Introduction and Acceptance of Terms of Use and Service
Welcome to Fiction Profits Academy (“FPA,” “we,” “our,” “us”), a division of Digital Doers. Theseterms and conditions of use and service (the “Terms”) govern your access to and use of thiswebsite, www.fictionprofitsacademy.com (the “Website”) along with other FPA websites that linkto the Website and Terms, and the services offered by FPA and through this Website (the“Services”). We offer the Website and Services to you, the user, conditioned upon youracceptance of all terms and conditions stated herein.
PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ACCESSING ORUSING THE WEBSITE OR OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TOTHESE TERMS AND BEFORE USING FPA’S SERVICES.
Contact us at support@fictionprofitsacademy.com with any questions.
Acceptance of Terms
By accessing and using the Website and/or the Services, you agree to be bound by these Terms.If you disagree with any part of the terms, you should discontinue use of our Services. TheseTerms together with any other terms and conditions provided by FPA in connection with theServices form a legally binding agreement between you and FPA (the “Agreement”).
Website Use
If you use the Website, you are affirming that you have the legal capacity to enter into a bindingcontract with us and have read this Agreement and understand and agree to its terms. Your use ofthis Website and its content is subject to your continued compliance with these Terms.
Use of User Content
By submitting content to the Website and FPA, including, but not limited to reviews, you grant us aroyalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use, display, andmodify your content for FPA’s promotional purposes or any other activity related to FPA’sservices, in FPA’s sole discretion, without compensation. You represent and warrant that you ownor otherwise control all of the rights to the content that you post; that use of the content you supplydoes not violate these Terms and will not cause injury to any person or entity; and that you willindemnify FPA for all claims resulting from content you supply. FPA has the right but not theobligation to monitor and edit or remove any activity or content. FPA assumes no liability for anycontent posted by you or any third-party.
Intellectual Property
All content on FPA’s Website and other sites, including texts, graphics, logos, and materials, andmade available through the Services is protected by copyright, trademark and other intellectualproperty laws and belongs to FPA or its licensors. You are permitted to access the Website and the content for personal, non-commercial use, subject to your adherence to these Terms. Youhereby acknowledge and agree that you shall obtain no ownership rights in any content availableon the Website or through the Services. You further acknowledge and agree that you do notacquire any ownership rights in any material protected by intellectual property laws, including, butnot limited to the Services or the content therein. You may not copy, modify, transmit, reproduce,distribute or republish any content from the Website or the Services. Any unauthorized use of thecontent from the Website and Services may violate intellectual property rights or other applicablelaw and could result in criminal or civil penalties.
User Conduct
You agree to use the Website and Services responsibly and legally. You agree not to use theWebsite and Services in any manner harmful to FPA. Unauthorized use of the Website’s content,including reproduction, modification, or distribution, is strictly prohibited.
Limitation of Liability and Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FPA, ITS AFFILIATES,OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, ORDIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, YOURUSE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENTON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOTLIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSSOF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSSOF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IFFORESEEABLE.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES IS AT YOUR OWN RISK.THE WEBSITE, ITS CONTENT, AND ANY SERVICES ARE PROVIDED ON AN "AS IS" AND"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS ORIMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANYMAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THECOMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OFTHE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NORANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THEWEBSITE, ITS CONTENT, OR ANY SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE ORTHE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR THE QUALITY THEREOFWILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FPA ASSUMES NORESPONSIBILITY FOR THE CONTENT OR FUNCTIONALITY OF ANY NON-FPA WEBSITE TOWHICH WE PROVIDE A LINK.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OROTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFMERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
INDIVIDUAL RESULTS FROM THE SERVICES WILL VARY FROM USER TO USER. FPADOES NOT PROMISE, GUARANTEE, OR WARRANT YOUR SUCCESS, INCOME, OR SALESFROM YOUR USE OF THE SERVICES. THOSE WHO PURCHASE OUR SERVICES WILLRECEIVE ACCESS TO OUR PROGRAMMING. HOWEVER, WE DO NOT GUARANTEE YOURSUCCESS AND BASED UPON MANY MARKET FACTORS THAT WE CANNOT CONTROL.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDEDOR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless FPA, its affiliates, licensors, and serviceproviders, and its and their respective officers, directors, employees, contractors, agents,licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages,judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arisingout of or relating to (i) your violation of these Terms or your use of the Website, including, but notlimited to, your user content submitted on the Website, any use of the Website's content orServices, (ii) your use of any information obtained from the Website, or (iii) your violation of anylaw or the rights of a third-party.
