Garden Library Space - Terms of Service

1. Intellectual Property Rights:

By submitting your book for promotion on our website and social media channels, you affirm that you are the sole owner of all intellectual property rights associated with the book, including but not limited to copyrights and trademarks. You agree to indemnify and hold harmless against any claims of infringement brought by third parties.

2. Content Accuracy:

You are responsible for ensuring the accuracy and legality of all content provided for promotion. We reserve the right to refuse promotion of any book that contains inaccurate, misleading, or unlawful content.

3. License to Use:

By submitting your book for promotion, you grant us a non-exclusive, royalty-free license to distribute and display the content worldwide in any media formats and through any channels for the purpose of promotion.

4. Promotion Terms:

We reserve the right to determine the timing, manner, and extent of promotion for each book submitted. Promotion may include but is not limited to featured listings on our website, social media posts, email newsletters, and advertising campaigns.

5. Liability Limitation:

We do not guarantee any specific results or outcomes from our promotional efforts. We shall not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising from or in connection with the promotion of your book.

6. Termination:

We reserve the right to terminate or suspend promotion of your book at any time and for any reason without prior notice. In the event of termination, no refunds or compensation shall be provided.

7. Governing Law:

These terms and conditions shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

8. Agreement Acceptance:

By submitting your book for promotion, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions.

9. Indemnification:

You agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to any breach of these terms by you, including but not limited to any violation of intellectual property rights or any claim alleging that the content provided by you infringes upon the rights of a third party.

10. Confidentiality:

Any information or materials provided to us for the purpose of promotion, including but not limited to book content, marketing strategies, and sales data, shall be treated as confidential and shall not be disclosed to any third party without your prior written consent, except as required by law.

11. Force Majeure:

We shall not be liable for any failure or delay in performing our obligations under these terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power outages, or internet disruptions.

12. Severability:

If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

13. Waiver:

The failure of either party to enforce any provision of these terms shall not be construed as a waiver of such provision or the right to enforce it at a later time. Any waiver of any provision of these terms must be in writing and signed by the party waiving its rights.

14. Entire Agreement:

These terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

15. Amendments:

We reserve the right to modify, amend, or update these terms at any time by posting the revised terms on our website or notifying you by email. Your continued use of our services after such changes have been made shall constitute your acceptance of the revised terms.

16. Website Changes:

You have the right to request changes to be made regarding the promotion of your book on our website, including but not limited to alterations to the cover design, book title, or price. However, we reserve the right to approve or deny such requests at our discretion. We will make reasonable efforts to accommodate your requests in a timely manner, but we cannot guarantee that all requested changes will be implemented.

17. No Guarantees of Sales:

You acknowledge and agree that we make no guarantees or representations regarding the number of book sales or the level of success that may result from the promotion of your book on our website and social media channels. While we will make reasonable efforts to promote your book effectively, we do not warrant or guarantee any specific results or outcomes from our promotional efforts.

18. Retention of Emails:

You agree that we may retain copies of emails and other communications exchanged between us regarding the promotion of your book. These emails may be used as evidence of purchase or to resolve any disputes that may arise between the parties. We will take reasonable measures to ensure the security and confidentiality of such communications in accordance with our Privacy Policy.

19. Prohibition of False Advertising:

You agree not to engage in false advertising or defamatory statements regarding our services, whether or not you choose to purchase our promotional services. This includes but is not limited to spreading rumors or making unfounded claims that we are engaged in fraudulent activities. Any such actions may result in legal action being taken against you for damages incurred by our business reputation.

20. Reservation of Rights:

We reserve all rights not expressly granted herein, including but not limited to the right to refuse promotion of any book, terminate services, or modify these terms and conditions at our discretion.

21. Third-Party Services:

We may use third-party services or platforms for the promotion of your book, and you agree to abide by their terms and conditions as applicable.

22. Limitation of Liability:

Our liability under these terms shall be limited to the amount paid by you for the promotional services provided. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with these terms.

23. Notice:

Any notices or communications required or permitted to be given under these terms shall be in writing and delivered to the respective parties via email or certified mail to the addresses provided.

24. Survival:

The provisions of these terms that by their nature extend beyond the termination of services shall survive the termination or expiration of these terms, including but not limited to indemnification, confidentiality, and limitation of liability.

25. Independent Contractors:

The relationship between the parties established by these terms is that of independent contractors, and nothing in these terms shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties.

26. Assignment:

You may not assign, transfer, or sublicense any of your rights or obligations under these terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

27. Entire Agreement:

28. Counterparts:

These terms may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement.