Library Journals LLC —
LJ Self-e™ Service Publishing License Agreement
This Publishing and Distribution License Agreement (“Agreement”) is between the author (“Author”) and Library Journals, LLC (“LJ”), through its LJ Self-e™ Service (“LJSE”). Under this Agreement, Author grants LJSE certain rights to preserve, archive, publish and distribute the title(s) and any meta-data (collectively, the “Work”) provided by Author to LJSE.
1. Grant of Rights. Author hereby grants to LJSE a royalty-free, non-exclusive, worldwide right to receive, store, use, reproduce, distribute, display, market, import, export, download and upload, and transmit the Work, in whole or in part, in such tangible and electronic formats, sublicense to any third-party publishing platform or distribution platform (“Sublicensee”), as may be in existence now or developed in the future, specifically and exclusively to public libraries (“Public Libraries”). Public Libraries shall mean any library, which is operated or funded by any national, federal, state, local, municipal, public service district, a quasi-governmental agency or to which the general public may physically access. Author further grants to LJSE the right to include an abstract, annotation or description, bibliography and other appropriate metadata in any index and/or finding products or services of LJSE, a Sublicensee, or alternative third-party service used by LJSE or a Sublicensee. The rights granted herein are perpetual.
2. Reservation of Rights. Except for the rights expressly granted or waived to LJSE and its Sublicensee, the Author reserves to itself all intellectual and propriety rights in the Work.
3. Redistribution of the Work. The rights granted by Author automatically and expressly include the right to allow the sale and distribution of the Work, in whole or in part, by LJSE or a Sublicensee or their agents and distributors, exclusively to Public Libraries. Author grants LJSE and its Sublicensee the right to make an abstract, annotation or description, and other metadata associated with the Work available to search engines, discovery services and harvesters. AUTHOR EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS NOT ENTITLED TO ANY ROYALTIES FROM LJSE OR ANY LJSE SUBLICENSEES UPON THE SALE AND DISTRIBUTION TO PUBLIC LIBRARIES OF THE AUTHORS WORK AS CONTEMPLATED UNDER THIS AGREEMENT.
4. Restriction. LJSE will use commercially reasonable efforts to restrict the distribution of the Work to Public Libraries. NOTWITHSTANDING ANY OBLIGATIONS TO PROTECT AUTHORS CONTENT WITHIN THIS AGREEMENT, LJSE CANNOT AND DOES NOT GUARANTEE THAT THERE WILL BE NO UNAUTHORIZED COPYING, DISTRIBUTION, OR DELETION OF AUTHORS CONTENT NOR WILL LJSE BE LIABLE FOR ANY COPYING, DISTRIBUTION OR USAGE OF THE AUTHORS CONTENT NOT AUTHORIZED BY LJSE OR AUTHOR.
5. Rejection and Removal from Program. LJSE reserves the right to decline publishing or to reject for publication an Authors Work. LJSE reserves the right to REMOVE any Work from the LJSE Service or a Sublicensees platform, at any time for any reason or no reason at all. Should Author subsequently seek to revoke the license granted herein, Author must provide an express, written request, sent by certified mail, directed to LJ at the following address:
Library Journal ATTN: LEGAL DEPT
7858 Industrial Parkway
Plain City, OH 43064
LJ shall, within 180 days of receipt of such request, remove Authors work from LJSE.
6. Delivery of the Work. Author shall provide LJSE any and all necessary supporting documents during the online submission process.
7. Rights Verification. Author represents and warrants that Author is the copyright holder of the Work and has all necessary rights and licenses to the Work, including third party material incorporated within the Work (including but not limited to images, photographs, logos, service marks, copyrighted material contained within the Work, if required) to permit LJSE to reproduce, distribute and sublicense the Work as contemplated in this Agreement. Author is solely responsible and will indemnify LJSE and its Sublicensees for any third party claims related to the Work as submitted for publication. If Author has an actual, constructive or a good faith belief that an infringement claim is likely to occur with regard to any content included in the Work, Author will immediately notify LJSE, who will promptly discontinue offering the infringing content, for sale or providing access to the infringing content.
8. Selection of the Work as a Self-e Title. LJSE shall review the Work, and shall at its sole discretion, decide whether to include the Work in a Self-e Module (a collection of Self-e selected works made available to Public Libraries from time to time) or alternate forms of distribution. In the event the Work is selected for inclusion in a Self-e Module, the author shall be provided with an electronic Self-e badge that the Author may use to promote the Work, including inclusion of the Self-e badge on the print and electronic cover of the Work, and other promotional materials. Author acknowledges that Self-e Modules will be published and made available to Public Libraries on a schedule to be solely determined by LJSE.
9. Non-Selection of the Work as a Self-e Title. In the event the Work has not been selected as a Self-e Title, and the Author has selected the option to make the work available to Public Libraries within the Authors selected state, LJSE shall make the work available to participating Public Libraries within that state, under the terms of this Agreement.
10. No Assurances. If Authors Work is selected for publication and distribution on a LJSE Sublicensees platform, LJSE makes no assurances and no representations about possible sales, number of reviews, person who may review the Work, amount of publicity about the Work, or any monetary offers by third party to publish the Work.
11. Governing Law; Jurisdiction; Venue. This Agreement shall be governed and construed by the laws of the State of Ohio. Author agrees to submit to the exclusive Personal Jurisdiction of the County of Madison, Ohio and a competent court that would have subject matter jurisdiction over the dispute that arises out of this Agreement or any transaction contemplated under this Agreement. Heretofore, Author waives any objections and affirmative defenses as to the personal jurisdiction of a competent court in Madison County, Ohio that would have personal jurisdiction or the venue of said proceedings.
12. Waiver. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the partys rights to subsequently enforce the provision. The remedies specified in this Agreement are in addition to any other remedies that may be available to a party at law or in equity.
13. Severance. If any provision of this Agreement is held to be invalid, such invalidity will not affect the remaining provisions.
Acknowledgement: I have read, understand and agree to this LJSE Agreement, including all rights, restrictions, and releases of liability, aside from my own relative to copyright infringement claims.