Dandelions Digital Marketing Prints and Media
TERMS AND CONDITION
Effective Date: June 06, 2024
Welcome to Dandelions Digital Marketing Prints and Media! By accessing our website www.dandelionsdigitalmarketingprintsmedia.com (the “Site”) and utilizing our services, including internet-based marketing, book promotion and distribution, and book publishing and media services (the “Services”), you agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully.
- Acceptance of Terms:
By using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy ([Link to Privacy Policy]), and our Refund Policy ([Link to Refund Policy]), which are incorporated herein by reference. If you do not agree to these Terms, please do not access our Site or use our Services.
- Description of Services:
We offer a range of services designed to assist you with your online marketing and book-related needs, including but not limited to:
- Internet-Based Marketing (website creation, social media marketing, email marketing, Amazon book ranking review)
- Book Promotion & Distribution (query letter distribution, bookstore placement, bookstore placement and distribution & publishing services, book fair participation)
- Book Publishing & Media Services (book publishing/re-publishing, book trailer)
The specific details and scope of the Services provided to you will be outlined in individual service agreements, proposals, or order confirmations.
- User Obligations:
By using our Services, you agree to:
- Provide accurate, current, and complete information as required for the provision of the Services.
- Cooperate fully with us and provide us with all necessary materials and information in a timely manner to enable us to deliver the Services effectively.
- Comply with all applicable laws, regulations, and third-party terms and conditions in your use of our Services.
- Be responsible for the content you provide to us, ensuring it does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party and is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Pay all fees and charges associated with the Services in accordance with the agreed-upon payment terms.
- Not use our Site or Services for any illegal or unauthorized purpose.
- Not attempt to interfere with the proper functioning of our Site or Services.
- Our Rights and Obligations:
- We will provide the Services with reasonable skill and care, in accordance with the terms outlined in the applicable service agreement.
- We reserve the right to modify, suspend, or terminate our Services or these Terms at any time, with or without notice, for any reason.
- We will make reasonable efforts to maintain the availability of our Site and Services, but we do not guarantee uninterrupted access.
- We retain all rights, title, and interest in and to our Site, Services, and all related intellectual property, except for the content you provide to us.
- Payment Terms:
- Fees for our Services will be as outlined in the applicable service agreement, proposal, or order confirmation.
- Payment terms, including payment schedules and accepted payment methods, will be specified in the service agreement.
- You agree to pay all fees and charges in a timely manner. Late payments may be subject to interest charges as specified in the service agreement.
- All fees are exclusive of any applicable taxes, which you will be responsible for paying.
- Intellectual Property:
- Your Content: You retain all rights, title, and interest in and to the content you provide to us for the purpose of the Services, including your book manuscript, marketing materials, and other intellectual property. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your content solely for the purpose of providing the Services to you.
- Our Intellectual Property: All content, trademarks, service marks, logos, and other intellectual property on our Site and used in connection with our Services (excluding your content) are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, modify, distribute, or create derivative works based on our intellectual property without our prior written consent.
- Confidentiality:
We agree to maintain the confidentiality of your confidential information that you provide to us in connection with the Services. However, this obligation does not apply to information that is: (a) publicly known; (b) already in our possession prior to disclosure; (c) independently developed by us without reference to your confidential information; or (d) required to be disclosed by law or legal process. Similarly, you agree to maintain the confidentiality of our proprietary information and trade secrets.
- Disclaimer of Warranties:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE MAKE NO GUARANTEES REGARDING THE OUTCOMES OR RESULTS OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO BOOK SALES, AMAZON RANKINGS, WEBSITE TRAFFIC, OR SOCIAL MEDIA ENGAGEMENT.
- Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DANDELIONS DIGITAL MARKETING PRINT AND MEDIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE OUR SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
- Indemnification:
You agree to indemnify, defend, and hold harmless Dandelions Digital Marketing Prints and Media, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of our Site or Services; (b) your breach of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) the content you provide to us.
- Governing Law and Dispute Resolution:
These Terms are governed by and interpreted under the laws of Wyoming, United States, specifically excluding its conflict of law rules. Any legal action or proceeding concerning these Terms or our Services will be exclusively brought in the courts situated in Sheridan, Wyoming, and you agree to the jurisdiction of these courts. For formal correspondence related to these Terms, please address it to 1309 Coffeen Avenue, STE 1200 Sheridan, WY 82801, United States.”
- Entire Agreement:
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Dandelions Digital Marketing Prints and Media regarding your use of our Site and Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
- Severability:
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
- Waiver:
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
- Assignment:
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without your consent.
- Contact Us:
If you have any questions or concerns about these Terms, please contact us at:
Dandelions Digital Marketing Prints and Media
1309 Coffeen Avenue, STE 1200 Sheridan, WY 82801
By using our Site and Services, you signify your acceptance of these Terms and Conditions.