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L&R Hartley, Disclaimer and Licencing Information

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Multimedia:

Our multimedia CDs have been designed to auto-run under a Windows® environment and have been tested extensively before release. We cannot warranty that these will work under other platfoms (eg. Linux® or Mac®). We have tested the installation and software included on the discs for viruses and functionality. However we cannot be held responsible for any damage to your system caused directly or indirectly by any software and a warning to this effect is included with each package.

Third party programmes such as "demos", freeware and shareware (if included) are supplied "as-is" and we do not have the resources to provide support for these programmes. Any questions you have should be directed to the vendors of these programmes.

If you have problems with the disc that are not related to third party programmes, or if your disc arrived damaged, please contact us with a description of your problem and your contact information. Disks damaged at the time of purchase will be replaced free of charge provided we are contacted immediately. If your purchase was made through a second party, then replacement needs to be requested through that party. If you are NOT happy with your purchase, tell us - if you ARE happy with your purchase, please tell others.

 

Websites/webhosting:

Most free websites managed by L&R Hartley are hosted using advertising-sponsored services such as Yahoo-7 (geocities), Angelfire, 741 com, Motorpride, etc. Although we may use tools such as metatags keywords and ratings or ICRA labelling to steer advertising toward more acceptable media, we have no control over the choice of advertising associated with these free sites. It is at the viewer’s discretion to regard or disregard these advertisements. The appearance of an advertisement on any of our free websites is not necessarily an endorsement of that product or service. (see also our Endorsement statement, below)

Free book promotion websites are for first-time authors only at the discretion of the publisher, however in exceptional circumstances, published authors may be considered. Organisational websites for clubs and associations, etc. are managed at the discretion of L&R Hartley. We not required to give reasons why a free site is or is not provided.

The layout, design, colour-scheme, and graphical/textual components of free websites managed by L&R Hartley are at the discretion of the webmaster. We require a personally-signed permission form before any web content is included. We will provide the necessary form without charge. Changes to web content that differs from the form that has been provided, will require the completion and personal signing of a new form before changes can be put into effect, and then only at the webmaster’s discretion.

In the interests of cultural sensitivity, Australian Aboriginal and Torres Strait Islands users are advised that websites by L&R Hartley may contain names or images of people now deceased.

Although we endeavour to provide a 24/7 web service, we cannot be responsible for the unavailability of any webpage at any given time or delays in the forwarding of correspondence.

If you are happy with a free webpage provided by L&R Hartley, please tell others – include the web address on all your correspondence (e.g. emails) and stationery. If you are NOT happy with a free webpage provided by L&R Hartley, please tell us. We endeavour to keep your webpages up-to-date and fully functioning and rely on others such as yourself to furnish us with feedback and up-to-date information. (If there is a calendar on your free website and it is out-of-date it is usually always because we have not been provided with up-to-date details.)

Webpages are uploaded to the internet through our intranet server located in Sydney, Australia. Therefore they will all have the same IP address of origin (that of our server) and be dated according to Australian Eastern Time Zones

A website may be closed, replicated or moved (to a different address or hosting company) at the webmaster’s discretion.

Due to our continuing programme of design assessment and improvement there may be slight changes in the design and lay-out of some websites. We welcome feedback on these improvements.

Unless your email address is current and functional we cannot be responsible if you are not advised of changes or updates.

The content of websites that we manage is subject to us holding an original signed and completed permission form. These may be obtained using the following links: [Webhosting Form for Authors]   [Clubs and Associations]   [The Writer's Showcase]. If an applicant later wishes to change details on the form after it has been submitted (for example to add a web address), simply fill in and submit another form with a covering letter highlighting the requested change. Be sure to fill in every applicable section on the form.

We will always use the most recently dated form as our authority. If an applicant requests the withdrawal of an item from the www, consider that it takes time to modify websites and the item may not be able to be removed immediately. We recommend printing two copies of the form and retaining one for your reference. If you use a nom de plume or pseudonym, then, on the permission form this becomes part of the title or description of the book. So if your pen name is Nightingale and your real name is Fred Smith, then you are giving permission for the book "'Windy Nights' by Nightingale" and you sign it Fred Smith.

 

Emails:

L&R Hartley emails and any files transmitted with them are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received an email from us in error please advise us and then delete the email from your system.

All out-going emails are scanned by Norton® AntiVirus Software

All incoming emails are automatically distributed to various departments electronically according to key words in the subject line. Emails may be targetted to the correct department by specifying the department or preferred recipient in the subject line.

Emails from the various departments and subsidiaries are now all handled through a single intranet server located in Sydney, Australia (or from a back-up server in located in Canberra, Australia). Therefore irrespective of where emails originated, they may all have the same IP address of origin (that of our server) and be dated according to Australian Eastern Time Zones.

 

Copyright:

All of our publications including web content, promotional material and packaging are subject to copyright (©).

We hold the copyright on the formatted media of books published or beta-published by us, and intellectual property rights remain the material possession of the author. (Intellectual property refers to the text of a manuscript as submitted by an author under his or her name or nom de plume. Copyright defines the protection of the expression of the author’s ideas, not the ideas themselves.)

Apart from the formatting and packaging, we do not hold textual copyright on books that we re-print "with permission" and copyright enquiries for these books must be directed to the copyright holder as detailed on the packaging.

We hold the copyright on books that we publish under Reprint Rights.

Some of our books have a textual component that is public domain, however for these publications we hold the copyright on the formatting.

 

Publishing:

L&R Hartley, as a publisher, reserve the right to accept or reject publications and to choose appropriate formats for individual publications (E.g. bound book, CD-ROM, multimedia, etc.). As full consideration, we agree to provide the author with one free copy of the finished book in the chosen format and also provide reasonable marketing assistance.

Out of courtesy to those submitting manuscripts we will usually choose to give, without charge or prejudice, written practical reasons for the rejection of any manuscripts that are not accepted.

Manuscripts, once sent and if accepted form the kernel and substance of a legally binding contract, effective after a five-day cooling-off period. You will be advised by email if acceptance has taken place. It is important, therefore, that you keep your email address up-to-date and advise of any changes. Please also ensure that any anti-SPAM filters do not block emails from L&R Hartley. Where no email address is provided, advice is by airmail (or local mail) and the cooling-off period is extended to 21 days.

Unless your email address is current and functional we cannot be responsible if you are not advised of changes or updates.

Upon submitting a manuscript for beta publication we agree not to charge the author anything for publication and accept that the author will not exact any charges upon us.

What happens if an author changes his or her mind after the cooling-off period? We have already promised that we will not pressure the author to buy anything from us, and also that the author still holds intellectual property rights on the text of the manuscript and can therefore submit it to other publishers. If an author changes his or her mind after we have only just commenced work on the book but it is incomplete, we may choose to allow the book to be withdrawn without penalty. If extensive work has been done on we may request to be partially fiscally reimbursed for the work done thus far.

Once the book is completed, it can only be withdrawn at the author’s request if we are partially fiscally reimbursed for the work done. Note that this is only a request for reimbursement, however if reimbursement is not made, then we have a legal right to reparations through the sale of copies of the publication. Although the costs of production, contracting artists and artisans, materials, administration, initial print-runs, advertising, etc. may run into several thousands of dollars, in order to provide advance notice, we have chosen that author liability will be limited to $2,000 per publication.

Most beta-published writers whose books are later accepted by main-stream publishers will opt to allow the beta edition to remain on sale until the beta-publisher has recouped production costs. This way it costs the author nothing. If your manuscript is later accepted by a main-stream publisher and you strongly wish for us to withdraw your beta edition, please advise us — we will send you an invoice and withdrawal will be immediately effected upon payment of our withdrawal fee ($2,000, or less - depending on monies recouped to date).

If the book is withdrawn at our request (e.g. because of marketing competition with the same title by another publisher) we will neither require nor will we request reimbursement.

If the book is withdrawn at our request because we have detected plagiarism we reserve the right to legal redress.

For product duplication only, unless by prior arrangement, customer takes onus for copyright.

