TERMS
AND CONDITIONS
Last updated 3 January
2022
1. Introduction
Please read these
Terms and Conditions (hereafter “Terms” or “Terms and Conditions”) carefully
before using the website www.weirdbeardpress.com (hereafter the “Service”)
operated by Weird Beard Press
(hereafter “we,” “us,” and “our”).
Your access to
and use of this Service is conditional upon your acceptance of and compliance
with these Terms, which apply to all clients, customers, visitors, users, and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
If you disagree with any part of the Terms, then you do not have permission to
access the Service.
2. Acceptable Use
The purpose of
the Weird Beard Press website is,
first, to provide information for authors interested in having their material
published, distributed, and promoted by us under our imprint and according to
our specifications; and second to sell published work to customers of the
Service, typically through third-party distributors.
You may not use
this website in any way that causes, or may cause, damage to the website or
impairment of the availability or accessibility of the website; or in any way
which is unlawful, illegal, fraudulent, or harmful, or in connection with any
unlawful, illegal, fraudulent, or harmful purpose or activity.
You may not use
this website to copy, store, host, transmit, send, use, publish, or distribute
any material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit, or other malicious computer
software (known collectively as “malware”).
You may not
conduct any systematic or automated data collection activities (including,
without limitation, scraping, data mining, data extraction, and data harvesting
on or in relation to this website without the express written consent of Weird Beard Press and its licensors.
You may not use
this website to transmit or send unsolicited commercial communications.
You may not use
this website for any purposes related to marketing without the express written
consent of Weird Beard Press and its
licensors.
You may view,
download for caching purposes only, and print pages or other content from the
website for your own personal use, subject to the restrictions set out below
and elsewhere in these Terms.
You may not:
·
republish material on or from this website, including
republication on another website;
·
sell, rent, or sublicense material from the website;
·
exhibit any material from the website in public;
·
reproduce, duplicate, copy or otherwise exploit material on this
website for a commercial purpose;
·
edit or otherwise modify any material on the website;
·
redistribute material from this website except for content
specifically and expressly made available for redistribution; or
·
distribute our publications in any manner to other individuals
anywhere on the internet or offline for public consumption. You may not print
copies for distribution. You may not translate e-books into other languages or
their various dialects or alternate written forms for distribution.
This website may
use cookies, which are small files in your computer’s hard drive that contain
data stored by your web browser used to provide you with added functionality,
such auto filling of data fields. By
using this website and agreeing to these Terms, you consent to our use of
cookies in accordance with the terms of our Privacy Policy.
Any and all personal information that we collect from you in
any format is used exclusively for the purposes of conducting business with our
clients (those who sell us their work) and our customers (those who buy the
work from us). We are the sole owners of
the information collected on this site. We collect only that information you
voluntarily provide to us by email, in writing, or through some other means of
direct contact between you and us. Under
no circumstances do we ever sell, lease, or otherwise provide your personal
information to or any third parties except
when it is required by one of our subcontractors or suppliers in order to deliver the product or service you have
purchased, or to process your payment for these products or services. Examples
of subcontractors or suppliers are our credit card processors and our website
hosting service.
You will be asked
to disclose private information other than your legal name, age, email address,
country of residence, and the payment information outlined in Paragraph 10 below
only in response to a legal requirement, such as a court order or an
investigation for fraud or illegal activity conducted by a law enforcement
agency or tax authority, or as part of a defense against a legal claim.
We endeavor to
protect the identity of any author who chooses to publish under a pseudonym,
which may be shared in some instances, but which must always be identified as
such in the contract worked out between us and the author or authors using it,
unless we are required by law to disclose it to an agency of law enforcement or
taxation, or pursuant to a court order or legal judgment.
We reserve the
right to reject any pseudonym that we, at our sole discretion, deem
provocative, profane, inflammatory, misleading, or otherwise unsuitable for our
imprint.
We may contact
you via email in the future to tell you about special offers, new services, or
changes to our privacy policy. You may
at your discretion opt out of any future contact from us at any time by
contacting us in writing by mail or e-mail.