Governing Law and Dispute Resolution
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement, oryour access or use of the Website or Services, are governed by the laws of the State of Delaware,without giving effect to its conflicts of laws principles. Any disputes related to this Agreement, theWebsite or Services will be resolved exclusively in the state and federal courts of Delaware.
Amendments
FPA reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version ofthese Terms here. Use of the Website after such changes constitutes acceptance of suchchanges. Any new features or tools which are added to the current Website shall also be subjectto the Terms.
Service Terms
We commit to doing the heavy lifting to assist with your success in FPA’s partnership model. TheServices involve providing you with a winning book topic, access to our pre-vetted, low-costexperts, and dedicated coaching by successful Kindle publishers. Here’s how the financial andoperational aspects of the Services work:
- Royalty Sharing: For the first year of post-publication of each book pursuant to theServices, you agree to share five percent (5%) of the Kindle royalties earned from yourbooks with FPA.
- Expense Tracking: FPA will provide you with detailed, step-by-step instructions on how totrack your expenses in a straightforward manner. This ensures that all financial aspects ofthe book publishing process are transparent and easily manageable.
- Profit Calculation and Payments:
○ After your expenses have been paid, FPA will help compile a Profit and Loss (P&L)statement.
○ You will mail a check for our five percent (5%) of the profits by the fifteenth (15th)day of the following month after the first year of post-publication of each book toallow proper time for accurate financial compilation and review.
○ Focus on Success: Our team invests its expertise and resources to assist withmaximizing your profits quickly, aligning our success directly with yours.
○ Duration and Scope: This partnership model covers only the first year of post-publication of each book you release pursuant to our Services. After the first year,all profits from each book are yours alone.
By using and accessing the Services, you agree to the terms outlined above and herein, ensuringa mutual commitment to success and transparency in handling financial aspects of the provisionof the Services.
Refund and Satisfaction Guarantee Policy
At FPA, we stand behind the effectiveness of our programs and are committed to your success.Below are the details of our refund policy
- Refund Eligibility: To qualify for a refund, you must fully engage with our program. Thisincludes publishing an ebook of at least 30,000 words on Amazon using the FPA systemwithin 6 months of enrollment in the Services. Demonstrating that you have implementedour strategies is crucial for refund eligibility
Refund Conditions
- Initial Period: If you believe the program is not the right fit, you may request a refund within6 months of your enrollment date in the Services, provided you have published your ebookand can demonstrate that you have adhered to the FPA process.
- Non-Refundable Circumstances: Refunds will not be issued for any other reason than asspecified herein such as technical comprehension issues, personal health problems, orbuyer's remorse.
- Refund Request Process: To initiate a refund, please contact our support team atsupport@fictionprofitsacademy.com with your publication details and a clear explanationof why the program did not meet your expectations.
- Local Regulations: We encourage you to review any applicable local or state guidelinesregarding online purchases and refund entitlements as these may vary by location
- Policy Amendments: FPA reserves the right to modify this refund policy at any time, withchanges effective upon posting. Please review our terms regularly to remain informed ofyour rights.
By enrolling in FPA’s Services and using the Website, you acknowledge and agree to theseTerms, including our Refund and Satisfaction Guarantee Policy.
Waiver
No waiver by FPA of any of the provisions of this Agreement shall be effective unless explicitly setforth in writing and signed by FPA. Except as otherwise set forth in this Agreement, no failure toexercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreementshall operate or be construed as a waiver thereof, nor shall any single or partial exercise of anyright, remedy, power, or privilege hereunder preclude any other or further exercise thereof or theexercise of any other right, remedy, power, or privilege.
Assignment
You shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of itsobligations under this Agreement without the prior written consent of FPA. Any purportedassignment or delegation in violation of this Term shall be null and void
Assignment
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid,illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall notaffect any other term or provision of this Agreement or invalidate or render unenforceable suchterm or provision in any other jurisdiction.