These terms and conditions act as a contractual agreement (“Agreement”) between you and Stick Horse Holdings, Inc., d/b/a Book Launchers (“Book Launchers”, “us”, “we”, “our”), and applies to your use of BookLaunchers.com (“Site”) as well as the purchase of memberships (“Membership(s)”) and services available through the Site. If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the website. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
By agreeing to these Terms & Conditions, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against us. Learn more below in Section 22
- UNITED STATES AUDIENCE. This Site, as well as Memberships and services offered through it, are intended for citizens and residents of North America. We do not envisage offering services or products to citizens of or individuals located in the European Union nor monitoring said individuals pursuant to Article 3(2) of the General Data Protection Regulation. Should you be classified as such a person, you should cease and desist using this Site.
- MEMBERSHIP OPTIONS. You may browse the publicly available sections of the Site such as the blog at not cost. You may also purchase a Membership with us. Each Membership package provides you with the right to certain benefits, which are detailed here and incorporated herein by reference. This Agreement shall apply to all Membership options. We reserve the right to modify these plans at any time, but said modification shall only become effective upon providing you notice as detailed herein.
- RECURRING PAID MEMBERSHIPS. You will be charged on a recurring basis so long as that Membership remains in effect. For example, a monthly Membership will result in a charge being issued to you on each monthly anniversary of the date you initially signed up. You may cancel recurring paid Memberships as detailed in the Cancellation clause below.
A. PLATINUM PLUS MEMBERSHIP. You may upgrade to a Platinum Plus Membership at any time. You may cancel your Platinum Plus Membership at any time pursuant to the cancellation section in this Agreement. However, you may not downgrade from a Platinum Plus Membership to a Platinum Membership unless you have been a Platinum Plus member for six consecutive calendar months. Following this six-month period, you may downgrade to a Platinum Membership. The six-month commitment shall apply to any upgrades to Platinum Plus Memberships regardless of the number of times you have upgraded in the past.
B. PAUSING MEMBERSHIPS. You may pause a Membership one time for a period of sixty (60) days. You will not be charged during this sixty (60) day period. If you do not activate your Membership within the sixty (60) day period, the parties agree your Membership will terminate automatically. Following this period, you may obtain another Membership, but only at the then current prices being charged by us. You may pause a Platinum Plus Membership, but the six-month commitment noted in Section 4A of this Agreement will be extended by the number of days for which you pause.
C. BASIC WEBSITE SPECIFICATIONS. You may select a basic WordPress website as part of one of our Membership packages. The website will include 1) WordPress website design (choose from a Divi template) for 4 pages of an author website; incorporated mailing list software (client to provide the service access or code from their service); mobile optimization; creation of graphics for the website; loading initial content on the website; and adding any analytics/tracking scripts requested by the client. We will also provide three rounds of revisions.
E. AMAZON AD BUY SUPPORT– Should you select a Membership package that includes Amazon Ad Buy Support, we will set up and manage ads for you on Amazon. Ad spend is at your discretion and your expense. We do not guarantee or warrant the campaigns will produce any specific outcome including, but not limited to, a particular number of book sales.
- BOOK OWNERSHIP AND ROYALTIES. As part of our Membership services, our team will provide you with certain content, including but not limited to, editorial changes, writing suggestions, and book cover design. You shall be the sole owner of this content so long as your Membership is paid in full, and we claim no copyright, trademark or other rights to it. To this end, we hereby assign any and all intellectual property rights associated with content we provide for your book to you. Finally, we waive any and all right to claim royalties for your book sales. Your book, the contents of it, and the revenues produced from sales and other revenue channels in any form are solely yours.
- BOOK PROGRESS. The progress for developing your book is highly dependent upon how quickly you write and how responsive you are to our communications. Some books require more work by our team than others. You should expect the development process to take a minimum of three months. As a matter of company policy, any communication you send to us will be responded to within two business days. Further, your book will never sit in the queue of the relevant profession on our team at that stage of development for more than seven business days unless we are waiting for a communication or progress from you.
