Totally Liberated Publisher

Terms and Conditions

Welcome to www.totallyliberatedpublisher.com. The www.totallyliberatedpublisher.com website
(the “Site”) is comprised of various web pages operated by Totally Liberated Publisher.
www.totallyliberatedpublisher.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of
www.totallyliberatedpublisher.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
www.totallyliberatedpublisher.com is a Self-help Site.
The purpose of this website is to help novice writers understand the basics of self-publishing.

Visiting www.totallyliberatedpublisher.com or sending emails to Totally Liberated Publisher
constitutes electronic communications. You consent to receive electronic communications and you
agree that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.

Totally Liberated Publisher collects personally identifiable information from children under the age
of thirteen. Totally Liberated Publisher collects this information for the following reason(s):
For writing contest purposes only.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this
website. If you are a parent and you have questions regarding our data collection practices, please
contact us using the information provided at the end of this Agreement. If you are under 18, you
may use www.totallyliberatedpublisher.com only with permission of a parent or guardian.

www.totallyliberatedpublisher.com may contain links to other websites (“Linked Sites”). The
Linked Sites are not under the control of Totally Liberated Publisher and Totally Liberated
Publisher is not responsible for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. Totally Liberated Publisher
is providing these links to you only as a convenience, and the inclusion of any link does not imply
endorsement by Totally Liberated Publisher of the site or any association with its operators.
Certain services made available via www.totallyliberatedpublisher.com are delivered by third party
sites and organizations. By using any product, service or functionality originating from the
www.totallyliberatedpublisher.com domain, you hereby acknowledge and consent that Totally
Liberated Publisher may share such information and data with any third party with whom Totally
Liberated Publisher has a contractual relationship to provide the requested product, service or
functionality on behalf of www.totallyliberatedpublisher.com users and customers.

You are granted a non-exclusive, non-transferable, revocable license to access and use
www.totallyliberatedpublisher.com strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to Totally Liberated Publisher that you will not use the Site for
any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party’s use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Totally Liberated
Publisher or its suppliers and protected by copyright and other laws that protect intellectual
property and proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such content and will not make
any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Totally Liberated Publisher content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of Totally Liberated Publisher and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Totally Liberated Publisher or our licensors except as
expressly authorized by these Terms.

The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise oroffer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Totally Liberated Publisher has no obligation to monitor the Communication Services. However,
Totally Liberated Publisher reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Totally Liberated Publisher reserves the
right to terminate your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.

Totally Liberated Publisher reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in Totally Liberated Publisher’s
sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Totally Liberated Publisher does not control or endorse
the content, messages or information found in any Communication Service and, therefore, Totally
Liberated Publisher specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service. Managers and
hosts are not authorized Totally Liberated Publisher spokespersons, and their views do not
necessarily reflect those of Totally Liberated Publisher.

Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.

Totally Liberated Publisher does not claim ownership of the materials you provide to
www.totallyliberatedpublisher.com (including feedback and suggestions) or post, upload, input or
submit to any Totally Liberated Publisher Site or our associated services (collectively
“Submissions”). However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Totally Liberated Publisher, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.
Totally Liberated Publisher is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in Totally Liberated Publisher’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
International

The Service is controlled, operated and administered by Totally Liberated Publisher from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Totally Liberated Publisher Content accessed through www.totallyliberatedpublisher.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

You agree to indemnify, defend and hold harmless Totally Liberated Publisher, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Totally Liberated Publisher reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Totally Liberated Publisher in asserting any available defenses.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOTALLY LIBERATED PUBLISHER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TOTALLY LIBERATED PUBLISHER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOTALLY LIBERATED PUBLISHER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOTALLY LIBERATED PUBLISHER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOTALLY LIBERATED PUBLISHER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Totally Liberated Publisher reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and youhereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Totally Liberated Publisher as a result of this agreement or use of the Site. Totally Liberated Publisher’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Totally Liberated Publisher’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Totally Liberated Publisher with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Totally Liberated Publisher with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Totally Liberated Publisher with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Totally Liberated Publisher reserves the right, in its sole discretion, to change the Terms under which www.totallyliberatedpublisher.com is offered. The most current version of the Terms will supersede all previous versions. Totally Liberated Publisher encourages you to periodically review the Terms to stay informed of our updates.