The Swoonies

, , San Diego, Oregon, United States (US) -

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Terms of Service & Privacy Policy

Terms and Conditions

Agreement between User and https://theswooniesbookcovers.com

Welcome to https://theswooniesbookcovers.com. The https://theswooniesbookcovers.com website (the "Site") is comprised of various web pages operated by The Swoonies Book Covers ("The Swoonies"). https://theswooniesbookcovers.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://theswooniesbookcovers.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://theswooniesbookcovers.com is an E-Commerce Site.

The Swoonies Book Covers provides design services for book covers, including both pre- designed covers and custom-designed covers. In addition, The Swoonies offered design services for teasers, ads, and video surrounding the marketing of books.

Privacy

Your use of https://theswooniesbookcovers.com is subject to The Swoonies's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://theswooniesbookcovers.com or sending emails to The Swoonies 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.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Swoonies is not responsible for third party access to your account that results from theft or misappropriation of your account. The Swoonies and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

The Swoonies does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://theswooniesbookcovers.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Products and services from The Swoonies Book Covers are non-refundable. In order to book a custom-designed cover, you must pay a non-refundable retainer of $50 to secure a spot in my schedule. Payment in full for completed covers is due before high-resolution files are transferred to you. Please contact holly@theswoonies.com with any questions.

Links to Third Party Sites/Third Party Services

https://theswooniesbookcovers.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Swoonies and The Swoonies 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. The Swoonies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Swoonies of the site or any association with its operators.

Certain services made available via https://theswooniesbookcovers.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://theswooniesbookcovers.com domain, you hereby acknowledge and consent that The Swoonies may share such information and data with any third party with whom The Swoonies has a contractual relationship to provide the requested product, service or functionality on behalf of https://theswooniesbookcovers.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://theswooniesbookcovers.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Swoonies 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 The Swoonies 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. The Swoonies 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 The Swoonies 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 The Swoonies or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by The Swoonies 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 The Swoonies Content accessed through https://theswooniesbookcovers.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless The Swoonies, 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. The Swoonies 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 The Swoonies in asserting any available defenses.

Arbitration

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.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Swoonies agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

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. THE SWOONIES BOOK COVERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE SWOONIES BOOK COVERS 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. THE SWOONIES BOOK COVERS 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 THE SWOONIES BOOK COVERS 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 THE SWOONIES BOOK COVERS 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.

Termination/Access Restriction

The Swoonies 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 Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon 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 The Swoonies as a result of this agreement or use of the Site. The Swoonies's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Swoonies'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 The Swoonies 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 The Swoonies with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Swoonies 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.

Changes to Terms

The Swoonies reserves the right, in its sole discretion, to change the Terms under which https://theswooniesbookcovers.com is offered. The most current version of the Terms will supersede all previous versions. The Swoonies encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

The Swoonies welcomes your questions or comments regarding the Terms:

The Swoonies Book Covers Email Address: holly@theswoonies.com

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By making a purchase from The Swoonies Book Covers or from Holly Perret, you agree to read and abide by the licensing agreements provided by the stock photo sites used to make your book cover. You agree that The Swoonies and Holly Perret are not liable for misuse use of the book cover in ways that are not allowed by those license agreements. Using a book cover responsibly and within appropriate licensing terms is entirely the responsibility of the person purchasing the cover.

By making a purchase from The Swoonies Book Covers or from Holly Perret, you will receive exclusive rights to use that cover for your book and related promotional materials, within the bounds of above mentioned license agreements.

You do not own the cover. You are licensing it. You will not receive copies of the original stock photos or of the editable photoshop files and layers.

By making a purchase from The Swoonies Book Covers or from Holly Perret, you also agree to provide credit to The Swoonies Book Covers or Holly Perret in your book.

You MAY NOT make edits to the final derivative artwork that is delivered to you.

You MAY NOT resell, redistribute, or create merchandise for sale with the cover depicted other than the book for which you purchased the cover.

You MAY NOT hire another designer to make changes to the cover in any way. That includes any and all changes, including color and title or text changes, unless you have my permission.

You MAY NOT falsely represent that my cover was created by you or any designer other than The Swoonies Book Covers or Holly Perret.

Holly Perret retains perpetual rights to all derivative artwork.

If you still have questions, feel free to email me.