We take precautions to protect your information. When you submit
sensitive information via the website, your information is protected both
online and offline.
5. Warranties
This website is
provided “as is” without any representations or warranties, either express or
implied. We make no representations or
warranties in relation to this website, or the information and materials
provided on it.
Without prejudice
to the generality of the foregoing paragraph, we do not warrant the website
will be constantly available, or available at all; or that the information
provided on it is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is
meant to constitute, advice of any kind.
If you require advice in relation to any legal, financial
or medical matter you should consult an appropriately credentialed and licensed
professional.
6. Limitations of Liability
Weird Beard Press will not be liable to
you (whether under the law of contact, the law of torts, or otherwise) in
relation to the contents of, the use of, or otherwise in connection with, this
website:
·
to the extent that the website is provided free-of-charge, for
any direct loss;
·
for any indirect, special or
consequential loss; or
·
for any business losses, including but not limited to losses of
revenue, income, profits, or anticipated savings; loss of contracts or business
relationships; loss of reputation or goodwill; or loss or corruption of
information or data.
These limitations of liability apply even if we have been
expressly advised of the potential loss.
You agree that you will not bring any claim personally against our
officers or employees with respect to any losses you suffer in connection with
the website or your use thereof.
Without prejudice
to the foregoing paragraph, you agree that the limitations of warranties and
liability set out in this website disclaimer will protect and hold blameless
our officers, employees, agents, subsidiaries, successors, assigns, and
subcontractors in the event of such a loss.
7. Indemnity
You hereby agree
to indemnify Weird Beard Press,
along with its officers, employees, agents, subsidiaries, successors, assigns,
and subcontractors, and undertake to keep us indemnified against any losses,
damages, costs, liabilities, and expenses (including without limitation legal
expenses and any amounts paid by us to a third party in settlement of a claim
or dispute on the advice of our legal advisers) incurred or suffered by us
arising out of any breach by you of any provision of these Terms and
Conditions, or arising out of any claim that you have breached any provision of
these Terms and Conditions.
8. User Content
Under these Terms, material (including
without limitation text, images, audio material, video material and
audio-visual material) that you submit to this website, for whatever purpose,
constitutes your User Content. Your User
Content must not be illegal or unlawful, must not infringe any third party’s
legal rights, and must not be capable of giving rise to legal action whether
against you or us or a third party (in each case under any applicable law. You must not submit any user content to the
website that is now or has ever been the subject of any threatened or actual
legal proceedings or other similar complaint.
We reserve the
right to edit or remove any material that is submitted to this website, stored
on our servers, or otherwise hosted or published on this website.
9. Submissions
In order to submit material to Weird Beard Press to be reviewed and considered for publication,
you must be able to prove you are currently of legal age, and otherwise
eligible in every applicable lawful respect, to enter into a lawfully binding
contract with us. You must provide your
legal name and address. We agree in turn
to review for a period not to exceed 120 days manuscripts (hereafter the “Work”
or “Works”) up to 50,000 words in length to determine first whether the theme,
content, subject matter, and presentation style, among other factors, are
suitable for publication under our imprint, with or without additional editing,
which is normally required; and second whether we can enter into a mutually
satisfactory contract with the author or authors of said Work, with or without
intermediary agents, representatives, or other assigns, to allow its fair,
equitable, lawful, and profitable distribution in various formats and
throughout locales all to be specified in the contract. Longer works typically require more time to
evaluate. The editing process that
follows may take up to another full year.
The terms and conditions of each contract will vary based on the amount
of editing we have to do to bring the quality and scope of the Work up to our
publication standards. Third-party
vetting by experts in a particular field may also be necessary. Any applicable
fees are passed along to the author of the Work, usually in full. Authors are furthermore responsible for
paying the fees of any agents they choose to hire to represent their
interests.
Royalty payments
begin at 50% of a Work’s net sales of audio books and e-books, and 20% of net
sales for print books, paid monthly.
With anthologies, royalties are shared according to the number of
individual contributors, some of whom may write under one or more pseudonyms in
the same volume.
