Terms and Conditions

Introduction

Welcome to CreateABookCover.com. CreateABookCover.com is an ebook cover creation site for site members and users to create ebook covers in simple steps to use with ebook publishers. If you choose to access or join CreateABookCover.com you agree to the terms and conditions set out in this agreement and linked to this agreement as detailed below. CreateABookCover.com is also referred to as “the site” within this agreement. Please read the following agreement carefully.

Privacy 

Our Privacy Policy also forms part of this agreement and provides details about our privacy practices. We comply with the General Data Protection Regulation (GDPR) with regard to registration information and personal information that members and site users provide to the site and treat member information in strict confidence.

Cover Creation

The CreateABookCover.com site is designed as a simple system for site members and users to create a cover on our online cover creator.

Our cover creation site meets all normal standard requirements for our ebook covers to be used with ebook publishers including the major ebook publishers. If for some reason a cover you create does not meet the requirements for use with a particular ebook publisher that you choose, for example should an ebook publisher requirements change or for any other reason, and you do not as a result publish our cover with that publisher or another publisher then you accept that the maximum we will refund you in any circumstances will be the amount you paid for the purchase of the cover on our site and no other amount. If you still decide to use the cover to publish with another publisher who accepts the cover for publication then you agree that a refund will not be made to you.

Membership and use of site

In respect of your use of our site or membership and use of and participation on the site, you agree and warrant that you will not breach any of the following terms:

(a)  breach any laws, engage in any misleading or fraudulent activity, or infringe or breach the copyright, contract rights, publicity rights, trade marks, trade secrets, privacy rights, intellectual property rights or any other rights of any other persons, organizations, third parties or other entities.

(b) post or create false, inaccurate, defamatory, illegal, misleading, misrepresentative or libellous content,  including related to any personal information and any content which could be injurious to any person(s), entity, business or organization(s).

(c)   post or distribute unsolicited spam or unsolicited bulk electronic communications

(d)  disseminate viruses or any other form of technology that may disrupt, harm or interfere with the site, or the property or interests of the site’s members, users, owners, hosting partners or staff

(e) Submit, send, add or post any content or material that may be abusive, offensive, defamatory,  indecent, menacing, objectionable, obscene or otherwise injurious to third parties

(f) create liability for the site or cause the site to lose in whole or in part the services of our Internet Service Providers, hosting partners, participating third parties or other suppliers

(g) impersonate any person, organization or entity, hold one or more accounts on site with a false or fabricated identity, or engage in misleading others in any way; or otherwise attempt to manipulate any aspect of the system and its services in a misleading or disruptive way

(h) copy, distribute or modify any of our content and images to resell.   Copy, distribute  or modify our site functions, services,  tools or our copyrights and trademarks

(i) fail to deliver payment for items purchased by you

(j) You agree to indemnify us against any legal actions and costs or other costs that we may incur as a consequence of your infringing any of the above warranties. You accept that we reserve the right not to display or publish content submitted to the site and that we reserve the right to terminate your membership if you infringe any of the above terms. You accept and agree that we have the right to remove content you have submitted to the site if we believe in our opinion that you have infringed or broken any terms of this agreement or infringed or broken the above warranties; and, or, if we believe in our opinion that you are taking or have taken any actions which may be damaging to the site or its reputation, or which is causing difficulties for other members to an extent that we believe it is untenable for your content to be displayed or uploaded on the site, or for you to remain as a member, user or participant on the site. 

(l) You agree that if any of your content is cancelled, suspended or removed by us from the site due to your infringing the copyright or other rights of others as outlined above, or if we otherwise terminate your membership or use of the site as outlined above,  that no payments will be made to you and you accept that we will not be liable to make any payment to you or any other third party if we decide to take these actions.

