Terms and Conditions of Membership

To qualify for Membership with Celery Tree, you must be the original author and have approval of your publisher to display and sell your books on the site.

Getting Started

Step 1: Create your Celery Tree account.

Step 2: Email your book to This e-mail address is being protected from spambots. You need JavaScript enabled to view it for approval. If you prefer to mail a print copy of the book for submission review, please send the book to:
Celery Tree, LLC
P.O. Box 526140
Salt Lake City, UT 84152

Step 3: Once your title is approved send your profile page link to everyone you know to get attention, sales and purchaser reviews.

Step 4: Enjoy the success of selling your books in both print and/or electronic format.

Celery Tree TERMS OF SERVICE PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING AGREEMENT ("Agreement") BETWEEN YOU ("Members") AND CELERY TREE ("Celery Tree").

By using the service available at www.celerytree.com you (the "Member") agree to the terms, features and functionality available on or through the Site (the "Service"). If you do not agree with these terms, do not use the Service.

The following describes how Members can post and sell books using the site.

The following also describes the rights and responsibilities of the Member and Celery Tree. Anyone who purchases books from this site is referred to as "the Purchaser."

1. The Grant

The Member, in accordance with their publisher contract, grants Celery Tree the non-exclusive rights to be a selling agent, and the use of any and all author's names, images, titles and covers for marketing and/or promotional purposes. Celery Tree will not quote or use content of Member's work or cover image without legal authorization. Since the terms of this agreement with Celery Tree, herein, is non-exclusive, the Member is free to post and sell their work elsewhere.

Member agrees to pay membership fees to Celery Tree of $36 a year (12 months) and to purchase six books a year (12 months) from other Celery Tree members.

2. Posting and Removing Titles

2a. It is the responsibility of the Member to accurately update the amount of sellable inventory. We recommend understating the amount of inventory thereby being able to fill outstanding orders even if loss or damage occurs.

2b. It is the responsibility of the Member to fill and ship all orders in a timely manner. If the Member is not able to fill outstanding orders, they must contact Celery Tree immediately to prevent further orders from being placed. If the Member is completely unable to fill orders within 4-6 weeks Celery Tree will cancel the orders and refund the purchasers.

2c. If the Member runs out of inventory and is unable or unwilling to maintain additional inventory, they may keep their account open but books will be displayed as temporarily unavailable.

2d. Membership is an option of Celery Tree. Celery Tree may decline an author's work or may decide to cancel an account for any reason and at any time, and no reason need be provided. Membership fees will be refunded on a prorated basis.

2e. Members may close and cancel their accounts at anytime and for any reason, and no reason need be provided. Membership fees are refundable on a prorated basis. Final payment will be made to the Member within 90 days of cancellation. If Member is unable to access the site or close their account, the Member may notify Celery Tree in writing to remove their postings. After that notice, Celery Tree will remove the postings within ten business days. Celery Tree will do its best to assist Members to remove their postings, and to ensure Members who terminate their accounts receive full payment for sales that may occur after account termination.

2f. Celery Tree is not responsible for policing copyright or plagiarism infringements.

2g. Celery Tree does not allow the sales of books sold by anyone other than the author Member or author's assigned representative (i.e., publisher or distributor).

3. Infringement

3a. False Representation. Celery Tree takes claims of false representation seriously and may take immediate action upon notice of someone selling books without authorization. Generally, upon receipt of a written notice from a party claiming false representation, Celery Tree will investigate and may remove the work and reserves the right to remove any and all information the unauthorized party has posted.

3b. Accusations of Copyright Infringement or Plagiarism. Celery Tree is not responsible for copyright infringement or plagiarism or the content of any work. All claims of copyright infringement or plagiarism are to be taken up with the publisher of the accused party, not the accused party themselves. (See section on abuse below.)

3c. Posting excerpts. Celery Tree assumes no responsibility for copyright infringement. Members posting excerpts of their work must do it in accordance with their publishing contracts. Celery Tree assumes Members have proper authorization when excerpts are posted. Members posting excerpts without legal authorization assume all responsibility for said infringement.

4. Sales Revenue

So long as orders have been properly filled, with no outstanding purchaser complaints, and all fees and Membership requirements are fulfilled, the Member shall be entitled to the following payments:

4a. Revenue. Celery Tree pays Members 90% of the net proceeds from all sales received by Celery Tree through the sale of your listed titles ("List Price"). "List price" is set by the Member. "Net proceeds" shall mean sales price paid and received less payment processing fees, costs due to erroneous or fraudulent transactions, credit card charge-backs and associated fees. Therefore, 90% of "net proceeds" does not equal 90% of the book's sales price. Payment processing fees, for example, may account for a sizable percentage of the List Price for lower cost books because they include a nominal minimum per-transaction fee charged to Celery Tree by our payment processing service PayPal. Celery Tree fully discloses and estimates anticipated payment processing fees and estimated proceeds to the Member at the time they assign pricing for your works. Actual proceeds to the Member may be greater than estimated if a purchaser buys multiple books at the same time, thereby spreading some of the per-transaction fee across more than one book.

4b. Free Copies. As the administrator of your work, Member may ship complimentary copies of the work, even when a fee is generally charged.

4c. Crawlable or Other Searchable Rights. Celery Tree shall have the right to drive traffic to the Member's page and other materiel on the Celery Tree site through (a) general Search Engine Optimization services (b) crawlable, promotional hypertext links or (c) arrangements with third parties which make searchable certain key words or phrases.

5. Member-Controlled Terms

Celery Tree allows Member to control pricing, sampling rights (in accordance with author/publisher agreement see section 5a below.) and shipping and handling options.

