Lemon House Publishing and Printing Agreement
Submission of Content
By clicking “I agree” and/or providing, uploading, or submitting your Content (“Content” defined as story content, illustrations, and related materials) to us or the Website for publication or printing, you are voluntarily agreeing to these additional Terms and Conditions (“Publishing and Printing Agreement”) regarding Content Submissions including the Creator Representations and Warranties set forth below, which along with our Terms, govern your participation in the publication and printing of your Content through Lemon House Publishing. Please see our full Terms at www.lemonhousepublishing.com which govern your participation in our Services.
You may not submit Content that infringes the intellectual property rights of others (e.g., copyright infringement, trademark infringement or counterfeit), or that is otherwise unlawful, unless an exception or limitation applies under applicable law.
Content Submission Guidelines
You shall not provide, upload, or submit Content which includes any of the following:
(i) invasion of privacy/publicity, including content which reveals the personal information of a third party;
(ii) violence or physical abuse of any kind;
(iii) defamation, slander or libel;
(iv) illegal activities of any kind;
(v) depictions of discrimination or discriminatory content;
(vi) fraudulent or misleading content (including tags, titles and descriptions);
(vii) pornographic, lewd or sexually explicit content;
(viii) content which is clearly inappropriate for children;
(ix) content involving harassment, intimidation, threats and other inappropriate predatory behavior;
(x) content which is intended to disgust or shock;
(xi) and intellectual property or other proprietary content or rights belonging to third parties, including without limitation the use of any third party likeness for which the user has failed to obtain the requisite releases, clearances and authorizations.
Lemon House reserves the right to:
(i) refuse to print or publish any Content for any or no reason in our sole discretion;
(ii) take any action with respect to Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, or which could otherwise create liability for Lemon House; and
(iii) disclose information about you to any third party who claims that Content provided by you violates their rights.
User Representations and Warranties
As the User of our Services, you will abide by our Content Submission policy established in these Terms and/or posted on our Site. You understand and acknowledge that you are responsible for Content provided, uploaded, or submitted by you and others linked to your registration, and you acknowledge and agree that you have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.
You represent and warrant that you own or control all rights to the Content including the requisite clearances, releases and authorizations for the use of any content, likeness, or other materials contained, included or depicted in the Content.
You represent and warrant that any Content provided, uploaded, or submitted by you is original to you and/or that you own and/or control all of the materials, content, and intellectual property contained therein including without limitation, the necessary licenses, releases, rights, consents, and permissions. At Lemon House’s request, and without further consideration, you will promptly provide to Lemon House reasonable evidence of such adequate and enforceable rights of third parties and their permissions granted to you, such as but not limited to, consents, approvals, licenses or sublicenses, and agree that Lemon House may provide a copy of these Terms to anyone claiming an infringement of copyright or trademark rights relating to your Content, to law enforcement or other entities as required by law, or as Lemon House determines is reasonably necessary to protect our rights or the rights of others. You represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our Services and the accuracy of the information or documentation you provide to us with respect to those rights.
Without limiting the foregoing, you represent and warrant that you have obtained the written consent, release and/or permission of each person who is identifiable in all of your Content Submissions to use the name and likeness of each such person in your Content Submissions in the manner contemplated by these Terms.
You further represent and warrant that your Content:
(i) does not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right;
(ii) is not fraudulent, misleading, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening or obscene;
(iii) does not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age;
(iv) is not illegal and does not promote illegal or harmful activities or substances deemed illegal by any government agency;
(v) if submitted as a digital file, does not contain any computer programming routines or viruses (including without limitation: time bombs, Trojan Horses, worms, Easter Eggs, drop dead devices or cancelbots) that are (intended to damage, interfere with, intercept or expropriate any system data or personal information, permit unauthorized access to the Website or disable, damage or erase any portion of the data stored therein; and/or
(vi) does not otherwise violate the Lemon House Content Submission Guidelines.
If you engage in any prohibited activity under these Terms, Lemon House may at its sole discretion, in addition to any rights of law or equity, suspend or terminate your use of its Services and access to the Website without notice or liability, based on the seriousness or repeated nature of such violative, inappropriate or unacceptable Content Submissions.
Rights in Content
You retain ownership in your Content. Except as expressly provided in the Terms, Creator is and will remain the sole and exclusive owner of all the rights, title, and interest throughout the world to the Content and reserves all rights and licenses not expressly granted herein.
License Granted to Lemon House
You grant to Lemon House and our designees, a worldwide, nonexclusive, irrevocable, sub-licensable (through multiple tiers), assignable, royalty-free (except as agreed to below) right and license to use, reproduce, reformat, sell, display, promote, print and distribute your Content solely in connection with printed or published books.
Published Books
When you submit your Content to be published, you acknowledge and agree that we may permit Amazon® Kindle® Publishing to exercise the rights that you grant to us in the Terms. Amazon Kindle Publishing shall have the right and license to use, reproduce, reformat, sell, display, promote, and distribute your Content as paperback books (“Published Books”). You may find further information regarding Amazon Kindle Publishing and their policies at: https://kdp.amazon.com/en_US/terms-and-conditionsref_=kdp_kdp_TAC_FOOT_tac and their privacy policies at https://www.amazon.com/gp/help/customer/display.html?ie=UTF8&nodeId=468496.
