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Kikele Membership Agreement and Terms of Use
REVISED: April 8, 2018
Kikele is a community for creators of remarkable works. We provide the tools for you to publish your work for personal use or for sale and distribution to others, a marketplace for the purchase of goods and services, and a site where you can participate in forums and discussion groups with like-minded creators. The following terms and conditions have been developed to not only protect your work and your privacy, but also to describe our commitment to you as a community member as well as your responsibilities as a content creator. Please do not hesitate to contact our Support Team if you have any questions about the terms of this agreement.
A Note about Our Community
Kikele is a place where people of all ages, backgrounds, experience, and professions can publish, sell, or buy creative content such as novels, memoirs, poetry, cookbooks, technical manuals, articles, photography books, children's books, calendars, and a host of other content that defies easy categorization. We help people distribute information and art spanning a wide range of subject matter while providing a safe, friendly, respectful, and serious site for all content creators. Since our community serves a broad range of ages, we do not encourage content that may be considered inappropriate or offensive to our users.
Kikele respects the effort that goes into creating your remarkable work and we are committed to protecting copyrights as well as your right to privacy. As a member of our community, you may not publish or post content that you do not own or have permission to publish. We take allegations of copyright and privacy violations very seriously. To that end, if you believe that material offered for sale on our site violates your copyright or right to privacy, you are encouraged to notify Kikele via the "Contact Us" page. If a user infringes copyrights or other intellectual property or privacy rights, Kikele may, at Kikele's discretion, terminate use or deny a user's access to Kikele's website. If terminated for reasons of infringement, Kikele has no obligation to provide a refund of any amounts previously paid to Kikele or owed to the user.
The Membership Agreement below describes in the best legal jargon available your rights as a Kikele community member, whether you are a creator or buyer of content. It also lists our rights as the Kikele.com site owner, the information we collect about users and how it is stored, our obligations to accurately collect and pay revenues earned by content owners, your ownership and rights to retire works published using Kikele tools and services, and our liabilities for services provided by Kikele and our partners. Please note that your use of the website, or the tools or services accessed from the website denotes your acceptance of this membership agreement and all of its terms.
Below, you will find the terms and conditions for participation as a member in Kikele's community, where you will have rights to be involved in forums and groups, to purchase goods and services, and to publish your works for sale or distribution to others. Please don't hesitate to contact us if you have any questions about the terms of this agreement.
Welcome to our community of creators!
Membership Agreement
Before using Kikele website or setting up an account with Kikele (herein referred to as "we," "us" or "Kikele"), please read the following terms of your Membership Agreement and Terms of Use ("Terms" or "Agreement") carefully. These Terms govern your ("you" or "your") access to and use of the websites and services owned and/or operated by Kikele (collectively, the "Site"). Your access to and use of the Site are expressly conditioned on your acceptance of and compliance with these Terms. Your use of the Site constitutes your agreement to these Terms. If you do not agree to these Terms, please do not use the Site. Note that any violation of these Terms may result in termination of your ability to access and use the Site and your rights to revenue.
The Terms also include posted terms and conditions applicable to specific services and/or features, all of which are hereby incorporated by reference. Such additional terms and conditions ("Additional Terms") will be posted for viewing in conjunction with the applicable feature or service. In the event of a conflict between these Terms (other than Section 16, 17, 18 and 19 of these Terms) and the Additional Terms, the Additional Terms shall control; with respect to conflicts between the Additional Terms and Sections 16, 17, 18 and 19 of these Terms, Sections 16, 17, 18 and 19 of these Terms shall control.
We reserve the right at any time to change all or any part of these Terms; change the Site, including by eliminating or discontinuing any content on or feature of the Site; and change any fees or charges for use of the Site. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site or by electronic mail. Your continued use of the Site after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the "REVISED" legend at the top of these Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. Upon our request, you agree to sign a non-electronic version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Site; or any change in any fees or charges for use of the Site.
- Registration
When and if you set up your Kikele account and register to use the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, (1) you cannot claim a lack of notice on communications we have attempted to send to you that could materially affect your rights under the Terms, and (2) we reserve the right to terminate your access to and use of the Site. Our Privacy Policy governs the use and disclosure of any information you provide.
