By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement with respect to our site (SpotWrite.in). SpotWrite.in is owned and operated by SpotWrite Publishing, CIS (P) Mathematical Inventions Firm. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright Policies
The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
3. Deleting and Modification
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
As a condition to use the Platform on SpotWrite.in, the User is required to create an account with us. SpotWrite.in reserves the right to refuse registration of, or cancel a User in its discretion. You agree and accept that, we may contact you via email, phone, sms, fax, to deliver certain service or information you have requested or required.
You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
THE CONTENT, SERVICES, LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
8. Third-Party Website
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
9. Third-Party Products and Services
We may advertise or/ and forward or/ and endorse to/ with/ by third-party linked websites/ service providers/ agencies from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site
To the author website service, SpotWrite uses third party services and websites are hosted on Author Shared servers of SpotWrite, therefore no domain/ DNS/ FTP/ hosting credentials are shared with author for same.
10. Revisions and Errata
The materials appearing on this site could include technical, typographical, or photographic errors. SpotWrite.in does not warrant that any of the materials on its web site are accurate, complete, or current. SpotWrite.in may make changes to the materials contained on its web site at any time without notice. SpotWrite.in does not, however, make any commitment to update the materials.
When you post Content on SpotWrite.in, you keep your copyright, but you grant that SpotWrite.in will provide a service to post, display, copy, and sell that Content within the limitations you set during the online publishing process. We include the lifetime rights of selling the content by reconstructing/ modifying it with the condition of paying back of the fixed amount of profit to You. If you include any information that could be used to identify you, such as your personal phone number, e-mail address or a government-issued ID number, (collectively “Personal Data”) in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize SpotWrite.in to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content. By posting your Content on the site, you grant that SpotWrite.in, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and SpotWrite.in may make minor modifications to the Content for technical reasons. Of course, SpotWrite.in will credit you and/or the original artist, and we will usually ask you first. You further agree that SpotWrite.in may make minor modifications to the Content for technical reasons. By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to SpotWrite.in for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you;
Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
Does not invade any individual’s right of privacy or publicity;
Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
Does not break the law, facilitate the breaking of the law, or violate any applicable regulation or SpotWrite.in rule or policy;
Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, SpotWrite.in cannot guarantee the accuracy, integrity or quality of Content.
SpotWrite.in reserves the right to refuse to permit your publication on the Site of any Content that SpotWrite.in, in its sole discretion, deems in violation of the terms and conditions set forth above. In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity. SpotWrite follows the strict timeline of 30 days for publication of books, if the delay causes due to non-response of author or/ and author fails to supply the input/ information requested in a period of 10 to 15 days, the project may be terminated with or without information to author at sole discretion of SpotWrite, without any refund.
13. Responsibility of content
Users are solely responsible for all the content they publish through SpotWrite.in. Views expressed by Users in their content are their individual views and SpotWrite.in is not responsible for any such views, expressions, ideas, comments, statements and content of the same. SpotWrite.in does not review the contents of a Book or other information provided by the users in any way before they are published. SpotWrite.in does not verify, endorse or otherwise vouch for the contents of any books published here. Users can be held legally liable for the contents of their books and may be held legally accountable if their books include, for example, defamatory comments or material protected by copyright, trademark, patent or trade secret law without the permission of the author or owner. The user agrees to indemnify and hold harmless SpotWrite.in, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising from or in connection with the contents of the author’s book, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members and infringement of intellectual property or other rights.
14. Copyright Infringement and DMCA Policy
As SpotWrite.in asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SpotWrite.in violates your copyright, you are encouraged to notify SpotWrite.in in accordance with SpotWrite.in’s Digital Millennium Copyright Act (“DMCA”) Policy. SpotWrite.in will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. This Agreement does not transfer from SpotWrite.in to you any SpotWrite.in or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SpotWrite.in.
For the Registration of author works for copyright to Govt. of India, SpotWrite didn’t files any of the copyright in behalf of authors, rather it only guides on the procedure of filing copyright.
15. Service Cancellation Policy
Amount once paid to SpotWrite is non-refundable at any case. We may cancel/ terminate your account anytime with our without any reason or information at our sole discretion, without any refund or payment.
16. Shipping and Delivery Policy
Products ordered through website for delivery within India are shipped through our courier partner or Indian Postal Service at our discretion. Shipping to locations outside India is done through Indian Postal Service. International Book Post shipping requires us to ship books in open envelop and is not registered. Therefore, we will not be in a position to provide a tracking number. The shipping time mentioned anywhere on the website are approximate and we can not guarantee them. Customers are recommended to place an order early on if they have a deadline to meet. Apart from the shipping time, the print on demand books also need 4-7 business days for production. Also for eBooks servers stores data only for the period of 15 days, so please secure a copy of the ebook at your system. Shipping charges, includes, posting, packaging, handling, courier/ post, as well as local transit charges also.
