Terms of Service

A. Accepting the Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Author,” “you,” or “your”) and Write and Release Publishing (“Company,” “we,” “us,” or “our”). By purchasing and/or using the services provided by Write and Release Publishing (the “Services”), you agree that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT PURCHASE OR USE ANY OF THE SERVICES.

B. Purchase of Services

Subject to these Terms, Write and Release Publishing agrees to provide the Services that you purchase as specified in the invoice issued by us. We reserve the right to charge for any additional services and expenses outside the scope of the Services purchased. Please read the service descriptions carefully prior to selecting and purchasing any of our services. The Company retains the right to refuse service to anyone for any reason at any time.

C. Term

The term of this agreement (“Term”) will begin upon Write and Release Publishing’s acceptance of your order for the Services and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. Either party may terminate this agreement by providing thirty (30) days written notice to the other party. Termination of this agreement does not relieve the Author of any payment obligations incurred prior to termination.

D. Author Intellectual Property Rights

 

D.1 Ownership of Manuscript

You retain ownership of the manuscript submitted. All intellectual property rights in and to your manuscript and its contents, including edited versions, remain with you. You grant Write and Release Publishing a non-exclusive license to use the manuscript for the purpose of providing the Services.

D.2 Illustrations

If you purchase illustration services, you are granted the copyright in the final versions of the illustrations. However, illustrators retain the right to use the illustrations in their portfolios for career advancement. You may not use the illustrations for any other purpose without the prior written consent of Write and Release Publishing. Write and Release Publishing may display the illustrations on its website for the purpose of adding them to the Write and Release portfolio.

E. Write and Release Rights

You grant Write and Release Publishing a non-exclusive, irrevocable right and license to print and distribute books, directly and through third-party distributors, in all formats you choose. Write and Release may: a) Reproduce and make excerpts available on our website or third-party websites to facilitate marketing and sales. b) Display your book (including cover, author’s name, picture, book description, and related information) on our website or third-party websites. c) Market and sell the book in all chosen formats directly and through third-party distributors and retailers.

Write and Release has no obligation to retain or return copies of submitted materials or any materials provided in connection with the purchase of the Services. We are not responsible for any lost or damaged materials.

F. Scope of Services

 

F.1 Descriptions of Services

Service descriptions are available on our website and in the invoice issued at the time of purchase. Write and Release is only required to fulfill the services described in the issued invoice. Any additional services or modifications requested by the Author are subject to additional charges and must be agreed upon in writing.

G. Distribution

“Distribution” involves making your book available to numerous book retailers. Print on Demand (POD) is a distribution method that prints books in response to orders. Write and Release will use commercially reasonable efforts to distribute your book but makes no guarantees regarding the number of books sold or the level of exposure your book will receive.

H. Royalties

Royalties are paid based on the chosen distribution model: Distribution 90, Distribution 100, and Direct Distribution. For Distribution 90 and 100, royalties are paid quarterly with a $100 minimum payment threshold. If royalties are less than $100, the amount will be added to the next quarter’s payouts. Write and Release is not responsible for any taxes owed on royalties received by the Author.

I. Refunds

You may request a refund if: (a) you terminate this Agreement before the Publishing Process begins, or (b) you terminate this Agreement within fifteen (15) calendar days of your first payment. You will receive a full refund minus a $149 payment processing fee. No refunds are granted once editing or layout services commence. Refunds will be processed within thirty (30) business days following your notice of termination. Write and Release reserves the right to issue refunds at its sole discretion for other circumstances not listed above.

J. Author Warranties and Responsibilities for Content

You represent and warrant that:

  • You are the sole proprietor of the manuscript and materials submitted and have full authority to enter into this Agreement.
  • Your manuscript and materials do not infringe on any third-party intellectual property rights.
  • Your manuscript contains no obscene, libelous, or illegal content.
  • All factual statements in the manuscript are true and based on diligent research.

You are solely responsible for the content of your manuscript and any other materials submitted. Write and Release is not responsible for verifying the accuracy or legality of your content.

K. Indemnity

You agree to indemnify and hold harmless Write and Release Publishing and its affiliates from any claims, liabilities, damages, expenses, including attorney’s fees, arising from any breach of your representations, warranties, or obligations in this Agreement. You will cooperate with Write and Release in the defense of any claim. This indemnity obligation survives the termination of this Agreement.

L. Write and Release Limited Warranty

Write and Release warrants to perform all purchased services in a professional manner consistent with industry standards. Remedies for breach of this warranty include either a refund or re-performance of deficient services, at Write and Release’s discretion. Write and Release’s liability is limited to the amount paid by the Author for the services in question.

M. Limitation of Liability

To the maximum extent permitted by applicable law, Write and Release Publishing shall not be liable for: (A) Any claims relating to your purchase or use of our services, (B) Indirect, incidental, exemplary, or consequential damages, (C) Damages relating to third-party conduct or content, (D) Any other damages. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, regardless of whether we have been informed of the possibility of such damage. If any remedy set forth herein fails its essential purpose, this limitation of liability shall still apply.

N. Modifications of this Agreement

We reserve the right to modify these Terms at any time. Modifications are effective upon posting, and your continued use of the Services constitutes your acceptance of the modified Terms. You are responsible for reviewing and becoming familiar with any modifications.

These Terms of Service constitute the entire agreement between you and Write and Release Publishing regarding the use of the Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.