Stick Horse Holdings, Inc., d/b/a Book Launchers Terms and Conditions

Last Updated: October 9, 2023

 

Acceptance of Terms and Conditions and Privacy Policy

In consideration for accessing and using www.booklaunchers.com (the “Site”) and the Site’s services (including the sale of goods), you accept and agree to be bound by the terms and provisions of these Terms and Conditions (these “T&C”) and the Privacy Policy located at: https://booklaunchers.com/privacy-policy/ (the “Privacy Policy”).  The terms of these T&C and the Privacy Policy apply to, and govern, your use of all webpages, services and content contained within the Site and your relationship with Stick Horse Holdings, Inc., d/b/a Book Launchers (“Book Launchers,” “us,” “we,” or “our”).

Modifications to Terms and Conditions and Privacy Policy

You understand that the terms of these T&C and the Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services.  Any such revision or change will be binding upon you after ten (10) days of posting of the updated T&C and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.

If you disagree with any modification to the T&C or Privacy Policy, you must notify Book Launchers in writing within the ten-day (10) time period described above and immediately discontinue use of any Site services.

Adult Usage Only

This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission.  Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.

Payment of Fees

Book Launchers may charge you for services in conjunction with using the Site, including but not limited to memberships.  We may assess and collect from you fees, surcharges, or other supplemental payment required of or imposed on Book Launchers by any governmental, regulatory, or financial institution or entity.  You may make payments for purchases made through the Site to Book Launchers by various methods, which may include bank wire, ACH (electronic bank) transfer, electronic fund transfer, valid credit card, PayPal or check.  Book Launchers reserves the right to expand or limit its payment options. If You fail to pay the service fees Book Launchers reserves the right to terminate services offered to You and retain all fees paid through the date of termination.

In conjunction with each payment you make to through the use of the Site, or which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid PayPal account and credit card information).  Further, you understand and agree that any declined payment may lead to additional fees, costs or expenses (e.g., dishonored credit card) and to the suspension or termination of your Site services.  You also understand and agree that you are solely responsible to ensure prompt payment of all fees owed as a result of your use of the Site and that Book Launchers is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.

Billing

Your debit or credit card on file will be charged monthly, semi-annually, or annually based on the terms of your subscription.  If you want to see your payment history, you can request it in writing to support@booklaunchers.com at any time. Please allow 2 business days for response.

Refund and Cancellation Policy

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. B) Prepaid Annual and semi-annual Memberships- You may cancel your prepaid annual membership at any time. You will be refunded a prorated monthly amount minus a $250 admin fee. 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. You may request a full refund on an order for our Book to Course Creation 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 course 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.

Pausing Memberships

You may pause a Membership one time before your book has launched for a period of sixty (60) days with fourteen (14) days written notice given to the Production Manager via Support or your Author Concierge. 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.

One Account Policy

To further the integrity of the services provided through the Site or otherwise, all users are limited to one account per person.  Similarly, all companies are limited to one account per company.  Users who violate this policy may have all of their accounts suspended or terminated.

Secured Areas

Some portions of the Site are restricted and require authorization for access.  Unauthorized use of or access to these areas is prohibited.  Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution.  Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site.  If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

Your Account Security

You are responsible for maintaining the security of your Book Launchers Site account.  You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your Book Launchers Site account.  You also agree that Book Launchers is not responsible for any unauthorized use of your Book Launchers Site account or unauthorized payment methods.  You may not share your login information with anyone. Other than for purposes of logging into you Site account, Book Launchers will never request your password.  If you suspect that your account or login information has been compromised, you should immediately change your password and contact Book Launchers.

You further agree to promptly notify Book Launchers of any security breach relating to your Site account.  Such notices should be sent to: team@booklaunchers.com.

Book Launchers encourages all Site users to proactively take steps to enhance their personal security measures.  These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords, and preventing the disclosure of passwords to any third parties.