- AUDIOBOOK PRODUCTION SERVICES. You may purchase audiobook production services from us. We reserve the right to reject any order in our sole discretion. The service specifications and pricing for the audiobook productions services may be viewed here and are incorporated herein by reference. You shall be the sole owner of the audio content produced as part of this service so long as your account is paid in full. If you discontinue the service for any reason prior to completion of the project, you shall have sole ownership of the audio content created up to the date of the last payment. We claim no copyright, trademark or other rights to the content produced pursuant to this service for which you have made payment. To this end, we hereby assign any and all intellectual property rights associated with the content produced when you order this service up to the date of your last payment. Finally, we waive any and all right to claim royalties for your audiobook sales.
- CONFIDENTIALITY. We will hold and maintain information you provide us regarding your book in confidence during the development of the book. All individuals who will work directly with you on our behalf on the development of the book have signed non-disclosure agreements. However, you agree that we may disclose confidential information about you as an author and your book, including the book itself, to third parties as part of efforts to distribute and popularize the book including, but not limited to, the services described in your Membership which may include, but not be limited to, services such as marketing, communications with third parties to develop a website for you, listings on third party publication sites such as GoodReads.com, and disclosures to third parties we seek endorsements and testimonials from on your behalf. This clause shall also not apply to information available to the general public at the time it is communicated to us nor to our Audio Book Services.
- REFUNDS AND CANCELLATIONS. In consideration of services being provided to you, you agree to the following refund and cancellation policies.
A) Monthly Memberships – You may cancel your prepaid monthly Membership at any time. If you cancel within three (3) calendar days of making a monthly Membership payment, we will refund that payment in full. If more than three (3) calendar days have passed from the start of the then current Membership period, no refund will be issued, and your account will be terminated at the end of the then current month with no further payment obligation on your part. No refunds are provided for previously completed months.
C) Audiobook Production Services – You may request a full refund on an order for our Audiobook Production Services up to the time we begin providing the service. Once we initiate the service, no refunds will be granted. You may cancel an order at any time. Upon such cancellation, you shall receive the audiobook content created up to the date of the last payment made, but no monetary refund shall be issued nor shall any further work be undertaken.
D) Cancellation Request – Send an email message to email@example.com to request cancellation of your Membership.
We reserve the right to cancel any paid Membership or service without cause, and will issue a partial refund for any unused time remaining in the Membership.
10. RECORDING CALLS. Our communications with you are intended to be confidential. However, we consent to you recording telephone calls with us so that you may refer to the recording in the future when working on your book. However, we consent to such recordings only to the extent they are used for your personal use and are not shared with third parties. We do not consent to any other use of these confidential communications. You may contact us to seek consent to disclose our confidential communications to third parties, which we shall grant or reject in our sole discretion.
11. LICENSE. We grant you a non-exclusive, non-sub licensable, non-transferable license and right to use and access the Site, view any content you may purchase a right to access, and any content we provide you specifically for use in your book. You understand and agree you have no right to copy, modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information or content provided on the Site or by us that is not intended specifically for your book without our express, written consent. You further understand no ownership right in any content on this Site is being granted to you.
- CONFIDENTIALITY OF USERNAME AND PASSWORD. When purchasing a Membership or service, you may be given access to the Site that requires your use of a username and password. You are entirely responsible for maintaining the confidentiality of the username and password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You may only register once for an account with the Site. You agree to provide complete and accurate information in the sections provided on the registration form. You further agree to provide accurate information for a payment source that you are authorized to use.
- NON-COMMERCIAL USE. You expressly agree to use the content on the Site for non-commercial purposes unless first obtaining permission from us.
- PROHIBITIONS. You man not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.
- VIOLATIONS. If you breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site without a refund. We reserve the right to seek all remedies available by law and in equity for such breaches.
- NO WARRANTIES. BOOK LAUNCHERS HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AND SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BOOK LAUNCHERS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OF FORM OF ACTION. SHOULD WE BE FOUND LIABLE IN ANY ACTION BROUGHT BY YOU, THE PARTIES AGREE THE MAXIMUM DAMAGES YOU MAY RECOVER AGAINST US ARE THE TOTAL PAID MEMBERSHIP FEES YOU HAVE BEEN CHARGED MULTIPLIED BY TWO. IF YOU HAVE NOT PAID MEMBERSHIP FEES, THE MAXIMUM RECOVERY SHALL BE $500.
- EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
- SITE TERMINATION. We reserve the right to no longer make available all or part of the Site, Membership, and services at any time in our sole discretion.
- USER-GENERATED CONTENT. We allow you to post to certain areas of the Site such as comments to blog posts. We are under no obligation to review any messages, posts, information, or content (“User-Generated Content”) posted on the Site by users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, users are forbidden from posting the following:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
- Advertisements or solicitations of any kind.Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson individuals purporting to speak on behalf of us.
- Messages that offer unauthorized download of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
- ARBITRATION AGREEMENT. By agreeing to these Terms and Conditions, you agree to resolve any claim that you may have against Book Launchers on an individual basis in arbitration, as outlined in this Arbitration Agreement section. This will preclude you from bringing any class, collective, or representative action against Book Launchers, and also prevent you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Book Launchers by someone else.
A. Agreement to Binding Arbitration. You and Book Launchers agree that any dispute, claim or controversy arising out of or relating to (i) these terms and conditions or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Site at any time will be settled by binding arbitration between you and Book Launchers, and not in a court of law.
You acknowledge and agree that you and Book Launchers are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Book Launchers otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Book Launchers each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Right To Opt-Out. We are providing you with the right to opt-out of this Arbitration Agreement by notifying us in writing within 30 days of visiting the Site for the first time. To opt-out, use the Contact form linked to in the menu of the Site and explain you wish to “opt-out of arbitration agreement” in the submitted message.
C. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitration issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant to it. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of California and the parties expressly agree the venue of any action shall be in state court in Los Angeles County, California or the federal court of the United States District Court, Central District of California in Los Angeles, California, as appropriate for the particular claims asserted.
D. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. We hereby consent to receive such notifications via our Contact page. The Arbitrator will be either (1) a retired judge or (2) an attorney specially licensed to practice law in the State of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
E. Location and Procedure. Unless you and Book Launchers otherwise agree, the arbitration will be conducted in Los Angeles, California. If your claim does not exceed $15,000, then the arbitration will be conducted solely on the basis of documents you and Book Launchers submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim does not exceed $25,000, then the arbitration will be conducted on the basis of documents you and Book Launchers submit to the Arbitrator and each parties presence by phone or in person, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $35,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
F. The Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only for the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The parties shall bear their own attorneys fees associated with the arbitration proceeding.
G. Fees. The parties shall each pay one-half of all fees charged by the arbitrator and AAA.
H. Changes. If Book Launchers changes this Arbitration Agreement after the date you first agreed to this Agreement (or to any subsequent changes), you may reject any such change by providing Book Launchers written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided by contacting us using the Contact function on the Site. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree that you will arbitrate any dispute between you and Book Launchers in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to this Agreement.
I Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms and conditions; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must, therefore, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
J. Should a court of competent jurisdiction or arbitrator rule this arbitration clause invalid in its entirety, the parties agree this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. The parties further agree the choice of forum and venue for litigating any disputes shall be in the state court in Los Angeles County, California or the federal court of the United States District Court, Central District of California in Los Angeles, California, as appropriate for the particular claims asserted.
- COMMUNICATION. When you contact us, sign up for our newsletter, or register, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
- USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant Book Launchers, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with the Internet business of Book Launchers, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
- PROHIBITED USES. Book Launchers imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Book Launchers; or (f) automatically or manually scraping or copying the content from the Site without our consent. Any violation may subject you to civil and criminal liability.
- COPYRIGHT. All contents, excluding user generated content, Copyright 2017 Book Launchers. All rights reserved.
- SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, logos, or copyrights of Book Launchers.
- MODIFICATIONS. Book Launchers may, in its sole discretion, modify or amend this Agreement at any time. Book Launchers shall post notice of any such changes on the Site in an area available to you before logging into the member area and shall email you notice of such changes should we have an email address for you. Your decision to continue to use the Site upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site.
Please contact us if you have any questions regarding this Agreement.
updated June 18, 2019