Terms and Conditions

Agreement between You and 52 Novels

Welcome to http://www.52novels.com. The http://www.52novels.com Web site (the Site) is comprised of various web pages operated by 52 Novels LLC (the Company). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the Terms). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Our Services

52 Novels LLC is software design, development and consulting company that offers a wide range of book-production related services including, but not limited to, ebook and print book design, development and production, and publishing industry consultation (collectively, the Services). You may view a current offering of Services at http://www.52novels.com. The Company reserves the right to add, modify or alter such Services at any time and without prior notice.

Electronic Communications and Limited License to Review Your Content

Visiting the Site, transmitting documents or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

By uploading, emailing or mailing the Company any documents (the Content), including but not limited to, word processing files, facsimiles, images, books, and other Content, printed or electronic, you acknowledge that you are granting the Company the royalty-free, worldwide right and license (the License) to review and use the Content for the purposes of providing an estimate of work and/or to perform work. Should you reject the Services, the License terminates unless otherwise agreed upon between You and 52 Novels. You retain all rights, title and interest in Your Content, regardless of whether You accept or decline the Services.

The uploaded file should not be a partial sample, a sample chapter, or a collection of sample chapters, and all Content submitted to 52 Novels must be in final form. 52 Novels will not proofread, edit, or reformat content unless that service is requested and quoted as part of the Service. Please note that unless otherwise requested, the final ebook and/or print-ready files delivered to you will be formatted in accordance with the originally submitted source files, taking into consideration the limitations of ebook devices, formats, printer’s specifications, and reading software being used to display the Content. If your manuscript file has formatting or textual issues, those issues will likely be retained in the final ebook and/or print-ready files.

Project Estimates Process

When you submit Content for a project estimate, 52 Novels will review the Content and will, at its sole discretion, send you a quote for approval or reject the request. You may resubmit Content for an estimate with new files if we reject an estimate request because of incomplete, incorrect, or damaged files. If we reject an estimate request because of content restrictions, we will not accept an estimate request on the same project.

When approving an estimate you acknowledge:

The source files you have given us are final and ready for development. If you need to submit a new file, please decline the estimate, then upload your new files and request a new estimate;

The deposit you pay is non-refundable, and submitting updated files later in the process may cancel a Project’s development without a refund and may incur additional charges for work completed; and

Revisions can be made after the Project files are completed and will be charged our standard editorial revision fees.

Once an estimate for Services has been accepted and any required deposits or fees are paid, the Project will be placed onto our development schedule.

Changes to a Project’s scope or source files, or substantial edits submitted after an estimate is approved, even if the deposit has been paid and the Project is in development, could result in the cancellation of the Project, the loss of the deposit, and incur additional charges for work completed. It is your responsibility to ensure that the files delivered to us are complete and final, and that you have explained fully and clearly anything you want done as part of the Project.

Estimates are only valid for 30 days after they are issued. After that time, all estimates will be re-assessed and re-issued, possibly with new/updated fees.

Rights and Intellectual Property

Should you engage 52 Novels to create ebook and/or print-ready files (the Work) pursuant to the Services described above, Your and 52 Novels rights with respect to the Services and the Work produced by 52 Novels for You are defined as follows:

Copyright: The copyright in the Work shall belong to You or the party that You cite as the copyright holder. You are solely responsible for filing for any copyrights and any other intellectual property with the appropriate governmental body. It is Your responsibility to provide a copyright notice on the copyright page or some other prominent place in the Work.

Ownership: You acknowledge and agree that the 52 Novels Web Site, services, and processes are proprietary to 52 Novels and that the Work is proprietary to You.

Formats: You shall submit Your Content as a PDF, Microsoft Word document (.doc or .docx), InDesign file, print book, or other formats as allowed by the Company. The Company shall utilize its proprietary technology and staff to convert the book into multiple ebook formats as is requested and stipulated in the project Quote. Due to the technical nature of the 52 Novels system, we require that You submit files to 52 Novels in specific formats and subject to certain content specifications which must be followed.

Software: All software programming, including without limitation all scripts, widgets, tools, HTML, other code and creation files, and custom art contained in the 52 Novels Web Site or used in the ebook or print-ready book development process (collectively, Software), is owned by the Company and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

Cancellation/Refund Policy

You may cancel your Project at any time after it has been booked to our schedule. Any deposits paid by you are non-refundable and additional fees for any and all completed work to date may be due at the time of cancellation. Please contact us at admin@52novels.com with any questions regarding this policy.

Security and Privacy

The Company will make every reasonable effort to properly secure the Content while it is in its possession. However not all security measures are failsafe and the risk for compromise may exist. The License does not grant the Company the right to sell or otherwise distribute your Content without your express consent to do so. By agreeing to transmit or send the Company your Content you agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any security breach or catastrophic event, including but not limited to computer hardware or software failure, that may occur.

The Company does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under 18, you may use the Site only with permission of a parent or guardian.

To read the Company’s Privacy Policy, click here: http://www.52novels.com/privacy-policy.

Links to Third-party Sites/Third-party Services

The Site may contain links to other Web sites (Linked Sites). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.52novels.com domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

International Users

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through http://www.52novels.com in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 52 NOVELS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

52 NOVELS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. 52 NOVELS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 52 NOVELS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 52 NOVELS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Site and the related services or any portion thereof are offered at any time, without notice. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

The Company welcomes your questions or comments regarding the Terms:

52 Novels LLC
7817 Shaftesbury Drive
Sylvania, Ohio 43560
Email Address: admin@52novels.com