Authory-app Ltd (“The company”) provides a web-based book printing service that allow its customers to create, design, collaborate and publish professional-quality printed books including digital PDF versions, (each referred to as a “Book” as applicable in these Terms and Conditions.
The services offered by Authory (“Authory.App”, or “The Company” or us”) include the Authory.app personal print-on-demand service (the “Website”),
This Terms and Conditions Agreement (“Agreement”) sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “User” (which means that you have registered with Authory and set up an Account). The term “User” refers to a Visitor or a Member.
By using the website you agree to follow and be bound by these terms and conditions and the Companies privacy policy which are hereby incorporated by reference. If you do not wish to be bound by these terms and conditions and the privacy policy, you may not access or use the Authory.app website and the services offered from it.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Amendments. Authory.app may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting on the Website; (2) for existing Users, thirty (30) days after the posting by the Company on the Website; or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after The Company sent an e-mail containing a notification of such modifications and the continued use of the Services by the User thereafter, which shall constitute the User’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are in the U.S. and thirteen (13) years of age or older, or in the EU and sixteen (16) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Authory.app Account (the “Account”) may be deleted without warning if we believe that you are in the U.S. and younger than sixteen (16) or in the EU and younger than sixteen (16).
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account under the “Account Management” function and end your membership at any time, for any reason without the need to contact the Company’s support team. The Company may terminate your membership at any time by notification to the email address in your account profile. Even after any termination, Sections 8 through 26 of this Agreement remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Authory.app profile information from our data repositories, as well as any text and images that you have uploaded to the Website using such Account. The Company will have no liability whatsoever to you for any termination of your Account or related deletion of your supplied text, images or other account data.
3. Fees. You acknowledge that the Company reserves the right to charge for publication Services and to revise those fees from time to time in its discretion, upon posting by the Company on the Website or within the App. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to the Company as set forth on the Website or in the App.
4. Conditions of sale.
4.1 Eligibility; Credit Card Terms. To order any Books, or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, or other issuer accepted by our payment partner) and associated payment information at the time you order Books, or any other products hereunder, including all of the following: (i) your name as it appears on the card; (ii) the credit card type; (iii) the date of expiration of your credit card; (iv) billing address; and (v) any activation numbers or codes needed to charge your card.
The Company currently does not accept cash, checks, or any other payment form, although in the future we may change this policy. Your credit card or debit card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before the Company invoices the credit card for all amounts due and payable. By providing The Company with your credit card number and associated payment information, you agree that the Company is authorized to immediately invoice your account for all fees and charges due and payable to the Company as a result of your purchase of any Books, or other products. You agree to immediately notify the Company of any change in your billing address or the credit card used for payment hereunder. The company reserves the right, at any time, to change its prices and billing methods for Books, or other products sold, either immediately upon posting on the Website or within the App, or by e-mail to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use, or value-added taxes, unless you provide the Company with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Book, Wall Art, or other product to your customers) at the rates in effect when the charges were incurred. The Company may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions where it deems it is required. When you order Books, or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books, or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as the Company has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have the Company deliver your Books, or other products to get more information. Please also be aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit or debit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: Authory-app Customer Service, 20-22 Wenlock Road, London N1 7GU. Alternatively you can contact us through the “Contact” page of the Authory.app website. If the Company does not receive payment from your credit or debit card issuer or its agent, you agree to pay all amounts due upon demand by the Company.
4.4 Returns. All sales of Books, and other products are subject to the Company’s return policies, as posted on the Website.
5. Order acceptance policy. Your receipt of an electronic invoice or other form of order confirmation does not signify the Company’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Authory reserves the right at any time after receipt of your order to accept or decline your order for any reason. Authory further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Authory upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Duties, Taxes, and Import Fees. Some countries may collect custom fees on our products and other imported merchandise. Due to the local customs-collection process this may result in a later delivery time than originally estimated within the Authory app and website. Any local duties, customs fees or taxes that apply must be paid by the recipient upon delivery.
