TERMS AND CONDITIONS (CONTRACTS):
The use of this website and services on this website provided by Unapologetic Press, a DBA of I Dare to Dream Project, INC (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
PROPOSAL
The terms of this agreement expires 30 days after being submitted to Client. If this agreement expires, Unapologetic Press may modify the Agreement and resubmit it to Client.
COMPENSATION Client agrees to pay Unapologetic Press the fees listed in the Project Proposal. Pricing in the project proposal includes design fees only. Any other costs, such as printing, art licensing or stock photography will be billed to client.
PAYMENT A deposit of an agreed upon amount is due upfront and before any design work begins. Final payment is due once all the design work is completed. This must be received before any final files are released to the Client. If Client or Unapologetic Press decides to end this agreement, Unapologetic Press retains the deposit for time spent on the project.
LATE PAYMENT
All grants of any license to use or transfer ownership of any intellectual property rights under this agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any other charges. Unapologetic Press may withhold delivery if accounts are not current or overdue invoices are not paid in full.
CHANGES TO PROJECT SCOPE If Client wants to change the Scope of Work after acceptance of this agreement, Client shall notify Unapologetic Press describing the requested changes in detail.
OWNERSHIP
1.1 We do not claim any rights to your book and we are not in any way responsible for its contents.
1.2 You own all rights, free of any encumbrances, to your book.
1.3 You are either the author of the book, or you have written agreement from the authors/contributors and full authority to enter into this agreement.
1.4 You ensure that no part of your book contains matter which is obscene, indecent, defamatory, unlawful, or which in any way infringes, invades, or violates any right, including privacy, copyright, trademark, or trade secret of any person or entity.
1.5 For work not in the public domain, you have secured legally effective licenses from the copyright holder, including those for any images or extracts.
RESPONSIBILITIES
2.1 You cannot assign this agreement or any rights or obligations in it to a third party without our prior written consent.
2.2 You indemnify us from any losses, expenses, or damages as a result of your breach of these warranties. This includes costs and legal fees arising out of resolving or avoiding any suit, demand or claim.
DEADLINES3.1 We are not responsible for your final deadline. We give a clear delivery timescale for each part of our service and in the unlikely event of a delay, we will notify you.
3.2 We will not be liable for delays, errors, or non-performance of services caused by any of our third-party vendors or suppliers.
CANCELLATION
4.1 In the unlikely event you wish to cancel a design job, Unapologetic Press will retain a proportion of your initial payment to cover any work already completed.
4.2 Unapologetic Press reserves the right to cancel a job for any reason at any time. In this unlikely event we will issue a full refund and there will be no further responsibility on either party.
DISPUTES
5.1 Any customer who has a dispute must provide reasonable opportunity for Unapologetic Press to resolve the issues. Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
5.2 Our liability under the agreement shall always be limited to the amounts paid by the customer to us.
5.3 In no event shall we be liable for indirect damages, consequential damages or loss of profit.
5.4 If any term or provision of this agreement is illegal or unenforceable, the term will only be removed or reduced to the extent that is necessary to make the agreement legal or enforceable.
5.5 Unapologetic Press is incorporated in the US and subject to the justification of the courts of the United States of America.
PRINTINGApplies when using our print or publishing services:
6.1 You understand and accept that there are certain production tolerances and manufacturing restrictions for POD printing.
6.2 Unapologetic Press is not a printer. We use Ingram Spark or KDP to provide book printing services. In the event of an issue You must deal with them directly.
6.3 Any books ordered are printed to order and once paid for cannot be cancelled or refunded.
PUBLISHINGApplies when using our publishing services
7.1 Unapologetic Press is not a book or ebook distributor. We use Ingram Spark and KDP to provide these services and in the event of any issue you must take it up with them directly.
7.2 Unapologetic Press does not market your book and is not responsible for how well it sells.
WEBSITE8.1 All content included on this website is property of Unapologetic Press. Material may not reproduced, copied, stored or re-used without prior permission.
