study them carefully.
Before you may use our site and register for our Service, you must read and accept all of the Terms in, and linked to, these XinXii Terms & Conditions. By accepting, you agree that all terms will apply whenever you use XinXii. The Terms are also valid when a user uses the service at a location outside of the Federal Republic of Germany. If you don't accept the terms, you are not entitled to use XinXii.
XinXii and its service will change over time and the terms of this Agreement will need to change over time as well. We reserve the right to change these terms. Changes will be effective on the date we post them. You are responsible for checking for updates. If you do not agree to the changes, you must withdraw your content from further distribution through our service.
2.1 In order to use XinXii must: (a) have an active member account on XinXii ("account"); and (b) be at least 18 years old or the legal age of majority in your place of residence. Legal entities may only be registered by a natural person with representation rights, who must be named. Upon registration, only individual persons may be declared as owner of a member account.
2.2 If you register at XinXii, you are obligated to provide true, exact, current and complete information. You are allowed to publish under a pen name or pseudonym, but you may not choose a name that violates anyone's trademarks, publicity rights or other rights. You are responsible for any liability due to the name you choose.
2.3 You agree to accept responsibility for all activities that occur under your account or password. Your account cannot be transferred to a third party.
3.1 "Digital works" refers to all digital content (eBooks, audiobooks, text files), which you place on our sites or purchase through it.
3.2 XinXii enables persons ("Authors", "Publishers" = "Providers") who have created digital works to market these via various media (Internet, mobile devices):
3.2.1 XinXii runs an online marketplace where a user can publish digital works free of charge by uploading files to ist database and selling them on the online marketplace ("Provider"), and where people can purchase and download these files ("End Users"). XinXii offers the user access to its database. XinXii is not obligated to accept specific digital works and is entitled to refuse to publish specific digital works on its online marketplace or to delete entries without stating a reason. This shall apply in particular in the event of a breach of these terms. An End User shall also be able to evaluate digital works he or she has purchased. XinXii itself shall not offer any digital works on the online marketplace and shall under no circumstances act as publisher.
3.2.2 XinXii also offers Providers the opportunity to sell their digital works through distribution partners as well. The Provider shall grant us the right to make publicly available and/or to distribute the digital works, cover, reading samples, and other work-related contents (e.g. the title and the description) on the distribution partners’ websites for the purposes of marketing the digital work, to mention the name of the author or his/her pseudonym in the process, and to grant the distribution partners all rights necessary in this regard. All digital works offered via us shall include the notice "E-Book Distribution by XinXii - www.xinxii.com" on the imprint page of the digital work. For this purpose, the Provider shall grant us the right to integrate the short text into the imprint page. Providers can choose their preferred sales channel(s) during the upload process. XinXii informs all Providers about new distribution partnerships via E-Mail. Once an E-Book is distributed, XinXii automatically distribute it to the new online retailer, unless the Provider contradicts within 10 days of the receipt of the E-Mail (opt-out).
We expressly point out that we are not obligated to distribute digital works to partners. We are entitled to refuse the distribution of digital works to partner sites without stating a reason.
The conversion to ePub and mobi format, the formatting on the basis of the uploaded data set (Layout) as well as the validation would be undertaken by XinXii free of charge. Should the distribution of an eBook be cancelled by the author within the period of 3 months, XinXii charges allowance in the amount of 9,99 EUR (12,99 USD; 8,49 GP), VAT included. The cancellation of the distribution takes place after payment via PayPal or bank transfer. If the author requests editing/actualization of already converted eBooks (change of cover or text editing of the eBook), this would be done one time free of charge by XinXii. For each further modification, XinXii charges a processing fee in the amount of 9,99 EUR (12,99 USD; 8,49 GP), VAT included, the modification takes place after in-payment via PayPal or bank transfer. Editing of the description, the price and/or the distribution channels remain free of charge.
3.3 We are authorized to contract third-party service providers and vicarious agents to provide parts or the complete scope of performance.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold XinXii, its directors, employees and partners 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.
4.1.1 You have sole responsibility for the contents of your registration and for the digital works, which you upload in our database. You warrant that all data entered are true. You confirm to have full right, power, and authority to enter into this Agreement and to grant the rights granted herein.
4.1.2 By using our service, you warrant and represent that the author is the only author of the digital work, and that the author is the sole owner of the rights herein granted. You are the author of the digital work or you have provable use rights or rights of exploitation to it. You warrant that you will not place any digital work on XinXii without compliance with the relevant legal provisions of copyrights, competition law, trademark law and rights of exploitation.