Accuracy of Information Provided by You

You agree that all information you provide through the Site or otherwise to Book Launchers is true, current, complete and accurate.  You also agree that you will update your information as needed to keep it true, current, complete and accurate.  You hereby agree to notify us within five (5) business days of a change in any information you provided us.  Such notices should be sent to team@booklaunchers.com.

Failure to provide such updated information will constitute a material breach of the terms of these T&C and may lead to the suspension or termination of your account.

You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the Site or otherwise to Book Launchers.  You further warrant that to the extent you provided personal data about a third party through the Site or otherwise to Book Launchers, you provided that third party with notice about the Site’s T&C and Privacy Policy.  You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete or inaccurate information.

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.

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 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:

  1. 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.
  2. Advertisements or solicitations of any kind.
  3. Messages posted by users impersonating others.
  4. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
  5. Messages by non-spokesperson individuals purporting to speak on behalf of us.
  6. Messages that offer unauthorized download of any copyrighted or private information.
  7. Multiple messages placed within individual folders by the same user restating the same point.
  8. Chain letters of any kind.

Manuscript Submission and Infringement

You represent and warrant that the content you submit to Book Launchers is original, does not violate or infringe upon any copyright, trademark, patent, trade secret, right of privacy or publicity, or any other proprietary or intellectual rights of any third party. You confirm that there has been no unauthorized use, reproduction, distribution, modification, or publication of copyrighted material; no acts of misappropriation; no breach of any contractual obligation or duty regarding non-disclosure; and no other acts or omissions that could lead to legal claims, liabilities, or disputes over intellectual property rights or other legal protections.  You represent and warrant that all submissions are original works under 17 U.S. Code § 102 et. seq.

Indemnification and Duty to Correct

In the event that any claim, action, or proceeding is brought against Book Launchers alleging that the manuscript or any part thereof constitutes an infringement or other violation of any third party right, you shall bear the primary responsibility and cost to rectify such infringement and cover all associated fees, attorneys fees, expenses and costs. You further agree to indemnify, defend, and hold harmless Book Launchers from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach or alleged breach of the aforementioned representations and warranties as well as any of the Book Launchers terms and conditions.

Permissions and Clearances

You shall, at Your expense: (a) obtain all permissions and other clearances that Book Launchers deems necessary for the inclusion of any textual, illustrative, or other material in the Work selected by you; and (b) deliver with the complete manuscript copies of all agreements, correspondence, and copyright assignments relating thereto, together with acknowledgements and copyright notices in PDF format or another format mutually agreed on by the parties.

Content Uploaded to the Client Portal

You retain all intellectual property rights in User Content uploaded into the Client Portal including but not limited to documents and images.

Code of Conduct

You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these T&C and the Privacy Policy.  You agree to not use the Site services or anything related to the Site services or any other services offered by Book Launchers for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content.  Additional prohibited actions with respect to use of the Site and any Site services include:

  1. Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
  2. Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
  3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  4. Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
  5. Use any metatags or any other “hidden text” utilizing any part of the Site or Book Launchers’ name, service or trademarks or trade dress without the express written consent of Book Launchers;
  6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
  8. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
  9. Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  10. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
  11. Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
  12. Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  13. Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
  14. Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
  15. Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
  16. Any attempt to reverse engineer or reconstruct any portion of the Site;
  17. Share your login information or allow third parties to utilize your login information to access any part of the Site;
  18. Engage in any acts or omissions that Book Launchers believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate; or
  19. Engage in acts or behavior that do not consistently demonstrate professionalism in all interactions and engagements associated with Book Launchers, including but not limited to using profanity, lack of appropriate clothing, and lack of upholding respect in all communications with Book Launchers, its employees and contractors.

You agree to fully comply with any applicable laws and regulations.  You further agree to cooperate in any governmental investigation regarding your use of the Site and Site our services.  You further agree to that to the extent you are using the Site for the purposes related to Book Launchers you will adhere to all applicable State and Federal laws and regulations.

