Additional Terms of Use – Authors
You, as an author of a e-book or other publication for which you are seeking a cover (“Works”) from Draft2Digital, LLC (“us” or “we” or “Draft2Digital”) by and through the functionality of bookcovers.com site (the “Services”), agree to these Additional Terms of Use for Authors.
By clicking accept and providing an electronic signature where you are given the option to do so, you agree to comply with and be bound by the following terms (the “Author Agreement”), as well as the terms and conditions of our Terms of Use and Privacy Policy which are incorporated herein (collectively, the “Agreement”):
- You agree to pay Draft2Digital for the Work at the price and on those purchase terms identified by the Services at the time of your purchase.
- Draft2Digital does not create nor claims any ownership in the Works, which provided to Draft2Digital by third-party Artists. As a result, You acknowledge and agree that: (a) any Work distributed or sold by Draft2Digital through the Services is provided by Draft2Digital on an “AS IS” basis with all faults, and without any warranty of any kind, and Draft2Digital disclaims all warranties, representations and conditions with respect to the Works, whether express, implied or statutory, including but not limited to the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement; (b) your sole and exclusive remedy for any claim against D2D (as defined below) shall be limited to a refund for the Work in accordance with our Refund Policy.
- To the fullest extent permitted by applicable law, You will defend, indemnify and hold Draft2Digital and its affiliates, as well as all their respective officers, directors, employees, affiliates, subcontractors, licensees, distributors and assigns (collectively, “D2D”) harmless from and against any loss, claim, settlement, penalty or liability (including reasonable attorneys’ fees) related to a third-party claim that arises out of any breach by You of the Agreement (“Claim”), including non-payment for any Work.
- In the event of a Claim, Draft2Digital has the right (but not the obligation) to provide the third-party making the Claim the personal and contact information you provide to us so that the third-party may contact you directly for resolution of the Claim. You acknowledge and agree that doing so shall not be a violation of any of your rights and that Draft2Digtial has no obligation to resolve, settle or perform any act or omission with respect to any Claim. Notwithstanding the foregoing or anything to the contrary in the Agreement, You may not settle or compromise any Claim that involves any admission, finding or determination of wrongdoing or violation of law by Draft2Digital.
- To the extent You have a claim against a third-party related to a Work (including any Artist for alleged infringement of third-party rights) for which you notify Draft2Digtial, You agree that Draft2Digital’s sole obligation with respect to the same is to provide you with the personal and contact information provided to us in relation to the Work; and, to the fullest extent allowable under appliable law, you release and discharge D2D from all other causes of action, claims for relief, lawsuits, charges, complaints, debts, liens, contracts, agreements, promises, liabilities, demands, damages, losses, rights, benefits, obligations, attorneys’ fees, penalties, statutory damages, costs or expenses of any kind or nature whatsoever, in law, equity or otherwise, known and unknown, liquidated or unliquidated.
- This Author Agreement is intended to supplement, and not supersede the other portions of the Agreement, which shall remain in full force and effect. To the extent there is a conflict among any term of the Agreement and the terms herein, the terms of this Author Agreement shall control.
