Empowered Publishing operates the www.oceanreevepublishing.com website, which provides book publishing and marketing services.
This page is used to inform website visitors regarding our privacy policiy with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the Empowered Publishing website.
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We may employ third-party companies and individuals due to the following reasons:
To facilitate our Service;
To provide the Service on our behalf;
To perform Service-related services; or
To assist us in analyzing how our Service is used.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
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Terms & Conditions – Empowered Publishing
Article 1 Definitions
Empowered Publishing– a company who facilitates individual persons and legal entities in publishing and selling books directly to readers
Author – individual person or legal entity who publishes books via Empowered Publishing for personal and/or business purposes
Reviewer – individual person or legal entity who reviews manuscripts for authors
Customer – anyone who visits Empowered Publishing, including Author and Reviewer
Services – functionalities and services offered by Empowered Publishing to the Customer
Products (and goods) – products offered by Empowered Publishing, mainly books, audio books, e-books, marketing services
Register – filling in an online or physical form with name, email and/or password, in order to facilitate publishing, marketing and/or mentoring services at Empowered Publishing
Account – registered access to the website of Empowered Publishing
Profile – personal information about the Author; only part is public information, such as the author’s name and picture
Publishing – going through the assisted independent publishing process in order to publish a book
Marketing and Sales – a combination of activities in order to stimulate the sales of Author’s books
Author Website – the personal website offered to the Author by Empowered Publishing, used to communicate with the outer world and for selling books
Affiliate – website promoting and selling books from the Author, via a link with Empowered Publishing and/or the Author’s website
Shop – the online bookstore of Empowered Publishing
Article 2 Identity of Empowered Publishing
Article 3 Applicability
3.1 These General Conditions apply to all Customers of Empowered Publishing. For Authors and Reviewers, specific additional conditions apply.
3.2 Before a Customer starts using the Products and Services of Empowered Publishing he/she is expected to review the general terms and conditions.
3.3 Authors who contract Empowered Publishing agree to the general terms and conditions before they start the process with Empowered Publishing.
3.4 Customers can download a copy of the general terms and conditions from the website of Empowered Publishing at all times.
Article 4 Services of Empowered Publishing
4.1 General – Empowered Publishing is an assisted independent publishing company that offers Authors the opportunity to publish their books to industry standards. Empowered Publishing supports Authors in the publishing of books and marketing and sales thereof. Customers can buy books at Empowered Publishing via the Shop or via the website of the Author. Ordered books will be delivered to the address supplied by the Customer in the case of Author activating Distribution Agreement.
4.2 Publishing – In order to publish a book the Author must complete the six publishing steps of Empowered Publishing.
4.3 Marketing and Sales – Empowered Publishing offers the Author a series of promotional and marketing services.
4.4 Shop – Empowered Publishing owns a webshop wherein all Author’s books will be displayed and offered for sale to Customers in the case of Author activating Distribution Agreement.
4.5 Other services – Services offered by Empowered Publishing that are not specifically mentioned in the general terms and conditions, also are ruled by the general terms and conditions.
Article 5 Specific Conditions Applying to the Author
5.1 The Author will not use racist, hatred arousing, discriminating or insulting texts or phrases in his publications. The Author will not plagiarise texts from others in his/her publications.
5.2 The Author will not misuse the (community) facilities of Empowered Publishing in the sense of placing negative, hatred arousing texts. Empowered Publishing retains the right to remove books and inactivate the Author’s account at Empowered Publishing’s sole discretion, should such an event occur.
5.3 The Author is responsible for the contents of the book. Empowered Publishing facilitates the publication thereof. Should (legal) action occur against books from the Author, the Author must respond and is fully responsible. The Author indemnifies Empowered Publishing for any claims or damage that may occur due to the publication of his book(s). The Author will not claim compensation from Empowered Publishing in any form. Should Empowered Publishing suffer any damage, including legal costs, the Author is required to reimburse Empowered Publishing. Furthermore, you warrant as follows:
(a) That the Contribution/Manuscript is your original work;
(b) That it contains no matter which is defamatory or is otherwise unlawful or which invades rights of privacy or publicity or infringes any proprietary right (including copyright);
(c) That you have the right to this copyright and no portion of the copyright to the contribution has been assigned previously; and
(d) That the contribution/manuscript has not been published elsewhere in whole or in part and that no agreement to publish is outstanding other than this agreement. You agree to indemnify and hold the publishing house, its editors and staff and affiliate organisations harmless against any claim arising from or related to the breach or inaccuracy of any of the warranties listed above.