Sale of Published Books
You understand and agree that if the Creator’s name is submitted in connection with a Published Book, it will be publicly displayed in connection with the Published Book. Published Books shall be offered for sale at a price of $12 USD per copy on Amazon.com. Lemon House reserves the right to reserve a portion of the Published Books for a unique identifying number and barcode as necessary for publication. You will receive a link to order your Published Book, and you may order at it any time and in any amount at the set price of $12 a copy.
No Payment for Published Books
Creator acknowledges and agrees they will receive no payment from the publishing of their Content through our Services. All profit made from the sale of Creator’s Content sold as Published Books through Amazon.com will be donated. No payment for the sale of a Published Book will be paid to Creator. Creator acknowledges and agrees that any profit made from the sale of a Published Book will be donated to Storytime Crafts of Needham, Massachusetts, a registered 501(c)(3) nonprofit charitable organization dedicated to promoting literacy and the joy of reading to children.
Published Book Withdrawal
You may withdraw your Published Books from further on-demand printing at any time with at least 10 business days advance notice to jacky@lemonhousepublishing.com. We will then notify Amazon regarding your request. Amazon may, at their discretion, fulfill any customer orders completed through the date the Published Books were available for sale and may continue to sell any inventory of prior printed Published Books. All withdrawals of Published Books will apply prospectively only and not with respect to any customers who purchased Published Books prior to the date of removal.
Please note Amazon.com is a third party whose procedures and actions are out of our control. We will not be liable for the actions or non-actions of this third party. Your choice to publish your Content as a Published Book is at your full discretion and risk. We will not be liable for the availability of your Content or Published Books after your request for withdrawal.
Printed Books
If you choose to submit your Content to be printed as a hardcover book (“Printed Book”) the sections regarding Published Books do not pertain to you. However, you agree and acknowledge the rest of these Terms including but not limited to Content Submission Guidelines and User Representations and Warranties are applicable, and you agree to be bound by them. You further acknowledge and agree that each Printed Book costs $20 USD plus $5 USD for shipping. Orders for Printed Books will not be processed until payment in full is received. Your purchase of the Printed Book is subject to our Product Orders section of these Terms including our Product Shipping policies. The printing process takes 4 to 6 weeks and is facilitated through Lulu Press, Inc. Lulu Press, Inc. is a third party service provider. Their policies may be found at https://www.lulu.com/terms-and-conditions and https://www.lulu.com/privacy- policy. Printed Books are not made available for sale to third party consumers.
No Responsibility for Your Content
None of the Content will be subject to any obligation, whether of confidentiality, contribution or otherwise on our part and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that we retain the right but not the obligation to do any of the following:
(i) monitor and filter any Content to block or replace language that may be deemed harmful or offensive;
(ii) alter, remove, or refuse to publish any Content;
(iii) disclose any Content and the circumstances surrounding its submission to any third party in order to operate the Services, the Website, to protect us or our affiliates, distributors, partners, licensors, and sponsors, or users; to comply with legal or governmental obligation and requests, to enforce these Terms, or for any other reason or purpose.
Please be sure the Content has been edited to your liking before its submittal to Lemon House. Lemon House is not responsible for typos or any errors in Content Submissions.
File Retention
YOU ARE SOLELY RESPONSIBLE FOR RETAINING COPIES OF ANY CONTENT SUBMISSIONS UPLOADED TO US OR SENT TO LEMON HOUSE FOR PRINTING OR PUBLISHING. WE ARE NOT RESPONSIBLE FOR RETAINING YOUR FILE(S) AND MAINTAIN NO LIABILITY FOR THE LOSS OF THE FILES THAT ARE REMOVED IN COMPLIANCE WITH THESE TERMS AND THE WEBSITE’S NORMAL FUNCTIONS.
If you submit physical copies of your Content, we will make commercially reasonable efforts to safely secure the physical copies for 3 months from the date of submittal. Physical copies held after that time will be recycled or destroyed. If you would like physical copies of your Content returned to you, you may indicate you would like the physical copies returned to you when you submit your Content. We will make commercially reasonable efforts to return the physical copies to you at your cost, but we will not be responsible for loss as indicated above.
We will retain electronic files submitted to us in accordance with our Privacy Policy. We will make commercially reasonable efforts to retain these files as necessary to conduct the Services and for no longer than 2 years after your account becomes idle. We reserve the right to remove the files at our sole discretion and without warning or liability.
Permission to Use Name and Likeness
You acknowledge and agree that if you submit a Creator’s name as the author of the Content during the publishing process, it will be publicly displayed in connection with the Content as a Published Book. Creator’s names submitted as authors in connection with Content submitted as a Printed Book will be displayed on the book itself but is not otherwise displayed publicly as it is shipped directly to the Creator.
You further acknowledge and agree that if a physical or digital image of the Creator is submitted in connection with the Content, you are granting a non-exclusive, irrevocable, non-transferable, limited license to use this physical or digital image in connection with the promotion, publication, or sale of the Published Book on our Website or Amazon.com without compensation to you at any time now or at any time in the future. Your submission of photo images and names is at your sole discretion and risk. Please consider this carefully before granting permission and submitting photos and names to us. We reserve the right but not the obligation to remove any photo images and names displayed on our Website, including your photo images and name, from our Website at any time and without any liability.