6. Statements and Payments of Member Sales Revenue: (Although Celery Tree will refer in this agreement to "Sales Revenue" for the sake of simplicity, payments to Members in the eyes of the IRS are really "other income.")

Celery Tree pays sales revenue no more than 60 days after the month closes. Allow 10-15 days for payments to hit the account. All Member payments will be direct deposited within 10-15 days after the close of the pay period. If Celery Tree overpays sales revenue, such as in cases when fraudulent or unauthorized purchases are charged back to Celery Tree after payments are made, then Celery Tree will deduct the funds owed from the Member's accrued proceeds. If the amount owed exceeds the Member's accrued proceeds, the Member agrees to remit a payment back to Celery Tree within 20 days of notification to adjust the overpayment. Sales transacted on Celery Tree are reported in real time. 6. Member's Warranties. By posting titles on Celery Tree the Member agrees that any violation of the warranties below may result in immediate deletion of their account and the forfeiture of all accrued sales revenue.

6a. By Posting Work on Celery Tree, you, the Member, warrant that you:

Are the author or the authorized representative of the work;
Have gained written permission from any co-authors or any other party who have author rights to this work;
Have full right, power, and authority to enter into this agreement and to sell said works, and post titles, cover art and any other related material on Celery Tree.

6b. You further grant that the Work contains no materials which:

Violate any right of privacy which is libelous or violate any personal right or other right of any kind of any person or entity.
Would violate any of your contracts or would disclose any information given to you on the understanding that it would not be published or disclosed;
Plagiarize or pirate any other work or infringe upon any copyright, trademark or other proprietary right;
Are injurious to end-users or others including but not limited to recipes, formulae or instructions
Violate state and federal laws
Advocate hateful, discriminatory or racist views or actions toward others
Advocate illegal activities

7. Rights of Use

7a. Fees and Services. By becoming a Member the Member is agreeing to pay the fees as presented by the site. When purchasing books the Member agrees to pay fees and prices set by the seller for their individual works. Before purchasing books you will have the opportunity to review and accept the fees for the purchase they are requesting prior to payment. All purchases are final and non-refundable. However, damaged or defective goods can be returned to the seller for replacement. Celery Tree may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the site.

7b. Abuse of the site. Celery Tree and its Members work together to keep the site working properly. Please report problems and policy violations to Celery Tree. The warranties and representations contained in this agreement extend to Members or their assigned representative. While using the site and services Members agree to not:

Violate any laws, third party rights, or any policies which we have posted on the site from time to time;
Use the site or service if you are not able to form legally binding contracts, are under the age of 18 unless signed by authorized guardian, or are temporarily or indefinitely suspended from our site;
Circumvent or manipulate our fee structure or the billing process;
Distribute viruses, malware or any other technologies that may harm Celery Tree, or the interests or property of Celery Tree Members;
Engage in abusive or profane behavior toward Celery Tree, its Members, or purchasers.

Without limiting other remedies, we may limit, suspend, or terminate the Membership of any Member, prohibit access to our site, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

8. Termination

Either party may terminate this agreement at any time without notice. Celery Tree Members may cancel their Membership at any time, and may remove their author profile, book listings etc. at any time. Membership fees will be refunded on a prorated basis.

9. Indemnification

9a. General. You will indemnify and hold Celery Tree and its users, officers, directors, employees and agents, harmless against any expense (including, but not limited to, reasonable attorneys' fees and disbursements) or judgment, settlement or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by you in this agreement.

9b. Notice of Claim. Upon receiving notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with or contrary to any of the warranties or representations contained in paragraphs 6 and 7, Celery Tree shall have the right to withhold any sums payable to the Members in reasonable amounts as security for the payment of the Member's potential obligations pursuant to the indemnity contained in this paragraph 9. It is intended that the right granted by this subparagraph 9b shall not be unreasonably or frivolously exercised by Celery Tree.

10. Disclaimer of Celery Tree's Warranties

10a. WARRANTY DISCLAIMER. All titles and services are provided to purchasers "AS IS" and "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE SELECTION AND USE OF TITLES OR THE PURCHASED BOOK IS WITH MEMBER AND PURCHASERS. CELERY TREE DOES NOT WARRANT THAT TITLES WILL MEET THE REQUIREMENTS OF PURCHASERS. TO THE EXTENT THAT CELERY TREE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

10b. LIMITATION ON DAMAGES. IN NO CASE SHALL CELERYTREE BE LIABLE TO MEMBER, OR PURCHASER, OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. In the event that Celery Tree is found liable for any damages, for any reason whatsoever, the Member hereby expressly agrees that, in no event will Celery Tree liability to Member or purchaser exceed the amounts paid to the Member by Celery Tree hereunder.

11. MISCELLANEOUS

11a Entire Agreement. This Agreement is the entire agreement between the parties concerning the subject matter hereof.

11b Governing Law; Severability. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Utah. If any portion of this agreement is held invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this agreement.

11c No Agency. No agency, partnership, joint venture or other joint relationship is created hereby.

11d Legal Action. Venue for all purposes hereunder shall be in Salt Lake County, Utah, and the parties hereto hereby consent to such jurisdiction and venue. If any action or other legal proceeding relating to this agreement or the enforcement of any provision of this agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).

11e Acknowledgement. By using the site you acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and the year upon which the Member first approved such Terms of Service.

Anti-Spam Policy and Enforcement

Celery Tree does not engage in spam, nor does it share, rent or sell the personal contact information of its Members with third parties.

Privacy Policy

Celery Tree has strict policies to protect the privacy of Celery Tree Members, publishers and purchasers. The privacy policy is clearly linked at the bottom of every Celery Tree web site page.

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