Knowledge of T&C and Privacy Policy

If you are using Site services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, these T&C and the Privacy Policy.

 

Breach of the Terms and Conditions and/or Privacy Policy

We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you have breached these T&C or any other obligation to Book Launchers.  Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these T&C and the Privacy Policy: (i) your failure to abide by any provision of these T&C and the Privacy Policy; (ii) your failure to pay any amounts due to Book Launchers; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by Book Launchers.

If any of the foregoing events occurs and we deem, at our sole discretion, it a material breach by you of these T&C and/or the Privacy Policy, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Book Launchers is not obligated to send any such notice of default and may immediately suspend or terminate your Site account or services without notice and shall retain all fees paid to Book Launchers.  In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.

Use of Name

If you are a customer using the Site or any Site services, you consent to Book Launchers using your name and business name in advertising and promotional materials related to Site services.

Your Authority

You agree that you are of legal age and authority to enter into and be bound by the terms of these T&C and the Privacy Policy.  Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site or otherwise to Book Launchers.

Maintenance/Site Down Time

Book Launchers reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary.  Maintenance is generally scheduled for off-peak hours, such as weekends and evenings.  Book Launchers will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.

Book Launchers is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Book Launchers’ control.

Intellectual Property Rights

You agree that we hold all right, title and interest to all services, its websites and information and technology used to provide the Website and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you.  You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.

All content including but not limited to text, graphics, downloads and software included on this site is the property of Book Launchers or its licensors and is protected by United States and international copyright laws.

You also grant Book Launchers a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us except as stated above related to content uploaded to the Client Portal.  Such information will be used solely by us in conjunction with marketing the Website and its services.

License

We grant you a non-exclusive, non-sublicensable, 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 that 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.

Your Use of Artificial Intelligence

You represent and warrant that the manuscript, content, or any literary piece submitted to Book Launchers has been created solely by human effort and without the assistance, intervention, or influence of any Artificial Intelligence system or tool. You assure that no Artificial Intelligence generated content has been incorporated or embedded within the materials submitted to Book Launchers. If you have used AI for any element of your book process, you must disclose this to Book Launchers in writing. Each area of the manuscript where AI content has been generated or used to assist (such as using AI to edit your manuscript) must be flagged for us to review.

Book Launchers’ Use of Artificial Intelligence

Book Launchers expressly reserves all rights to employ, integrate, and leverage Artificial Intelligence technologies and services in the generation of ideas, content creation, and any other relevant applications at its sole discretion. Any work product generated by AI for the author will be identified as AI generated for the author.

Representations and Warranties

Book Launchers’ Representations and Warranties. Book Launchers represents and warrants to you that: We have the right to enter into this Agreement and to perform all terms in this agreement; and to the best of Book Launchers’ knowledge, the additional content does not infringe upon or violate any copyright, trademark, or trade secret of others.

Author’s Representations and Warranties. You represent and warrant to Book Launchers that: you have the full right, power, and authority to enter into this Agreement and convey the rights granted to us; you are the sole author of the work and sole owner of the rights granted in this Agreement, and you have not and will not enter into any agreement or understanding which would conflict with the rights granted to us; the work is Your original work and not in the public domain, except for third-party material that is either in the public domain or for which appropriate third-party written permissions have been obtained. To the best of your knowledge, the work submitted: does not infringe upon or violate any intellectual property laws as written above in the section “Manuscript Submission and Infringement” nor does it infringe upon or violate any copyright, trademark, or trade secret of others You also warrant and represent that the work contains no material that is obscene, libelous, defamatory or in violation of any right of privacy or publicity, or harmful so as to subject Book Launchers to liability to any third party, or otherwise contrary to law. All statements in the work asserted as facts are true and based on your Author’s investigation and generally accepted research practices to confirm their accuracy.

Disclaimer of Warranties

Book Launchers EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF Book Launchers, Book Launchers DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  Book Launchers DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS.  EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF Book Launchers, Book Launchers PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH Book Launchers.