7. Security of Account. When you sign up to become a Member on the Authory.app website, you will be asked to choose a username and a password. You are responsible for maintaining the confidentiality of your Username and password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify the Company immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
8. Your Books and Content.
8.1 Definitions. “Content” includes written text, designs, images, photos, works of your authorship, and other material. Your “Book Content” includes Content that you include in your own Books as an Author, contributions from other users you have received and also your own contributions to other Member’s books (as a “Contributor”) , that you submit to the Company’s Book printing services.
8.2 Ownership of Your Book Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Book Content, or for any other product that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Book, or any other product; and (ii) your Book Content, and/or Content to other books for any other product does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. This also applies to content submitted to you via your contributors you have invited to your account.
8.3 License. In order for the Company to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Book Content and/or other product content:
8.4 License to print your Books. You hereby grant to the Company a non-exclusive, worldwide, royalty-free license (a “License”) to reproduce and distribute your Book Content, for the purpose of printing the Books, either as an “Author” of that content or a “contributor” to other Author’s work. You agree that the Company reserves the right to maintain the electronic files for any Book(s) to fulfil any further orders which may be placed for such Book(s) and to maintain an archive copy of the printed Books, unless you close your account with the Company.
8.5 Submission of images and text. By submitting your text and/or images to a book as a contributor, you agree to assign copyright ownership to the Author of the book in perpetuity. Authory is not responsible for, nor will act as a mediator for alleged infringement of copyright.
9. Your Content and Activity. You are solely responsible for any and all Book Content, or content for other products, and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, or included in Books, or other products submitted by you for print services, and for your interactions with other Users. You agree that Authory retains the right to create limits on Authory’s archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
10. Prohibited Content. “Prohibited Content” includes Book Content, Content, other product content, or Other Content that is:
(a) is either offensive, pornographic, or promotes racism, hatred, or physical harm of any kind against any person or group or individuals;
(b) advocates stalking, bullying, or harassment, of another person;
(c) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”;
(d) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(e) promotes, reproduces, performs, or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files;
(f) is involved in the exploitation of persons under the age of eighteen (18) in any violent manner, or solicits personal information from anyone under eighteen (18) years of age;
(g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software;
(h) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination, and false advertising;
(1) involves commercial activities that are detrimental to the interests of the Company
(j) involves commercial activities or content that potentially harms the reputations of others, including but not limited to our distributors, as determined in the Company’s sole discretion; or
(k) otherwise violates this Agreement or creates liability for the Company. Such content prohibited from selling via third-party channels may include:
(l) summaries, workbooks, or similar content for which permission from the original author has not been obtained;
The Company and it’s printing partners reserve the right to not print or deliver any book that they deem unacceptable or offensive content, and you agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities, and expenses arising out of or relating to any breach of this section.
11. Your Profile. Any Content posted by you in your profile MAY NOT contain nudity, violence, sexually explicit, or otherwise offensive subject matter. You may not contribute or submit for print services a photograph of another person without that person’s permission. This especially applies when submitting content as a contributor to another person’s project or printed book.
11.1 Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send unwanted messages or harm another person, or in order to contact, advertise or try to sell to any User without their prior explicit consent.
11.2 Contributor Copyright. By submitting images to another Users’ project or printed book as part of the “Contributor function” you assert and give the Author complete and irrevocable assignment of copyright of that text and images to the author as part of their work.
11.3 No Disruption. You agree not to: (i) cover or obscure information that might be placed on your personal profile page, or any Authory.app page via software such as HTML/CSS, scripting, or other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
12. Miscellaneous. You will not attempt to impersonate another User or person, including any employee of the Company or its’ partners or connected companies. You will use the Services in a manner consistent with any and all applicable laws and regulations.