The use of suppled artwork in published media is subject to us holding an original signed and completed permission form. These may be obtained using the following links: [Artwork Permission]   [Photograph or Voice Permission Designation (Model Release) Form]. We recommend printing two copies of the form and retaining one for your reference. If you use a nom de plume or pseudonym for publishing, you will need to use your real name on the permission form .

In publications that we re-print, publish or betapublish, apart from editorial amelioration we do not change the textual content without the author's written permission.

Unless previously advised, all publications published and beta-published by L&R Hartley and subsidiaries are candidates for Re-print Licences (see below). The issuing of an Author's Reprint Licence takes precedence over the issuing of a Printer's Reprint Licence for that same title. Reprint Licences provide duplication and distribution rights and are not a transfer of copyright or intellectual property rights.

Due to our continuing programme of design assessment and improvement there may be slight changes in the design and lay-out of some products. We welcome feedback on these improvements. Changes that an author requests to finished publications are subject to the conditions outlined on our Publishing Website. If such changes are to take effect, the changes will apply to immediate future manufactured copies of the publication and not to copies already supplied, warehoused or distributed.

We believe in making your new book as well-known and as well-read as possible. When you agree to have a book published in Multimedia Format we see to it that it is also immediately available if required using a reader suitable for PDA, SmartPhone, PalmOs, Psion, Franklin eBookMan, Windows CE, and Windows Mobile. (This may be provided on a separate CDROM). We may also choose to market the book online using this reader and/or others such as Amazon's Kindle, etc. By choosing multimedia you also agreed to the release of reprint licences (see below) that allow for a greater world-wide exposure to your beta edition. (Note: this is not a money-making marketing ploy on our behalf as these time-limited licences are issued free-of-charge — this is solely to increase the exposure of the beta edition.)

 

Reprint Licences:

There are two types of free reprint licence available from L&R Hartley: an Author's Reprint Licence and a Printer's Reprint Licence. Licences are issued at the discretion of L&R Hartley and may be denied if there is a conflict in geographical, fiscal or other boundries.

If it is your own book that you wish to make (have printed or duplicated) and market yourself, and it has been published or beta-published by L&R Hartley, you will need to apply for a free Author's Reprint Licence.

For all other publications, a free Printer's Reprint Licence is required.

What is the difference? An Author's Reprint Licence is royalty free, whereas a Printer's Reprint Licence requires that a royalty is to be paid for each item reprinted/duplicated. The royalty is based upon a pre-determined percentage (currently 2%) of the licence-holder's retail price for the item. We may also occasionally require a random audit at our expense. A portion of this royalty is paid directly to the Author.

The selling price is at the discretion of the licence holder but must not unreasonably undercut an already advertised price.

Licences are issued free for five years. You may continue to sell the product after that time but you must not manufacture any more without applying for a licence renewal. In addition to purchasing a sample of the item from our catalogue, you will need to apply for a personalised computer disk containing the necessary software and layouts for printing labels and colour slipcovers and jackets. (In the case of print media this computer disk includes a personalised printer-ready master of the publication). There is a fee for the provision of Reprint Mastering Kits.

Reprint Mastering Kits are personalised with your name as the reprint licence holder imbedded within the text of the finished product. New Reprint Mastering Kit Disks must be purchased after each five-year period to allow for updating of the master documents to reflect copyright renewal dates. Reprint Licences provide duplication and distribution rights and are not a transfer of copyright or intellectual property rights.

For ease of duplication, DVDs, CD-ROMs and Audio CDs may be supplied in an 'ISO' format which is easily recognised by most CD burners and we may choose to include free ISO to CD Burning Software. ‘ISO’ files must be duplicated ‘as is’ and must not be reverse-engineered.

 

Pricing Structure, Layby, Refunds, etc.:

Follow this link to read our Pricing Policy

Items in our Fee Schedule are subject to change but only prior to commencement of service item, goods invoicing or after the expiry date of any written quotation.

Minimum charges usually only apply when items are invoiced separately. Minimum quantities apply to all pre-specified orders.

For the provision of certain services, additional charges (where applicable) may apply for internet usage on an hourly pro rata basis, travel on a per-Klm. basis, postage & handling based on the value of the order, also for parts & expendables, and may include discretionary fees for quotations for service & maintenance.

