Terms and Conditions

Effective date: September 30, 2025

These Terms govern your access to and use of the Eliot and Dylan Books website and Services. By using the site or engaging our Services, you agree to these Terms.

1. Services and Project Agreements

We provide publishing, editing, design, ghostwriting, printing consultation, and related Services. Deliverables, fees, schedules, and approvals are set in proposals, statements of work, or order forms (each a “Project Agreement”). If these Terms conflict with a signed Project Agreement, the Project Agreement controls.

2. Eligibility and Accounts

You must be at least 18 years of age (or the age of majority where you live). Keep your credentials confidential and notify us immediately of any unauthorized use.

3. Submissions; Evaluation; Confidentiality

You may submit proposals, manuscripts, outlines, chapters, images, and other materials (“Submissions”). You retain ownership. You grant us a limited, non‑exclusive, worldwide, royalty‑free license to use, reproduce, transmit, and internally share Submissions solely to evaluate and provide the Services. We treat Submissions as confidential within our organization. We are not obligated to accept a project or return materials unless required by law or agreed in writing.

4. Author Responsibilities and Warranties

You represent and warrant that you own or have the necessary rights to your materials; that they do not infringe any third‑party rights (copyright, trademark, moral rights, privacy, publicity); that they are not defamatory or unlawful; and that you will provide timely feedback and approvals. You understand that we cannot be held accountable for manuscript loss, and that you should have more than one copy of your manuscripts.

5. Editorial and Ghostwriting

Editorial services aim to improve clarity and readability but do not guarantee publication, reviews, or sales. Ghostwriting may be delivered as work‑made‑for‑hire or via assignment upon final payment, as specified in the Project Agreement. You are responsible for factual accuracy and permissions/release forms for quoted or third‑party materials.

6. Design, Typesetting, and Proofs

We supply cover/interior design and production files at cost. All expenses related to design (interior or cover) shall be paid by you in advance before work commences. You may review proofs; after approval, later changes may incur fees. Reasonable print tolerances (color variance, trim shift, paper caliper differences) apply pursuant to industry standards.

7. Printing and Distribution

We may coordinate with printers and distributors on your behalf. We do not control third‑party timelines, acceptance criteria, or listing decisions. We use commercially reasonable efforts to secure pricing and quality, but do not guarantee availability, shipping times, or sales performance.

8. Intellectual Property; Working Files; Portfolio

You retain ownership of your manuscripts and content, subject to licenses necessary to provide the Services. We own our website, brand assets, processes, and pre‑existing materials. Unless a Project Agreement states otherwise, final deliverables (print PDFs, eBook files) are licensed for publishing and promotion of your book. Preliminary concepts, native working files, fonts, stock licenses, and proprietary templates remain our property unless expressly transferred in writing. We may display non‑confidential visuals (e.g., cover thumbnails) in our portfolio unless prohibited by agreement or your written notice.

9. Fees, Taxes, and Payments

Fees are set in your Project Agreement or on our site. Fees exclude taxes, shipping, customs, and third‑party costs unless stated otherwise. You authorize charges to your payment method for fees and applicable taxes. Late balances may accrue interest (up to 1.5% per month or the maximum allowed by law). We may suspend work for accounts that are past due.

10. Refunds and Cancellations

Customized Services are generally non‑refundable once work begins. If you cancel before work starts, partial refunds (less administrative costs) may be available as specified in your Project Agreement. If you cancel the project mid-way, you are responsible for the work completed, third-party costs, and any non-cancelable commitments.

11. Acceptable Use

You agree not to access non‑public systems; interfere with the site; upload malware; scrape or data‑mine except as allowed by robots.txt; infringe rights; or use the site unlawfully.

12. Third‑Party Services and Links

We are not responsible for third‑party websites, tools, content, terms, or privacy practices. Your use of third‑party services is at your own risk.

13. Disclaimers

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ERROR‑FREE, OR THAT PARTICULAR OUTCOMES (PUBLICATION, REVIEWS, SALES) WILL OCCUR. TIMELINES ARE ESTIMATES. NOTHING ON THE SITE IS LEGAL, FINANCIAL, OR TAX ADVICE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELIOT AND DYLAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR LOST PROFITS, LOST SALES, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES; ARISING FROM OR RELATED TO THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PROJECT DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR USD $1,000, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED.

15. Indemnification

You will defend, indemnify, and hold harmless Eliot and Dylan and its officers, directors, employees, contractors, and agents from any third‑party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your Submissions/materials; (b) your breach of these Terms or any Project Agreement; (c) your violation of law; or (d) your infringement/misappropriation of third‑party rights. We may assume exclusive defense and control; you agree to cooperate.

16. Confidentiality

Each party will use the other party’s confidential information only to perform or receive the Services and will protect it using reasonable safeguards. Exceptions apply for public information, already known, independently developed, or rightfully obtained from a third party.

17. Force Majeure

We are not liable for delays/failures caused by events beyond our reasonable control, including natural disasters, pandemics, labor disputes, war, terrorism, civil disorder, supply chain failures, utilities interruptions, or governmental actions.

18. Governing Law; Venue; Dispute Resolution

These Terms are governed by the laws of the State of Texas, USA, excluding conflict-of-law rules. Parties consent to exclusive jurisdiction and venue in the courts of Texas, USA, unless we mutually elect binding arbitration before a single neutral in Texas, USA. CLASS ACTIONS ARE WAIVED TO THE FULLEST EXTENT PERMITTED. Before resorting to arbitration, the Client must first Eliot and Dylan with a written notice of the alleged breach and allow 60 days for a cure of the issue before filing any claim.

19. Changes to Terms

We reserve the right to modify these Terms; any material changes will be posted with an updated effective date. Continued use after changes take effect constitutes acceptance.

20. Assignment; Entire Agreement; Severability; Waiver; Notices

You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms, together with any Project Agreement(s) and the Privacy Policy, constitute the entire agreement. If any provision is held invalid, the remaining provisions continue in effect. Failure to enforce is not a waiver.

21. Contact

Notices may be sent by email to Info@eliotanddylan.com.
Support and legal inquiries: info@eliotanddylan.com