13. Enforcement by the Company. Authory.app has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of the Company violates this Agreement; for example, any Prohibited Content, is illegal, or violates the rights, harms, or threatens the safety of any User or any other person; or creates a liability for the Company, its suppliers, affiliates, partner companies, or any other User. The company reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
14. Copyright Policy. It is the Companies’ policy to close the account of any Member who infringes copyright upon notification to the Company by the copyright owner or the copyright owner’s agent. If you believe that your work has been copied and posted on the Services or used in any Book that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. Contact information for the Company’s Copyright Agent for notice of claims of copyright infringement is:
FAO Copyright affairs
Authory-app Ltd
20-22 Wenlock Road
London N1 7GU
Alternatively, you can email [email protected]
15. Third Parties and Other Users.
15.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because the Company does not manage external Content, you agree that the Company is not responsible for any such Content, including advertising and information about third party products or services. The Company makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and the Company assumes no responsibility for inaccurate, misleading, or unlawful Content made available by any Users, be they Authors, Contributors or third parties.
16. Limited Warranty.
16.1 Limited Warranty for Books or other products. The Company warrants that, subject to minor differences across products and printing partners as described in the Company’s return policies, Books will be free of any material defects in materials and workmanship. The Company will, at its own expense, agree to replace any materially defective Books which you report to us within fourteen (14) days of your receipt thereof in accordance with the Company’s Return Policy. This limited warranty does NOT apply to the Content itself, i.e. Post-production issues, such as spelling mistakes, images that are pixelated due to the original image resolution or formatting and placement created by the User.
16.2 Exceptions to Warranty. The Company does not proof, edit, or change any of the Content in the Books or other products that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, other errors such as grammar, unfinished text, spelling errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, colour, and page layout; or (d) any other creative choices that you make related to the Book, or other products.
YOUR BOOK CONTENT, AND ANY OTHER PRODUCT CONTENT CANNOT BE EDITED OR REVISED ONCE the “PUBLISH” button is pressed; this (as stated as part of the “Publish” function) is your confirmation that you accept that version to be the finalised version to be printed. Therefore, you agree that you will not submit Book Content unless it has been fully proofed and you, as the Author are completely satisfied that it is ready to be published. The Company is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Authors, Contributors, or by any of the equipment or programming associated with or utilised in the Services.
The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any User or User communication. The Company is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or the Authory desktop of mobile App or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or App or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
16.3 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS: (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 14.1 ABOVE; (B) THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
17. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, AUTHORY-APP LTD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
18. Release. You hereby release Authory-App Ltd, its’ employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
19. Indemnity. You agree to defend, indemnify, and hold Authory-app Ltd, its subsidiaries, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable Solicitors / Attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement
20. Electronic communications. The communications between you and the Company use electronic means, whether you visit the Website or App or otherwise use the Service or send the Company emails. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
21. U.S. Export Controls. Content and software available in connection with the Services (the “Software”) is further subject to United States export controls. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content and Software, you represent and warrant that such download or use is not in violation of any such law.
22. Relationship of Parties. You and the Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Book Content, or in your other products that would reasonably contradict anything in this section.
23. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any “act of God.”
24. Other. This Agreement is accepted upon your use of the Website or App or any of the Services or when you register to become a Member. This Agreement constitutes the final, exclusive agreement between you and the Company regarding the subject matter hereof and supersedes any prior discussions between the parties. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of the Company to enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language. Please contact us with any questions regarding this Agreement.
25. Copyright/Trademark Information. Copyright © 2023 Authory-App Ltd. All rights reserved. The trademarks, logos, and service marks (“Marks”) displayed on the Website and App or in connection with the Services are the property of Authory-App Ltd. You are not permitted to use these Marks without the prior written consent of the Company.
26. International Provisions. The following provisions shall apply only if you are located in the countries listed below.
26.1 United Kingdom. A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
26.2 Germany. Notwithstanding anything contrary in Section 15, the Company is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten)..