Last updated: March 20, 2025 (US, UK, AU)

ECOMMERCE SHARE & SELL PROGRAM TERMS OF SERVICE

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE ECOMMERCE PORTION OF THE LIGHTNING SOURCE WEBSITE OR USING THE ECOMMERCE SHARE & SELL PROGRAM. THIS AGREEMENT IS BY AND AMONG YOU AND LIGHTNING SOURCE LLC, INGRAM CONTENT GROUP UK LTD and/or INGRAM CONTENT GROUP AUSTRALIA PTY LTD ("LS", "US", or "WE"), DETERMINED BY YOUR AGREEMENT WITH US AND THE CURRENCY CALCULATION DISPLAYED AT THE TIME OF ORDERING. BY ENTERING THE ECOMMERCE PORTION OF THE LIGHTNING SOURCE WEBSITE, YOU HEREBY AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT ("TOS") AS THEY GOVERN YOUR ACCESS TO AND USE OF THE ECOMMERCE SHARE & SELL PROGRAM (collectively referenced as the “eCommerce Program”). IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE ECOMMERCE PROGRAM.

Any references to "User", "You", "Your", “Publisher” or "Authorized User" refer to You or Your institution or business and all its related affiliates, agents, or employees who use the eCommerce Program. You represent and warrant that You are authorized to enter into this TOS. Capitalized terms not defined herein shall be defined by the applicable print on demand agreement You entered into with LS (the “Agreement”).

FURTHER, YOU AGREE TO THE USE OF ELECTRONIC DOCUMENTS FOR ALL TRANSACTIONS AND COMMUNICATIONS RELATED TO THIS SITE.

