READ CAREFULLY: This End User License Agreement (“EULA”), also known as The Terms of Service, is a legal agreement between you (either an individual or an entity) and The Author Helper, LLC. By subscribing to The Author Helper Suite service (‘THE SOFTWARE’) you agree to be bound by the terms of this EULA.
By means of this Website, The Author Helper Suite, The Author Helper, LLC helps authors manage their book launches, track their marketing and facilitates well-managed connections between authors and their team of readers.
1. GRANT OF LICENSE
The service hereby licenses you to use all features for personal use. You may not charge any distribution fee for access to the service. You must not represent in any way that you are selling the service itself.
2. YOUR MEMBERSHIP
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.
Should you opt to sign up for additional accounts (i.e. for ‘pen names’) you agree that all of the membership terms in YOUR MEMBERSHIP still apply across all accounts that belong to you, regardless of payment method, names used, emails provided or other differences with your other account(s).
You understand that The Author Helper Suite is intended for authors only, not publishers. We do not support publishers at this time.
You understand that The Author Helper Suite service provides up to 250 books per author under the standard monthly fee. Authors who exceed 250 books are subject to additional fees beyond the standard monthly service fee. The Author Helper may contact you via your supplied email to work out a custom account to accommodate your needs. If you do not respond within one week (7 days) of delivery, The Author Helper reserves the right to pause your account until contact is made.
You understand that the basic The Author Helper Suite service includes 150,000 clicks per month. Authors who exceed 150,000 clicks per month are subject to additional fees beyond the standard monthly service fee. The Author Helper may contact you via your supplied email to work out a custom account to accommodate your needs. If you don’t respond to this email within one week (7 days) of delivery The Author Helper reserves the right to pause your account until contact is made.
3. 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:
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:
The Author Helper, LLC
604 E. Front Street
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.
4. 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.
You will be provided with a unique author id. By entering your author id, creating a base url and activating the plug-in on The Author Helper Suite you agree to allow us to forward all traffic that your customers generate through your site. You agree to send them to valid pages where they’ll be treated fairly. When registering, your domain name and the plugin name will be sent to our website for verification and registration.
Without prejudice to any other rights, The Author Helper may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
6. CANCELLATION POLICY
You may cancel at any time. You will have access to your account until the end of that billing cycle.
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.
8. 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.
9. 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.
10. CHANGES TO THIS AGREEMENT
WE RESERVE THE RIGHTS TO MAKE CHANGES TO THIS AGREEMENT WITHOUT ANY PRIOR NOTICE AT OUR SOLE DISCRETION.