Book Launchers DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW.  Book Launchers IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.

Assumption of Risk

The Site is intended for information purposes only.  When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk.  In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.

Third Party Intellectual Property Rights

Various goods that may be available for purchase on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties.  The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Book Launchers shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.

Customer Support

Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Book Launchers provides email support for Site customers. Support can be reached by sending an email to team@booklaunchers.com. Book Launchers attempts to respond to customer inquiries within two (2) business days.

Indemnification

As a user of the Site, you agree to release, indemnify, defend and hold harmless Book Launchers and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these T&C or the Privacy Policy, your submissions to the Site, the services provided through the Site or otherwise by Book Launchers to you, your use of any services of the Site or provided by Book Launchers or your alleged violation of any rights of another.  This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law.  Further, if Book Launchers receives a subpoena based on your use of our Service, you hereby agree to and promise to indemnify Book Launchers for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena.  This indemnification obligation is in addition to any other rights or remedies Book Launchers may have in law or equity.

You agree that Book Launchers shall have the right to participate in and oversee the defense of any claim asserted against Book Launchers or involving the Site.  You also agree that Book Launchers shall be entitled to retain a counsel of Book Launchers’ own choosing at your cost which you shall be sole responsible for paying.  You further agree to notify Book Launchers of your knowledge of any claim against Book Launchers or involving the Site.  You agree to cooperate fully with Book Launchers during such proceedings.

Indemnification Procedure. Book Launchers shall promptly notify you in writing of any Action and cooperate with you at your sole cost and expense. You shall immediately take control of the defense and investigation of such Action and shall employ counsel of its choice to handle and defend the same, at your sole cost and expense as approved in writing by Book Launchers.

Automatic Payments in the Event of Default

If you provided payment information to Book Launchers and sums are due and owing from you to Book Launchers and you are in default of your obligations under these T&C, you authorize Book Launchers to deduct any sums due and owing from your payment source(s) so long as Book Launchers provided you with notice of your default and you failed to cure the default under the terms and conditions of these T&C.

Right to Refuse Service

Book Launchers, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.

Consent and Survival of Agreement

By using the Site and Site services provided through the Site by Book Launchers under these T&C and the Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of these T&C and the Privacy Policy.  You also agree to be bound by all amended terms and conditions of these T&C and the Privacy Policy.  These terms of these T&C and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the Site or its services.

Reports of Abuse

If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating these T&C or the Privacy Policy, you may inform Book Launchers in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below.  Book Launchers may, but is not obligated, to conduct an investigation into the allegations.  Book Launchers reserves the right to remove accounts, content, or postings that from the Site Book Launchers, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Retention of Records

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records.  Under no circumstances will Book Launchers be liable to you for your failure to retain necessary records, nor will Book Launchers’ retention or non-retention of records act to alleviate your duty under the law.

Termination of Services

You acknowledge and agree that we may terminate or block your use of the Site or any Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these T&C or the Privacy Policy.  You agree that upon such termination or discontinuance for any reason, Book Launchers may delete all information related to you on or within the Site and may bar your access to and use of Site services.

Notices and Communication

You authorize Book Launchers and its sponsors and affiliates to communicate with you to the full extent allowed by the Book Launchers’ Privacy Policy.  Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to the Site or Book Launchers.  If you do not wish to receive bulk e-mail notices or announcements from Book Launchers, please send us an e-mail at the e-mail address listed below.  To the extent you do not wish to receive communication from our sponsors and affiliates, you should contact them directly.

Notices that you send to us must be delivered via first class mail to the following address:

Book Launchers

10845 Griffith Peak Dr #2

Las Vegas, NV 89135

 

You may also send us notices via e-mail to: team@booklaunchers.com so long as you place “LEGAL NOTICE” in the subject line of the email.

You authorize us to send any notices to you based on the contact information you provide us.  We are not responsible if you fail to keep your contact information up to date.

Choice of Law, Jurisdiction and Venue

All purchases made through the Site are deemed made within the State of Nevada.

The terms and conditions of these T&C and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Nevada, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if each of these T&C and the Privacy Policy was a contract wholly entered into and wholly performed within Nevada. Any dispute arising under or related to these terms and conditions, the services offered by Book Launchers, or any other matter related to the parties to these terms and conditions shall be arbitrated or litigated in Las Vegas, Nevada.

Arbitration

Except for injunctive relief, you agree that any claim, dispute, action or litigation based hereon, relating to or arising out of these T&C, the Privacy Policy, or related to the Site or Site services provided by us to you shall be brought and maintained exclusively via arbitration (except for injunctive relief). Any Party seeking to pursue an action to arbitrate shall give written notice to the other Party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. Such arbitration shall be conducted, unless otherwise agreed by the Parties, 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 (or, if no agreement can be reached, then a location in Clark County, Nevada). The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing Party in any arbitration shall be entitled to recover all costs incurred by such Party in connection with the proceeding, including reasonable attorneys’ fees.  If injunctive relief is needed, the Parties agree to exclusively utilize the courts with jurisdiction in Clark County, Nevada. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation any action has been brought in an inconvenient forum.

Exclusive Remedy and Damages Cap

You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Book Launchers related to the Site, these T&C, the Privacy Policy, or procurement of other services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the goods and services provided to you by Book Launchers within the six (6) months prior to when your first claim first arose, or $500, whichever is less.  IN NO EVENT SHALL Book Launchers BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS OR WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH Book Launchers MAY BE RESPONSIBLE.

Time Limitations For Action

Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by Book Launchers must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.

Waiver of Jury Trial

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE T&C OR THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.

Waiver of Class Action

EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE T&C.

Prior Action Before Formal Claim

You agree that as a material provision of these T&C, that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us.  You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law.  Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these T&C and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period.  This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.

No Third Party Beneficiaries

Except as otherwise expressly provided herein, nothing in these T&C is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under these T&C without the prior written consent from Book Launchers.  Any attempt by your creditors or another third party to obtain an interest in your rights under these T&C or the Privacy Policy is voidable at Book Launchers’ option.

Successors and Assigns

Except as otherwise expressly provided herein, these T&C shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these T&C shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy.  No failure or delay by Book Launchers in exercising any right, power or privilege hereunder shall operate as a waiver.  Similarly, Book Launchers’ election to not assert its rights under these T&C shall not preclude Book Launchers from asserting its rights in the future.

Severability of Terms

If any provision of these T&C or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected.  If any provision in these T&C, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Entire Agreement

These T&Cs and the Privacy Policy is the sole and entire agreement of the parties with respect to the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Attorneys’ Fees

If Book Launchers prevails in any action, suit, or proceeding arising from or based upon these T&C, Book Launchers shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

Headings

The headings in these T&C are for convenience only.  The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

California Residents Only

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Book Launchers

10845 Griffith Peak #2

Las Vegas, NV 89135

 

 

 

Stick Horse Holdings, Inc., d/b/a Book Launchers Services and Disclaimers

Last Updated: October 9, 2023

SERVICES AND DISCLAIMERS

 

In consideration for accessing and using www.booklaunchers.com (the “Site”) and the Site’s services (including the sale of goods), you accept and agree to be bound by the terms and provisions of these Disclaimers, our Terms and Conditions and the Privacy Policy located at: https://booklaunchers.com/terms-conditions/ and https://booklaunchers.com/privacy-policy/ (the “Privacy Policy”).  The terms of these Disclaimers, the Terms and Conditions and the Privacy Policy apply to, and govern, your use of all services, webpages and content contained within the Site and your relationship with Stick Horse Holdings, Inc., d/b/a Book Launchers (“Book Launchers,” “us,” “we,” or “our”).

