The Old Neverending PublishAmerica Thread (Publish America)

Re: No Haggerstown office for the AG

Peggie McKee does not work for the Office of the Attorney General. There is no Haggerstown office. The Baltimore office has no position of Citizens Response Coordinator.

Click to expand...

Ghod, I love my spidey sense. :\

Re: my PA letter

PA's Author "Support" Team has to be fast-tracked into the Oxymoron Hall of Fame.

Welcome to the all the newcomers. Help yourselves to the hope, encouragement and support. There's plenty.

And now for a little levity...

...or I'll join Grace in the cry-fest.

Q: How do you recognize a PA author?
A: There is a permanent indentation in their forehead from smacking it so hard and boot prints in their derriere from “taking that tone” with Mr. Meiners.


Ah, the hell with it. Grace, move over and hand me a tissue.

Re: my PA Letter

I just reallly want out of that contract. I mailed to everyone I thought might help in that. I heard that when PA hears from the BBB they release you from the contract *hears hoping*. At least I know I was good enough to be published in a real venue and that I have three books to complete this year for various publishers. Sad though that this one may slip away.

I can't believe they talk to you like a 3 yr old as if they were your mother. How unprofessional can you get? LOL

Tina

Re: It's like crawling through an unfamiliar attic...

MP did not tell me this in writing. It was verbal.

Yes, like everything else PA comes up with Independence Books faded away. I don't think they are doing it anymore. I heard from another author that they were upset that Jamie Farr's childrens book had copies returned. Ah, the love of the Almighty dollar is the root of all evil.

Re: This is EXACTLY why I fight!

I was wondering what had happened to the Farr's book!

I wonder how satisfied they are now?

Andrea 0]

Re: This is EXACTLY why I fight!

Hi everyone.
It is good to see the new PA authors over here. Thank you to you who talked to me personally here...terrible memory and when you are posting a message, you cannot go back and look at another page.

It is good to be out in the open.

It is wonderful that the AG got back with you Dee, persistence paid off. Did they ever get or reply at all to your request, or was the entire thing fixed? Interesting.

I have begun to tell friends, (family already knew), about publishamerica. I am finding that they are very understanding, and since they all have read my book, they think PA is terrible and do not think I am terrible. They tell me better luck next time and whom are you going to publish with next. I thought I would throw that in for you folks that are worried about how your family and friends will feel when/if they find out, remember, it's never as bad as we think it will be, and they are hearing it from you instead of a newspaper...it may be wise to come clean and tell your people now. Just say, "Boy, you are not going to believe what I found out but..."

I am so impressed with the absolutewrite crowd, I have gotten so much support here, emails as well as posts on this board. I will mention that I have not had any bad emails from PA authors and I do know that they know I'm here. Of course, I havent been to the boards so don't know if they are talking about me or not. I like all of the authors over there a lot, once you get the information presented here it's very hard to read the messages though, I'm glad I'm not allowed to post anymore. No more lies.

I am glad that I am getting nice emails from my author friends over there at PA...you are always welcome.

Those who were crying...okay, you'll stop, you'll calm down, you'll live through this and be better for it, we all will.

Chris

Re: This is EXACTLY why I fight!

I hear your pain, Chris - it was a horrible feeling in the pit of my stomach when I realised that I'd been conned... and I'm not stupid!

PA does a very good job of twisting words so that you sign the contract and then twist them around again so that you either can't get out of the contract or, as in my case, you get a release if you sign a gag order. Obviously, I didn't.

:lol

it's hard to deal with the fact that you've been taken, but that's what PublishAmerica relies on - that you'll be too ashamed to pursue any other venues, legal or otherwise. You'll just sit back and cower in your corner, too embarassed to tell other authors about your experiences and try to warn them off. And if you do speak up, you're banned and labelled a whiner and a loser by the PAvidians who either are still in the honeymoon phase or those older authors who have dove in with PA so deep that they believe their own lies.

but we ARE making a difference. There ARE authors deciding not to go with PA based on this thread (among others on other forums) and PA IS losing business thanks to the tireless efforts of not only ex-PA authors, but others in the business who can't stand to see naive authors drug down into the slimy depths of the monster that is PA...

sheesh... I should go write something!

:rollin

Re: my PA Letter

Tina, I sent letters to the FTC, the BBB, the AG and one other place. At the same time I sent PA a certified letter requesting they release my book. I got the release papers, via certified letter with the gag order, which I refuse to sign. I then sent letters again to the BBB and the AG. I received an email from PA telling me they would not remove the gag order. I had a letter from the BBB that asked me to say if the complaint was fixed, the parties were working on it one other which I forget, and that PA was didn't want to work on it- that's the one I checked. I received another letter from the BBB saying that PA refuses to do anything so my complaint remains on file as open.

So I'm not sure sending a letter to the BBB will work, it may but you may get the gag order. Some have signed it others haven't.

LynnEtte

Tupp

Sorry about your PA treament. If it's any consolation (and it's cold comfort, I know), the email you recieved from The Logo is the same standard boilerplate reply they send everybody. It's hard not to take personally, but try. They really aren't worth your time.

