Sponsored Reviews Terms

This Agreement (this “Agreement“) is made on the date accepted and agreed to by the person or entity whose name and address are set forth on the related order form (“Customer” or “you“), for the benefit of Literal Publishing . By agreeing to this Agreement and submitting a request for a review (the “Review“) of a book (the “Book“) by Literal Publishing, Customer hereby irrevocably and unconditionally agrees to the following terms and conditions:

  1. Submission. If Literal Publishing elects to provide the Review, the Review process will begin after Literal Publishing receives full payment, confirmation of Customer’s acceptance of this Agreement and two printed copies or one digital copy of the Book in its final form. The Book may be in electronic or print format (no audiobooks). Literal Publishing makes no guarantee regarding the timing of the completed Review, however, standard reviews are generally completed and returned to Customer within nine weeks to twelve weeks. Upon its acceptance of the submission, Literal Publishing will provide an estimated delivery date of the Review to the email address or mailing address set forth on the related order form. Submissions are not processed on weekends or U.S. national holidays. The submitted copies of the Book shall become the property of Literal Publishing and will not be returned to Customer. Literal Publishing will not accept interim revisions of the Book.
  2. Cancellation and Refusal. You may not cancel this Agreement. Literal Publishing may refuse your submitted request for the Review for any or no reason at any time in the process, regardless of receipt of payment. If Literal Publishing elects not to provide the Review, Customer will be notified of such decision, all copies of the Book will be returned to Customer, and Literal Publishing shall provide a refund for any payments made by Customer in connection with such request for the Review. Upon the completion of the foregoing, Literal Publishing shall be fully released from all obligations to Customer to provide the Review or otherwise.
  3. Price and Payment. The prices charged for the Review purchased under this Agreement shall be Literal Publishing’s then-current charges for the type review set forth on the related order form. Notwithstanding the foregoing, any Book containing 200,000 words or more are subject to additional fees and may require a reasonable extension of time for the completion of the Review. If Customer submits a Book containing 200,000 words or more and declines or fails to pay the additional fees and/or refuses to grant a reasonable extension of time for completion of the Review upon the request of Literal Publishing, the submitted copies of the Book will be returned to Customer and Literal Publishing shall be fully released from all obligations to Customer to provide the Review or otherwise. Payment is due in full upon the submission of the related order form, or, in the case of additional fees required hereunder, on such date indicated by Literal Publishing.
  4. Customer Acknowledgements. Customer hereby acknowledges and accepts that:
  1. Review Process. The Review process is anonymous; Customer will not be informed of the individual chosen to write the Review; Customer cannot specifically choose a reviewer, nor make any requirements regarding the reviewer’s age, gender, race, religion or professional background; Customer shall not receive the reviewer’s personal information under any circumstances; Literal Publishing shall have full control over the selection of the reviewer; and all placement decisions made by Literal Publishing shall be final.
  2. Review Format and Content. The length of the Review will be under the reviewer discretion. It can start from 300 to 2000 words; Literal Publishing will use its best efforts to provide a Review that is impartial and unbiased but not necessarily favorable; although the Book will be evaluated in its entirety, Literal Publishing will use its best efforts to provide a Review which will largely contain summary content of a portion of the Book in an amount sufficient to provide context to the critique without revealing the details of the conclusion of the plot; and the Review may refer to Customer’s prior work(s).
  3. Review Subjectivity. The Review is subjective and shall be based solely upon the reviewer’s review of the content of the Book and reading experience; the reviewer may pass on an opinion in the Review based upon such reviewer’s subjective interpretation of certain aspects of the Book including, but not limited to, the interpretation of the characters or the construct of the Book; and Customer’s intent and the reviewer’s experience in reading the Book may not be aligned.
  1. Publication of Review.
  1. Process. Upon receipt of the Review, Customer may opt to release the Review for Literal Publishing’s publication. Customer must release the Review for Literal Publishing’s publication prior to Customer’s publication, reproduction, or direct or indirect reference to the Review in any medium whatsoever.
  2. Declination and Revocation. Customer may opt to decline the publication of the Review upon delivery thereof; provided, however, that if Customer declines to publish the Review, Customer shall not have the right to publish or reproduce any part of the Review or directly or indirectly refer to the Review or the services provided hereunder in any medium whatsoever. Except as set forth herein, Literal Publishing shall not publish the Review if Customer does not opt to do so after the delivery of the Review. If no other publication, reproduction, or reference to the Review has been made, Customer may request that such Review be removed from Literal Publishing´s site. Customer hereby acknowledges that the published Review cannot be removed from the Literal Publishing, the electronic newsletter or any licensee’s publication or website.
  3. Right to Publish and Promote. Literal Publishing reserves the right to publish and distribute all reviews published on Literal Publishing´s site without limitation. This includes, but is not limited to, publication inLiteral Publishing digital magazine, email distribution of the Review to Literal Publishing´s newsletter subscribers, and distribution of the Review to the licensees of Literal Publishing. Upon the publication or reproduction of any portion of the Review by Customer or any direct or indirect reference to the Review or the services provided hereunder in any medium whatsoever, Customer hereby immediately, automatically and irrevocably grants Literal Publishing the right to publish the Review in its entirety on literalmagazine.com.
  4. No Guarantee. All reviews which are authorized to be published shall appear on literalmagazine.com.
  5. Licensees. Customer acknowledges that Literal Publishing is not responsible for any licensee’s failure to publish the Review in its publication or website. Customer further acknowledges that the licensees of Literal Publishing may change from time to time and there is no guarantee that any entity or website shall be an active licensee of Literal Publishing.