As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
- Use of the Site
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by Kikele to access to Site, we grant to you a non-exclusive, non-transferable, non-sub-licensable, limited right and license to access the Site, including any text, images, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Site (other than your Content), solely as made available by us, solely as necessary to access the Site and solely for your own purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Site may include advertisements and that such advertisements are a necessary part of the Site. The Site, including all such materials and all intellectual property rights therein, remains the property of Kikele or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Site without the written consent of Kikele. Nothing herein grants any rights to commercially exploit any portion of the Site or any content therein. All rights not expressly granted hereunder are expressly reserved.
Technical, maintenance and other issues may make the Site unavailable from time to time. KIKELE MAKES NO COMMITMENT, WARRANTY OR GUARANTEE THAT THE SITE WILL OPERATE IN A TIMELY, UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE SITE WILL MEET USER'S PURPOSES. Kikele may in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
While using the Site you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Site pursuant to Section 9 below. While using the Site, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity
- Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Violate any applicable laws or regulations;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Use the Site to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- Engage in spamming or flooding;
- Attempt to upload images by any method to another user's account without permission;
- Access or use (or attempt to access or use) another user's content without permission;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site;
- "Frame" or "mirror" any portion of the Site, or link to any page of or material on the Site other than the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site;
- Harvest or collect information about or from users of the Site without their express consent and, if such consent is provided, only pursuant to applicable law.
- Content
In the event that you post or upload to the Site in compliance with Section 2, or otherwise submit to or through Kikele as part of your use of the Site, any materials including, without limitation, text, photographs and other images, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, "Content"), you will retain ownership of such Content. You hereby grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free (except as otherwise agreed during the online publishing process) right to use, reproduce, distribute (through multiple tiers) and publicly display such Content, solely in connection with the Site. Should you decide to limit the access to and distribution of your Content, we will use commercially reasonable means to prevent such access and distribution. However, we cannot guarantee that these means will work all of the time. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through Kikele are not proprietary to you, and can be used by Kikele and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Kikele.
You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, (iii) at Kikele's request, and without further consideration, you will promptly provide Kikele with reasonable evidence of such adequate and enforceable rights of third parties (i.e., consents, approvals, licenses or sublicenses), and agree that Kikele may provide a copy of these Terms to anyone claiming an infringement of copyright/trademark relating to your Content or to law enforcement or other entities as required by law or as Kikele reasonably determines to be necessary to protect its rights or the rights of others, (iv) you will abide by the Content Policy and Guidelines posted on the Site, and (v) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in your Content to use such individual's likeness, for purposes of using and otherwise exploiting the Content in the manner contemplated by these Terms (including for purposes of promoting the Site), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to Kikele a copy of any such consents, releases and/or permissions upon Kikele's request). If you do submit Content that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such Content. Any violation of this Section, as determined in our sole discretion, can be cause to remove any and all of your Content from the Site, remove from applicable Distribution Channels, and to terminate your account and access to the Site.
None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Content (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Content (including, without limitation, by suspending the processing and shipping of any order relating to any Content); and/or (c) disclose any Content, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the services on the Site; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Please note that we may also provide users with an automated method of reporting Content that they believe to be inappropriate. If we do provide such a method, Content that is reported more than a certain number of times may be automatically removed from the Site; provided, however, that Kikele has no obligation to remove Content in response to user reports or requests. Kikele is not responsible for, and will have no liability for, the removal or non-removal of any Content from the Site. WE RECOMMEND YOU KEEP BACK-UP COPIES OF YOUR CONTENT ON YOUR HARD DRIVE OR OTHER PERSONAL SYSTEM, AS THE SITE IS NOT INTENDED TO BE A BACK-UP SOLUTION FOR STORING YOUR CONTENT.
Kikele also reserves the right to (1) reserve a portion of the back cover of a book of any published Content for placement of a unique identifying number and barcode (this number may be the Content's ISBN number, if an ISBN number is assigned), and (2) delete Content from Kikele's database after a defined period of time, as set forth in the then current policies of Kikele.
- Forums
The Site may permit users to share their Content with other users, including but not limited to our user comment functionality, user forums and blogs (collectively, "Forums"). Some Forum participants may use anonymous screen names and may have no other connection with Kikele. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed on the Site by third parties, whether such third parties are users of the Site or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of Kikele. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Kikele, any of our affiliates, distributors, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through the Site. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through the Site.
Some features of the Site enable you to send and receive transmissions. You acknowledge and agree that Kikele has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. Kikele reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through the Site and/or the amount of storage space available for transmissions or for any feature made available through the Site.
- Purchases
If you wish to purchase any products or services through the Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
- Copyright
Kikele is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Site should be sent to:
Email: firstname.lastname@example.com
- Publishing through Kikele.com
If you wish to publish Content through Kikele.com, you will generally be provided the opportunity to direct how the Content should be published and conditions for distribution and sale. The publishing process converts your Content into print-ready files. You may use these converted files to distribute and/or sell your Content, as you choose, through Kikele and/or distribution channel partners.
Kikele 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 Kikele service. These samples will be licensed for free, non-commercial use, duplication and sharing, and will comply with the sample percentage authorized by the Author.
Kikele's distribution service feeds to third party selected online and trade retailers. Should an Author choose Global Distribution for their titles, author titles will be presented for sale and included in all distribution feeds to these selected retailers. Kikele shall not be liable for failure by the third party retailer to list those titles for sale. Similarly, Authors can choose to opt out of channels at any time and at their discretion. Kikele sends the Author request for removal in a periodic feed, however Kikele cannot dictate the speed at which the third party removes the titles for sale. Lastly, where Kikele operates a direct to consumer online retail platform it will be Kikele's discretion if titles are listed.
- Kikele.com Creator Revenue
As used herein and for the sale of Content through Kikele.com:
- Creator Revenue– means the percentage of Net Revenue due to you as author-publisher for Content which was sold and paid for in full. Subject to specific arrangements with distribution channel partners, the following Creator Revenue percentage generally applies:
- Electronic– for sales of electronic material, 90% of Net Revenue.
- Print– for sales of printed material, 80% of Net Revenue.
- Gross Selling Price– means the Sales List Price after any discount that you as author-publisher would like to include in order to promote your Work, if applicable.
- Net Revenue– means the remaining monies after subtracting Kikele's manufacturing costs and markups or fees for sales with distribution partners, from the monies actually received for customer purchases of Content (based on Gross Selling Price).
- Returns and Refunds– when we process returns or refunds of purchased Content, this may result in an offset of the amount of Net Revenue owed to you.
- Royalty– this is the Creator Revenue that is reported to the U.S. Internal Revenue Service (IRS), if applicable.
- Sales List Price– means the price determined by you as author-publisher for the Content, subject to variances in international manufacturing costs. The Sales List Price will be the price listed in any distribution channel.
- Taxes; Shipping and Handling– sales taxes, VAT and other similar taxes, and shipping and handling are separate and apart, and not subject to revenue calculations.
If you have published and sold Content on the Site, the amount of Creator Revenue you are owed will be visible in your account under the "My Revenue" box that appears on the "My Kikele" information tab of the Site. You may choose to receive Creator Revenues you are due via PayPal or via paper check. PayPal payments may be made in Euros, GBP, CHF, AUD, CAD or USD. All paper check payments are made in USD.
If Kikele owes you less than N20,000 for Content sales within a given quarter, we reserve the right, at our discretion, to roll your Creator Revenue forward to the following quarter(s) until N20,000 is reached.
If you choose to receive your Creator Revenue via PayPal, you will be paid on a monthly basis. Specifically, no later than 31 days after the end of a calendar month Kikele will make a good faith effort to pay you the Creator Revenue that accrued during that month, using the contact information in our records. If Kikele owes you less than N5000 for Content sales within a given month, we reserve the right, at our discretion, to roll your Creator Revenue forward to the following month(s) until N5000 is reached.
All minimum Creator Revenue in non-Naira shall be calculated in Naira using current exchange rates for the purpose of the minimum thresholds for transmission of payments to you by Kikele.
It is your responsibility to update your contact information. If we are unable to contact you using the contact information provided, we may, at our sole discretion, charge a termination fee equal to the amount of unpaid Creator Revenue to cover administrative costs.
In order to use the basic Kikele services you are not required to provide any taxpayer information. However, based on withholding that may be required by the IRS, the payment you receive may be less than the Creator Revenue. You are also responsible for any taxes, fees and penalties associated with your receipt of Creator Revenue or sale of your Content, and indemnify Kikele for any such tax, fee or penalty.
You are responsible to any third party for payment of royalties, commissions, etc. that may be owed to them based upon agreements you have made with a third party and/or liabilities you have incurred to third parties.
