Terms and Conditions
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Termination and Refunds
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Either Party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' prior written notice to the other Party. Upon termination of this Agreement, You will remain liable for payment of the balance due for any outstanding Service Order(s), Additional Services or other fees, subject to the Refund provisions below. We may terminate this Agreement immediately and without prior notice for the following reasons:
(a) Our determination that affiliation with You or the Work has or might subject Us, Our Affiliates or Our Contractors to public disapproval;
(b) upon receipt of a formal or informal allegation, complaint, demand, or Action in any form made by a third party relating to You or Your Work; or
(c) upon receipt of notice from government or other person or entity that Your Author Royalties from Qualifying Sales of the Work are subject to inquiry, investigation, Action, or garnishment.
Subject to the exception below, upon Termination of the Agreement, We will refund amounts paid by You for Publishing Packages or individual Services ("Refund") as follows:
(a) Publishing Packages. The potential Refund for a Publishing Package is exclusive to the amount paid for such Publishing Package as set forth in the Service Order(s), and will be calculated as follows:
i) Prior to submission of the Manuscript: 100%, less a non-refundable (insert amount) Setup Fee
ii) After (i) above but prior to the start of interior design work: 50%
iii) After (ii) but prior to Final Approval 25%
iv) After Final Approval No Refund
(b) Services not Included in Publishing Packages. We will Refund to You the full amount paid for individual Services not included in a Publishing Package, or Additional Services, that We have not fulfilled or started to fulfill, or that We are unable to fulfill as of the effective date of the Termination. If We have fulfilled or started to fulfill a Service or Additional Service, no Refund for that Service or Additional Service will be due to You.
(c) if You terminate this Agreement more than [insert months] after the Effective Date, You will not be entitled to a Refund
Termination for Non-Compliance with Content Guidelines. You or We have the right to terminate this Agreement pursuant if Your Work does not comply with Our Guidelines. If We terminate this Agreement due to non-compliance with the Guidelines, We will Refund to You the amounts paid for the Publishing Package and/or individual Services, less a fee of (amount in words) (amount in numbers). If You terminate this Agreement more than (insert months) after the Effective Date, You will not be entitled to a Refund.
Our Duties upon Termination. Within (insert number of days) after Termination of this Agreement, We will cease Our promotion, sale and distribution of Your Work. Furthermore, We will supply notices within (insert number of days) through Our normal channels established to notify Our Affiliates, Contractors, Distribution Channels and other parties to discontinue selling, printing, and distributing Your Work. You acknowledge that We are not responsible for the failure or delay of any of Our Contractors, or any other third party, to remove a Work from print, sale, publication, distribution, or promotion once We have submitted notification through normal channels. You release Us and Our Affiliates, and waive any claims against Us or Our Affiliates, arising from printers', retailers' or distributors' failure to timely remove Your Work , as published by Us, from print, sale, publication, or distribution of Your Work. Your Sole Remedy against Us or Our Affiliates arising from the print, sale, publication, distribution, promotion, marketing, or other use of the Work after Termination of this Agreement is the payment of Author Royalties earned on Qualifying Sales.
Timing of Refund; Non-Refundable Fees. We will make reasonable efforts to process any Refund due within (insert number of days) after the date of the Termination, absent any extenuating circumstance or disagreement regarding the applicability or amount of the Refund. We may issue the Refund to You by the same payment mechanism that You paid Us with, or, if that payment mechanism (such as the original credit card) is no longer available, any other mechanism We choose, in Our discretion. We will not be required to Refund any non-refundable fees, such as the Setup Fee or the Content Evaluation Fee, regardless of the circumstance causing the Termination of the applicable Service Order or this Agreement.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com
By visiting this page on our website: chaptersmediaad.net
By phone number: 888-688-1471