8.2 We do not claim this website will be free from defects and accept no liability for any damage arising from its use or non-availability.
PRIVACY9.1 We use cookies on our website. Essential cookies to log in and complete forms, analytical cookies allow us to see how customers interact with our website and marketing cookies to remember your preferences. You can disable cookies but this may make some website functionality unavailable.
9.2 In the process of doing your job we may collect your name, email, address and phone number. We do not hold any of your financial information.
9.3 We respect your privacy. We will not misuse, sell or exploit any information provided to us. Information provided to us will not be shared with 3rd parties.
9.4 Unapologetic Press reserves the right to make changes in this policy.
9.5 If you have submitted personal information through our website and would like this deleted please email us.
9.6 Your use of this site indicates acceptance of our Privacy Policy.
ADDITIONAL TERMS
USE OF SITE
The Site is provided solely for the use of customers and clients of Unapologetic Press to provide you with information about us, to enable you to purchase our products and/or services. Any other use of the Site is strictly prohibited. Information provided on the Site is related to branding, brand strategy, small business tips, style, fashion, and beauty tips, as well as marketing. Unapologetic Press makes no guarantee that the information provided on the Site (the “Content”), regardless of its source , is complete, accurate, reliable, error-free, or current. Unapologetic Press does not warrant the accuracy, correctness, or completeness of the Content, and disclaims all liability for any inaccuracy, error or incompleteness in the Content .
CONTENT AND OWNERSHIP
The information contained on this Site, including without limitation, all images, designs, photographs, writings, graphs, data, and other content (the “MATERIALS”) are the property of Unapologetic Press and are protected by copyrights, trademarks, trade secrets, and/or other proprietary rights.Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this Site for the authorized uses described above. In doing so, you must provide correct attribution to Unapologetic Press.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, agreement, payment, or assent you transmit through this Site , including but not limited to any consent you give to receive communications from Unapologetic Press solely through electronic transmission. You agree that when you click on an “I agree,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer or mobile device, your agreement and/or consent will be considered legally binding and enforceable and the legal equivalent of your handwritten or electronic signature
LIMITATION OF LIABILITY
You agree that Unapologetic Press shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site, regardless of whether such liability is based in tort, contract, or otherwise.
In no event, including, without limitation, a negligent act, shall Unapologetic Press be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with this agreement, regardless of whether company or any of its providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
1. In no event shall service provider be liable to customer or to any third party for any loss of use, revenue or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
2. In no event shall service provider's aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to service provider pursuant to this agreement.
3. Service provider shall not be liable for the acts or omissions of any third party, including but not limited to, third party vendors or sub-contractors, used in connection with the services or the project.
4. Our liability under this agreement with respect to the services that we provide, any advice that we dispense, or any other materials provided as part of our services, is limited to correction of the services or materials. If correction is not possible or impractical, then our liability is limited to a refund of any fees paid to draft by you under this agreement. This liability limit applies to any legal theory of damages, including negligence, contract, warranty, or otherwise as may be applicable. We won’t be liable for any lost profits, incidental, special, or consequential damages, even if we have been advised of the possibility of such damages.
INDEMNIFICATIONYou agree to indemnify, defend, and hold harmless Unapologetic Press, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of these Terms and Conditions, violation of any law or regulation, or violation of any proprietary or privacy right.
ACCOUNT CREATION
In order to purchase a product and/or service, you will be required to provide information about yourself and/or your business including your name, email address, and other personal information. You agree that any registration information you give to Unapologetic Press will always be accurate, correct and current. . 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 Service, violate any laws in your jurisdiction. Unapologetic Press reserves the right to refuse service based on your provision of inaccurate account information.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and Service, , violate any laws in your jurisdiction. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services and/or products through the Site for non-commercial, legitimate purposes only.