John (a former PA'er who's moved on with other books)

Re: Your response.

I wanted to add one thing...so far

We cannot get our books in stores because the bookstores say we are POD. Listen, it doesn't matter what publishamerica says POD means to this company...what matters is what the bookstores say it means.
In an earlier post someone I think was talking about having to promote your books in the future, even with traditional publishers, but there is a difference in selling your book to a bookstore because you believe in it and you are with a publisher that the bookstore is allowed to order from. No matter what someone might think of you as a PA author, no matter how much they might like you, if the top of their branch says they do not stock POD books, you are out.

Chris

to LynnEtte

Does the gag order state you can't bad mouth PA or you can't get the book published elsewhere? I don't mind shutting up if I can get my book into the right hands...

And thanks for the certified letter thing, I will do that. I would be interested in knowing what you said that made them release you.

*goes to draft a letter*

Tina

edit: What is the address to send it to? I can't seem to find it just the email addresses for all their little brainwashed bots...

PA termination agreement

Paragraph 7 has the 'gag' order and it also has a clause which says you can't reveal the contents of the agreement or show it to any third party including a publisher. So you have the rights to your book back but you can't tell a publisher that you do because that would be revealing the contents of the agreement.

Whether it would stand up in court -- who knows.

Dee

SETTLEMENT AGREEMENT AND RELEASE


This Settlement Agreement and Release (“Agreement” or “Settlement Agreement”) is made this xx Day of xxx, 200x, by and between PublishAmerica, LLLP (“Publisher”), and Xxxxx Xxxxx (“Author”) who shall collectively be identified as the “Parties” herein.


RECITALS


WHEREAS, Publisher and Author entered into a contract whereby Publisher agreed to publish Author’s book, Xxxx Xxxx Xxxx (the “Work”), according to the month day, year, agreement (“Publishing Contract”).
WHEREAS, all parties are desirous of terminating the Publishing Contract.

1. Mutual General Releases
In consideration of the agreements and covenants contained herein, Author, on behalf of himself, his predecessors, successors, assigns, affiliates, heirs, family members, administrators, executors, trustees, directors, officers, employees, partners, attorneys, agents, representatives, and associates hereby fully and forever releases, remises, acquits and discharges Publisher, and their predecessors, successors, assigns, affiliates, heirs, family members, administrators, executors, trustees, directors, officers, employees, partners, attorneys, agents, representatives, and associates from any and all claims, demands, liabilities, actions or causes of action of any kind of character, at law or in equity, whether known or unknown, accrued or not, present or future, in connection with, arising out of or in any way involving the Publishing Contract including any pre-contract and post-contract representations.
In consideration of the agreements and covenants contained herein, Publisher, on behalf of themselves, their predecessors, successors, assigns, affiliates, heirs, family members, administrators, executors, trustees, directors, officers, employees, partners, attorneys, agents, representatives, and associates hereby fully and forever releases, remises, acquits and discharges Author and his predecessors, successors, assigns, affiliates, heirs, family members, administrators, executors, trustees, directors, officers, employees, partners, attorneys, agents, representatives, and associates from any and all claims, demands, liabilities, actions or causes of action of any kind of character, at law or in equity, whether known or unknown, accrued or not, present or future, in connection with, arising out of or in any way involving the Publishing Contract including any pre-contract and post-contract representations.

2. Transfer of Publication Rights and Release of Publication Obligations.
In consideration of the agreements and covenants contained herein, the Publishing Contract is deemed terminated and of no further force or effect. All rights to publish, sell or export, or cause to be published, sold or exported, the Work, including but not limited to print or book publication, motion picture, film, video, television and/or any other electronic or computer video medium are deemed released and revert back to Author. Publisher is deemed released from all their obligations under the Publishing Contract (or any other duty implied by law), including the obligation to manufacture, market, advertise or distribute the Work. Author is deemed released from all of his obligations under the Publishing Contract.

3. Entire Contract
This Agreement constitutes the entire understanding of the parties hereto, and they shall not be bound by any terms, covenants, conditions or representations not expressly contained in this Agreement.

4. Modifications Only By A Writing
This Agreement may not be modified or changed orally, but only by an agreement in writing signed by the Parties.

5. No Admission of Liability
The parties understand and agree that nothing in this Agreement shall be construed or taken as an admission of liability on the part of any of the Parties.

6. Counterparts
This Agreement may be signed in counterparts.

7. Confidentiality and Non-Disparagement Provision
Each party acknowledges and agrees, promises, covenants and warrants that from this time forward they will not at any time exhibit, reveal or show this Agreement (including drafts) or its contents to a third party, or Publisher. Author agrees that he, his agents, attorneys, employees or family members, will only represent that the relationship between Author and Publisher was “dissolved amicably” and will not disparage Publisher in any manner whatsoever, or host and maintain any Internet web sites whose content disparages Publisher in any manner whatsoever.
Publisher agrees that they, their agents, attorneys, employees or family members, will only represent that the relationship between Publisher and Author was “dissolved amicably” and will not disparage Author in any manner whatsoever, or host and maintain any Internet web sites whose content disparages Author in any manner whatsoever.

If suit is filed to enforce any part of this Confidentiality and Non-Disparagement Provision, or otherwise seek redress for breach of this Provision, the prevailing Party or Parties shall be entitled to recover all his/their attorneys’ fees relating to the dispute.

PUBLISHAMERICA, LLLP

Dated:_______________________ By:________________________________
(signature)

Author Name

Dated:_______________________ By:________________________________
(signature)

Re: This is EXACTLY why I fight!

www.publishamerica.com/cg.../11351.htm

"I used the professional services of John Weaver (no relation) this past year and the man did more for me than what the original agreement called for. As a matter of fact, I almost begged him to continue, hoping he could eventually get my book placed into brick and mortar book stores.

Unfortunately he graciously bowed out, explaning that because of PublishAmerica's no-return policy, he didn't feel right accepting money from me when he knew there was little chance of him succeeding."

"But to trash others when you have no first hand knowledge is no different than what's already being done out there by the lunkheads and know-it-alls who keep bashing PublishAmerica, calling it a vanity press and a scam."

This acknowledgment should be the nail in the coffin finalizing his PublishAmerica cheer-leading yet he keeps holding on to his dream while saying everyone but PublishAmerica is at fault. I couldn't imagine him signing a contract knowing that his book would be excluded from most brick and mortar bookstores. The honeymoon will be over someday. Most likely sooner than later.

Shame on you, PublishAmerica for severely limiting his efforts to be a successful author and for not treating all PA authors the old fashioned way.

It's good to see some of the hundreds of PublishAmerica authors who are quietly reading this thread finally coming out to speak out against the PublishAmerica business model.

P&C
Staying Close To My Non-Traditional Publisher, PublishAmerica

Re: I do not know this for a fact

Dee: "So you have the rights to your book back but you can't tell a publisher that you do because that would be revealing the contents of the agreement."

Why is this important? If you get the rights to your book back, and you submit it to another real publisher, would it ever be asked if you had the rights? I have no idea what happens if you get them back and want to get the book published somewhere else, does anyone ever do that?

Thanks,
Chris

Re: I do not know this for a fact

If you get the rights to your book back, and you submit it to another real publisher, would it ever be asked if you had the rights.

Yes. The next publisher, knowing that this is a reprint, would want to know that you had the rights in order to sell it to them. (If you sold rights which hadn't been reverted, bad things would happen to both you and the new publisher.)

You'd routinely be asked to include a copy of the reversion letter from the last publisher along with your contract with the new one.

Re: re: the challenge

Thank you. Then publishamerica is really trying to tie the authors hands, sort of a if we can't have it no one else can either. Figures.

Publishamerica really knew what they were doing when they set out to deceive. It is like they let you out, but they don't let you out...there should be a 'gag me with a spoon' icon.


Chris

Uncle Jim

So with that little piece of written bolus in your possession, how in the Sam Scratch could one ever hope to get their book published by a real firm?? Sheesh, that's the most Catch-22 thing I've ever heard...outside of the real Catch-22. Man!!

John (shaking his head...)

Re: Libraries

I have reason to believe that out of the 12,000 happy authors, only six books are in the Independence program.

And it seems that it's *still* up to the authors to get their books placed in bookstores.

WG

Re: I do not know this for a fact

"You'd routinely be asked to include a copy of the reversion letter from the last publisher along with your contract with the new one."

Does this mean that PublishAmerica wants to turn the knife in your back one last time out of vindictiveness by stopping you from getting your book published elsewhere?

Re: I do not know this for a fact

And whenever someone comes on the pa boards and says they can't get books into stores because it is a POD, there are five who chime in and say, "NO, that's not why, it's the no return policy."

Re: re: the challenge

Publishamerica really knew what they were doing when they set out to deceive. It is like they let you out, but they don't let you out...there should be a 'gag me with a spoon' icon.

Click to expand...

If there's one thing you can count on with PA, it's that everything they do benefits them and only them.

Re: I do not know this for a fact

Does this mean that PublishAmerica wants to turn the knife in your back one last time out of vindictiveness by stopping you from getting your book published elsewhere?

Click to expand...

It sure sounds that way, doesn't it, P&C? It's like they give with one hand and take back with the other. They might let you go, but you have nowhere to go.

Re: I do not know this for a fact

The publisher that I am with now is the one that told me about PA's dishonest practice and sent me here. That being said, he's told me if I get free of them to send him the manuscript. I shouldn't have problems with a gag order if this is my scenario correct??

Still looking for the PA address to send my certified letter if anyone has that lying around. you can PM me or post it here. Or email me at tinasam69 at hotmail dot com.

Tina

About that reversion paper

With the gag, it's just one more way for PA to punish you for wanting to leave. Kind of like, if we can't have it and your money, then no one can have it.