Usage of any of the Books Butterfly Services constitutes acceptance of
1) The following Terms & Conditions on this page – https://booksbutterfly.com/bookpromotion/bookmarketing/package-terms/
2) All Terms & Conditions specific to your package and emailed to you
3) All Terms & Conditions listed on this page - https://booksbutterfly.com/bookpromotion/bookmarketing/terms/
If you do not agree with any of the Terms listed below, or with any of the terms we email you, then please DO NOT use Books Butterfly Book Services and Packages. Usage of the Books Butterfly Services and Packages constitutes acceptance of the Terms of Service listed on this page, acceptance of the Terms of Service listed on the
Books Butterfly Terms Page, and also acceptance of the Terms & Conditions specific to your package which we email you.
***Terms & Conditions for Use of Books Butterfly Products and Services***
Disclaimer/Limitation of Liability
1. You, the user, acknowledge that the Books Butterfly Products and Packages and Services may not be free from defects and may not satisfy all of your, the user's, needs. In no event will 7 Dragons, Books Butterfly, or any of their subsidiaries or affiliates, be liable for direct, indirect, incidental or consequential damage or damages resulting from any errors in the Books Butterfly Products and Packages and Services, including but not limited to App errors, App Store errors, website errors, website host errors, Twitter errors, Twitter suspensions, Email List errors, Email List Provider errors, price errors, app errors, software errors, wrong links being listed, wrong prices being shown, books being missed, site unavailability, email newsletter failure, blog unavailability, app unavailability, stops or gaps in the services and products, stops or gaps in app and website building, and other errors or service interruptions.
2. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE Books Butterfly Products and Packages and Services ARE PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. 7 Dragons, Books Butterfly's LICENSORS (COLLECTIVELY "7 Dragons & Companies" FOR PURPOSES OF THIS SECTION AND SECTION 4) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 7 Dragons & Companies DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE Service; THAT THE Service WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE Service WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE Services WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER Website or APPLICATION; THAT ANY ERRORS IN THE Service WILL BE CORRECTED; OR THAT THE Service WILL BE AVAILABLE FOR Any Additional Platforms or Devices. NO ORAL OR WRITTEN ADVICE PROVIDED BY 7 Dragons & Companies OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
3. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL 7 Dragons & Companies, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE Books Butterfly Book Promotion Service, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT 7 Dragons & Companies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall 7 Dragons & Companies' total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Service.
4. Limitation of Liability and Disclaimer of Warranties are Material Terms of the 'Terms & Conditions' you agree to when you start using Books Butterfly Products and Services and Packages. You agree that the provisions in these 'Terms & Conditions' that limit liability are essential terms of this License.
5. By using Books Butterfly Products and Packages and Services you agree that Books Butterfly can use snippets from emails you send us as Testimonials to the effectiveness of Books Butterfly Products and Packages and Services. We will in all cases respect your privacy and not use your full name, and will not link to your book - unless, of course, you agree to let us use your name. You also agree that we can use your App and Website as an example of effectiveness of Books Butterfly Products and Services. You also agree that we can use the growth of your email list and Twitter account and book sales as proof of the effectiveness of Books Butterfly Products and Services
6. By using Books Butterfly Products and Packages and Services you agree that
A) All Cancellations and Refunds will be according to the Cancellation Policy and Refund Policy
B) In case of any cancellation or refund, money will be deducted for services already provided, according to the rates listed on the Cancellation and Refund Policy pages
C) You agree that Books Butterfly is only responsible for getting you readers for your email list and Twitter Account. It is up to you to sell your books to these readers. Books Butterfly does not make any claims on what percentage of these readers will buy your book as sales depend completely on quality of your books and the price you offer to these readers. Books Butterfly is only responsible for adding real people who read books
D) You agree that these services and products are only available for Authors and Publishers. You agree that you are not a reseller and are not reselling Books Butterfly services and products
E) You agree that you have not been offered money or any other benefit by any company or individual to purchase and review Books Butterfly products and services. If this is found to be the case you agree to pay a fine of $100,000 and also reveal who offered you money and benefits to review Books Butterfly products and services
7. By using Books Butterfly Products & Packages & Services you agree to all the Terms of Service listed here and also the Terms of Service emailed to you after you buy a package. Some of the Terms can only be determined and emailed to you after we have evaluated your books and/or website. Therefore part of the Terms of Service can only be emailed after you have bought the packages. Using the Books Butterfly Promotion Service means you agree to both sets of Terms of Service - Terms of Service listed on the Books Butterfly website and Terms of Service specific to your package emailed to you. If you disagree to the Terms of Service we email you, please let us know immediately. If work has already started on your Package or Product, then the Cancellation Policy and Refund Policy would apply
8. By using Books Butterfly Products and Packages and Services you acknowledge that
a) All disagreements, lawsuits, and class action lawsuits will first be decided by an arbitrator in dispute arbitration in Quebec, Canada
b) In no event shall 7 Dragons & Companies' total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for Books Butterfly Packages and Products and Services
c) Any court cases and lawsuits will be judged in Quebec, Canada
d) If your court case is found to be without merit then you will pay Books Butterfly for all legal fees incurred by Books Butterfly
e) If your court case is found to be without merit then you will pay Books Butterfly for defamation and slander, wrongful legal claims, and loss of business due to your court case
Additional Terms Specific to Platform Packages
Please see the Cancellation Policy Page and the Refund Policy Page to see specific Terms for Books Butterfly Platform Packages.
1. By using Books Butterfly Products & Packages & Services you agree that Books Butterfly will build your email list and Twitter Account and (if part of your package) your App and Website
Selling books is not part of the product. Promoting Your Apps and Website are not part of the package. We are in no way, shape, or form promising how many sales there would be. Sales depend on the quality of your books and on the offers and prices you sell your products at
Additional Terms Specific to Growth Packages
1. By using Books Butterfly Products & Packages & Services you agree that Books Butterfly’s responsibilities are limited to adding readers to your Email List and Twitter Account
We are in no way, shape or form promising how many sales there would be. Sales depend on the quality of your books, and on the prices at which you sell your books
Additional Terms Specific to App & Website Packages
By using Books Butterfly Products & Packages & Services you agree that Books Butterfly’s responsibilities are limited to producing the App and Website for you
Getting App approved by Android App Store and Kindle Fire App Store is the author’s responsibility. For Android App we strongly recommend sharing the App straight with your readers
Getting App approved by Apple App Store is the author’s responsibility. We can provide some guidance – however, we are only signing up to produce/create the App
Promoting the Website is the author’s responsibility. We will create a great website for you and then you have to market it yourself
Additional Terms Specific to Subscriptions Packages
1. By using Books Butterfly Products & Packages & Services you agree that Books Butterfly’s responsibilities are limited to adding readers to your Email List and Twitter Account
We are in no way, shape or form promising how many sales there would be. Sales depend on the quality of your books, and on the prices at which you sell your books
Additional Terms Specific to Consulting Packages
1. By using Books Butterfly Products & Packages & Services you agree that Books Butterfly will provide advice on how to grow your reader base and sales. It is up to you to test and utilize our advice
We are in no way, shape or form promising our advice will work for you. In no case shall liability of Books Butterfly be more than the price paid by you to Books Butterfly
We strongly recommend making changes gradually. If possible, test on a smaller scale before doing bigger changes
While the advice and strategies we share with you are proven methods, they do not work for every author. Additionally, strategies need to be implemented properly and fully for them to be effective