-Terms
Terms 2017-01-30T03:00:28-04:00

Terms & Conditions Vinvatar Publishing

rev 10201601

PLEASE READ THE FOLLOWING CAREFULLY. These terms of service (terms) may change at any time without notice. They are a binding agreement (agreement) between You (User or End User or Author or Agent) and Vinvatar Publishing (Publisher or Seller)
By using the service available at https://www.vinvatar.com and affiliated sites (Site), You agree to the terms of this and any other agreements or policies listed on the site(s) and the features and functionalities of the site(s). If you do not agree with these terms, do not use the service.

The following describes the rights and responsibilities of the Author or User (End User) who download, read or preview any Work(s) on the Site.

1. Publisher Rights
Vinvatar Publishing has the right to direct traffic to the Author’s Work on the Vinvatar Publishing Site through Search Engine Optimization services in any form or any hypertext links or arrangements with third parties for searchable sample portions of the Work.

2. Distribution
Even though Vinvatar Publishing has an eBook store (Vinvatar Publishing Online Store), since August 2016 the primary business is focused on eBook & Printed distribution to retail stores, affiliated partners, and library aggregators. Vinvatar Publishing reserves the right to deny or withhold distribution for any reason without explanation.

3. Formats of Digital Conversions
a. Author must submit their Work as a Microsoft Word .doc file. Vinvatar Publishing will convert the book into the appropriate eBook formats, and publish the work for sampling, distributing and selling the work. The author must have written permission to independently sell or distribute Vinvatar Publishing-generated file conversions. You acknowledge that if you violate this agreement, you may forfeit any earnings from Vinvatar Publishing.

b. Author may use the Vinvatar Publishing files to distribute complimentary copies of the work. However, Vinvatar Publishing files cannot be mass-distributed via download at blogs, websites or other retailers outside the Vinvatar Publishing network without written consent from Vinvatar Publishing.

4. Fees, Services, and Refunds
a. By using the Site, the End User is agreeing to pay the fees as presented by Vinvatar Publishing. The End User will have the opportunity to review and accept the fees for the purchase prior to payment. All purchases are final and non-refundable. Vinvatar Publishing may change the pricing policies and fees for services at any time and changes will be effective immediately. Unless otherwise stated, all fees are in U.S. Dollars. Taxes and additional fees may occur. The End User will see additional fees at the time of purchase review.

b. Due to the nature of Vinvatar Publishing products being a non-tangible digital goods, it is not possible to return the product therefore we DO NOT offer refund or exchange after purchase is made. If you are having any issue with the files, or have any questions, please Contact Us we will do our best to resolve any issues.

5. Ownership
You acknowledge and agree that the Vinvatar Publishing Site and Service are proprietary to Vinvatar Publishing and that the Work is proprietary to the Author; that none are proprietary to End User.

6. Communication and Other Content
a. Any form of communication (emails, postal letters, phone calls) to Vinvatar Publishing from the User will be considered consent to receive emails or other forms of communication from Vinvatar Publishing. You (User) agree that any form of communication Vinvatar Publishing provides satisfy any legal requirements that such communication is provided in writing.
b. Users may submit ideas, questions, suggestions, comments or other information, as long as the content is not threatening, illegal, an invasion of privacy, obscene, infringing on intellectual rights, defamatory, or otherwise harmful to third parties. Content or communication cannot contain political views or campaign information or campaign ads, software viruses, chain letters or mass mailings, objectionable content, commercial solicitations, or “spam” of any kind. Users can not impersonate people or entity’s, use false email accounts, or misleading information including the use of credit cards and other payment types. Vinvatar Publishing has the right to remove any falsified information and block or delete the offending user. Any communications, postings, or discussions are posted at the User’s discretion.

7. Use of Work
a. Customers, reviewers, or anyone else purchasing or downloading the Work (End users) will only be allowed to use the Work for their personal enjoyment unless written consent from Vinvatar Publishing is given. All Work purchased or provided to the End User is licensed and may not be resold or sublicensed. Use of the Work is for non-exclusive, non-transferable, and non-distributable use this includes sample text and free Works. End Users are free to enjoy the Work but they are not authorized to sell, trade, distribute or share the Work with others.

b. Third parties are not authorized to download, host or otherwise redistribute Vinvatar Publishing Works without prior written consent from Vinvatar Publishing. Services such as directory or affiliate marketers may reproduce the metadata information found on each book’s page (cover image, book description, price, and so on) providing the hyperlinks direct users to the Vinvatar Publishing book page, users may not be charged for use of these listings, and they cannot require users to register their personal information for access to the listings.

8. Infringement
a. If an Author or copyright holder finds a third party violating the Author’s copyright, illegally distributes, or pirates a published work from Vinvatar Publishing, the Author shall inform Vinvatar Publishing. Vinvatar Publishing will attempt to stop the violation but makes no guarantees or promises; it is the restitution is the Author’s responsibility.

b. If the Work or any material from the work has been licensed to, or belongs to someone else. The Author is responsible to secure permissions to the Work prior to submitting the Work.

9. Indemnification
a. You (End User) agree to indemnify and hold Vinvatar Publishing and its successors, assigns and licensees, and their officers, distributors, members, customers, employees, directors, and agents, harmless against any expense (including, but not limited to, disbursements and reasonable attorneys’ fees) or judgment, other liability or settlement arising out of any legal proceeding or claim asserting any warranty or claims contrary to representation made by You in this Agreement.

b. Upon receiving notice of any demand, claim, action or suit or other legal proceeding alleging inconsistent facts with or contrary to any of the representations or warranties contained in this agreement, Vinvatar Publishing has the right to withhold any reasonable amount payable to the Author as security for the payment of the Author’s potential obligations in accordance to this agreement and all other agreements between Vinvatar Publishing and Author.

