Terms of Use
We are pleased to welcome you to the PublishingGurus.com Website. PublishingGurus (“us” or “we”) and our affiliates provide Services to you subject to the following terms and conditions.
PLEASE NOTE: If you visit or shop at the PublishingGurus Website, you agree to accept and be legally bound by these Terms of Use. Please read them carefully. In addition, when you use any PublishingGurus Service, or when you visit or purchase from any business affiliated with us, whether or not included in the PublishingGurus website, you will also be subject to the terms and conditions applicable to such service or business. The term “User” refers to a Visitor, a Client, or a Customer.
BY USING THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. YOU ALSO AGREE TO FOLLOW AND BE BOUND BY THE PUBLISHINGGURUS PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.
Privacy
Please review our Privacy Policy to understand our practices.
Eligibility
By using the Services, you represent and warrant that: (1) all required registration information you submit is accurate and truthful; (2) you are 18 years of age or older; and (3) your use of our Services does not violate any applicable law or regulation. If you are under 18, you may only purchase items from us with the involvement of a parent or guardian. In addition, without the consent of your parent or guardian, you may not view books or content in our Webstore that has been marked as “inappropriate for minors.”
Publishing Contracts:
Exclusive Publishing Contract
According to this contract, you will not be able to publish your book with any other publishing house once you have published it with PGs.
Occasionally, if we believe that a particular book has the potential to become a big best seller, we will offer the Author this exclusive contract. If the Author agrees, we will market the book with our full potential and make sure that is it carried by “regular” brick-and-mortar bookstores. If the book does become an outstanding seller, both you as the Author and we as the Publisher will benefit financially.
With an exclusive contract, we as the Publisher will retain 100% of all rights and copyright licenses to the manuscript and all other materials you submit to PublishingGurus.com, and also the liability pertaining to them.
Non-Exclusive Publishing Contract
We provide you a non-exclusive contract, which means you are free to publish with another publisher provided their contract with you is also non-exclusive. If not, then we will have to remove our imprint from your book and our contract with you as an author will be null and void.
You, as Author, retain 100% of all rights and copyright licenses to the manuscript and all other materials you submit to PublishingGurus.com, and also the liability pertaining to them. PublishingGurus will not be liable for any copyright infringements or plagiarism suits regarding your books. Authors are directly responsible for the content published with us.
Why two different Publishing Contracts?
Today, the Print-on-Demand revolution has changed traditional publishing completely. In 2009, about 764,500 books were self-published, vs. approximately 288,000 traditionally published, according to Publishers’ Weekly figures. Yet bookstores still mostly accept books published by traditional publishers through distributors or agents. Moving forward with present-day methods, but keeping in mind the importance bookstores still have in our lives, PublishingGurus is a fusion of both the old and new publishing types.
We only accept good books. Perhaps a few of them will be best sellers – but what about the rest? All Authors would like to earn money from the sale of their books. The best option for most Authors will therefore be to sign a non-exclusive contract, giving them the option to publish their books as well with other publishing houses providing a similar non-exclusive contract.
Our focus on quality means that the books we select and publish will sell; so whichever of the two contracts you select, you will make money from your work, and so will PublishingGurus.
This is a win-win situation for Authors who publish with us.
Book Royalties
If you choose PublishingGurus.com to publish your book, whether with a non-exclusive contract or an exclusive contract, we are liable to sell the books and to share the royalties with you. The percentage of royalty depends on the book’s content, its target market, and its general appeal. Royalties will be discussed and decided with the Author while signing the contract. You, as the Author, always have the final decision on this matter.
Fees
You acknowledge that PublishingGurus reserves the right to charge for our Services, and to change our fees from time to time at our discretion, upon posting these changes on the Website. When you use the Services, you are responsible for the payment of any applicable fees, and shall pay such fees to PublishingGurus as set forth on the Website.
Electronic Communications
When you visit the PublishingGurus Website or send e-mails to us, you are communicating with us electronically. You consent to receive electronic communications from us. We will communicate with you by e-mail, or by posting notices on our main Website. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be “in writing”.
Reviews, Comments, Communication, and Other Content
As a Visitor, you may post reviews, comments, and other content, and submit suggestions, ideas, questions, or other information, as long as this content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. You may not post content that contains software viruses, political campaigning, commercial solicitation, chain letters, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content posted by you. We reserve the right (but not the obligation) to remove or edit such content; but please be aware that we do not regularly review posted content.
If you choose to post content or submit material, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully-sublicensable right to use, modify, adapt, reproduce, publish, translate, create derivative works from, distribute, and display such content throughout the world, in any media. You grant us the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us from all claims resulting from content you supply. We reserve the right (but not the obligation) to monitor, edit, or remove and activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
Advertising or Marketing
All communications, discussions, or posting of content on our Website by our Users are the views of those Users, and do not constitute advertising, marketing, or promotion of our Services, nor do they necessarily represent the views of PublishingGurus.
Development of Property
Any property or content that you distribute on PublishingGurus, or any content or property that is created during discussions or conversations, is your property and is not owned or endorsed by PublishingGurus.
Compensation
Users are not compensated for discussions, conversations, or postings on PublishingGurus. All discussions, conversations, and postings are posted at your discretion.
Copyright
All content included on this Website – for example, text, graphics, logos, images, button icons, digital downloads, data compilations, and software – is the property of PublishingGurus or the property of our Users, partners, affiliates, agents, or suppliers. As such, it is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of PublishingGurus, and is protected by United States and international copyright laws. All software used on this Website is the property of PublishingGurus or the property of our Users, partners, affiliates, agents, or suppliers, and is protected by United States and international copyright laws.
Trademarks
“PublishingGurus” and other marks indicated on our Website are trademarks of PublishingGurus.com. All our logos, graphics, button icons, scripts, and service names are trademarks, trade dress, or service marks of PublishingGurus. Our trademarks and trade dress may not be used in connection with any product or service that is not ours or directly related to us; or in any manner that is likely to cause confusion among customers; or in any way that discredits or disparages PublishingGurus. All other trademarks not owned by us that appear on this Website are the property of their respective owners, who may or may not be connected to, affiliated with, or sponsored by us.
License and Site Access
We grant you a limited license to access and make personal use of this Website. You may not download (other than page caching) or modify it, or any portion of it, without our express written consent. This license does not include any resale or commercial use of this Website or its contents; any copying or downloading of account information for the benefit of any other merchant; or any use whatsoever of robots, data mining, or similar data-gathering and extraction tools. This Website, or any portion of it, may not be duplicated, copied, reproduced, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information whatsoever of our Website and our affiliates without express written consent. You may not use any meta-tags or other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the PublishingGurus Website, or to our Web Store, so long as these links do not portray us, our Users, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of our logos or other proprietary graphic or trademark as part of the link without our express written permission.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
We will always attempt to be as accurate as possible on our Website. However, since our Clients provide us with the images and materials for their Web-stores, we cannot warrant that product descriptions, or other content of this Website or their Web-stores, are accurate, complete, current, error-free, or reliable. If a product offered by one of our Clients is substantially not as described, your sole remedy is to return it to us for a refund.
Other Businesses
Parties other than PublishingGurus operate Web-stores, sell products, or provide services on this Website. Additionally, we may provide links to the sites of affiliated companies and other businesses. PublishingGurus is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals, or the content of their Websites. We cannot assume any responsibility or liability for the products, actions, or content of all these and any other third parties. You should carefully review their Privacy Policies and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting the PublishingGurus Website, you agree that the laws of the state of California, USA, and/or the state of West Bengal, India, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us or our affiliates.
Site Policies, Modification, and Severability
Please review our other policies, posted on this Website. These policies also govern your visit to the PublishingGurus Website and Web-stores. We reserve the right to make changes to our Website, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
International Duties and Taxes
You may be subject to import duties and taxes, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. Additionally, when ordering from PublishingGurus.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
Our Addresses:
India Office USA Office
PublishingGurus PublishingGurus
P. O. Box 12349 5666 La Jolla Boulevard, #201
Central Avenue La Jolla, California 92037
Kolkata – 700073 USA
INDIA
