Terms and Conditions

The Website (the Site) http://www.ebookfixer.com is comprised of web pages operated by Moondog Books, LLC (the Company). The Site offered is conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms.

E BOOK fixer Services

E BOOK fixer provides formatting services for Kindle eBooks, mobi and epub books, mobi and epub advanced reader copies (ARCs) and CreateSpace print-on-demand books (the Services). 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 agree that all agreements, notices, disclosures and other communications the Company provides 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 your manuscript (the Work), including but not limited to word processing files, facsimiles, images, and other printed or electronic content, you acknowledge granting the Company the license to review and use the Work for the purposes of providing an estimate of the cost of Services and to perform the Services. Should you reject the Services, the license terminates unless otherwise agreed upon between you and the Company. Regardless of whether you accept or decline the Services, you retain all rights, title and interest in your Work.

The uploaded file containing your manuscript must be in final form. The Company will not proofread or copyedit the manuscript. The final Kindle eBook, mobi, mobi ARC, epub, epub ARC or print-ready files will be formatted using the originally submitted manuscript, taking into consideration the limitations of eReaders, formats, printer’s specifications and software being used to display the Content.

Project Estimate Process

After submitting a complete manuscript, e BOOK fixer will review the manuscript and will, at its sole discretion, send you a quote for approval or reject the request. If the manuscript is rejected because of incomplete, incorrect or damaged files, you may resubmit a new manuscript for an estimate.

When approving an estimate, you acknowledge the following:

  1. You shall submit your manuscript as a Microsoft Word document (.doc or .docx). Files submitted in other formats will be rejected.
  2. Your uploaded manuscript is final and ready for formatting. If you need to submit a different manuscript, then decline the estimate, upload the new manuscript and request a new estimate.
  3. Your deposit is non-refundable. Submitting an updated manuscript after the book formatting has begun may cancel the project without a refund and may incur additional charges.
  4. If you would like to make revisions to the manuscript after the formatting is completed, you will be charged the standard revision fee.
  5. The Work copyright shall belong to you or the party you cite as the copyright holder. You are solely responsible for filing any copyrights or intellectual property rights. It is your responsibility to provide a copyright notice in the Work.
  6. It is your responsibility to upload a complete and final manuscript and fully explain any special formatting requests.
  7. Once you accept the project estimate and pay the deposit or revision fees, you will be provided with an estimated project completion date. The Company reserves the right to modify the estimated completion date.
  8. Project estimates are valid for 30 days.

 

Ownership and Assignment of Work Product

The Company agrees that any and all Work Product will be the sole and exclusive property of you. If the Company has any rights to the Work Product that are not owned by you upon creation or embodiment, the Company automatically on receipt of final payment from you irrevocably assigns to you all right, title and interest worldwide to the Work Product.

Security, Privacy and Confidentiality

The Company will make every reasonable effort to secure the Work while it is in its possession. The Company will not sell or distribute your Work and personal information. The Company will not disclose, discuss or publish any confidential information acquired during the project without your express consent. By agreeing to send or transmit your Work, 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 attorney’s fees) relating to or arising from any security breach, computer or software failure or catastrophic event.

Persons under the age of 18 may use the Site only with the permission of a parent or guardian.

Cancellation/Refund Policy

Either party has the right to cancel services in the event the other party has materially breached the agreement and fails to cure such breach within (15) days of notice by the non-breaching party, setting forth in reasonable detail the nature of the breach. Deposits are non-refundable after formatting has begun.

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 attorney’s fees) relating to or arising from 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 or 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 the indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Liability Disclaimer

The information and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company may make improvements or changes to the Site at any time. Advice received via the Site should not be relied upon for personal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

The Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information and services contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information and services are provided “as is” without warranty or condition of any kind. The Company hereby disclaims all warranties and conditions with regard to the information and services, 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 the Company 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 and services 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 the Company 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.

International Users

E BOOK fixer is controlled, operated and administered by the Company from our offices within the USA. If you access the Site 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.ebookfixer.com in any manner prohibited by any applicable laws, restrictions or regulations.

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 Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado 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 Information

You may contact e BOOK fixer with your questions or comments regarding the terms at:

Moondog Books

1590 S. Krameria St.

Denver, CO 80224

Email Address: ebookfixer@gmail.com