MEMBERSHIP OPTIONS

You may browse the publicly available sections of the Site such as the blog at no 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.

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.

VIP SERVICES

You may upgrade to a VIP Membership at any time. You may cancel your VIP Membership at any time pursuant to the cancellation section in our Terms and Conditions. However, you may not downgrade from a VIP Membership to a Platinum Plus or Platinum Membership unless you have been a VIP member for six consecutive calendar months (or, such time as your book has launched and you’ve provided Book Launchers with at least 30 days notice of your desire to change service levels). Following this six-month period, you may downgrade to a lower tier Membership. The six-month commitment shall apply to any upgrades to VIP Memberships regardless of the number of times you have upgraded in the past.

GOLD SERVICES

You may downgrade to GOLD Coaching or GOLD Marketing only under the following circumstances:

Gold Coaching: After you’ve completed hook development, outline creation, and your first chapter with your writing coach. At that time, if you wish to receive less support from the coach (up to a maximum of one 90 minute call in a month and weekly email communications), you may downgrade until your book is ready to move to an editor. At that time, you must upgrade back to Platinum or Platinum Plus service.

Gold Marketing: Only after your book has launched and you’ve received at least three months of post-launch marketing support may you downgrade to Gold Marketing.

 

BASIC WEBSITE SPECIFICATIONS

You may select a basic WordPress website as part of one of our Membership packages or as an add-on service. The website will include 1) WordPress website design (choose from a Divi template) for 5 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. You agree you are responsible for any and all one time or reoccurring costs associated with creating your WordPress site, including but not limited to hosting costs, domain purchases, or purchase of mailing list software. You also agree Book Launchers is not responsible for ongoing maintenance or updates to site once the site is published.

LEGAL DOCUMENTS FOR YOUR WEBSITE

 

Should you select a Membership that includes a website option, you are solely responsible for obtaining the relevant legal documents for the website including Terms of Use and a Privacy Policy. All websites are delivered “as-is” without legal documentation or functionality, if any, required by laws or regulations. You understand it is critical to consult with a lawyer regarding your obligations when operating online including compliance with various laws and regulations including, but not limited to, the Americans with Disabilities Act, the California Consumer Protection Act and the General Data Protection Regulation in Europe.

 

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 that will produce any specific outcome including, but not limited to, a particular number of book sales. You will be provided with an Amazon Ad report on ad performance once a month included in your monthly marketing report.

 

MEDIA PROMOTIONS

 

We will promote you and your book to media outlets including, but not limited to, podcasts, conferences, speaking engagements, and live events. If you are a Platinum Plus  or VIP member, we may also promote you and your book to review services and through paid marketing at our sole discretion. As part of this service, we will research and identify media outlets and contact information for each outlet. All such research results shall remain our sole property. We will provide you a list of the media outlets we’ve contacted on your behalf including in monthly marketing reports. However, we will retain all contact information and shall only share that information with you for media outlets on which you’ve been booked. You will have no right to any contact information at any time for media outlets for which you have not been booked. Should your membership be terminated for any reason, your right to receive information for media outlets or their contact information shall cease immediately.

 

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 the 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 editing, cover and layout process to take a minimum of three months, with it more commonly taking six months, or longer. As a matter of company policy, any communication you send to us will be responded to within two business days, unless you’re a VIP Level client and we guarantee one business day. 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 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 production 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.

 

BOOK TO COURSE PRODUCTION SERVICES

 

You may purchase the add-on service of development of an online course from your book. The service specifications and pricing for the book-to-course development services may be viewed here and are incorporated herein by reference. You shall be the sole owner of the 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 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 proceeds for your audiobook sales.

 

SEVERABILITY OF TERMS

 

If any provision of these Services and Disclaimers, the Terms and Conditions or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected.  If any provision in these Services and Disclaimers, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

 

HEADINGS

 

The headings in these Services and Disclaimers are for convenience only.  The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

 

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