These terms of service ( the “Terms”) govern your purchase and use of publishing, marketing distribution services, and/or any other services offered by Write and Release Publishing. Please read carefully before purchasing and/or using the services.
A. Accepting the Terms of Service
These terms of service constitute a legally binding agreement made between the Author (“you”, “Author” or “your”) or similar terms, whether personally or on behalf of an entity, and Write and Release Publishing (“company”,“we” ,“us”, or “our”) concerning the purchasing and/or using of the services (herein referred as the “Services”) provided by us.
You agree that by purchasing and/or using our services, you have read, understood and agreed to be bound by all these Terms of Service. 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 only the services that you purchase (the “Services”) all of which are found on the invoice issued by us. We reserve the right to charge for any additional services and expenses provided or incurred that are outside the scope of the Services purchased. We encourage you to please read the service descriptions carefully prior to selecting and purchasing any of our services.
The term of this agreement (the “Term”) will begin upon the acceptance by Write and Release Publishing 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.
D. Author Intellectual Property Rights
D.1 Ownership of Manuscript
Author retains ownership of manuscript submitted. You retain all intellectual property rights in and to your manuscript and its contents including but not limited to the edited version of your manuscript if you purchase editing service/s, and all contents and edits involved in the process.
Write and Release grants the copyright in the final versions of the illustrations to the Author if illustration services are purchased. However, illustrators shall not be prohibited to use the illustrations in their portfolios if they want to showcase the projects they have worked on for the advancement of their careers.
E. Write and Release Rights
You grant to Write and Release Publishing a non-exclusive, irrevocable, right and license to print (on-demand and in anticipation of customer demand) and distribute books, directly and through third-party distributors, in all formats you choose by all distribution means available. Write and Release may:
a.) reproduce, make excerpts available on Write and Release website, or on websites controlled by any third-party to facilitate the marketing and sale of the Book; and
b.) display your book (e.g., book cover, author’s name and picture, book description and any other related information) on Write and Release website or on any third party websites.
Market and sell the book in all formats you choose directly and through Write and Release third party distributors and/or retailers.
Lastly, Write and Release shall have no obligation to retain or return copies of Author’s submitted materials as well as be obliged to store, return any files and/or any materials that the author provided in connection with the purchasing of the services. Write and Release shall not be responsible for any lost or damaged materials provided by the Author.
F. Scope of Services
F.1 Descriptions of Services
The descriptions of the services are found on the Write and Release website as well as on the invoice issued to the author at the time of the purchase. Please read the service descriptions prior purchasing the services. Write and Release will not be required to fulfill any services beyond those described on the issued invoice.
“Distribution” is the process of making your book available to thousands of book retailers. Print on Demand is a distribution method that prints books in response to orders. POD allows to print books as they’re ordered.
Royalties are paid to authors depending on the chosen distribution. Write and Release offers the following distribution: Distribution 90, Distribution 100 and Direct Distribution. If an author selects Distribution 90 and 100, royalty payments are paid quarterly and subject to a $100 minimum payment threshold. In an event that the royalties are less than $150, such amount shall be added to the next quarter pay-outs.
Author can request for a refund under any of the following conditions: (a) author terminates this Agreement prior to the commencement of the Publishing Process and/or (b) author terminates this Agreement within fifteen (15) calendar days from the Author’s first payment, whichever occurs first. Author shall receive a full refund less $149 to cover payment-processing fees.
No refund shall be granted once we commence the editing or lay-out services of your book. All refunds shall be made by us within thirty (30) business days following the notice of termination provided by the Author.
J. Author Warranties and Responsibilities for Content
Author’s Representation and Warranties. You represent and warrant to Write and Release Publishing that:
-Being the sole proprietor of the manuscript and all the materials submitted, you have the full power and authority, free of any rights of any nature whatsoever by any other person, to enter into this Agreement;
-Your manuscript and the materials submitted does not, and if published will not, infringe upon any copyright, trademark, or any other intellectual property rights or other proprietary rights of any third party;
-Your manuscript contains no matter whatsoever that is obscene, libelous, violative, of any third party’s right of privacy, or publicity, or otherwise in contravention of law or the right of any third party; and
-All statements of fact in the manuscript are true and are based on diligent research;
Author agrees to indemnify and hold harmless Write and Release Publishing, its employees, contractors, directors, representatives, partners, its affiliates, distributors, channel partners, licensors and assigns of and from any and all manner of claims, liabilities, damages, expenses, including reasonable attorney’s fees, awards, and judgments arising out of any breach of any of Author’s representations, warranties, covenants or obligations in this Agreement or from third-party claims of ownership, libel, slander, plagiarism, breach of privacy, misappropriation, or similar claims arising from publication of the Work. Author agrees to hold Write and Release harmless from any dispute arising as a result of any purchase or use of the Book or its contents. You will use your best efforts to cooperate with Write and Release in the defense of any claim.
L. Write and Release Limited Warranty
Write and Release warrants to perform, execute and provide all the services purchased in a good and professional manner consistent with the industry standards. The remedy for a breach of this warranty shall be either a refund or the performance of the deficient Services.
M. Limitation of Liability
To the maximum extent permitted by applicable law, Write and Release Publishing shall not be liable for: (A) ALL CLAIMS OF ANY KIND INCLUDING ANY CLAIMS RELATING TO YOUR PURCHASE OR USE OF OUR SERVICES, (B) ANY INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (C) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE SERVICES , AND/OR (E) DAMAGES IN ANY MATTER. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER APPLICABLE LAWS, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
N. Modifications of this Agreement
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. Modifications are effective when posted, and your use of the Service following any such posted modification constitutes your acceptance of the terms of this Agreement. You are responsible for reviewing and becoming familiar with any modifications involved.