17. Cancellation, Replacement & Refunds Policy
Books purchased through SpotWrite.in are printed as they are ordered. Because the books are printed on demand, SpotWrite.in cannot cancel orders, accept returns or provide refunds on these products. SpotWrite.in accepts no responsibility for the quality of the content (including misspelled words, grammatical errors, etc.), its design or overall appearance. Our publishing platform is open to everyone and the authors decide the content and design quality. Our staff does not monitor or check individual content prior to publication through our web site.
If you receive a product with production defect (missing pages, torn corners etc.), we will provide a replacement copy, if complaint is made with photographs of product, delivery package and sticker, highlighting the defect within 24 hours of delivery. Please send an e-mail to [email protected] mentioning your order number and the defect you found. Additional postage charges will be taken by recipient/ receiver only, not by us.
18. Delays in Services
Neither SpotWrite.in (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. SpotWrite.in shall have no responsibility to provide you access to SpotWrite.in while interruption of SpotWrite.in is due to any such cause shall continue. Also note that, authors or customers are always advised not to arrange any event/ gathering or function unless they didn’t receive copies on their hand at their place. We shall not be liable for any damage or loss if you arrange an event prior of receiving the books at your place. We reserve the complete right to change the printing specification (paper color, lamination, etc. ) of books published from our platform, with or without proper notice to author as per market condition, requirement and demand.
The terms of this agreement are exclusively based on and subject to Nagpur, Maharashtra state of India law. You hereby consent to the exclusive jurisdiction and venue of courts in Nagpur, Maharashtra, India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
20. AGREEMENT ADDITION TO ABOVE IN RELATION TO PUBLISHING APPLICABLE TO ALL AUTHORS USING OUR SERVICE PLATFORM
This Agreement is between SpotWrite Publishing and its affiliates (“SpotWrite”) and ALL AUTHORS USING SERVICES OF SPOTWRITE (“Author”) and is effective on the date of submission of work (book) by AUTHOR (the “Effective Date”).
188.8.131.52. SPOTWRITE PUBLISHING – SERVICES
Services to be performed by SpotWrite Publishing will be governed by the Online/ Print invoices on which you have paid for services.
184.108.40.206. DEFINITION OF PACKAGE AND SERVICE COST
The Package/ Service Cost, that the author is paying is actually the cost of books which are purchased by author. All the services, which are in the package are complimentary along with the books and thus are of net worth Zero. The invoice is thus of SALE OF BOOKS. The books being billed to author are thereafter sent to seller sites and other places for selling on behalf of author. We do not charge any commission on this distribution.
220.127.116.11. ANNUAL MAINTENANCE COST
Annual Maintenance Cost (AMC) is the cost required for maintaining the annual, logs, stocks, portfolio, listing of books by SpotWrite. This cost is required to be paid by author on yearly basis for their books published from SpotWrite Publishing platform. This amount is decided by SpotWrite as per their own discretion and author must pay it to continue using our services.
20.2. AUTHOR’S BOOK SALES PAYMENT
Your sales payments are based upon a formula of the Retail Price of your book, the Sales Discount at the time of sale, the Printing Cost, and the SpotWrite Handling Fee. These payments will be governed by the Royalty page on our website. Royalty can be paid to Indian Bank A/C Only.
Royalties amount higher than Annual Maintenance Cost (AMC) or Minimum Account Balance are paid to authors by the ending of financial quarter after the complete audit of sales. In case, they are kept lower than it, they are adjusted with AMC at end of year while renewal of service by author after audit of sales. The royalty is paid by NEFT (National Electronic Fund Transfer) to the author’s INDIAN bank account only. Royalty is paid as per the different packages after specified durations/amounts. The actions on request of manual or advance or prior payments on author requests have sole discretion on SpotWrite.
20.3. RETAIL PRICE
As the Author, you may price your books at ANY retail price. However, we cannot sell your books through our systems unless your retail meets the Minimum Pricing criteria outlined by us which is based on book format and page count. This means that you cannot set a price BELOW the COST of the product and have it sold by SpotWrite. You MAY order units for your personal use AT A DISCOUNTED PRICE. Note that your COST to purchase product is NOT influenced by your RETAIL price. Please reference this Book Pricing and Royalty page:
Minimum pricing criteria are subject to change at any time at the discretion of SpotWrite as market conditions and costs warrant. SpotWrite MAY recommend a price change to the author when minimum pricing criteria change. SpotWrite shall not be liable to pay any consideration including sharing any revenue for the Printed Books which are Distributed for review, advertising, publicity, promotional purpose, samples or such other similar purposes provided that the Author shall not be liable to pay any printing cost of Printed Books Distributed by SpotWrite for such purpose. SpotWrite is not necessarily bound to share/ update the information to author in the same regards.