RIGHT OF REFUSAL
Unapologetic Press reserves the unlimited right to refuse service to any order, person or entity without obligation to assign reason for doing so. Unapologetic Press also reserves the right to limit the number of participants in any given workshop or online course. Unapologetic Press may at any time change or discontinue any aspect or feature of the Site or Service.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. If you have signed up for a subscription with us, the subscription renews automatically and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
CANCELLATIONS, REFUNDS AND RETURNS
All sales of digital products are final. All live online workshops, courses and trainings being given during a specific time period are eligible for refunds for up to 3 days from the first day of class, and after that time period has passed, no refunds will be given. If you would like to cancel a subscription you have with us, you can do so at any time, and you will not be charged effective the following billing period. Current payments for that period will not be refunded. All pre-order digital products are refundable at any time prior to delivery. After the digital product has been delivered, the sale is final and no refunds will be processed. Refunds are not offered for consulting sessions, however, should you wish to postpone your session, we will honor it for up to 1 year after purchase.
INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products and all online class and workshop materials are the intellectual property of Unapologetic Press. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. 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 content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you violate this intellectual property policy.
PRODUCT/SERVICE DESCRIPTION
We endeavor to describe and display the Product and/or Service as accurately as possible. While we try to be as clear as possible in explaining the Product and/or Service, by using the Site you acknowledge that the Product and/or Service descriptions may not be entirely accurate, current, or error-free.
AMENDMENTS TO TERMS AND CONDITIONS
Unapologetic Press reserves the right to amend these Terms and Conditions from time to time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are 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 HOM. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
No Guarantee of Results: We provide information as-is; it's up to you to act on it. Your organization needs to be structured such that it can accept our advice and use it meaningfully. Additionally, we make no guarantee about the number of leads, sales, or any return on investment resulting from our work with you.
Designated Agent For Copyright Infringement ClaimIf you have a good faith belief that your copyright is being infringed by any content on the Service, please send a notice that includes information listed below (the “Notice of Claimed Infringement”) to our Designated Copyright Agent: Unapologetic Press * info@unapologeticpress.com
Notice of Claimed Infringement must include at a minimum the following information:- a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification about where the material that is claimed to be infringing is found on the Service reasonably sufficient to permit Unapologetic Press. to locate such material;
- information reasonably sufficient to permit Unapologetic Press to contact you, such as an address, telephone number, and email address at which the you may be contacted;
- a statement that the you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any material has been removed as a result of such mistake of misidentification, send a notice to our Designated Copyright Agent that includes the following information:
- your physical or electronic signature;
- an identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Unapologetic Press. may be found and that you will accept service of process from the party who provided the Notice of Claimed Infringement or an agent of such party.
If a counter-notice is received by the Designated Copyright Agent, Unapologetic Press, may send a copy of the counter-notice to the original complaining party informing such party that Unapologetic Press may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against us or the party contesting the original complaint, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Unapologetic Press’ discretion.
General Disclaimer
Client agrees and acknowledges that Unapologetic Press is not a business coach or health (mental or physical) coach and the Services are not intended to be a substitute for any professional advice, whether financial, legal, health related, or otherwise. Please consult a licensed professional should you need advice relating to your business or your personal health. Unapologetic Press does not guarantee the quality, accuracy, completeness or timelines of the information provided to Client in connection with the Services. All information provided to Client is only an estimate and may contain errors. By using the Services you agree that Unapologetic Press shall not be responsible for any direct, indirect, special, incidental or consequential damages or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of Services or in reliance on the information made available to the Client in connection with the Services, including the loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action.
1. Force Majeure. The Unapologetic Press shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Unapologetic Press including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
2. Assignment. Client shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Unapologetic Press. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Client of any of its obligations under this Agreement.
3. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
4. Acceptance of Terms. The action of viewing and accepting of this agreement via electronic method will hold both parties in acceptance of these terms. Unapologetic Press, as sender and the Client /Customer as recipient will acknowledge the acceptance of these terms through acceptance at the time of purchase. Upon payment of specified amount and acknowledgement of terms and conditions be considered legal and binding.
Entire Agreement: This is our entire Agreement. It supersedes all other discussions, understandings, and negotiations between us, if any.