End User License Agreement |
Last updated on February 17, 2022
- General Information By means of this Website, The Author Helper Suite, The Author Helper, LLC facilitates well-managed connections between authors and their team of readers. It provides centralized issues-tracking for Advanced Reader Copies ("ARCS") for the purpose of improving manuscripts for publication. In addition, readers can discover authors on the website who are looking for help with their manuscripts. Unless otherwise expressly provided, all provisions of these Terms of Use apply to non-registered users and Authorized Users.
- Privacy Please visit our privacy policy which governs your visit to the Website.
- Definitions "Authorized User" means a subscriber to The Author Helper Suite service.
- Unrestricted and Restricted Content You may use the Website solely pursuant to these Terms of Use. Unless you are an Authorized User, you may not access Secure Areas or use any Restricted Content. However, even if you are not an Authorized User, this Website may provide the means for you to download or stream Unrestricted Content for your own personal and non-commercial use. Regardless of whether you are an unregistered user, or an Authorized User, you will not: (i) use the Website except as permitted by the Terms of Use (ii) use the Website or Content for time-sharing, rental, service-bureau and/or similar derivative-use purposes; (iii) modify, reverse engineer, decompile, or disassemble any part or all of the Website; (iv) sell, sublicense, resell, or otherwise transfer your right to use the Website; or (v) collect or use any listings, descriptions, and/or prices for the benefit of any other business. You understand and agree that the technology of The Author Helper, LLC is proprietary to The Author Helper, LLC. You will not: (a) sell, sublicense, resell, or otherwise transfer your right to use the Content; (b) create or attempt to create derivative works from the Content except as expressly permitted herein; (c) remove any copyright, trademark or other proprietary notices from any Content; (d) remove or attempt to remove any DRM from the Content.
- Minors This Website is made available solely for adults eighteen (18) years of age or older. If you are under eighteen (18), please exit this Website immediately.
- Authorized Users Confidentiality of Restricted Content. You will employ best efforts to safeguard the Restricted Content and protect it from unauthorized use, exercising at least a reasonable degree of care. You will immediately notify The Author Helper, LLC of any unauthorized use of the Restricted Content. Your obligations to keep confidential the Restricted Content will survive the termination or expiration of the Agreement.
- Communication between parties The Author Helper Suite offers a way to facilitate tasks-based communication between readers and authors. You agree that all interactions via the The Author Helper Suite ARC tool and The Author Helper Suite is the sole responsibility of the individual from whom such Content originated. This means that you (and not The Author Helper, LLC) are entirely responsible for all interactions via the ARC tool and website. The Author Helper, LLC does not control the posted Content and, as such, does not guarantee the accuracy, completeness, usefulness, integrity, or quality of such Content. You understand and agree that by using the ARC tool and this Website, you may be exposed to communications and Content that is offensive, indecent, or objectionable. Under no circumstances will The Author Helper, LLC be liable in any way for any communications or Content, including any errors or omissions in any communication or Content or any loss or damage of any kind incurred as a result of the use of any communication or Content submitted via this Website.
- Your Participation in the ReaderTeam tool and General Use of this Website You agree that you will not use the ReaderTeam tool or this Website to submit or otherwise make available communications or Content, or demonstrate any behavior that:
- Claims of Infringement The Author Helper, LLC respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, The Author Helper, LLC will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. The Author Helper, LLC will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Author Helper, LLC:
- Version check and registration The subscription service automatically updates to address performance issues, feature updates and bug fixes. This may include downtime, which will be accompanied by communication from us about estimated time to normal status.
- General Legal Disclaimer. Your use and browsing of this Website are at your own risk. Except as otherwise provided above, everything on this Website is provided "AS IS" without warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Author Helper, LLC makes no warranties that the Website will be error-free or uninterrupted, that defects will be corrected, or that this Website, or its server are or will be free of viruses or other harmful components. The Author Helper, LLC makes no warranties or representations regarding the use or results of the use of the Content on this Website. You understand and agree that applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Indemnification. You will defend, indemnify, and hold us harmless from: (i) your use of and access of the Website; (ii) your violation of any of these Terms; (iii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to the Content or use of the Website. This defense and indemnification obligation will survive these Terms and your use of the Website.
- Termination The Terms may be terminated by The Author Helper, LLC at any time without notice. In the event of termination, you are no longer authorized to access the Website and all limitations on The Author Helper, LLC's liability regarding your use of the Website and/or the Content will survive.
- COPYRIGHT The SOFTWARE is owned by The Author Helper, LLC and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold, to You for use solely subject to the terms and conditions of this Agreement.
- LIMITED WARRANTY THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE AUTHOR HELPER, LLC ITS OWNERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE.
- LIMITATION OF LIABILITY IN NO EVENT SHALL The Author Helper, LLC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF The Author Helper, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL LEGAL ISSUES SHOULD BE JUDGED BY THE COURT INDICATED BY The Author Helper, LLC.
- CHANGES TO THIS AGREEMENT WE RESERVE THE RIGHTS TO MAKE CHANGES TO THIS AGREEMENT WITHOUT ANY PRIOR NOTICE AT OUR SOLE DISCRETION.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE, YOU CONSENT TO THE TERMS OF USE. PLEASE NOTE THAT The Author Helper, LLC MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME. BECAUSE THESE TERMS OF USE CREATE A BINDING CONTRACT BETWEEN YOU AND The Author Helper, LLC, The Author Helper, LLC RECOMMENDS THAT YOU BOOKMARK THE TERMS OF USE AND REVIEW IT REGULARLY TO ENSURE YOUR COMPLIANCE THEREWITH.
"Non-registered user" is a person who visits the site but does not register as a reader or subscribe to The Author Helper Suite service for authors.
"Content" means ARCs and any and all other text, pictures, sounds, video, or other data in any format made available via the Website. Content includes bug reports, issues and corrections that readers offer authors via the ARC tool. Content also includes notes that the author posts in response to reader Content.
"EBook" means a publication for distribution for reading purposes via an electronic format.
"ARC" means any single version of a publication, including related metadata, distributed for media or buyer review, comment, editorial review, promotional, or other similar purposes including: unbound galley, bound galley, uncorrected proof, review copy, desk copy, preview copy, digital preview, digital galley, or finished book adapted for use and display in connection with the Website. The term, "Galley" may include EBooks, ARCs and post-publication content.
"Public Areas" means those portions of the Website that The Author Helper, LLC makes available to the public without restriction and that may be accessed without the use of a password.
"Restricted Content" means the Content that has been made available to Authorized Users by accessing a Secure Area of the Website.
"Secure Area" means those portions of the Website that The Author Helper, LLC makes available solely to Authorized Users and for which access is controlled by usernames and passwords.
"Submit" (whether or not capitalized) means to transmit, post, upload, distribute, display, publicly perform, copy, and/or make derivative works.
"Unrestricted Content" means Content, that is not Restricted Content, made available on public portions of the Website.
"Use" means (whether or not capitalized) to copy, distribute, publicly perform, publicly display, make derivative works, edit or otherwise access or use.
Password Protection for Secure Areas. Your right to access Secure Areas and to use Restricted Content is personal to you. You will not transfer, or make available to another, passwords and account identification provided to you or otherwise facilitate another's access to the Secure Areas or use of the Restricted Content. Any such transfer or facilitation may result in the immediate termination (in The Author Helper, LLC's sole discretion) of your rights under the Terms of Use. If you believe your password has been disclosed to or is in use by another, you will immediately notify The Author Helper, LLC.