4.1.3 It is the Provider's responsibility to monitor retailer listings and report errors to XinXii (support(@)xinxii.com). XinXii will on a best efforts basis strive to work with the retailer to correct the error. In the event that XinXii is found liable for any damages, for any reason whatsoever, Provider hereby expressly agrees that, in no event will XinXiis' liability to Publisher exceed the amounts collected by XinXii for the Publisher's eBook in question.
4.1.4 You warrant that the digital work and any content you publish on XinXii contains no materials which are defamatory, which violate any laws or regulations of any jurisdiction or that are to be considered as obscene, insulting, offensive, pornographic, irritating, racist, xenophobic, extreme right-wing or otherwise reprehensible.
4.1.5 You further warrant not to publish digital works with reseller rights, eBooks acquired via reseller licenses, private label content (PLR eBooks), questionable business proposals, advertising without benefit, etc.
4.1.6 The Provider is obligated not to misuse the system, especially:
Not to use it to threaten or bother other persons or to violate the rights of third parties
Not to insert any references (links) to external websites (especially to shopping sites) and information sources in the publicly displayed description, the table of contents, a sample text or author profile (this is permitted in the publication itself)
To deliver content and files free and clear of viruses, worms and other potentially harmful or disrupting code
Not to use it in a way that negatively affects the availability of the services for other users
Not to intercept e-mails and not to try to intercept them
Not include any advertisements or other content that is primarily intended to advertise or promote products or services, or to promote the purchase of the same digital work elsewhere than on XinXii.
4.1.7 Any kind of manipulation and manipulation attempts on software, databases, servers or the website is prohibited, and complaints will be filed in serious cases. Automatically retrieving the pages through software, frames, scripts or the like, and integrating our pages in automatic visitor exchange systems, are prohibited.
XinXii expressly reserves the right to delete any files from its sites that violate the terms of this Agreement in any way, at any time and without comment. By using our service, you agree that any violation of the warranties below may result in immediate deletion of your account and the forfeiture of accrued earnings.
The digital works sold through XinXii are protected by copyright. The End User is obligated to respect and comply with the copyrights. No originator, user or other property rights to digital works are transferred to the user. The End User is only entitled to use the downloaded digital works for his own purposes. The End User is not entitled to place the digital works or excerpts thereof in the Internet, in Intranets, in Extranets or otherwise make them available to third parties. Public reproduction or other further publication, commercial reproduction and resale are expressly prohibited. The End User may not remove copyright notes, trademarks or other legal reservations from the downloaded digital work. XinXii shall charge a contractual penalty in an amount deemed appropriate by XinXii for each violation; this contractual penalty shall be set by the court responsible in the case of a dispute.
The User is obligated to indemnify XinXii from any type of suits, damages, losses or claims, which could occur due to the user's registration and/or participation in this service, to the extent that such damages are not caused by intentional acts or due to gross negligence of XinXii, its legal representatives or its vicarious agents. The Provider is particularly obligated to release XinXii from any liability and all responsibilities, expenses and claims that result from damages due to defamation of character, insults, violation of personal rights or commercial or industrial property rights and due to a violation of intangible property rights or other rights.
(Although we will refer in these Terms to "Royalties" for the sake of simplicity, payments to authors ("Providers") in the eyes of the IRS are really "other income".) XinXii agrees to pay the Provider up to seventy percent (70%) of net sales received by XinXii through the sale of her/his work. The percentage shall depend on the selling price of the digital work that is set by the Provider herself or himself. If the Provider also wishes her or his digital work to be distributed on other channels, she or he and XinXii are both bound to the distribution partner's conditions in determining the selling price (e.g. the condition that a final selling price must be in the format xx.99). The Provider shall grant XinXii the right to raise the selling price entered by the Provider on XinXii to the nearest .99, if necessary.
5.1 Royalty rates for sales transacted at the XinXii sites
70 percent of net sales
for digital works with a list price greater than $2.49 / £1.59
40 percent of net sales
for digital works with a list price at or between $0.99 and $2.48 / £0.89 and £1.58
|Gross sale price:
Minus 19% VAT:
= Net sale price:
Minus XinXii commission of 30%:
= Earnings for Provider (70%):
5.2 Royalty rates for sales transacted via XinXii distribution partners
For specific conditions for every distribution partner please check the information page in the "My XinXii > Manage Uploads"-section.
5.3 The payment is based on the payments that XinXii actually receives for digital works. This means that fee may be adjusted (if necessary) in cases of unpaid orders or orders that were made with a fraudulent intention.