Your creative
work must be presented to us first in the form of a written proposal (hereafter
the “Proposal”). You certify by
submitting a Proposal to us that the Work it describes is entirely original and
not derivative, except under the provisions of Fair Use law embodied in the
Copyright Act of 1976, 17 U.S.C. § 107 governing such works, and so identified,
and that it is your intellectual property, to which you are interested in
selling limited and, typically, exclusive territorial distribution and other
rights. Persons possessing properly
documented power of attorney may, in some cases and within limits determined by
Weird Beard Press, act on behalf of
authors who are incapacitated, deceased, or underage. Once approved, the work or works described in
the Proposal may be submitted in full for further evaluation. The costs of any necessary editing or
vetting, as for accuracy, will be outlined in the contract between you and us.
Falsification of
any information submitted to us proven beyond a reasonable doubt shall result
in termination of any contract.
Individual contracts will contain additional terms that, if violated,
will render the agreement null and void.
Weird Beard Press assumes no liability
for unsolicited manuscripts, including any and all
submissions not preceded by a standard Proposal and subsequently approved in
writing for further consideration by our editorial staff. If these are accompanied by a postpaid
envelope, they will be returned to their authors or other agents without
review. Otherwise they will be shredded.
If you wish to
purchase any product or service made available through the Service (hereafter
known as a “Purchase”), you will be asked to supply certain information
relevant to your Purchase including, without limitation, your credit card
number, the expiration date of your credit card, your Card Security Code (CSC), your billing address, and your
shipping information. You represent and
warrant that (i) you have the legal right to use any
credit card(s) or other payment method(s) in connection with any Purchase; and
that (ii) the information you supply to us is true, correct, and complete. The service may employ the use of third-party
services for the purpose of facilitating payment and the completion of
Purchases. By submitting your information, you grant us the right to provide
the information to these third parties subject to our Privacy
Policy.
We reserve the
right to refuse or cancel your order at any time for reasons including but not
limited to product or service availability, errors in the description or price
of the product or service, errors in your order, or for other reasons. We reserve the right to refuse or cancel your
order if fraud or an unauthorized or illegal transaction is suspected.
From persons
living outside Canada and the United States we can transact business only by
means of PayPal. We apologize for any inconvenience.
11. Availability, Errors, and Inaccuracies
We are constantly
updating product and service offerings on the Service. We may experience delays
in updating information on the Service and in our advertising on other web
sites. The information found on the Service may contain errors or inaccuracies
and may not be complete or current. Products or services may be mispriced,
described inaccurately, or unavailable on the Service and we cannot guarantee
the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or
update information and to correct errors, inaccuracies, or omissions at any
time without prior notice.
12. Refund Policy
Weird Beard Press does not offer
refunds on purchases of e-books. Due to
the nature of the medium, e-books are impossible to “return” to the purchaser once
they've been downloaded, in the same way a printed book may be. Refunds may be provided on print books if
they are returned in perfect condition within fourteen days of purchase. Our distributors may set different return
policies, rejection of which can limit or suspend your access to their
services.
13. Copyright Policy
We respect the
intellectual property rights of others. It is our policy to respond to any
claim that Content posted on the Service infringes on the copyright or other
intellectual property rights (an action defined as “Infringement”) of any
person or entity.
If you are a
copyright owner, or are authorized on behalf of one, and you believe that the
copyrighted work has been copied in a way that constitutes copyright
infringement, please submit your claim via email to complaints @weirdbeardpress.com,
with the subject line "Copyright Infringement" and include in your
claim a detailed description of the alleged Infringement as detailed below
under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held
accountable for damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any Content found
on and/or through the Service on your copyright.
Copyright may in
some instances be shared between or among more than one creator of an otherwise
original work. This rule applies
particularly in the case of anthologies and other compilations.
15. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a
notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
·
an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright's interest;
·
a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
·
identification of the URL or other specific location on the
Service where the material that you claim is infringing the copyright is
located;
·
your address, telephone number, and email address;
·
a statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
·
a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
You may contact our Copyright Agent via email at complaints@weirdbeardpress.com .
16. Intellectual Property
The Service and
its original content, features, and functionality are and will remain the
exclusive property of Weird Beard Press
and its licensors. The Service is protected by copyright, trademark, and other
laws of both the United States and foreign countries. Our trademarks and trade
dress may not be used in connection with any product or service without the
prior written consent of Weird Beard
Press.
17. Links to Other Web Sites
Our Service will
contain links to third-party websites or to services that are not owned or
controlled by Weird Beard Press. Weird
Beard Press has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third-party web sites or
services. We do not warrant the offerings of any of these entities and/or
individuals or their websites.
You acknowledge
and agree that Weird Beard Press
shall not be responsible or liable, either directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services
available on or through any such third-party web sites or services. We strongly advise you to read the terms and
conditions and privacy policies of any third-party web sites or services that
you visit.
18. Accounts
When you create
an account with us, you guarantee that you are above the age of eighteen, and
that the information you provide us with is accurate, complete, and current at all times. Providing inaccurate, incomplete, or obsolete
information may result in the immediate termination of your account on the
Service.
You are
responsible for maintaining the confidentiality of your account and password,
including but not limited to the restriction of access to your computer and/or
account. You agree to accept responsibility for any and all
activities or actions that occur in connection with your account and/or with
your password, whether your password is with our Service or a third-party
service. You must notify us immediately upon becoming aware of any breach of
security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole
discretion.
19. Termination
We may terminate
or suspend your account and bar access to the Service immediately, without
prior notice or liability, at our sole discretion, for any reason whatsoever
and without limitation, including but not limited to a breach of the Terms.
If you wish to
terminate your account, you may simply discontinue using the Service.
All provisions of
the Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity, and limitations of liability.
20. Restricted Access
Some of the
material provided on our site includes adult content, which is intended for purchase
by customers and other readers over the age of 18 (or 21 in some jurisdictions)
and is not suitable for younger readers. In these cases we include this detail
in the description of the publication. We do not otherwise rate the amount,
intensity, or specific nature of the sexual content beyond our usual
descriptions of a work’s genre.
We apply the same
general rules to material featuring violence and profanity.
Minors under the
age of 18 may not submit adult-oriented material for publication even if they
are represented by an adult parent or guardian.
21. Contests, Sweepstakes and Promotions
Any contests,
sweepstakes, or other promotions (known collectively as "Promotions")
made available through the Service may be governed by rules that are separate
from these Terms and Conditions. If you participate in any Promotions, please
review the applicable rules as well as our Privacy Policy. If the rules for a
Promotion conflict with these Terms and Conditions, the Promotion rules will
apply.
22. Violations of Terms and Conditions
Without prejudice
to our other rights under these Terms and Conditions, if you violate our Terms
in any way, we may take such action as we deem appropriate to deal with the
violation, including but not limited to suspending your access to the website,
prohibiting you from accessing the website, blocking computers using your IP
address from accessing the website, contacting your internet service provider
to request that they block your access to the website, and/or taking legal
action against you and your representatives or assigns.
23. Governing Law
These Terms shall
be governed by and construed in accordance with the laws of United States of
America and the State of California, without regard to its conflict of law
provisions.
Our failure to
enforce any right or provision of these Terms will not be considered a waiver
of those rights. If any provision of these Terms is held to be invalid or
unenforceable by a court, the remaining provisions of these Terms will remain
in effect. These Terms constitute the entire agreement between us regarding our
Service, and supersede and replace any prior agreements we might have had
between us regarding the Service.
24. Changes
We reserve the
right, at our sole discretion, to modify or replace these Terms at any
time. Revised Terms and Conditions will
apply to the use of this website from the date of the publication of the
revised Terms on this website. Please
check this page regularly to ensure you are familiar with the current
version. By continuing to access or use
our Service after any revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, you are no longer
authorized to use the Service.
25. Contact Information
If you have any questions about these
Terms, please contact us at info@weirdbeardpress.com, or at
the following address.
Weird Beard Press
PO Box
2925
Antioch,
CA 95431-2925
WEIRDBEARDPRESS
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