This document constitutes Mystical Night Media, LLC and its services Agreement (“Agreement”) between you and Mystical Night Media, LLC, (referred to in this Agreement as “us,” “we,” “I,” and “Mystical Night Media, LLC”).
This Agreement contains the terms and conditions under which Mystical Night Media, LLC offers and provides certain services (the “Services”) through the Mystical Night Media, LLC website (mysticalnight.media) or through other websites and services operated by or on behalf of Mystical Night Media, LLC and its Licensees (as defined below). By indicating acceptance to this Agreement or by using the services, including through the submission of materials for services, Mystical Night Media, LLC (whether by upload to the Website or through the submission of physical embodiments of your material to Mystical Night Media, LLC, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference.
THIS AGREEMENT CREATES A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND Mystical Night Media, LLC, WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS THE AUTHORIZED REPRESENTATIVE FOR AN AUTHOR, WRITER, PUBLISHER, OR CORPORATION, IN WHICH CASE “YOU” SHALL REFER TO THE AUTHOR, WRITER, PUBLISHER, OR CORPORATION ON WHOSE BEHALF YOU ARE ACTING AND AUTHORIZED TO ACT. THEREFORE, PLEASE READ THIS AGREEMENT CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS BEFORE USING THE SERVICES OR OTHERWISE ACCEPTING THIS AGREEMENT.
Mystical Night Media, LLC reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting a change notice or a new agreement on the site. In the event of material changes to the terms of this Agreement, Mystical Night Media, LLC will send you a notice by email or by such other means Mystical Night Media, LLC deems appropriate at Mystical Night Media, LLC sole discretion. If any modification is unacceptable to you, your only recourse is to terminate your account and discontinue Mystical Night Media, LLC services. Your continued use of Mystical Night Media, LLC services, following the posting of a change notice or new agreement on the site or otherwise sending you a notice, or your failure to notify the editor, graphic designer within seven (7) days of the date Mystical Night Media, LLC provided such notice, will constitute your binding acceptance of the changes.
Notwithstanding the preceding sentence, no modifications to this Agreement will apply to any dispute between you and Mystical Night Media, LLC that arose prior to the date of such modification.
Mystical Night Media, LLC creates one-of-a-kind book covers for authors. Mystical Night Media, LLC offers editing services. These Terms govern your use of Mystical Night Media, LLC services and products, except where Mystical Night Media, LLC expressly state that separate terms (and not these terms) apply.
Mystical Night Media, LLC does not sell your private information or share information that directly identifies you. All full names, pen names, email addresses, phone numbers, street addresses, purchasing data, and other information will remain confidential.
Mystical Night Media, LLC does not share covers, manuscripts, teasers, or images of completed works unless or until you expressly give permission.
Mystical Night Media, LLC does not release source files under any circumstances, unless by court order.
Mystical Night Media, LLC is not responsible for finding an audiobook narrator, providing original photography, or any other services beyond what is expressly stated in these Terms.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Terms
By accessing the website https://mysticalnightmediallc.wordpress.com/, you agree to be bound by these terms of service, all applicable laws, and regulations. You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
You are responsible for maintaining a valid -e-mail address.
Use of the Site and Services.
To use Mystical Night Media, LLC, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Individuals under the age of 18 are prohibited from using Mystical Night Media, LLC. If an individual signs up and is underage, Mystical Night Media, LLC will not be held responsible for the individual. Information provided on the site and the services related to writing and other information are subject to change. The Mystical Night Media, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Mystical Night Media, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Product Description
Mystical Night Media, LLC endeavors to describe and display the service(s) as accurately as possible. While Mystical Night Media, LLC, tries to explain the service(s) as clear as possible, please do not accept that the site is entirely accurate, current, or error-free. From time to time, Mystical Night Media, LLC may correct errors in pricing and descriptions. Mystical Night Media, LLC reserves the right to refuse or cancel any order with an incorrect price listing.
The materials appearing on Mystical Night Media, LLC’s website could include technical, typographical, or photographic errors. Mystical Night Media, LLC does not warrant that any of the website’s materials are accurate, complete, or current. If you have purchased a book cover and find a photographic error, please alert Mystical Night Media, LLC, I will determine how best to resolve the issue.
Mystical Night Media, LLC may make changes to the materials contained on its website at any time without notice. However, Mystical Night Media, LLC does not make any commitment to update the materials.
Account Creations
To use the services, you may be required to provide information about yourself, including your name, email address, username, and other personal information. You agree that any registration information you give to Mystical Night Media, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the services, violate any laws in your jurisdiction.