Kikele reserves the right to place a hold on any payment based upon suspicious activity, including but not limited to, potential fraud, copyright infringement or other violations of these Terms, claims by third parties and/or questions regarding rightful ownership of the account.
- Term and Termination
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Content), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
- Third-Party Websites, Software and Sites
The Site may direct you to websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that the Site directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties.
Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.
- Promotions
In addition to these Terms, any contests, sweepstakes, surveys, games or similar promotions ("Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy that, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control. In addition Promotions are generally subject to the following rules and restrictions:
- Each promotional offer ("offer") claim code can be used only once.
- Limit one offer per account.
- The offer must be redeemed at our Site toward the purchase of products sold by Kikele. If Kikele is not the seller, that fact will be noted on the product detail page.
- Offer may not be available to be redeemed at any other Website operated by Kikele, its affiliates, or third-party merchants (including Web sites linked to or from the http://www.Kikele.com site).
- The offer cannot be used to pay for special-order titles, taxes, or shipping and handling charges.
- If the offer has a minimum purchase requirement, taxes and shipping and handling charges do not apply toward the minimum purchase amount.
- If you are ordering items to be shipped to more than one address, a separate order must be created for each address. The offer will be applied to only one of the resulting orders. Some offers may not be combined with other offers in the same order. Generally, only one promotional claim code may be used per order.
- Each offer is valid for a limited time only and expires on the date specified in the offer.
- The offer's cash value is 1/100th of one cent.
- The offer is not for resale and is not redeemable for cash.
- The offer cannot be applied to orders already placed with Kikele.
- If there is a problem with items purchased using a promotional code and Kikele grants a refund, you will not receive a refund for the amount of the offer.
- When you redeem an offer, Kikele can tell that you are part of a select group of customers to whom the promotional code was sent or distributed. For more information about data that Kikele collects from our customers, please read our Privacy Policy.
Kikele reserves the right to refuse to pay any Creator Revenue where we find, in our sole discretion, that you have abused our promotions and/or other processes to garner monies by manipulation and/or other fraudulent and abusive techniques. If we find such activity to have occurred, we reserve the right to terminate your account and withhold all Creator Revenue payments.
- Refer-a-Friend Program Terms & Conditions
Qualified Referral. A Qualified Referral is defined as a purchase made at www.Kikele.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; additional purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address or alias). The Referred Customer must also be a first time customer. If the Referred Customer is publishing a book, the promotional offer only applies to their new book publication. The promotion does not apply to e-books.
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order minus any chargebacks, and/or fraudulent payments.
Reward Payments. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards. The value of your reward is redeemable as a coupon on Kikele.com and is not redeemable for cash or another legal tender.
Eligibility. Eligibility is limited to individuals only. Kikele's Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Kikele's sole discretion.
No Spam. You must comply with all up-to-date "SPAM" laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Kikele's Refer-a-Friend program.
Right to Close Accounts. Kikele reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Kikele Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. Kikele reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
Implied Consent. By participating in the Kikele Refer-a-Friend program you are providing consent for Kikele to communicate with you electronically for the purposes of notifying you of any qualified Referral Rewards, program updates, or any other communications regarding the Kikele Refer-a-Friend program.
- Returns
An item that is "print on demand" is manufactured when the order is received. IF YOU RECEIVE A BOOK THAT IS DAMAGED, WE WILL PROVIDE A REPLACEMENT COPY AT OUR SOLE DISCRETION BASED UPON PHOTOGRAPHIC EVIDENCE. Due to the nature of the print-on-demand manufacturing process, it is not economically feasible to accept returns on physical products. We may not require that damaged physical products be returned to us, nor do we guarantee returns will be accepted. Refunds are issued at our sole discretion.
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Appendix A. Kikele Content Policy and Guidelines
REVISED: April 08, 2018
Items sold through the Kikele Site must follow the content policy and guidelines detailed below. Producers or sellers of content are expected to conduct proper research to ensure that the content sold through the Kikele Site is in compliance with all local, state, national, and international laws. If Kikele determines that the content is prohibited, we may summarily remove or alter it without returning any fees the listing has incurred. Kikele reserves the right to make judgments about whether or not content is appropriate.
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Appendix B. Content Retention Guidelines
REVISED: April 08, 2018
Quarantined Content
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eBook Policy:
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- All files from the currently published (active) version will be retained.
- All files from the previously published version will be retained.
Print Book Policy:
- All files from the currently published (active) version will be retained.