(m) You accept that we reserve the right to limit or terminate your use of activities on our site if we consider in our sole opinion and at our discretion that any of the above terms have been breached, or if we think that this will reduce our site’s, users or other participating parties exposure to financial or other liabilities and difficulties, and you accept that we can otherwise suspend or terminate your use of activities on our site at our discretion and for any reason as we deem fit.   We reserve the right to limit or cancel accounts that have been inactive for a long period including the content on those accounts. You agree not to hold the site or site owners, partners or staff responsible, including legally, financially or otherwise, for any loss you may incur as a result of the site taking any of these actions as outlined in this agreement.

(n) You accept we reserve the right to cancel memberships, content and covers where we deem the content breaches the above terms, or for any other reason in our sole judgement and discretion, and you accept the maximum we may refund you in such circumstances is any payment you have made to the site for an ebook cover.

(o) You agree not to hold the site including our company, site owners, parent company, partners, subsidiaries, affiliates, programmers, hosting companies, third parties, directors, agents, staff or other associated parties responsible either legally or financially for any loss you may incur as a result of the site taking any of the actions described above.

Communications and Notifications

Members choose whether to receive site news and marketing emails when joining the site. You agree that you are responsible for setting and updating your site notification preferences so that we may communicate with you by the communication preferences you set via your member account page on site. If you do or do not wish to receive communications from the site, or if you want to update your contact details and preferences, then you agree that the site does not edit these preferences for you as the site enables you to edit your details and communications preferences from your My Account page where you can choose to receive or not receive site communications. You accept by using the site that we do not update mailing and communication preference or detail update  requests sent to us by members by email or other methods as details can only be updated by members themselves as each member’s details are private to that member, and as the site is a self-enabling and self-service site one with the tools for members to update their own information and communication preferences on site.

Copyright claims

If you believe that your intellectual property has been infringed on the site by a member posting content to the site or for any other reason then you should contact us by the function to contact us via the site homepage. You must provide full details about the content you believe infringes your rights or the rights of others, including links as to where the image in question is located on the site, and applicable evidence to support your claims, such as any dated evidence and other applicable evidence or supporting links from the internet.  You agree not to hold the site responsible legally or financially if site members or other parties of their own accord try to breach your copyright on site.

Cover Creation Self-Enabling Tools

The site is a self-service one with all the simple steps to create a cover on the cover creation page and in our FAQs, and you agree by using the site that it is a self-service cover creation process, and that accordingly personal assistance or a personal response system by email or other response is not provided to create covers as all the information on how to create a cover is contained on the simple cover creation page with easy to use steps and site FAQs.

Content Display

Our site may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the site, or create any derivative works or programs based on site content.

Template covers

The site uses template covers provided by a range of artists and designers. By using our site and if you create and purchase a template cover for your ebook then you accept that our site template covers can be used by one or more other site members for their ebook covers and that any template cover that you may choose is available for other members to create and add their own book details to for purchase and for use with their own ebook and ebook publisher(s).

Cover Fonts and Open License Agreement
The site’s cover creator fonts include some cover typeface fonts from Google open source fonts in order to enable you increased choice of fonts for your cover creation. Google open source fonts enable you to use the cover you create with their fonts for use with ebook publishers. By using Google open source fonts on our cover creator site Google requires that we post the following Google open source fonts agreement and that you agree to the following Google open source fonts agreement as outlined below in your use of any Google open source fonts on that cover that you create.
 
SIL OPEN FONT LICENSE

PREAMBLE

The goals of the Open Font License (OFL) are to stimulate worldwide
development of collaborative font projects, to support the font creation
efforts of academic and linguistic communities, and to provide a free and
open framework in which fonts may be shared and improved in partnership
with others.

The OFL allows the licensed fonts to be used, studied, modified and
redistributed freely as long as they are not sold by themselves. The
fonts, including any derivative works, can be bundled, embedded,
redistributed and/or sold with any software provided that any reserved
names are not used by derivative works. The fonts and derivatives,
however, cannot be released under any other type of license. The
requirement for fonts to remain under this license does not apply
to any document created using the fonts or their derivatives.

DEFINITIONS

"Font Software" refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may
include source files, build scripts and documentation.

"Reserved Font Name" refers to any names specified as such after the
copyright statement(s).

"Original Version" refers to the collection of Font Software components as
distributed by the Copyright Holder(s).

"Modified Version" refers to any derivative made by adding to, deleting,
or substituting — in part or in whole — any of the components of the
Original Version, by changing formats or by porting the Font Software to a
new environment.

"Author" refers to any designer, engineer, programmer, technical
writer or other person who contributed to the Font Software.

PERMISSION & CONDITIONS

Permission is hereby granted, free of charge, to any person obtaining
a copy of the Font Software, to use, study, copy, merge, embed, modify,
redistribute, and sell modified and unmodified copies of the Font
Software, subject to the following conditions:

1) Neither the Font Software nor any of its individual components,
in Original or Modified Versions, may be sold by itself.

2) Original or Modified Versions of the Font Software may be bundled,
redistributed and/or sold with any software, provided that each copy
contains the above copyright notice and this license. These can be
included either as stand-alone text files, human-readable headers or
in the appropriate machine-readable metadata fields within text or
binary files as long as those fields can be easily viewed by the user.

3) No Modified Version of the Font Software may use the Reserved Font
Name(s) unless explicit written permission is granted by the corresponding
Copyright Holder. This restriction only applies to the primary font name as
presented to the users.

4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font
Software shall not be used to promote, endorse or advertise any
Modified Version, except to acknowledge the contribution(s) of the
Copyright Holder(s) and the Author(s) or with their explicit written
permission.

5) The Font Software, modified or unmodified, in part or in whole,
must be distributed entirely under this license, and must not be
distributed under any other license. The requirement for fonts to
remain under this license does not apply to any document created
using the Font Software.

TERMINATION

This license becomes null and void if any of the above conditions are
not met.

DISCLAIMER

THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.

Links to third party websites

If you use or visit any third party links on our site then by choosing to do so you leave the site. You accept that we do not control, endorse and are not responsible for third party websites. If you decide to access any of the third party websites linked to the site then you accept that you do so entirely at your own risk and that it is your responsibility to exercise due caution and care when accessing and using third party websites and services. If you choose to view or purchase any design or other content through third party websites you accept that they are separate companies from our site and agree we are not responsible, including legally, financially or otherwise, for any purchases you make through other sites, companies, or individuals, or any other interaction you choose to make with other sites, companies, third parties or individuals. You accept that you are responsible for looking at other third party sites, companies, businesses or individuals’ terms and conditions and privacy terms relating to use of their sites and businesses and related to sale and purchases from their sites and businesses. 

You may link to our site, subject to the following term:  you should not explicitly or implicitly imply that we endorse any consumer or other services, products or business that are not our own products, site, business or services; you should not mislead or misrepresent your relationship with us or present any other misleading or false information with regard to our site or services. You agree to indemnify us for any legal claims that result from your breaking this clause.

Cover Template Designs

Please note all template cover images that we use are provided in good faith by the image designer providers that they are provided without any copyright issues. If any template cover image is ever found to have a copyright issue then the site agrees, as long as you provide adequate proof of the copyright issue, to refund the cost you paid for the cover on our site. You agree in these circumstances that we will not be liable either legally or financially for any other financial payment or any other recompense of any kind to you or any applicable third party.

Cancellation of your account

If you wish to cancel your account membership then you agree to complete this via the cancellation button on your My Account page. If you want to download any covers you have created and purchased you accept that you agree to do this before canceling your account and accept that covers you have purchased will not be accessible by you after you cancel your account. You agree that we will not be liable to you including legally or financially after you have cancelled your account if you do not download any covers that you created and purchased that you want to keep access to before you cancelled your account.

You also accept that if you choose to cancel your account all your account details including your details, purchased covers, orders and receipts and all other account details are removed permanently, and you accept and agree we will not be able to answers any queries about your removed account or be liable to you including legally or financially for any and all removed account details and content accordingly.