We take every care but cannot take responsibility for damage to originals (eg. for laminating).

Laybys: Our layby terms are 2 months, with a 20% deposit. Unless a time extension is requested and approved, if the layby is not completed by the end of the 2 month period the layby will be deleted, the 20% deposit forfeited and any difference refunded in the form of a voucher.

Refunds, exchange and returns: Please ensure that the product is in "as new" condition, and we will be happy to exchange the product for another or a credit voucher for the same amount (excluding Postage & Handling). Refunds will be applied if an indent order is cancelled prior to despatch, otherwise the previous statement applies. Custom made goods (e.g. promotional items) will need to be paid for even if the order is cancelled, however postage and handling charges will be refunded and the items appropriately disposed of. All refunds will be in the form of a credit voucher applied to your account for future purchases. Please note in advance, that we do not provide any refunds in cash. We only provide exchange items or credit vouchers.

 

Endorsement:

L&R Hartley source publications and manuscripts internationally and without regard to an author or illustrator's creed, gender, status, culture or political bias. We have a very strong stand against domestic or gratuitous violence, pornography, sedition, etc. However, we may not, necessarily, agree with the content of, or concepts presented in any publication or product that we either publish or distribute.

Although we provide specific guidelines, we may not necessarily agree with the content of, or concepts presented in items assessed, published or marketed by any of our subsidiaries (E.g. b0okw0rm Publishing House).

As they are not subject to publisher scrutiny, we may not, necessarily, agree with the content of, or concepts presented in items published online by any of our showcase affiliates (E.g. First Chance Publishing).

We have no control over, and therefore do not endorse, the selection of items marketed by any of affiliates (E.g. Amazon, Barnes & Noble, Etc.).

We do not, necessarily, endorse the content of websites linked to ours via webrings or reciprocal banners

The intellectual content, style, concepts, ideas, philosophies, ideologies, theology, thoughts and beliefs of the authors are not modified by the publisher, editor, distributor, or (in the case of multimedia) the electronic engineer, and therefore may reflect only the author's set of beliefs and/or values.

The Letter of Introduction that we provide free for you to duplicate and include with your Query Letter and manuscript when you send them to other potential publishers (a 197k PDF which may be downloaded from HERE) is an interactive form (highlight and change the blue lettering for your own, and then click 'print', and note that the red lettering will not print). This is a generic advocation of the potential of the manuscript, not a specific recommendation, commendation or endorsement of the quality, marketability or content. The Letter of Introduction is not designed to replace a Query Letter — you will still need to provide a Query Letter in accordance with each individual publisher's requirements.

In publications that we re-print, publish or betapublish, apart from editorial amelioration we do not change the textual content without the author's written permission.

Although we provide specific guidelines, we may not necessarily agree with the content of, or concepts presented in items edited, co-edited, co-authored or ghost-written by any of our contract staff or agencies.

Promotion, merchandising, distributing or advertising of a product by L&R Hartley is an endorsement of our perception and understanding of the acceptable merchantable quality of the packaged product and it is not necessarily an endorsement of the intellectual, theological, grammatical or philosophical quality of the content.

If we specifically endorse a product's ideological content we will say so and append an appropriate personal signature.

We do, however, accept responsibility for anything that we have specifically written and to which we put our personal name.

When quoting others, we endeavour to provide acknowledgement and references to the source and/or context where available.

 

Language:

The original English version of this document may have been translated into other languages.

In the event of any inconsistency or discrepancy between the English version and any other language version of this document, the English language version shall prevail.

 

Interpretation:

Headings are for convenience only and do not affect any interpretation of this disclaimer. Any use of the singular includes the plural and the converse applies. Any gender reference includes all genders. Unless specifically stated, any reference to dollars and $ refers to Australian currency.

Intellectual property refers to the property of your mind or intellect. In general it can be an invention, trade mark, original design or the practical application of a good idea, however in the context of this document it specifically refers to the text of a manuscript as submitted by an author under his or her name or nom de plume.

Copyright in the context of this document defines the protection of the expression of the author’s ideas, not the ideas themselves.

 

Privacy:

Follow this link to read our Privacy Policy

(Lionel Hartley, PhD)

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