You can also find these Terms & Conditions by pressing the Terms button at the bottom of the Books Butterfly Order Page. You can also use the direct link to the Terms of Service page.
***Terms & Conditions for Use of the Books Butterfly Book Promotion Service***
Disclaimer/Limitation of Liability
1. You, the user, acknowledge that the Books Butterfly Book Promotion Service may not be free from defects and may not satisfy all of your, the user's, needs. In no event will 7 Dragons, Books Butterfly, or any of their subsidiaries or affiliates, be liable for direct, indirect, incidental or consequential damage or damages resulting from any errors in the Books Butterfly Book Promotion Service, including but not limited to price errors, app errors, software errors, wrong prices being listed, wrong prices being shown, books being missed, free books becoming paid, book deals having price increases, site unavailability, email newsletter failure, blog unavailability, app unavailability, stops or gaps in deal updates, stops or gaps in app updates, and other errors or service interruptions.
2. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE Books Butterfly Book Promotion Service IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. 7 Dragons, Books Butterfly's LICENSORS (COLLECTIVELY "7 Dragons & Companies" FOR PURPOSES OF THIS SECTION AND SECTION 4) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 7 Dragons & Companies DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE Service; THAT THE Service WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE Service WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE Service WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER Website or APPLICATION; THAT ANY ERRORS IN THE Service WILL BE CORRECTED; OR THAT THE Service WILL BE AVAILABLE FOR Any Additional Platforms or Devices. NO ORAL OR WRITTEN ADVICE PROVIDED BY 7 Dragons & Companies OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
3. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL 7 Dragons & Companies, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE Books Butterfly Book Promotion Service, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT 7 Dragons & Companies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall 7 Dragons & Companies' total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Service.
4. Limitation of Liability and Disclaimer of Warranties are Material Terms of the 'Terms & Conditions' you agree to when you start using the Books Butterfly Book Promotion Service. You agree that the provisions in these 'Terms & Conditions' that limit liability are essential terms of this License.
5. By using the Books Butterfly Book Promotion Service you agree that Books Butterfly can use snippets from emails you send us as Testimonials to the effectiveness of the Books Butterfly Book Promotion Service. We will in all cases respect your privacy and not use your full name, and will not link to your book - unless, of course, you agree to let us use your name. You also agree that we can use your book's rank change in our Results and Individual Results sections as an example of effectiveness of Books Butterfly Book Promotion Service. Again, your book name will not be used, your full name will not be used, and we will use general rank change and not give precise numbers, so as to maintain your privacy.
6. By using the Books Butterfly Book Promotion Service you agree that
A) Prorated Refund only applies to book promotion slots that include a guarantee. This is clearly stated in both the Terms of Service email sent to you and on the websites - only book promotion slots that guarantee a prorated refund in store credit have a guarantee
B) Prorated refund is only in the form of store credit. There is absolutely no cash refund, regardless of what your results are. Prorated refund is in store credit which doesn't expire and can be used to promote the same book, or any other book
C) You agree that if you misrepresent your book's genres or price history, there is no prorated refund in store credit. There is no prorated refund for paid book promotion slots if your book was ever free or promoted by Bookbub book promotion company
D) You agree that there is no prorated refund for any free book promotion books if your book was ever promoted by Bookbub book promotion company
E) There is no guarantee or prorated refund for any books shorter than 150 pages in length
F) There is no guarantee or prorated refund for any books that are permanent free if you don't let us know BEFORE the promotion that the book is permanent free
7. By using the Books Butterfly Book Promotion Service you agree to all the Terms of Service listed here and also the Terms of Service emailed to you after you buy a slot. Guarantee and slot and dates for a book promotion can only be decided after we evaluate and schedule your book. Therefore part of the Terms of Service can only be emailed after you have bought the slot. Using the Books Butterfly Promotion Service means you agree to both sets of Terms of Service - Terms of Service listed on the website and Terms of Service specific to your book promotion emailed to you. If you disagree to the Terms of Service you can email us at any time 3 days BEFORE the promotion has started for a full refund.
8. By using the Books Butterfly Book Promotion Service you acknowledge that
a) The 4.1 Million+ Readers figure applies to total readers that use Books Butterfly products and services
b) The 615,000 Daily Active Readers figure applies to daily active readers (readers who check every single day)
c) All figures are based on actual figures from App Stores, Twitter Accounts, Email List Accounts, Websites, and other sources. Screenshots are provided at the Proof & Screenshots pages
d) The Daily Active Readers and Monthly Active Readers figures are approximate figures based on our best guess estimates. Number of Daily Active Readers is approximated at 15% of Total Readers - it might be lower (10%) or higher (20%). Number of Monthly Active Readers is approximated at 30% of Total Readers - it might be lower (25%) or higher (35%)
e) Books Butterfly has done best effort estimates using data available to them from app stores and other sources. Books Butterfly is not responsible and has no legal liability for any mistakes made by the App Stores, by Twitter, by Aweber (Email Provider), or by any other 3rd party counting and tracking statistics and users
9. By using the Books Butterfly Book Promotion Service you acknowledge that
a) All disagreements, lawsuits, and class action lawsuits will first be decided by an arbitrator in dispute arbitration in Quebec, Canada
b) In no event shall 7 Dragons & Companies' total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Books Butterfly Book Promotion Service.
c) Any court cases and lawsuits will be judged in Quebec, Canada
d) If your court case is found to be without merit then you will pay Books Butterfly for all legal fees incurred by Books Butterfly
e) If your court case is found to be without merit then you will pay Books Butterfly for defamation and slander, wrongful legal claims, and loss of business due to your court case
10. By using the Books Butterfly Book Promotion Service you acknowledge that
a) What marketing channels your book will be sent to will be decided exclusively by Books Butterfly, based on their 9 years' experience of promoting books
b) Books Butterfly is not promising that your book will be promoted on every channel on every day. Your book will be promoted on different channels on different days, depending on the slot you get, your book's genres, and Books Butterfly's experience and expertise in promoting books
c) Only the guaranteed results are guaranteed. There is no guarantee on anything else. If the guaranteed results are not achieved there is only prorated refund and prorated refund is only in store credit
d) All figures for total readers, daily active readers, and monthly active readers are based on figures shared with Books Butterfly by third parties and are therefore best estimates. Daily Active Readers figures and Monthly Active Readers figures are best guess estimates based on figures reported to Books Butterfly by third party companies. Books Butterfly does not have an in-house analytics team or analytics code and depends on third parties which may or may not be accurate
e) Books Butterfly do not have control over whether or not readers buy a book and Books Butterfly do not have control over when/if book sales are showing by book stores and what lists and search lists and places book stores show a book. You acknowledge that readers and the ebook stores are in no way controlled by Books Butterfly and are the two biggest determinants of your book promotion's results. Books Butterfly only sends out books to readers and shares best guess estimates with you of how many readers will see your book promotion