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Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to https://theswooniesbookcovers.com and The Swoonies Book Covers and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to The Swoonies Book Covers include https://theswooniesbookcovers.com, The Swoonies and https://HistoricalRomance.Love. The The Swoonies website is a Graphic Design site. By using the The Swoonies website, you consent to the data practices described in this statement.

Collection of your Personal Information

In order to better provide you with products and services offered on our Site, The Swoonies may collect personally identifiable information, such as your:

- First and Last Name - Mailing Address
- E-mail Address
- Phone Number

If you purchase The Swoonies's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

The Swoonies collects and uses your personal information to operate its website(s) and deliver the services you have requested.

The Swoonies may also use your personally identifiable information to inform you of other products or services available from The Swoonies and its affiliates.

Sharing Information with Third Parties

The Swoonies does not sell, rent or lease its customer lists to third parties.

The Swoonies may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to The Swoonies, and they are required to maintain the confidentiality of your information.

The Swoonies may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Swoonies or the site; (b) protect and defend the rights or property of The Swoonies; and/or (c) act under exigent circumstances to protect the personal safety of users of The Swoonies, or the public.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by The Swoonies. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the The Swoonies website.

Security of your Personal Information

The Swoonies secures your personal information from unauthorized access, use, or disclosure. The Swoonies uses the following methods for this purpose:

- SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records. Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
The Swoonies does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications
From time to time, The Swoonies may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from The Swoonies, you may opt out of such communications by emailing holly@theswoonies.com.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
The Swoonies reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
The Swoonies welcomes your questions or comments regarding this Statement of Privacy. If you believe that The Swoonies has not adhered to this Statement, please contact The Swoonies at: The Swoonies Book Covers Email Address: holly@theswoonies.com

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Effective as of December 04, 2020

Refund Policy

Premade covers may be returned within 2 days of purchase when taken "as is", so long as the image has not been shared or reproduced in any way. Once the cover has been personalized with a title, author name, and/or other details, the cover is not returnable. I am more than happy to work with you to make minor adjustments to the cover that suit your needs.

Payments for premade covers must be made within 24 hours of requesting the cover. Failure to pay will result in the premade cover being placed back up for sale.

Custom Covers require a deposit to hold a place in my schedule.

I have two deposit options available to choose from.

Two payments of $25 each. The first $25 is due within 48 hours to hold your requested window and is non-refundable. The second payment of $25 is due 3 months before the first date in your booking window and is non-refundable.
One payment of $50 due within 48 hours of when you request a booking window. The $50 deposit is fully refundable until 3 months before the first date in your booking window, at which time it becomes non-refundable.

If you are booking a window that is within 3 months, a deposit of $50 is due at the time of the request and is non-refundable.

Deposits are handled on a per cover basis.

Deposits book you for a specific time frame in my schedule. This is your booking window. The booking window is the time frame during which I do the bulk of work on your cover (usually a one week period of time per cover), but the process typically begins much earlier. Before your booking window arrives, we will plan your covers, including going over your preferences, chosing stock photos, clarifying your look and feel, and in some cases, mockups will be created beforehand.

Custom Cover Cancellation Policy

With the $50 deposit option, your deposit is fully refundable if:

Cancellation is requested no later than 3 months before your scheduled booking window,
Stock photos have not been purchased*, and
Design work** has not begun on any of your covers.

With the $25/$25 deposit option, the first $25 deposit is non-refundable. The second $25 deposit is fully refundable if:

Cancellation is requested no later than 3 months before your scheduled booking window,
Stock photos have not been purchased*, and
Design work** has not begun on any of your covers.

*If stock photos have been purchased the cost of stock photos will be subtracted from the returnable portion of your deposit.

Deposits are not refundable if:

Cancellation is requested within 3 months of the first date in your booking window, or
Design work** has begun on any your covers, regardless of when cancelation is requested.

**Design work includes creation of color palets, mockups, actual production of your cover even if it falls outside of your booking window, creation of teasers, banners, advertisments, etc. Design work does not include searching for stock photos, email conversations for planning, etc. Design work will not begin early without agreement between both designer and client.

Please note that stock photo licenses are non-transferrable. If stock photos have been purchased, the cost of the stock images will be subtracted from your deposit and you will not receive the stock photo for your personal use. This is a limitation of the license agreement and not a personal decision on my part.

Custom Cover Return Policy

Completed custom covers cannot be returned due to the heavily customized nature of the work. However, every custom package includes opportunities to revise the cover to suit your needs.