Limited Liability Regarding Restricted Content. The Author Helper, LLC does not guarantee the accuracy, completeness, usefulness, integrity, or quality of such Restricted Content. You understand and agree that by accessing Secure Areas and/or using Restricted Content, you may be exposed to Restricted Content that is offensive, indecent, or objectionable. Under no circumstances will The Author Helper, LLC be liable in any way for any Restricted Content, including any errors or omissions in any Restricted Content or any loss or damage of any kind incurred as a result of the use of any Restricted Content submitted via this Website.
Restricted Content Submissions. If you are an Authorized User, the Website may provide means for you to submit material through Secure Areas of the Website. You will not submit material protected by copyright, trademark, trade secret, patent, or other proprietary right without the express permission of the copyright holder. You will be solely liable for any damage resulting from any such improper submissions. To the extent you submit and/or edit Restricted Content through a Secure Area, you warrant that you have the right to do so. You will not submit material that: (i) constitutes or contains unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation; (ii) constitutes or contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) interferes with or disrupts the Website, related services, or servers or networks connected thereto or disobeys any requirements, procedures, policies, or regulations of networks connected to this Website or related services; (iv) violates any applicable local, state, national, or international law or any regulations having the force of law; or (v) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
You must keep your login credentials secret. You may not distribute, give away, or lend it. We reserve the right to monitor levels of your membership activity and take any necessary action in the event of abnormal usage being detected. You agree to pay the subscription fee on a monthly basis until you cancel the subscription. You agree that membership depends on timely payment of fees and that our policy of three email arrears warnings is sufficient.
You understand that The Author Helper Suites' Reader service is for readers who want to get early copies of eBooks to help authors improve the final product. Authors may also ask you to post an honest review of the book on an online service. You understand that no prize of any kind can be accepted in return for a favorable review. You agree to submit a ticket to The Author Helper Suite if an author attempts to buy a favorable review from you. You agree to participate on a ReaderTeam that is managed by the author. The ReaderTeam reports issyues found in the book, answers questions from the author and posts questions to the author. You understand that other team members can see the questions and answers. If you'd like to communicate privately with the author you agree to use another mode of communication. You understand that The Author Helper Suite is a team management service, not a communication platform.
Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, racially or otherwise hateful, or otherwise objectionable; Harms minors; Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity; Conflicts with any obligations you have under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as party of employment relationships or under non-disclosure agreements); Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party; Constitutes or contains unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation.
Constitutes or contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Interferes with or disrupts the Website, related services, or servers or networks connected thereto or disobeys any requirements, procedures, policies, or regulations of networks connected to this Website or related services. Violates any applicable local, state, national, or international law or any regulations having the force of law;
or
Is used to stalk or otherwise harass another.
DMCA Notice of Alleged Infringement ("Notice")
Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed. Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the Website. Provide your mailing address, telephone number and, if available, email address. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to The Author Helper, LLC:
By mail:
The Author Helper, LLC
604 E. Front Street
#1706
Clayton, NC 27520
While The Author Helper, LLC considers all such notices seriously, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that Content or activity is infringing. For example, one decision ordered a company that sent infringement notification seeking removal of online materials that were protected by copyright's fair use doctrine to pay such costs and attorneys' fees the company agreed to settle the matter at over $100,000.For more information, please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
Limitation of Liability. IN NO EVENT WILL The Author Helper, LLC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IFThe Author Helper, LLC OR ONE OF ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL The Author Helper, LLC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS WEBSITE.
Choice of Law. These terms of use will be governed by the laws of the state of North Carolina without respect to its conflict of laws provision. Any claim or dispute between you and The Author Helper, LLC that arises in whole or in part from this Website will be decided exclusively by a court of competent jurisdiction located in the state of North Carolina.
Entire Agreement; Waiver. These Terms, together with the privacy policy and any other legal notice published by The Author Helper, LLC on this Website constitute the entire agreement between you and The Author Helper, LLC concerning this Website. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use. The Author Helper, LLC's failure to insist on or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.
Assignment. Subject to any terms to the contrary in the Client Agreement, The Author Helper, LLC may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement.