(Based on PublishDrive’s “Digital Distribution Agreement & Terms and Conditions,” last modified February 12, 2025) [PublishDrive T&Cs]
https://publishdrive.com/terms-and-conditions.html
1. What is PublishDrive & What They Do
PublishDrive is a distribution and publishing platform that lets authors (“Publishers”) upload ebooks, audiobooks, and other digital content and distribute to various retailers (“Stores”).
PublishDrive functions as a non-exclusive distributor: you retain your rights and can publish elsewhere too.
2. Rights & Licensing
- When you use PublishDrive, you grant them a non-exclusive, worldwide license to publish, distribute, market, reformat, and license your work in the territories you select.
- PublishDrive (and its partners) may use a portion of your work for reading samples or promotions (commonly up to 10%, though some stores require 20%)
- You retain full copyright to your work.
- For audiobooks created via PublishDrive (or via an Apple Addendum), PublishDrive may own the derivative rights to the audiobook version itself (but not the original underlying work).
3. Content & Removal Policies
- PublishDrive can refuse to distribute content that violates their rules (formatting, legal, or content concerns).
- You can withdraw a work at any time, but it may take 4–6 weeks (or more) for removal from all stores.
- PublishDrive can also remove your work unilaterally if they deem it offensive, infringing, or otherwise objectionable.
4. Pricing & Royalties
- You set the digital list price, including in different currencies.
- PublishDrive attempts to enforce your price in stores, but some stores may discount or use alternate pricing models. Royalties get adjusted accordingly.
- With print-on-demand, you (the publisher) cover printing, shipping, and related costs, which reduce your effective royalty.
5. Fees & Subscription Model
- PublishDrive does not take a percentage cut of your royalties (beyond standard store cuts). You keep what remains.
- Instead, you pay a monthly subscription (plan tiers) to use their platform.
- The subscription auto-renews monthly unless canceled.
- They offer a 30-day money-back guarantee for new subscriptions (one-time only).
6. Payments & Withholding
- Royalties are paid out (via ACH, wire, PayPal, etc.) once your earnings exceed the threshold you set.
- PublishDrive may withhold or offset past payments (e.g. refunds, chargebacks) from future payments.
- You are responsible for any taxes on payments you receive; PublishDrive may withhold amounts per legal obligations.
7. Representations, Warranties & Restrictions
- You must own or have permission for all content you submit.
- You warrant your work does not violate laws or contain illegal, defamatory, infringing, or obscene content.
- PublishDrive disclaims liability for disruptions, errors, or losses.
8. Dispute, Governing Law & Termination
- The agreement is governed by Delaware law.
- Either party can terminate. If you terminate, unpublished works or earnings might still be subject to prior obligations.
- If a clause is found invalid, other clauses remain in effect (severability).
9. Special Provisions & Notes
- Publication Non-Exclusivity: You remain free to publish elsewhere.
- DRM & Watermarking: They may apply DRM or watermarking when distributing.
- Store Changes: When PublishDrive adds or drops partner stores, they may auto-enroll or remove your titles unless you opt out.
- Force Majeure: Neither party is liable for events outside their control (disasters, network failures, etc.).