TERMS AND CONDITIONS

1. ECOMMERCE SHARE & SELL PROGRAM. This eCommerce Program is made available to You through the Lightning Source website subject to this TOS and the Agreement. LS will provide You the ability to generate certain shareable purchase links via standard URL, QR code, and/or HTML embed tag (the “Purchase Links”) for Print Title(s) located within your Lightning Source account. The Purchase Links allow readers to purchase Your Title(s) at the price set by You in United States Dollars (USD), British Pound Sterling (GBP), and/or Australian Dollars (AUD) as further described in Section 4 below, subject to availability and minimum pricing requirements, at the time the Purchase Link is created (the “eCommerce Price”). You will not be allowed to set an eCommerce Price that is less than the eCommerce Print Fees (defined below). You can modify certain parameters related to the Purchase Links (e.g., orders per link, books per order, etc.) at the time of Purchase Link creation. Use of the eCommerce Program is limited to Your own personal use.  LS maintains the right to add or remove some or all of the services.
2. ‍TERRITORY RESTRICTIONS. The eCommerce Program is available to LS customers located within the countries determined by the available currency (see Section 4), typically, the United States, United Kingdom, and Australia. Additionally, purchases made by readers can only be shipped to valid addresses within the country of the LS entity (not including territories) you are transacting with at the time. LS reserves the right to add or remove territory restrictions at any time in its sole discretion. PLEASE BE AWARE OF THESE TERRITORY RESTRICTIONS WHEN MARKETING YOUR TITLES. ‍
3. REPORTING. Sales that occur through the eCommerce Program will be reported to You in accordance with the Agreement. Monthly sales reports will account for and reflect Print Titles sold, printed and distributed via the eCommerce Program. Amounts due for eCommerce Program Sales will be made in the currency available by each LS entity as described in Section 4 below. LS will not provide You with any consumer information for a purchaser of a Print Title through the eCommerce Program, unless the consumer explicitly grants us permission to do so.
4. Which LS COMPANY ARE YOU TRANSACTING WITH.  Lightning Source LLC transacts in United States dollars ($).   ‍Ingram Content Group UK Ltd. transacts in pound sterling (£).  Ingram Content Group Australia Pty Ltd transacts in Australian dollars ($).  Your payment will be processed by one of the above LS companies, dependent on the currency specified.  Please pay attention to the currency displayed at time of sale and/ or purchase.  Depending on payment card and currency used, currency conversion and/ or other transaction fees may apply.  Contact your issuing bank for additional information.
5. FEES. For each Print Title ordered through the eCommerce Program, You shall pay LS (i) the then-current print on demand fees as set forth in the Agreement, including but not limited to printing charges, service fees (listed on the Pricing Schedule), and any taxes that may be applicable plus (ii) the then-current Share & Sell print fulfillment fee specified at the time of order, collectively, the (“eCommerce Print Fees”). Readers who purchase a Print Title through a Purchase Link will be responsible for paying applicable sales tax and shipping fees for each order. LS will calculate and collect applicable sales tax, GST, VAT or similar taxes (taxes) from the purchaser and remit collected taxes to the appropriate authorities. ‍
6. ECOMMERCE COMPENSATION. For each Print Title printed and sold through the eCommerce Program, LS will remit to You the eCommerce Price less the eCommerce Print Fees (the “eCommerce Compensation”). Any eCommerce Compensation that is due to You will be paid as Publisher Compensation in accordance with the Agreement. Timing of Publisher Compensation payments will be made in accordance with terms of the Agreement. ‍
7. TERM; TERMINATION. This TOS and Your right to use the eCommerce Program will take effect the moment You click "I ACCEPT", and access, or use the eCommerce Program and is effective until terminated as set forth below. This TOS will terminate automatically if You do not agree to this TOS. In addition, LS reserves the right to immediately suspend these services, terminate this TOS, or discontinue the eCommerce Program or any portion thereof, at any time in its sole discretion without notice. Any termination of this TOS by LS will be effective without notice. All applicable provisions of this TOS will survive termination. Upon termination, You must destroy all copies of any aspect of the eCommerce Program in Your possession. The provisions concerning indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason. ‍
8. WARRANTY DISCLAIMER. ALL SERVICES AND PRODUCTS (IF ANY) PROVIDED BY LS UNDER THIS TOS ARE PROVIDED ON AN “AS-IS” BASIS AND LS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LS DOES NOT WARRANT THAT THE SERVICES OR PRODUCTS (IF ANY) PROVIDED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE. LS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LS MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR PRODUCTS (IF ANY), OR THE PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET PUBLISHER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ‍
9. LIMITATION OF LIABILITY. EACH LS COMPANY IS SEPARATELY LIABLE, NOT JOINTLY WITH ANY OTHER LS COMPANY.  IN NO EVENT SHALL LS AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ECOMMERCE PROGRAM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LS AND/OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS HAVE LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF LS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE ECOMMERCE PROGRAM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO LS IN CONNECTION WITH THE USE OF THE ECOMMERCE PROGRAM FOR THE PRIOR ONE MONTH. ‍
10. INDEMNITY. You agree to defend, indemnify, and hold harmless LS and its affiliates, employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by You of this TOS. You acknowledge that any breach, threatened or actual, of this TOS may cause irreparable injury to LS, such injury would not be in monetary damages, and LS would not have an adequate remedy at law. You therefore agree that LS shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOS. ‍
11. GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Tennessee, U.S.A. as applied to agreements entered into and completely performed in the State of Tennessee. You and LS each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the Middle District of Tennessee in the State of Tennessee for any disputes between You and LS under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney's fees in any proceeding. Any claim You might have against LS must be brought within ONE (1) year after the cause of action arises, or such claim or cause of action is barred. ‍
12. WAIVER, NO JOINT VENTURE, SEVERABILITY. Failure by LS to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by LS of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between You and LS as result of this TOS or Your utilization of the eCommerce Program. Headings herein are for convenience only. This TOS shall be deemed to include all other relevant notices, disclaimers, and other terms contained in the Agreement; provided, however, that in the event of a conflict between the Agreement and this TOS, the terms contained herein shall control with respect to the eCommerce Program.
13. EU/ UK VAT Registration:  Ingram Content UK is registered with the United Kingdom and EU for VAT as noted below.
    - United Kingdom VAT No. GB405365121
    - EU Non-Union VAT One Stop No. - EU372018309
    - EU Import VAT One Stop Shop No. - IM3720001726

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