(e) You agree to meet requirements for publication communicated to you by the editors. It is your responsibility to determine whether the contribution/manuscript includes material that requires written permission for publication, including any material – written or visual, endorsements or statements that are supplementary or ancillary to the contribution/manuscript; to obtain such permission, at your own expense, from the copyright owner; and to submit that permission to the editors with the manuscript and
5.4 The Author will not hold Empowered Publishing responsible for malfunction of services offered by Empowered Publishing. The Author will not take any legal action against Empowered Publishing, should malfunction of said services occur.
5.5 The Author will not publish a book at Empowered Publishing when the Author does not fully own the copyright of the contents, for example, if the copyright of all or part of the contents is owned by a third party. Should the Author publish such a book, they will indemnify Empowered Publishing for any consequences and the Author will be held fully responsible and accountable for all matters resulting therefrom.
5.6 Should the Author detect malfunctions in the publishing process or book production services offered by Empowered Publishing, the Author shall notify Empowered Publishing immediately, by email.
5.7 The Author permits Empowered Publishing to use their book(s) and information about the Author for promotional activities. In such cases, Empowered Publishing is allowed to use widgets, social networks, press releases, forums and blogs, tell-a-friend functionalities and to cooperate with business partners of Empowered Publishing.
5.8 The Author is allowed to refer to Empowered Publishing in regard to their book(s), as long as the Author does not damage the reputation of Empowered Publishing, nor infringes upon the intellectual property rights of Empowered Publishing.
5.9 Empowered Publishing is entitled to deactivate the account of the Author and stop the sales of his/her books if the Author at any time does not comply with the rules specified in the general terms and conditions. Empowered Publishing does not bear any responsibility, nor can be held accountable for any damage, directly or indirectly, by the Author, should such an incident occur.
Article 6 Copyrights, Publication Rights, Reproduction Rights, Refunds and Intellectual Property Rights
6.1 The Author always holds the copyright, as is regulated by law.
6.2 The Author remains in control of all files submitted and produced through Empowered Publishing and legally owns all material produced.
6.3 The Author is entitled to leave Empowered Publishing at any time and at the Author’s convenience. In such a case Empowered Publishing will return all material submitted by the Author and delete any electronic files or references related to the Author’s work. In the event of an Author withdrawing from services agreed to supply by Empowered Publishing the following refund policy applies; 7 day cooling off period in which after this point, no refund is required to be issued. If Empowered Publishing deems it fair and just to issue any refund 2.6% of the total invoice is deducted for admin fees and cancellation (can be up to 10% if the date from service agreement beginning and cancellation date is over six months). a; if book/product publishing services agreed has been completed, no refund will be issued. If book/product publishing services have yet to be completed but is underway, costs to the discretion of Empowered Publishing will be deducted and the balance remaining refunded to the Author (the percentage of refund, in this case, will not exceed 25% of the invoiced price.) If marketing services/products have been completed or are underway, no refund is entitled. If Book Marketing Mentorship and Writing Mentorship programs are underway and Session Two (Book Marketing Mentorship) and Session One (Writing Mentorship) has been concluded in either program, no refund is entitled. If Session One (Book Marketing Mentorship) has been concluded only, 25% of the invoiced price will be refunded at Empowered Publishing’s discretion. If no sessions have been concluded or started, full refund of the invoice will be made. If services and/or products have been produced to a sub-standard quality as per agreed by the Author and Empowered Publishing – costs to the discretion of Empowered Publishing will be deducted and balance remaining refunded to the Author (the percentage of refund, in this case, will not exceed 25% of the invoiced price.) NOTE: Any discounted offers and special promotions are void of any refund if the Author chooses to discontinue after the 30 day cooling off period.
6.4 The website and material provided within mentorship and co-authored programs of Empowered Publishing, its functionality and content of the all (excluding manuscripts and book files) are the intellectual property of Empowered Publishing and therefore are protected by copyright. Customers are not allowed to copy the website, programs or any portion thereof and/or publish them for other purposes than stated in the general terms and conditions, unless Empowered Publishing has given permission in writing beforehand.
Article 7 Purchase of Services and Products at Empowered Publishing
7.1 The Reviewer must have an Account at Empowered Publishing and must agree with the General Conditions.
7.1 Empowered Publishing will take the utmost care in fulfilment of orders concerning Services and Products. Empowered Publishing cooperates with trusted, accredited third parties, among others in the areas of reviewing, editorial, design and layout, payment systems, printing, and distribution.
7.2 Prices for Services and Products offered on the website and in the shop are GST inclusive but exclude postage and packaging costs (if applicable). The latter costs will be shown before the Customer completes the purchase.
7.3 Prices for Services and Products offered by Empowered Publishing are subject to change.
7.4 Payment methods are displayed on the invoices provided. Payment for all Services and Products must be made as stated on the invoice.