- All files from the previously published version will be retained.
- If the previously published version has not sold, the latest version that sold, in addition to the latest version, will be retained.
All other versions will be deleted after 6 months.
Private Content
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- Policy: All Private content will be deleted 6 months after the date of publication or last purchase date, whichever is longer.


text:
From Linux-VServer
Bears run away when you yell at them, even lynxes.
Kernel configuration
When configuring your kernel for cgroups with util-vserver you must make sure CONFIG_CGROUP_NS (CGroup Namespaces) is unset with util-vserver version lower than 0.30.216-pre2882.
CGroup Namespaces are a different approach to namespaces than that used by Linux vServer, and are not currently supported.
To use util-vserver's Control Groups (cgroups) support, you need to have /dev/cgroup mounted.
Recent versions of util-vserver sort this out for you by including the appropriate mount command in the util-vserver init (ie: runlevel) script included in the util-vserver distribution, however this apparently only works for the sysv init script, and not the Debian or Gentoo ones.
If you were to mount the cgroup Control Groups filesystem manually, you would use something like:
- # mkdir /dev/cgroup
- # mount -t cgroup -o <subsystems> none /dev/cgroup
Where <subsystems> is something like cpuset,memory.
To avoid the need for manual configuration after reboot, on Gentoo you may wish to add the cgroup mount to /etc/fstab. For Debian see the live examples section at the bottom of this page.
none /dev/cgroup cgroup cpu,cpuset,memory 0 2
From what i gathered in sched-design-CFS.txt [1]
This is simply done by adjusting the cpu.shares. Just do:
echo '512' > /dev/cgroup/<guest name>/cpu.shares
The share you get is equal to the guest's share divided by the sum of the cpu shares of all the guest. So for example :
vserver guest 1 => 512 vserver guest 2 => 512 vserver guest 3 => 2048 vserver guest 4 => 512
so you have a total of 3584 cpu shares (2048+512+512+512) , then you get :
vserver guest 1 => 512 / 3584 = 14% cpu vserver guest 2 => 512 / 3584 = 14% cpu vserver guest 3 => 2048 / 3584 = 57% cpu vserver guest 4 => 512 / 3584 = 14% cpu
Note that this is fair scheduling and this will not enfore HARD limit (as far as i know).
You must use the "cgroup" directory. You can apply defaults to all vservers or choose different settings for each guest:
- /etc/vservers/.defaults/cgroup , this directory contains settings applying to all guest when they start
- /etc/vservers/<guestname>/cgroup , this directory contains settings for the guest when it starts.
Example :
mkdir /etc/vservers/.defaults/cgroup mkdir /etc/vservers/<guestname>/cgroup echo '2048' > /etc/vservers/<guestname>/cgroup/cpu.shares # List of CPUs echo 1 > /etc/vservers/<guestname>/cgroup/cpuset.cpus # NUMA nodes echo 1 > /etc/vservers/<guestname>/cgroup/cpuset.mems
Note that /etc/vservers is an example, in my Aqueos install i use /usr/local/etc/vservers but /etc/vservers seems to be the defaults for the classic installs.
Regards, Ghislain.
cgroup and CFS based CPU hard limiting that replaces sched_hard
You can find documentation about the CFS hard limiting in Documentation/scheduler/sched-cfs-hard-limits.txt inside your kernel source dir.
This feature is currently available in patch-18.104.22.168-vs126.96.36.199.29.6.diff and is in testing phase as of this patch set so report any bugs to the mailing list.
To get the hard limit setup on every vServer start you need a recent utils package. It worked for me with: 0.30.216-pre2864. (Download from util-vserver prereleases) (also see note at top of page regarding CONFIG_CGROUP_NS, which can usually be found by grepping /proc/config.gz or /boot/config-`uname -r`)
Before trying to setup limits for one guest you should mount the cgroup filesystem:
[ -d /dev/cgroup ] || mkdir /dev/cgroup mount -t cgroup -ocpu none /dev/cgroup
Example for an upper bound of 2/5th (or 40%) of the all CPU power that a guest/cgroup can use :
# time assigned to guest (in microseconds) 200000 = 0,2 sec echo 200000 > /etc/vservers/<guestname>/cgroup/cpu.cfs_runtime_us # in each specified period (in microseconds) 500000 = 0,5 sec echo 500000 > /etc/vservers/<guestname>/cgroup/cpu.cfs_period_us
This limit is an hard limit, see it like an upper wall for the resources used by the cgroup.