  1. Reproduction of Review.
  1. Ownership of Review; Limited License. Literal Publishing retains exclusive ownership of the Review and owns all intellectual property rights, title and interest in any ideas or concepts related to the Review. If published, Literal Publishing grants Customer a perpetual, non-exclusive, non-transferable, revocable, royalty-free right to reproduce the Review in its entirety or excerpt a portion of it for marketing or promotional purposes only. Literal Publishing reserves the right to revoke such license for any reason. Other than as set forth hereunder or in the Excerpt Policy (as defined below), Customer shall not make any use of any trademark, service marks, trade names, or trade dress of Literal Publishing or its affiliates.
  1. Representations and Warranties; Indemnification. You represent and warrant that (i) you are authorized to submit the Book for a Review, (ii) you have the full power, authority and capacity to enter into this Agreement and to perform your obligations under this Agreement, and (iii) no portion of the Book infringes, violates or misappropriates any intellectual property rights of any other person. Customer irrevocably releases Literal Publishing, its affiliates, employees and independent contractors, and shall indemnify, defend and hold them harmless from and against any and all liabilities, damages, losses, claims, costs and fees (including attorneys’ fees) related to or arising in connection with the Review and any breach, alleged breach or non-performance of any covenant set forth in this Agreement.
  2. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. Literal Publishing specifically disclaims all warranties, express or implied, including, but not limited to, warranties against non-infringement, RESULTS TO BE OBTAINED FROM THE REVIEW and implied warranties of merchantability and fitness for a particular purpose OF THE review OR SERVICES PROVIDED HEREUNDER. LITERAL PUBLISHING PROVIDES ITS WEBSITES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT ANY GUARANTEE OF CONTINUOUS OR UNINTERRUPTED DISPLAY. IN THE EVENT OF INTERRUPTION OF DISPLAY, LITERAL PUBLISHING’s SOLE OBLIGATION WILL BE TO RESTORE SERVICE AS SOON AS PRACTICABLE. Customer has no legal recourse, and may not threaten or commence litigation, if it does not agree with the Review or finds it objectionable. NEITHER LITERAL PUBLISHING NOR ITS INDEPENDENT CONTRACTORS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE REVIEW OR THE SERVICES PROVIDED HEREUNDER EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LITERAL PUBLISHING’S TOTAL LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THE REVIEW OR ANY SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE REVIEW.
  3. Disputes. Customer acknowledges and agrees that no second reviews or refunds will be granted, regardless of the content or nature of the Review. Customer further acknowledges that Customer has no legal recourse, and may not threaten or commence litigation, if it does not agree with the Review or finds it objectionable. All legal fees incurred by Literal Publishing in response to Customer claims or in obtaining injunctive relief hereunder shall be the responsibility of Customer. Revisions of the Review will be considered only if it contains factual errors and shall only be granted in Literal Publishing’s sole and absolute discretion. Literal Publishing reserves the right to sever communications with Customer after a final determination is made by the Senior Editor of Literal Publishing with respect to any dispute related to the Review. If Customer continues to make or attempts to make contact with Literal Publishing employees, agents, or independent contractors after such final determination, Literal Publishing may pursue all available remedies including, but not limited to, injunctive relief or other legal action.
  4. Interpretation of Policy. All matters and questions not specifically covered in this Agreement are subject to the final decision of Literal Publishing.
  5. Miscellaneous.
  1. Assignment; Independent Contractors. Customer may not assign this Agreement. Literal Publishing may assign this Agreement and specifically has the right to engage independent contractors to provide the Review.
  2. Entire Agreement; Severability. This Agreement is the entire agreement between Literal Publishing and Customer regarding the subject matter hereof and supersedes all prior oral or written communications, agreements and understandings between Customer and Literal Publishing. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
  3. Force Majeure. Literal Publishing shall not be responsible to Customer for any failure to perform any of its obligations under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control (a “Force Majeure”). In such event, however, Literal Publishing will promptly notify Customer with written notice of the Force Majeure and the time for performance will be excused for the duration of the Force Majeure.
  4. No Third Party Beneficiaries. Except as set forth in Sections 7, 8 and 9, no provision of this Agreement is intended to create in any person other than the parties hereto any rights or remedies hereunder.
  5. No Waiver. Waiver by either party of any provision, default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. The failure of a party to require performance by the other party of this Agreement will not diminish the right of that party later to require performance of that provision.
  6. Governing Law; Venue. This Agreement shall be construed and interpreted according to the laws of the State of Texas without regard to its conflicts of law provisions and shall be binding upon the parties hereto, their heirs, successors, permitted assigns and representatives. Customer hereby submits to the exclusive personal jurisdiction of the federal and state courts located in Houston , Texas, which shall have exclusive jurisdiction to hear and settle any and all matters involving the parties.
  7. Injunctive Relief. Customer understands that in the event of a breach or threatened breach of Sections 5 and 9 of this Agreement by Customer, Literal Publishing will suffer immediate and irreparable harm for which money alone cannot fully compensate Literal Publishing; therefore, in such event, Literal Publishing will be entitled to obtain injunctive relief from a court of competent jurisdiction (regardless of Section 11.F) to enforce this Agreement without the necessity of proof of actual damage. This Section shall not be construed as an election of any remedy, or as a waiver of any right available to Literal Publishing under this Agreement or the law, including the right to seek damages from Customer for a breach of any provision of this Agreement, nor shall this paragraph be construed to limit the rights or remedies available under applicable law for any violation of any provision of this Agreement.