Terms & Conditions

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, INDIEQUILL.COM and/or its licensors own the intellectual property rights to the website and material on the website that was created specifically by the INDIE QUILL team. Subject to the license below, all these intellectual property rights are reserved.

You may view and print public-use pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website that you do not own the rights to (including republication on another website);
  • sell, rent or sub-license material from the website that you do not own the rights to;
  • show any material from the website in public beyond promotion of your own books;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website that you do not own the rights to; or
  • redistribute material from this website.
  • Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without INDIE QUILL LLC’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

Restricted access

Access to certain areas of this website is restricted. INDIE QUILL, LLC reserves the right to restrict access to backend areas of this website, or indeed this entire website, at the Administrator’s discretion.

If INDIE QUILL, LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

INDIE QUILL, LLC may disable your user ID and password at the company’s sole discretion with notice.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to INDIE QUILL, LLC a worldwide, non-exclusive, royalty-free license to use, and distribute your user content in any existing or future media. You also grant to INDIE QUILL, LLC the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or INDIE QUILL, LLC or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint, with the exception of threats and actions of book banning.

INDIE QUILL, LLC reserves the right to edit or remove any material submitted to this website, or stored on INDIE QUILL, LLC servers, or hosted or published upon this website. However, removal of content shall be pursued only after attempts to reach out to book sellers. Any removal of content will have its author notified in writing where possible.

INDIE QUILL, LLC reserves the right to monitor submissions to this website to maintain a level of quality of materials, as judged by publishing industry sales professionals at the website, and reserves the right to refuse service to a user and refuse adoption of user or potential user’s content for lack of quality in the areas of: cover design, text, file or printed book quality, and any other facet deemed necessary by the website’s administration to maintain positive sales numbers for the company and existing users.

User Representation

A sub-merchant (a user who uses the website to sell books, ie a “seller”) may represent themselves or, in the case of the sub-merchant being a company or collective with multiple authors, represent their authors via nomme de plumes publicly, but the sub-merchant must use their legal or publically presented name when creating an account. Companies may use their company name when creating an account.

Sub-merchants may be a single author representing themselves or an estate, or a company or collective representing multiple authors. However, a sub-merchant on INDIEQUILL.COM must have the written consent or existing legal authority to sell and distribute books from the book’s author.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. INDIE QUILL, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, INDIE QUILL, LLC does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any subject matter, you should consult an appropriate professional.

Limitations of liability

INDIE QUILL, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if INDIE QUILL, LLC has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit INDIE QUILL, LLC liability in respect of any:

  • death or personal injury caused by INDIE QUILL, LLC negligence;
  • fraud or fraudulent misrepresentation on the part of INDIE QUILL, LLC; or
  • matter which it would be illegal or unlawful for INDIE QUILL, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, INDIE QUILL, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against INDIE QUILL, LLC officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect INDIE QUILL, LLC officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as INDIE QUILL, LLC.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify INDIE QUILL, LLC and undertake to keep INDIE QUILL, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by INDIE QUILL, LLC to a third party in settlement of a claim or dispute on the advice of INDIE QUILL, LLC legal advisers) incurred or suffered by INDIE QUILL, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to INDIE QUILL, LLC other rights under these terms and conditions, if you breach these terms and conditions in any way, INDIE QUILL, LLC may take such action as INDIE QUILL, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

INDIE QUILL, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

INDIE QUILL, LLC may transfer, sub-contract or otherwise deal with INDIE QUILL, LLC rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the PRIVACY POLICY and REFUND POLICY, constitute the entire agreement between you and INDIE QUILL, LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the LAWS OF ECOMMERCE OF THE UNITED STATES OF AMERICA, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the STATE OF IOWA.

Registrations and authorisations

INDIEQUILL.COM is registered with and under the authority of the STATE OF IOWA SECRETARY OF STATE.

INDIE QUILL, LLC’s tax number is 47-5556402.

INDIE QUILL, LLC details

The full name of INDIEQUILL.COM is INDIE QUILL, LLC.

INDIE QUILL, LLC is registered in the STATE OF IOWA, United States of America.

INDIE QUILL, LLC’s registered address is 4324 Kingman Blvd, Des Moines, IA, 50311.

You can contact INDIE QUILL, LLC by email to founder@indieQuill.com (high-level inquiries) or support@IndieQuill.com (seller or buyer inquiries, general inquiries).

Credit:
Website Terms and Conditions by SEQ Legal LLP is licensed under a Creative Commons Attribution 2.0 UK: England & Wales License. Based on a work at www.freenetlaw.com. You must retain the credit in all versions and derivatives of the free website terms and conditions. If you want to use this template without a credit, you can obtain a license to do so here: Freenetlaw.com license.