Terms of Service

Welcome to GoToPublish. Your use of GoToPublish’s services is subject to these conditions. If you visit or transact business with GoToPublish, you agree to abide by the Terms of Service stated below. Additionally, when you use any current or future GoToPublish service, whether or not included in the GoToPublish website, you will also be subject to the conditions applicable to such service.

Description of Site and Restrictions on Use

GoToPublish currently provides users with access to online resources, including information regarding GoToPublish products, support services, and a system for purchasing GoToPublish products. You understand and agree that the GoToPublish site is provided “as is”. Except as expressly provided, GoToPublish does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. You agree that GoToPublish assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

Privacy

To understand our practices, please review our Privacy Policy, which also governs your visit to the GoToPublish website or use of our services.

Electronic communications

When you visit our website or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of GoToPublish or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GoToPublish and protected by U.S. and international copyright laws. All software used on this site is the property of GoToPublish or its software suppliers and protected by United States and international copyright laws.

Trademarks

GoToPublish and other GoToPublish graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of GoToPublish. GoToPublish’s trademark and trade dress may not be used in connection with any product or service that is not GoToPublish’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits GoToPublish. All other trademarks not owned by GoToPublish that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GoToPublish.

License and site access

GoToPublish grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of GoToPublish. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of GoToPublish. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GoToPublish and its affiliates without our express written consent. You may not use any meta tags or any other “hidden text” utilizing GoToPublish’s name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by GoToPublish. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GoToPublish as long as the link does not portray GoToPublish, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GoToPublish logo or other proprietary graphic or trademark as part of the link without express written permission. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GoToPublish is not responsible for third party access to your account that results from theft or misappropriation of your account. GoToPublish and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may send e-mail and other communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, indecent, threatening, abusive, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GoToPublish reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do submit content, and unless we indicate otherwise, you grant GoToPublish and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GoToPublish and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you submit will not cause injury to any person or entity; and that you will indemnify GoToPublish and its affiliates for all claims resulting from content you submit.

Copyright complaints

GoToPublish and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide written notice of the claimed infringing activity.

Risk of loss

All items purchased form GoToPublish are made pursuant to a shipment contract. The risk of loss and the title for such items pass to you upon our delivery to the carrier.

Product descriptions

GoToPublish and its affiliates attempt to be as accurate as possible. However, GoToPublish does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

Other businesses

GoToPublish may provide links to websites of affiliated companies and other businesses. GoToPublish is not responsible for evaluating and examining these businesses or individuals or the content of their websites. We do not assume responsibility or liability for the content, product, or actions of these third party companies. It is your responsibility to carefully review their privacy statements and other terms of use.

Links to other websites

Links to other websites from the site are provided solely for your convenience. GoToPublish is not responsible for the content of any other sites, nor does GoToPublish make any representations about the content or accuracy of material on any other sites. If you click through to a third party’s website, you do so at your own risk.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

GOTOPUBLISH PROVIDES THIS SITE AND ITS CONTENT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS TO THE SITE OR ITS OPERATION OR CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. GOTOPUBLISH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, AND E-MAILS SENT FROM GOTOPUBLISH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Cookies

This site uses small files known as cookies as part of user authentication (login) and to collect information about how visitors use our website, for instance, which pages visitors go to most often. These cookies do not collect information that identifies a visitor; all information is aggregated and therefore anonymous and is only used to improve how our website works. By using our website, you agree that we can place these types of cookies on your device. You can avoid cookies by configuring your browser to reject them or at least notify you when a cookie is being placed on your hard drive.
Applicable law
By visiting GoToPublish, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and GoToPublish or its affiliates.

Disputes

Any dispute relating in any way to your visit to GoToPublish or to products you purchase through GoToPublish shall be submitted to confidential arbitration in Atlanta, GA, except that, to the extent you have in any manner violated or threatened to violate GoToPublish’s intellectual property rights, GoToPublish may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Remedies for Breach of Terms of Service by You

In the event that GoToPublish determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of the website, GoToPublish reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to the website, (iii) delete all content provided by you to the website, (iv) discontinue your registration with the website and/or any other GoToPublish community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which GoToPublish deems to be appropriate.

Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

GoToPublish may assign its rights and obligations under these Terms of Service and upon such assignment GoToPublish may be relieved of any further obligation hereunder. You represent to GoToPublish that you have the authority to register with GoToPublish according to these Terms of Service. These Terms of Service and any Additional Terms (as such terms shall be identified when posted on GoToPublish by GoToPublish) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. <95>Any legally unenforceable provision of these Terms of Service will, at the election of GoToPublish, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

Publishing Agreement

This Publishing Agreement (“Agreement”) is made between GoToPublish (the “Publisher”) and you (the “Author”). Failure of either party to comply with the terms and conditions below may result in the termination of the contract. The terms and conditions shall only be valid when you (the “Author”) agree to the contract in writing. The Publisher and the Author may be referred collectively as the Parties.

1. Author’s Right to Ownership

The Author acknowledges and agrees to the following:

I. All publishing rights and copyright are reserved to the Author for his/her work (the “Work”), which is the subject of this Agreement and is entitled <>.
II. The Author shall have the right to review, approve, and disapprove the title of the Work, and the Author shall be reasonably consulted on the Work’s cover design.
III. The Publisher only functions as a service provider.
IV. The Author grants (during the term of this Agreement and for a mutually agreed-upon time thereafter) the Publisher a limited, nonexclusive right to print and distribute the Work.
V. The Publisher reserves the right to use excerpts or parts of the Work for the sole purposes of marketing and promotions.

2. Territory

The rights granted to the Publisher in this Agreement may be utilized throughout the world for the length of time stated in this Agreement.

3. Warranties

The Author warrants and guarantees to the publisher that he/she possesses sole ownership of the Work and is the owner of the copyright of its contents; that the Work is original and not in the public domain; that it contains no libelous, illegal, legally obscene, and intentionally hateful content. The Publisher reserves the right to decide, at its discretion, if the Work may be subject to violation or complaint with the content policy, including, but not limited to, book file, cover image, interior illustrations, and product data.

4. Publisher Rights

The Publisher retains all property rights to all the materials in the possession of the Publisher and the Publisher’s computers and servers while in the process for the Work’s publication. These materials include, but are not limited to, production data, files, and materials (including promotional and marketing materials), whether completed or not.
The Author also grants the Publisher, its affiliates, and contractors the worldwide right to use, display, promote, advertise, and exhibit the book for the sole purposes of marketing and promotion, in whole or in part, and in combination with other books that may be sold bundled or as a part of a subscription, in all media now or hereafter devised, including all digital, audio, and print media.

The Author also understands that he/she must follow the timeline, schedule, and other rules set by the Publisher in reviewing and approving the marketing materials included in the publishing package, if applicable to the Author’s chosen package.

5. Copyright

All copies of the Work in all formats will bear a copyright notice in the name of the Author as prescribed by applicable copyright laws of the United States of America or as such in other countries as the Publisher deems feasible or desirable. The proper copyright notice(s) necessary to protect copyright shall be printed on the reverse side of the title page, or in another appropriate place, in every copy thereof, in the name of the Author. The Publisher shall have the right to affect any renewal of copyright provided by law and the right to any assistance from the Author or his/her heirs, successors, or assigns, essential hereto.

6. Delivery of the Manuscript

The Author shall deliver to the publisher one copy of the complete manuscript in the English language in a form and file compatible to the Publisher’s computerized system on which the Work is stored. The Publisher shall use its best efforts to inform the Author of the manuscript’s receipt and to advise the Author whether or not the Work is compatible with the Publisher’s services.

7. Manuscript Deadline

The publishing service purchased by the Author will be deemed as void if he/she fails to finish and deliver his/her manuscript within two (2) years upon the Publisher’s receipt of the Publishing Order Form.

8. Artwork, Permissions, and Other Materials

The Author shall deliver to the Publisher at the Author’s sole expense—not later than the initial delivery date or such other date(s) as may be designated by the Publisher—original art, illustrations, maps, charts, photographs, or other artwork the Author has prepared for his/her Work. The Author shall also deliver written permissions and authorizations for the use of copyrighted or other proprietary materials owned by any third party that may appear in the Work.
If the Author decides to purchase such materials from a third-party vendor as part of his/her preparation for the production of the Work, the Publisher shall acquire or prepare the materials on behalf of the Author.

If the Author decides to use the images of celebrities and other renowned personalities in the book cover or in any part of the book, it is the Author’s sole responsibility to procure the permission to do so.

9. Editorial Changes

If so requested as a service by the Author and after the manuscript has been accepted by the Publisher, no change may be made to the material without the Author’s written approval.

Depending on the Author’s consent, the Publisher may copyedit the manuscript in accordance with its standard of correct punctuation, grammar, spelling, and word usage.

Once the Publisher sends the copyedited manuscript back to the Author, he/she shall make revisions and corrections so that the edited manuscript is reasonably acceptable to the Author. The Author must return the manuscript to the Publisher within ten (10) business days from receipt. In case of delays due to the Author’s unreasonable willingness to review the changes, the Publisher will not be held liable. Moreover, it is the sole duty of the Author to conduct any fact-checking in the manuscript.

10. Communication

For maximum security, the Author must only communicate with a GoToPublish staff whose email address should have a valid GoToPublish domain (i.e., [email protected]). Any payment or service agreement made with people whose email address does not have a proper GoToPublish domain is considered null and void.

If the service is already in the process of production, the Author is encouraged to communicate with the Fulfillment Officer instead of the Sales and Marketing Specialist.

11. Pricing and Payment Terms

After consultation with the Author, the Publisher shall have the right, but not the obligation, to publish and republish the Work at its own expense in such format and style and at such price as it deems suitable in accordance with the price agreed by the Parties in writing. The price of the Work shall be based on the type of print; type of binding; number of pages of the Work’s final version; services rendered during the editing, design, and set-up processes; and any royalties or copyright fees that may be involved, as well as consideration for the market price within the Work’s genre.

The Publisher pays royalties quarterly. Payments will only be made in those quarters in which the amount due to the Author totals at least $50. Unpaid amount due will accrue until the next quarter in which the amount due is at least $50. In the event the amount due in the second quarter still does not reach $50, payment will still be released according to the total amount.

For sold copies of the Work, the total payment to be given to the Author is 100 percent of the royalties for purchases made through the Publisher’s website/online bookstore minus the printing cost. For online resellers, the total payment to be given to the Author is 100 percent of the wholesale price on the reseller’s website minus the printing cost.

Total book sale royalties will be sent to the Author in the form he/she selects when he/she registers for the service or as subsequently updated as permitted by the service. The Publisher reserves the right to make adjustments to the Pricing and Payment Terms at any given time. However, the Publisher ensures that Authors will be informed within thirty (30) days before the change is effective.

12. Billing and Payment

For the security of the Author, he/she must only transact with an authorized GoToPublish staff on the Billing and Finance Department or Fulfillment Department. The Author must remember that Sales and Marketing Specialists are not allowed to process the payment for any services. All payments made directly to anyone except the authorized staff are considered null and void.

13. Refund and Work Termination

The Author may terminate the Agreement at any given time for the following reasons:

I. Breach of Contract by the Publisher
a. Breach of Contract is defined as the Publisher commits a material breach, also known as total breach. It refers to a failure to perform essential terms of the contract that results in a negative effect on the service.
b. In such cases, the Author will receive a 100 percent refund.

II. Author’s Death / Disability
a. In such cases, the Author or their heir, successor, or anyone legally proclaimed as their heir will receive a 30 percent refund.

III. Other reasons deemed reasonable by the Author and Publisher.

However, in such cases, a refund request shall only be made within sixty (60) days from the invoice date. Moreover, the Author must adhere to the following conditions:

I. For any publishing service with a price above $150, a setup fee of $100 plus the credit card processing fee will be deducted from the Author’s payment.
II. For any publishing service with a price below $150, a setup fee of $50 plus the credit card processing fee will be deducted from the Author’s payment.
III. The amount to be given back to the Author also depends on the stage of publishing service completion.
IV. The amount given back to the Author depends on whether the services included in a publishing package are refundable or not as set by the rules of the Publisher. See Exhibit A and Exhibit B.
V. After approval of printing, the publishing service becomes nonrefundable.
VI. The Publisher reserves the right to reject a refund request due to a breach of contract committed by the Author.
a. Breach of Contract is defined as the Author committing a material breach, also known as total breach. It refers to a failure to provide materials necessary in publishing his/her Work after sixty (60) days after the invoice date.
VII. The Publisher reserves the right to terminate the publication of the Author’s Work without cause or if the Work is proven to pose adverse commercial consequences and risks litigation to the Publisher at any given time. In such cases, the rights granted by the Author to the Publisher will revert fully to the Author. In such cases, the terms and conditions on refunds, as stated in this Agreement, will apply.

14. Book Release

The Publisher will only release the Author’s book for distribution once the Author has paid 100 percent of the amount due. In case the Author pays only a fraction of the total amount due, the Publisher will put the publication of the book on queue.

15. Complimentary Copies

All costs related to the production, shipment, and handling of complimentary copies requested by media outlets shall be covered by the Publisher.

16. Revisions

For additional corrections made during the production of the book, the Author shall adhere to the following conditions:

A. For Black and White Publishing
a. A base fee of $25 plus $1.50 per correction (interior) and a base fee of $20 for the cover will be collected from the Author.
b. If the revisions are requested after the book is printed, a flat fee of $200 will be charged to the Author.

B. For Full-Color Publishing
a. A base fee of $50 plus $1.50 per correction (both for the interior and cover layout or text).
b. If the revisions are requested after the book is printed, a flat fee of $300 will be charged to the Author.

C. Revisions for the publishing package include the following:
a. Back-cover copywriting, copyediting, book indexing, developmental editing, ghostwriting, and press release.
• 2 rounds of revisions, unlimited corrections per round.
• Succeeding corrections will incur a $50 fee, except grammatical and typographical error corrections.
b. Book-cover design, formatting and layout, image enhancement, and illustration.
• 1 round of revision, unlimited corrections per round.
• Succeeding corrections will be billed per hour.

D. Revisions for e-book publishing packages include the following:
• E-book Publishing Basic: 2 rounds of revisions, unlimited corrections per round.
• E-book Publishing Advance: 3 rounds of revisions, unlimited corrections per round.
• Succeeding corrections for both Basic and Advance will be billed $1 per word/format.

E. E-book conversions
• E-book Conversion Starter: 2 rounds of revisions, unlimited corrections per round.
• E-book Conversion Medium: 2 rounds of revisions, unlimited corrections per round.
• E-book Conversion Large: 3 rounds of revisions, unlimited corrections per round.
• Succeeding corrections will be billed $1 per word/format.

17. Limited Liability
(i) Author will provide the Publisher all information and materials deemed necessary to complete the services in a legal and/or lawful manner, and at the Author’s full liability, with the Publisher having no legal responsibility for the accuracy or legitimacy of the said information or material.

(ii) Parties agree that the Publisher shall not be liable for expenses, loss of profits, reasonable attorney fees, or any other incidental and consequential damages under the following instances:
a. Damages resulting from a fortuitous event, like flood, earthquake, windstorms, and other uncontrollable forces of nature
b. Damages arising from the nonperformance of the Author of the obligations set forth under this Agreement
c. Damages caused by the negligent acts of the Author
d. Other similar instances

(iii) Except in instances of the Publisher’s fraud, Author may at no time convey any legal action against Publisher for any loss, damage, expense, action, and/or claim for injury to persons and damage to property arising out of or in connection with Publisher’s services under this Agreement.

18. Third-Party Involvement

The Publisher is in affiliation with Lightning Source Inc. for digital fulfillment services. The Publisher merely offers publishing services but will not act as the main printer. The Publisher cannot be legally held accountable for the failure of Lightning Source Inc. to publish the Author’s Work on the date specified. However, the Publisher will take responsibility for filing complaints regarding punctuality, delivery, and the published book’s quality. The complaints to be filed will be sent directly to Lightning Source Inc.

19. Availability and Future Reprints

The Publisher ensures the Author that books are available whenever he/she decides to print more books in the future. All books and their associated artworks and indexes are digitally stored by the Publisher.

20. Entire Agreement

The Agreement set forth in the entire agreement of the Parties replaces and supersedes any previous agreement between the Parties on the subject, whether oral or written, expressed or implied.

By signing this Agreement, the Author understands and agrees to all the terms and conditions specified in this Agreement.

21. Amendments

No amendment of, addition to, or modification of this Agreement shall be effective unless reduced to writing and signed by the Parties hereto.

22. Jurisdiction

Any and all actions or proceedings arising out of or relating to this Agreement will be governed by and interpreted in accordance with the law of the State of Georgia and will be subject to the exclusive jurisdiction of the courts located in the State of Georgia.