If you set both CPU share AND hard limit the system will do fine but hard limits takes priority over CPU share scheduling, so CPU share will do the job but each cgroup will have an upper bound that it cannot cross even if the CPU share you gave it is higher.
The hard limit feature adds 2 cgroup files for the CFS group scheduler:
- cfs_runtime_us: Hard limit for the group in microseconds.
- cfs_period_us: Time period in microseconds within which hard limits is enforced.
using cgroup to enforce memory limits
in linux-vserver patch version vs188.8.131.52.29 memory limiting by cgroup is introduced. to use it you need to have the following config lines in your kernel build (aditionally to the others mentioned for cgroup cpu limits):
- CONFIG_RESOURCE_COUNTERS=y
- CONFIG_CGROUP_MEM_RES_CTLR=y
- CONFIG_CGROUP_MEM_RES_CTLR_SWAP=y
make sure /dev/cgroup is mounted with -o...,memory to be able to use this feature. The following files let you adjust memory limits of a running vserver (create them in /etc/vservers/-vserver-name- /cgroup/ to make them permanent):
- memory.memsw.limit_in_bytes the total memory limit (memory+swap) of your cgroup context
- memory.limit_in_bytes the total memory limit
values are stored in bytes. When writing to those files you can use suffixes: K,M,G.
Note: cgroup memory limits are to replace rss.soft and rss.hard some time in the future.
Note: from kernel 3.2.x+ you HAVE to boot with the kernel parameter swapaccount=1 or swap accounting is disabled
Limiting the memory and not the swap mean as soon as the memory limit is reached the guest will swap until it fills out the swap completly so swap limits are somewhat necessary in preventing runaway process
When you wish the guests to see only their limited memory pool, be sure to include VIRT_MEM in your cflags config file.
BUG-ALERT: If you're getting into trouble (Unable to handle kernel paging request at [..] + trace from Error in dmesg or /var/messages) please use the following experimental patch provided by Bertl: http://vserver.13thfloor.at/ExperimentalT/delta-memcg-fix04.diff
For a deeper understanding check out Documentation/cgroups/memory.txt of your kernel source tree.
Real world Examples of Scheduling
This section is for working and tested examples you have put in place.
Please add the following information for each example you put here (use vserver-info).
- Base kernel version
- vServer version
- Other kernel patches in use (grsec, etc.)
- util-vserver release
Ben's install on Debian Lenny
I used the kernels from [2], described at [3]. I've done this on a few versions, works for 188.8.131.52 with patch vs22.214.171.124.27 on amd64, also 184.108.40.206 with patch vs184.108.40.206.28. I used the stock Lenny util-vserver, patched as described below. The kernel config is critically important, with specific cgroup options necessary in order to get cgroups working in this way. Check the configs for the [4] kernels to see which ones I used.
Getting Lenny Ready
There's a very old version of util-vserver on Lenny, it needs this patch applying before it will set the cgroups properly, it basically only adds one line:
--- /usr/lib/util-vserver/vserver.suexec.orig 2008-12-12 22:56:25.000000000 -0600 +++ /usr/lib/util-vserver/vserver.suexec 2009-08-20 02:11:42.000000000 -0500 @@ -22,7 +22,8 @@ test -z "$is_stopped" -o "$OPTION_INSECU exit 1 } generateOptions "$VSERVER_DIR" -addtoCPUSET "$VSERVER_DIR" +addtoCPUSET "$VSERVER_DIR" +attachToCgroup "$VSERVER_DIR" user=$1 shift
Next I added a correctly mounted cgroup file system on /dev/cgroup/.
$ mkdir /dev/cgroup $ mount -t cgroup vserver /dev/cgroup
For the util-vserver to do the right thing, this directory needed adding too:
$ mkdir /etc/vservers/.defaults/cgroup
Sharing out the CPU between guest servers
I have a few test guests hanging around that I play with, call onetime, twotime, threetime, fourtime and fivetime. I order to set the shares for each guest I did this:
mkdir /etc/vservers/fivetime/cgroup/ /etc/vservers/fourtime/cgroup/ /etc/vservers/threetime/cgroup/ /etc/vservers/twotime/cgroup/ /etc/vservers/twotime/cgroup/ echo "512" > /etc/vservers/fivetime/cgroup/cpu.shares echo "1024" > /etc/vservers/fourtime/cgroup/cpu.shares echo "1024" > /etc/vservers/threetime/cgroup/cpu.shares echo "1536" > /etc/vservers/twotime/cgroup/cpu.shares echo "1024" > /etc/vservers/onetime/cgroup/cpu.shares
Then started the guests. When the system was loaded (I used one instance of cpuburn on each server - not advised but a useful test) they each should have got the following percentage of CPU.