Lawful Purposes
You may use Mystical Night Media, LLC, and its services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Mystical Night Media, LLC site(s). You agree to use the Mystical Night Media, LLC site(s) and purchase services or products through Mystical Night Media, LLC for legitimate, non-commercial, or commercial purposes only. You shall not post or transmit through the site(s) any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service(s)
The services are offered subject to Mystical Night Media, LLC’s acceptance of your order or requests. Mystical Night Media, LLC reserves the right to refuse service to any order, person, or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by Mystical Night Media, LLC until payment has been processed. Mystical Night Media, LLC may at any time change or discontinue any aspect or feature of the site or service(s), subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Order of Confirmation
Mystical Night Media, LLC, will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Calculations, Refunds, and Returns
Because of the nature of the services and products provided by Mystical Night Media, LLC, there are no refunds or returns. If you wish to cancel, you will be charged for work completed and may be charged a cancellation fee.
Material You Submit to the Site.
You shall not upload, post, or otherwise make available on the site any artwork, photos, or other materials protected by copyright, trademark, or other proprietary rights without the express written permission from the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any materials are not so protected rests entirely with you. You shall be liable for any damage resulting from copyright infringement, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all materials submitted by you to the site, you automatically represent or warrant that you have the authority to use and distribute the materials. The use or display of the materials will not violate any laws, rules, regulations, or third parties’ rights.
Our Intellectual Property
Mystical Night Media, LLC contains intellectual property owned by Mystical Night Media, LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the site(s) or service(s).
Content or intellectual property, in whole or in part, without our prior written consent. Mystical Night Media, LLC reserves the right to immediately remove you from their service without a refund. If you are caught violating this intellectual property policy, Mystical Night Media, LLC may require a form of payment from you for using the images illegally.
You must give credit to Mystical Night Media, LLC or T.L. Hicks for book covers and/or editing services.
Limitation of Liability
You agree that under no circumstances shall Mystical Night Media, LLC be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of Mystical Night Media, LLC’s site and services.
Mystical Night Media, LLC is not liable for damages in connection with:
- Any failure of performance, error, omission, denial of service, attack interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure.
- Loss of revenue, anticipated profits, business, savings, goodwill, or data.
- Third-Party Theft of, destruction of, unauthorized access to, alteration of, or use of your information or property regardless of Mystical Night Media, LLC negligence, gross negligence, failure of an essential purpose, and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if the Mystical Night Media, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, Mystical Night Media, LLC liability is limited to the fullest possible extent permitted by law. In no event shall the Mystical Night Media, LLC cumulative liability to you exceed the total purchase price of the service you have purchased from Mystical Night Media, LLC. If you have made no purchase, Mystical Night Media, LLC’s cumulative liability shall owe you nothing. In case of fraud, please reach out to your bank and put a hold on your account until your or your bank resolves the issue.
Third-Party Resources
Mystical Night Media, LLC contains links to third-party websites and resources. You acknowledge and agree that Mystical Night Media, LLC is not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Mystical Night Media, LLC. You acknowledge sole responsibility for and assume all risk arising from using any such websites or resources.
Indemnification
You shall indemnify and hold Mystical Night Media, LLC harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the site(s) or service(s). You shall provide Mystical Night Media, LLC with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing Mystical Night Media, LLC with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
Enter Agreement: Waiver.
This Agreement constitutes the entire agreement between you and Mystical Night Media, LLC pertaining to the site(s) and service(s) and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Mystical Night Media, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mystical Night Media, LLC.
Governing Law: Venue: Mediation.
This Agreement shall be construed in accordance with, and governed by, the laws of Illinois as applied to contracts that are executed and performed entirely in Illinois. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Princeton, Illinois. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Use License
Once the final cover is emailed to you, please keep it in a safe place. Permission is granted to you to use unlimited copies of your book cover purchased on Mystical Night Media, LLC’s website. If you need the cover emailed to you again, there is a $10.00 fee.
Under this license you MAY NOT:
- Modify the book cover in any way.
- Attempt to decompile or reverse engineer any software contained on Mystical Night Media, LLC’s website.
- Remove any copyright or other proprietary notations from the materials.
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mystical Night Media, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
Disclaimer
The materials on Mystical Night Media, LLC’s website are provided on an ‘as is’ basis. Mystical Night Media, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability. Mystical Night Media, LLC does not guarantee that the format of the book covers will work for all book publishing platforms. But, should work on Amazon.
Links
Mystical Night Media, LLC has not reviewed all the sites linked to its website and is not responsible for any such linked site’s contents. The inclusion of any link does not imply endorsement by Mystical Night Media, LLC of the site. Use of any such linked website is at the user’s own risk.
Copyright 2022 Mystical Night Media, LLC 