10. Conduct
a. Vinvatar Publishing works hard to keep the Site working properly. Please report problems or policy violations to Vinvatar Publishing. The representations and warranties in this Agreement extend to End Users and assigns and successors and other licensees of Vinvatar Publishing. While using the Site, Services or Work, End Users agree to not:
-Violate any third party right, policies, or laws
-Manipulate or circumvent our fee and billing process
-Distribute, modify, or copy Site content, or Vinvatar Publishing’ copyrights and trademarks
-Engage in profane or abusive behavior toward Vinvatar Publishing, its authors, its -employees, retail partners or other Users
-Threaten or take action against Vinvatar Publishing or Vinvatar Publishing retail partners with legal action due to inaccurate book listings
b. Vinvatar Publishing may suspend, terminate, or limit a member’s account, prohibit access to our Site, or revoke earnings, we may demand the destruction or return of any Work taken or used improperly from our Site, if we believe there are legal liabilities or any other accruing issues.

11. Publisher’s Warranties
a. Copyright Notice Policy. Vinvatar Publishing is a contracted distributor; however, the Author holds all copyrights. It is the Author’s responsibility to file copyrights and any other intellectual property with the appropriate governmental body. Claims or Allegations of a copyright violation against Authors at Vinvatar Publishing must be sent in righting to office@vinvatar.com with proof of copyright violation. Vinvatar Publishing will make every attempt in good faith to settle any claims within a reasonable time period. Under penalty of perjury, all information supporting your claim of infringement must be accurate and you must send a statement that you are the copyright owner or a person authorized to act on their behalf along with proof of authorization.
b. DRM, Piracy. Vinvatar Publishing is a strong supporter of author’s rights, and copyright owners. We (Vinvatar Publishing) are against infringement or piracy of Author Work. Customers should purchase licensed copies to avoid issues. However, Vinvatar Publishing will not publish work with digital rights management active. We feel DRMed work is not as accessible to the customers many devices. Vinvatar Publishing cannot completely prevent infringement or piracy.
c. LIMITATION ON DAMAGES. At no point or under any circumstance will Vinvatar Publishing be held liable to the Author or End User or any other third party, for any special, Indirect, Punitive, Consequential, Incidental, or Exemplary damages of any kind. In no way will Vinvatar Publishing or its resellers be liable for errors of any kind, resulting in Availability Delays, Delayed Shipments, Inaccurate or incomplete Listings, or Mispricing.
d. Warranty All Work and Services provided to End Users will be “as-is” and “with all faults.” The entire risk or use of or selection of Vinvatar Publishing services or modifications to the site or Work is not guaranteed to meet the requirements of the User. Vinvatar Publishing does not give or promise any warranty of the Work or the Site(s)
e. Events Voiding Warranty. Vinvatar Publishing does not warrant defects that arise due to a non-suitable installation environment for the product, or damage caused by disasters including but not limited to acts of God, strikes, wars, governmental restrictions, wind, riots, lightening, terrorism, fire, and flood, or damage caused by modifications, unauthorized attachments, or misconfigurations to the Vinvatar Publishing product or site, or any other type of abuse or misuse by End-Users. Any breach of the License Agreement by or for the End-User, including, without limitation, unauthorized distribution or modification of the Product or any other portion of the site, will void any and all warranties.
f. Vinvatar Publishing does not engage in any type of spam, nor does it share, rent or sell the personal contact information of its members to or with third parties.

12. Legal Action
a. Venue for all purposes under this agreement will be in Van Buren County, Michigan, and the parties involved hereby consent to this venue and jurisdiction. If any legal proceeding or action involving or referencing this Agreement or the enforcement of any part of this Agreement is brought against any party within, the winning party will be entitled to the recovery of reasonable attorneys’ fees, disbursements and costs in addition to any and all other relief to which the winning party may be entitled.

b. This Agreement will be governed by and interpreted in accordance with the acceptable laws of the State of Michigan. If any part of this Agreement is considered invalid, both parties agree that such invalid issues will not affect the remaining valid portions of this Agreement.

13. No Agency
No joint venture, agency, joint relationship, partnership, or other entity is created when this agreement is accepted.

14. Affiliate Links Disclosure
Some of the links on the Site are “affiliate links.” If you click on the link and purchase the item, Vinvatar Publishing will receive an affiliate commission. We are disclosing this in accordance with the Federal Trade Commission’s http://www.access.gpo.gov/nara/cfr/waisidx_03/16cfr255_03.html 16 CFR, Part 255 “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

15. Privacy Policy
Vinvatar Publishing has strict privacy policies to protect the privacy of Vinvatar Publishing authors and customers. Vinvatar Publishing Privacy Policy can be read here.

By using the Service, you acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions.
In witness whereof, the parties addressed in this agreement have executed this agreement as of the date and the year upon which the user first approved such Terms of Service.

Vinvatar Publishing Office Address
Vinvatar Publishing
P.O. Box 33
Lawrence, MI 49064

This Agreement is the full agreement and may be changed at any time without notice for any reason. Please check back often for possible changes.