7.5 Displayed delivery times are estimations. No claim can be made due to delivery outside these estimates.
7.6 The delivery address is the address given by the Customer.
7.7 After having purchased services from Empowered Publishing the Customer is entitled, without clarification, to nullify his/her purchase within fourteen days of the agreement. Empowered Publishing appreciates knowing why the Customer cancelled a purchase and asks him/her kindly to explain. This does not apply to Services provided and delivered. The Customer is obliged to check all goods upon delivery. If the Product is not to the Customer’s satisfaction, the Customer must notify Empowered Publishing in writing via email, within fourteen days after the delivery date. If that date has passed, the Customer is deemed to have accepted his/her order.
7.8 Empowered Publishing accepts returns when they have been sent within 14 days of delivery and if they are accompanied by a copy of the invoice and/or the original shipping notice. Each book must be undamaged and returned in the original packaging. Return costs are borne by the Customer.
7.9 In cases of force majeure Empowered Publishing is entitled to suspend delivery or nullify the order, without judicial interference. Should such a case appear, Empowered Publishing will notify you in writing per email and will not accept any claims for compensation.
7.10 If the Customer is not satisfied with the goods or services delivered, he/she may contact Empowered Publishing via email.
Article 8 Liability
8.1 Empowered Publishing has built its website carefully and with the utmost integrity. Empowered Publishing takes a serious effort to prevent incorrectness on its website (especially unlawful and criminal information) and to conform to the norms and values of Empowered Publishing.
8.2 When Customers register with Empowered Publishing they must complete certain data to acquire an account. Empowered Publishing is not liable nor can it be held accountable for the correctness of this data. The responsibility thereof is borne solely by the Customer.
8.3 Empowered Publishing is not liable nor can be held accountable for the access to or information on any other website that is linked to the website of Empowered Publishing.
8.4 Empowered Publishing is not liable nor can be held accountable for direct and/or indirect damage that may occur to the Customer regarding publishing books or published books by the Customer at Empowered Publishing.
Article 9 Privacy of Personal Information
9.1 Empowered Publishing processes and stores personal information as a consequence of the services it offers. This information is stored in conformation with legal requirements, which may differ per country.
9.2 Empowered Publishing acknowledges a Privacy Statement wherein is stated how Empowered Publishing takes care of personal information. The Privacy Statement is an integral part of the terms and conditions.
Article 10 Notice & Take Down (NTD)
10.1 Empowered Publishing follows the international behaviour code Notice & Take Down (NTD).
10.2 Any customer is entitled to file a complaint regarding (supposed) unlawful and/or criminal contents on the website of Empowered Publishing, with the request to remove such contents from that website.
10.3 When filing the complaint the Customer must inform Empowered Publishing correctly and completely, including but not limited to the following:
Contact information of the Customer.
Information Empowered Publishing needs to check the specified content; the URL where this information can be found.
A description explaining why the contents are unlawful and/or criminal according to the Customer, or an explanation of why these contents may conflict with criteria published by Empowered Publishing regarding unwanted contents.
10.4 Empowered Publishing will judge the complaint within two weeks after having received it, after which Empowered Publishing will contact the Customer. Dependent upon a preliminary quick scan, the following actions may be taken:
Empowered Publishing contacts the Author of the content and agrees with the Author how to take care of the matter. Empowered Publishing then contacts the Customer.
Empowered Publishing requests the Author to contact the Customer (for which the Customer has to give permission first), with the aim that Author and Customer can mutually agree on a solution. Empowered Publishing will act as mediator.
Empowered Publishing removes the contents when it is clear that the complaint was just. Author and Customer will then be informed.
Empowered Publishing will take no action, of which the Customer will be informed.
10.5 Announcements involving a search warrant regarding a criminal offense will be verified by Empowered Publishing at the applicable official institution.
Article 11 Final Statements
11.1 These General Conditions apply to each Customer of the software and services offered by Empowered Publishing. Questions regarding the general terms and conditions can be sent by email to: firstname.lastname@example.org
11.2 Empowered Publishing may amend the general terms and conditions at any time, in its sole discretion. Empowered Publishing will always display the most recent version of the general terms and conditions on its website.
11.3 Should one or more articles (or subarticles) of these general terms and conditions be terminated or nullified at any moment in time, the remaining articles (and subarticles) will still fully apply.
11.4 These general terms and conditions are governed by and construed and enforced in accordance with the laws of Australia. Should conflicts arise between Customer and Empowered Publishing, they will first attempt to come to an arrangement between themselves. Should a conflict not be settled in this way, then the courts of Australia shall have exclusive venue and jurisdiction over any disputes that arise.