5.4 Sales transacted at the XinXii sites are reported in real time. Sales transacted via our distribution partners are reported when they report back to XinXii, usually once per quarter. Providers can track their real-time sales and anticipated earnings payments by visiting their XinXii account. If the Provider has at least $26.00 / £17.00 accumulated, she or he can click on "Request Payment" within her or his XinXii account. XinXii then remits earnings at the end of the following month. All payments will be made via PayPal. We may require you to register in your XinXii account a valid PayPal account for receiving payments. If accrued Provider's aggregate earnings are less than the threshold, such earnings will be carried over.
The display of digital works on the marketplace does not represent any legally binding offer, but instead a non-binding online catalog.
6.1 The prices for digital works may be seen in the description of the digital work. The End User is obligated to pay the indicated price for the digital work, and she or he can pay by ClickandBuy, Credit Card or PayPal. All information is sent in an encrypted form under a SSL-Certificate.
6.2 When you click the Order button, you make a binding purchase order for the digital work(s) in the cart. You receive an order confirmation by E-Mail immediately after placing your order. The purchase agreement becomes effective upon the activation of the download link. The invoice is placed in your XinXii account as a PDF-file.
6.3 If you do not receive a download link within two weeks, you are no longer obligated to purchase the digital work. If a download is not successful, you have a right to a second download of the corresponding work within two weeks. In both cases you have to inform us instantly after your checkout. We expressly point out that digital works are excluded from the right to cancel and the right of return.
7.1 Registered XinXii users may cancel their membership at any time by E-Mail (unsubscribe @ xinxii.com). XinXii will the delete all user data within 30 days, unless such data are not required after the point in time of the agreement termination for purposes of proof with respect to mutual payment obligations or with respect to an act contrary to the contract or a wrongful act of the user. During this time, Providers can remove their digital works from the XinXii site at any moment. No rights to the digital works are transferred to XinXii, when the account is deleted.
7.2 Providers, whose digital works are distributed to our retail partners: If you want your XinXii account deleted, please send us a complete list of all titles (unsubscribe(@)xinxii.com). We will then remove your digital works from our site within five business days. The removal from the retail partners' digital shelves may take several weeks. Your XinXii-account is deleted, when all titles are unpublished.
7.3 Either party may terminate this agreement at any time without notice.
7.4 If we terminate this agreement because you have violated these terms, you forfeit all royalties not yet paid to you. If you terminate this agreement without having reached the threshold, you forfeit all royalties not yet paid to you as well.
XINXII WILL IN NO EVENT OR CASE BE LIABLE TO PROVIDERS, END-USERS, OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL 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 CASE SHALL XINXII OR ITS DISTRIBUTION PARTNERS BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, MISPRICINGS, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. XINXII WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY END USER TO COMPLY WITH ANY CONTENT USAGE RULES. The responsibility and liability for uploaded files, their description and presentation are solely that of the Provider. XinXii is not liable for the properties, functionality or freedom from defects of such data. Freedom from viruses or comparable errors is not assured for files uploaded on our sites, and no responsibility is assumed for them. XinXii recommends that every user absolutely use a virus protection program and check all data loaded onto his system before using them. It is the Provider's responsibility to monitor retailer listings and report errors to XinXii. In the case that XinXii is found liable for any damages, for any reason whatsoever, the Provider hereby expressly agrees that, in no event will XinXiis’ liability to Provider exceed the amounts collected by XinXii for the Provider's digital work in question.
If you feel that content posted on XinXii infringes on your copyright(s), please immediately contact us at andrea dot schober at xinxii dot com providing the following information:
A physical or digital signature of the copyright owner.
Sufficient details to permit us to identify the content (hyperlinks).
A statement that the infringed believes in good faith that the use of the content that she/he claims to infringe her/his copyright is not authorized by law, or by the copyright owner or such owner’s agent.
A statement that you are either the copyright owner or a person authorized to act on their behalf, including full name, address, phone number and e-mail address of the copyright owner.,
A statement by the infringed under penalty of perjury, that all of the information contained in the infringement notice is accurate.
11.1 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
11.2 The contractual relations of the contract parties are governed by the law of the Federal Republic of Germany, to the exclusion of U.N. sales law.
11.3 The place of performance and the area of jurisdiction is Berlin, Germany, to the extent legally permissible.
11.4 If one or more provisions set forth in these General Terms & Conditions of Business is or becomes completely or partially invalid, this shall not affect the validity of the remaining provisions. The invalid or partially invalid provision will be replaced with a valid provision that comes as close as possible in fulfilling the economic purpose of the invalid provision.
is a service of GD Publishing Ltd. & Co. KG
Updated July 07, 2012
Partial summary of most recent updates: Due to new distribution partners, we have added the important opt-out-information in section 3.2.2, and the information about a new information page in section 5.2.2.