Last updated: (June 19, 2018)
This page describes the terms and conditions that govern your use of the cover design services facilitated by the Hidden Gems (“us”, “we”, or “our”) website, http://www.hiddengemsbooks.com (the “Site”), and provided by a cover artist (the “designer”).
Access to and use of all cover design services is conditional upon your acceptance of and compliance with the following terms.
1. General Rules
1.1 If you choose to use the Site, any of the features of this site, or make purchases via the site, including but not limited to cover design services (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service.
1.2 We may change, add or remove portions of these Terms of Service at any time, with or without notice, which shall become effective immediately upon posting to this page. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to abide by any changes.
1.3 You may not attempt to access or use the Site or the Services to take any action that could harm us or any third party. You may not access parts of the Site or the Services to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access, or do anything that could disable or damage the functioning or appearance of the Site.
1.4 We may change, suspend or discontinue any aspect of the Site or the Services at any time.
2. Using the Services
2.1 The start of cover design services is dependent on a 50% non-refundable deposit, and the remaining balance will be due before delivery of finished cover art.
2.2 Covers will be delivered within a maximum time frame of five days, unless expedited services are purchased.
2.3 Two revisions per order are allowed, but further revisions can be negotiated with the designer. A revision is defined as a proof received by you after delivery of the original proof.
2.4 You are solely responsible for the content of your submissions, including (but not limited to) ensuring that the pen name, title, and series name are all accurate.
2.5 All contact between you and the designer must be initiated via the Site (email@example.com) and any business relationships originating from the Site must continue to be managed by the Site.
2.6 Direct contracts made between you and a designer will cause both to permanently lose future access to the Site, and any pending orders you have for all Services will be cancelled.
2.7 Canadian residents will be responsible for paying applicable sales tax.
3.1 You will receive one (1) high-resolution 2000px x 3000px file in JPG format, one (1) low-resolution 400px x 600px file in JPG format. You will also receive one (1) 3-D render of the cover art (except in the case of a premade cover).
4. Licensing and Copyright
4.1 You agree that the designer will provide stock art and fonts unless otherwise agreed-upon in writing.
4.2 Since stock art licenses are non-transferable, you agree not to make any edits to delivered files, including resizing or use in derivative works, for any files delivered which include stock art or fonts licensed by the designer. Additional deliverables are available for an additional cost.
4.3 The designer holds copyright to all covers and other delivered art. Delivered files are licensed to you for use as-is only. Full copyright transfer is available for an additional cost, and must be negotiated before work begins . Copyright transfer is not available when designer has supplied stock art and fonts.
5. Disclaimer and Limitation of Liability
5.1 The materials on this web site are provided “as is” and without warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law.
5.2 We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the web site will operate uninterrupted or error free, that defects will be corrected or that this web site or the hosting server is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the materials on this web site in terms of accuracy, reliability or fitness for any particular purpose. You assume the entire cost of all necessary servicing, repair or correction.
5.3 Under no circumstances, shall we be liable for any damages, direct or indirect, special or consequential, that result from the use of, misuse of, or the inability to use our web site, any materials contained thereon, or any Services used.
5.4 We make no guarantee, implied or explicit, that using our design Services will lead to an increase in sales or visibility of an author’s book. You agree that Hidden Gems is not liable for any damages, whether perceived or actual, that occur as a result of using our Services.
6.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, without giving effect to any principles of conflicts of law.
6.2 In the event that any of these terms are found to be unenforceable or invalid by a court of competent jurisdiction, such invalid or unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of any other term or condition herein.
6.3 For questions, please email us at firstname.lastname@example.org.