Prices on site

Prices on site are as listed on site at any given time, and different covers may have different pricing. The site’s aim is always to operate a reasonably priced site and service and to enable a simple ebook cover creation service.

Liability

You accept that we, and any other party, whether or not involved in creating, producing, maintaining, programming, hosting or delivering the site and site services,  do not guarantee continuous or secure access to our services, and that operation of our site may be interfered with by unpredictable events or factors outside of our control. Though we make reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties whether express or implied about the availability of our site and services. You accept that we, including our parent, owners, subsidiaries, affiliates, programmers, developers, third parties, directors, agents, hosting company, employees and other associated parties shall not be liable to you in contract, tort, including negligence or otherwise for any business losses, including, but not limited to, loss of data, revenue, profits,  opportunity, work, business,  goodwill, reputation or business interruption or for any other losses as a result of your use of the site, or your inability to use our sites and services. You accept that we are not liable to you, legally or financially, if for some reason you are unable to access our site and use our services.

You agree not to hold the site responsible for any loss you may incur as a result of the site taking any of the actions described in this agreement.

You agree to accept sole responsibility for the legality of your actions under laws which are applicable to you with regard to your use of the site and any content you create.

Publicity

You agree that we may use quotes, reviews, and feedback that you may provide to the site, including your feedback to us about our services, cover template designs, reader feedback or any other feedback about our site or other site content or aspects of our site for promotional purposes. This assists us to continue to further improve and grow the site and its services.

No agency

No agency, joint venture, partnership, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Site Access

You agree that you will not use any automated means including robot, spider, scraper or other technologies to access our site for any purpose without our express permission, and agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

You agree not to:

- copy, modify, or create derivative works of our site content including cover template designs, or copies of the site and functions, or distribute or publicly display any content from our site without permission

- take any action that imposes, or that in our opinion and discretion could impose, an disproportionately large or unreasonable load on our site and infrastructure

 - disrupt or attempt to otherwise interfere with the function and working of the site and any activities conducted on the site.

Compensation

You agree that you will only use our sites and services in accordance with this agreement. You agree you will compensate us in full, and our directors, site owners,  agents, subsidiaries, participating third parties, programmers, hosting company, developers, joint ventures and employee,  for any costs or losses, including reasonable legal expenses and fees we incur as a result of any copyright infringement by you, or arising out of any breach by you of this agreement, or other violation or breach of law or rights of a third party.

Release

In the event of any dispute you may have with one or more other site users or members or other third parties, you release us, and our directors, site owners, programmers, associated third parties, developers, affiliates, agents, subsidiaries, other partner companies, joint ventures, hosting company, users and employees, from any and all financial or legal claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Amendments  

You accept we may amend this Agreement at any time by updating the agreement on site or alternatively by email or other communication to you. All amended terms shall automatically be effective and applicable to you if you wish to continue using the site. You accept we may revise any and all sites processes that members use on site, and our content on site. You accept any aforementioned updating to the user agreement, terms, content or processes of the site will take immediate effect upon addition to the site or site agreement and terms. If you decide to continue to use our site then you accept the agreement and terms of the site and any amendments that we may make to its terms from time to time.  If you do not agree to the site agreement terms or any amendments then you should discontinue use of the site and any applicable site services you use.

General

If any provision of this Agreement is held to be unenforceable or invalid, the provision shall be struck out and the remaining provisions shall remain and be enforced.

If we do not act with respect to a breach of this agreement by you or others then it does not waive our right to act with respect to subsequent or similar breaches. You accept that we do not guarantee and are not obligated to take action against all breaches of this agreement.

You accept that in our sole discretion, we may transfer our rights and obligations, also known as “assign”, under this agreement without your prior express consent, provided that we assign the agreement on the same terms or terms that are no less advantageous to you. 

Any claim, matter or dispute arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and the site both agree to submit to the non-exclusive jurisdiction of the English Courts.