20.4. AUTHOR UNIT COST
As the Author, you may purchase books from us at economical prices. Your unit cost will be a function of the format of your book as shown and is subjected to change anytime at the sole discretion of SpotWrite
The Author represents and warrants that he or she is the sole author of the Work and is the owner of the copyright to all of its contents; that he or she has not engaged in plagiarism with respect to the Work; that the Work is accurate in all respects, i.e., that if fiction, it represents no real event or person in a way that could be deemed libelous; that if non-fiction, it does not misstate any material fact or omit to state any material fact, the result of which would libel any person or result in a person being placed in a false or damaging light; and that the Work does not infringe upon any statutory or common law right of copyright or privacy of any third party; that he or she is owner of any trademarks and/or trade names associated with the Work; that the Work does not constitute obscenity or hate literature and that the author has the right to enter into this Agreement.
20.6. YOU OWN ALL RIGHTS TO YOUR WORK
The Author acknowledges and agrees that SpotWrite acquires no right of ownership to the Work under this Agreement; that SpotWrite is a provider of limited services only as governed by the invoices on which you have paid for services (i.e., publishing services, editing, printing, sales and fulfillment, and web site development) and assumes no responsibility for reviewing or correcting the content of the Work. Author also agrees that, he is only providing SpotWrite, the raw input/ manuscript and the interior layout designs cover, etc. if prepared by SpotWrite, then it will remain the property of SpotWrite, all time. Author is furthermore not allowed to reprint the formatted/ designed book, in the form, such it indicates to be as printed by SpotWrite or else otherwise to use the cover page prepared by SpotWrite for any other purpose except what conducts as to genuine promotion of book. However, still author own the complete rights on his/ her own content but finalized book content with layout and formatting with cover art cannot be produced by author using any third party service. Author also guarantees not to use the ISBN or cover art or layout in relation to any third party in any way or any manner.
The Author agrees to indemnify SpotWrite and its employees, shareholders, directors, representatives, successors and assigns of and from all and any manner of claims, liabilities, damages, expenses (including reasonable attorney’s fees), awards, and judgments resulting from claims of (i) third parties regarding ownership, libel, slander, plagiarism, privacy, misappropriation, and similar claims arising from publication of the Work; (ii) Author’s breach of any warranty in this Agreement. SpotWrite agrees to notify the Author promptly of any claim for indemnity under this Agreement. SpotWrite may be represented in any proceeding by counsel of its choice; the Author may retain additional counsel at his or her own expense. Any settlement agreement between SpotWrite and a third party regarding a claim covered by the indemnity provisions of this Agreement shall be subject to approval of the Author, which approval shall not be unreasonably withheld.
20.8. TERM AND EXCLUSIVITY
This Agreement is nonexclusive (the Author can enter into other agreements with respect to the Work). The Author retains the copyrigh0t for this Work, and no part of this Agreement diminishes the Author’s rights to this Work.
However by this Agreement Author Grant a Non-Exclusive, Non-revocable and Non-alterable Lifetime rights to SpotWrite to print, reproduce, sell and distribute the book, within or outside India, either alone or else in partnership with other entities as and what seem fit for the condition at its sole discretion, with the condition of paying back the profit share to author. Author has granted SpotWrite a right to representation and take decisions in regards of publishing, releasing and distribution of the book.
SpotWrite follows the strict timeline of 30 days for publication of books, if the delay causes due to non-response of author or/ and author fails to supply the input/ information requested in a period of 10 to 15 days, the project may be terminated with or without information to author at sole discretion of SpotWrite, without any refund.
Fees/ charges paid to SpotWrite related to pre- or post-publication services, such as data entry, composition, and/or corrections or book sales, printing, distribution, etc. are not refundable. Fees related to the publication of supplemental printings, and second and later editions of the Work are also not refundable. If the agreement is terminated by SpotWrite due to a breach by Author of this Agreement, no fees shall be refunded.
All notices to SpotWrite must be sent in writing to its office at SpotWrite Publishing, Nagpur, Maharashtra – 440001. All notices to the Author shall be in writing to the address specified by the Author or/ and through their registered communication email.
20.10. COMPLETE AGREEMENT
This written Contract contains the sole and entire Agreement between the parties and shall supercede any and all other prior agreements between the parties.
20.11. LAW AND VENUE
The laws of the Maharashtra State of India shall govern this Agreement and this agreement shall be construed in accordance with the laws of the Maharashtra State of India, without recourse to conflicts of law principles. Recognizing the expense, distraction, and uncertainty resulting from litigation of disputes which may arise under this Agreement, the parties have agreed that except as specifically provided herein they shall submit any and all disputes arising in any way under this Agreement to SpotWrite Publishing itself, Notwithstanding the foregoing, nothing in this Agreement shall be deemed to deprive a party of the right to equitable relief in a court of competent jurisdiction respecting rights to its intellectual property or use thereof under this Agreement. Any proceeding under this paragraph shall be brought in the courts and jurisdiction in Nagpur, Maharashtra, India. A judgment may be entered in a court of competent jurisdiction based on any award rendered in arbitration or other proceeding conducted by the parties pursuant to this paragraph.