|Guest Name
|cpu.share given
|percentage of cpu
This didn't quite happen, as each process could migrate to other CPUs. When I fixed every guest to use only one of the available CPUs (see below how I did this) the percentage of processing time alloted to each guest were then pretty much exact! Each process was given exactly it's designated percentage of time according to vtop.
Dishing out different processors sets to different guest servers
The "cpuset" for each guest is the subset of CPUs which it is permitted to use. I found out the number of CPUs available on my system by doing this:
$ cat /dev/cgroup/cpuset.cpus
This gave me the result 0-1, meaning that the overall set for my cgroups consists of CPUs 0 and 1 (for a quad core system one would expect the result 0-3, or for quad core with HT, 0-7). I stopped my guests, then for each guest specified a cpuset containing only CPU 0 for each of them:
$ echo "0" > /etc/vservers/onetime/cgroup/cpuset.cpus $ echo "0" > /etc/vservers/twotime/cgroup/cpuset.cpus $ echo "0" > /etc/vservers/threetime/cgroup/cpuset.cpus $ echo "0" > /etc/vservers/fourtime/cgroup/cpuset.cpus $ echo "0" > /etc/vservers/fivetime/cgroup/cpuset.cpus
On restarting the guest, I could see (using vtop) that these guest were only using the CPU 0 (the column "Last used cpu (SMP)" needs to be on in vtop in order to see this). This set up isn't particularly useful, but did allow me to check that the cpu.shares I specified for my guest were working as expected.
Doing this to servers live
The parameters in the last two sections can be set when the servers are running. For example to move the guest "threetime" so that it could use both CPUs I did this:
$ echo "0-1" > /dev/cgroup/threetime/cpuset.cpus
The processes running on threetime instantly were allocated cycle on both CPUs. Then:
$ echo "1" > /dev/cgroup/threetime/cpuset.cpus
Shifts them all to CPU 1. One can change where cycles are allocated with impunity. The same with CPU shares:
$ echo "4096" > /dev/cgroup/threetime/cpu.shares
Gave threetime a much bigger slice of the processors when it was under load.
NOTE: The range "0-1" is not the only way of specifying a set of CPUs, I could have used "0,1". On bigger systems, with say 8 CPUs one could use "0-2,4,5", which would be the same as "0,1,2,4,5" or "0-2,4-5".
Making sure all of this gets set up after a reboot
This process will make sure /dev/cgroup is present at boot and correctly mounted:
- patch util-vserver (see above)
- mkdir /etc/vservers/.defaults/cgroup
- mkdir /lib/udev/devices/cgroup (this will mean that the /dev/cgroup is created early in the boot process)
- add the following line to /etc/fstab
vserver /dev/cgroup cgroup cpu,cpuset,memory 0 0
Ben's install on Debian Squeeze/Sid
These instructions are for Debian's own packages.
Squeeze ships with the 2.6.32 kernel. Currently the package linux-image-2.6.32-5-vserver-amd64 works well for cgroup scheduling. The following steps are simplest way to set it up:
- mkdir /etc/vservers/.defaults/cgroup
- mkdir /lib/udev/devices/cgroup (this will mean that the /dev/cgroup is created early in the boot process)
- add the following line to /etc/fstab
vserver /dev/cgroup cgroup cpuset,cpu,cpuacct,devices,freezer,net_cls 0 0
- reboot the server
Instructions for setting particular parameters are the same as for Lenny. The reason for specifying the cgroup subsystems is that if the namespace subsystem "ns" is included, Linux-Vserver will not work. The /etc/fstab line above mounts /dev/cgroup with all the available subsystems excluding "ns".
Note that the "memory" cgroup subsystem is omitted as Squeeze has the legacy memory controls through rlimits compiled in. It is possible to add "memory" to the cgroup fstab line and use the cgroup based memory control. Please add any success with this to this page.

subset: commoncrawl


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