American Real Publishing Company  | Effective Date: January 1, 2023

These Terms and Conditions (“Terms”) govern the relationship between American Real Publishing Company (“Publisher,” “ARP,” “we,” “us”) and the author or client engaging its services (“Client,” “Author,” “you”). By engaging Publisher’s services, submitting a manuscript, making a payment, or approving any deliverable, Client agrees to be bound by these Terms.

1. Client’s Rights & Royalties

At American Real Publishing, your work remains entirely your own. We do not claim or retain any rights to your book; you retain full ownership of your intellectual property. Additionally, you keep 100% of all royalties earned after printing and distribution fees charged by Amazon and IngramSpark.

We facilitate the professional preparation of your book, including editing and production, and deliver it directly to Amazon and IngramSpark for printing, shipping, and distribution. These partners handle all related logistics, ensuring your book reaches readers seamlessly while you enjoy the full financial benefit of your creative efforts.

2. Client Warranties and Representations

Client represents, warrants, and covenants that:

1. Client is the sole author and owner of the manuscript and holds all rights necessary to publish it, or has obtained all required permissions, licenses, and releases in writing.

2. The manuscript and all materials Client furnishes to Publisher are original and do not infringe any copyright, trademark, right of publicity, right of privacy, or other right of any third party.

3. All statements of fact in the manuscript are true to the best of Client’s knowledge, and the manuscript contains no matter that is libelous, defamatory, obscene, unlawful, or otherwise injurious to any person or entity.

4. Where the manuscript describes real persons, events, litigation, businesses, or disputes, Client has independently satisfied itself as to the accuracy of those descriptions and the legal risk of publishing them.

5. Client has disclosed to Publisher any known or threatened claim, demand, dispute, litigation, settlement agreement, non-disclosure agreement, confidentiality obligation, or court order that relates in any way to the subject matter of the manuscript.

6. Client is solely responsible for determining whether any third party content reproduced in the work requires permission, and for obtaining and retaining written permission where required. Client acknowledges that permission is customarily required for song lyrics (including a single line), poetry, photographs, illustrations, cartoons, charts, screenshots, artwork, and substantial excerpts from other copyrighted works, and that no word count or percentage constitutes a safe harbor under the fair use doctrine. Client further acknowledges that use of a real person’s name, likeness, image, or persona on the cover, in the interior, or in any marketing material may implicate rights of publicity or imply endorsement, and Client is responsible for clearing such use. Publisher may, at its discretion, require Client to produce documentary evidence of permission or a public domain determination as a condition of proceeding, but Publisher has no obligation to review, verify, or clear any permission, and Publisher’s failure to request evidence is not a clearance or approval.

These warranties are made as of the date of engagement and are deemed repeated each time Client submits, returns, or approves any manuscript, file, or deliverable. They survive completion, termination, or cancellation of this Agreement.

3. No Legal Advice; Editorial Flags; Assumption of Risk

Publisher is not a law firm and does not provide legal advice. No employee, editor, contractor, designer, or representative of Publisher is acting as Client’s attorney, and nothing said or written by Publisher or its personnel constitutes a legal opinion or a determination that any content is safe, lawful, non-defamatory, or non-infringing.

As a courtesy, Publisher’s editors may flag material that appears potentially defamatory, invasive of privacy, infringing, or otherwise legally risky. Client acknowledges and agrees that:

1. Publisher has no obligation to identify every item of risky content, and the absence of a flag is not an indication that content is safe to publish.

2. The presence of a flag is an editorial observation only and is not legal advice.

3. The decision to publish any content rests solely with Client. If Client elects to proceed with content that Publisher has flagged, or with content Client knows or suspects may give rise to a claim, Client does so knowingly, voluntarily, and entirely at Client’s own risk, and Client expressly assumes all liability arising from that decision.

4. Publisher strongly recommends that Client obtain an independent legal review (a “publishing law read”) from qualified counsel of Client’s choosing, at Client’s expense, before publication of any work that names or is reasonably identifiable as referring to real persons, businesses, or disputes.

No Duty to Review; Non-Reliance. Publisher has no duty to review, screen, investigate, verify, or clear any content for legal risk, and undertakes no such duty by flagging or commenting on any material. Any editorial flag, comment, question, or warning is offered as a courtesy and as an editorial observation only, is not a legal opinion, and is not to be relied upon by Client for any purpose. Client acknowledges that it is not relying on Publisher, its editors, or its personnel for any assessment of legal risk, and that Publisher’s silence on any item of content is not a determination that the content is safe, true, lawful, non-defamatory, or non-infringing.

Mandatory Legal Review for High-Risk Works. Where a manuscript names, describes, or renders reasonably identifiable any real person, business, or entity in connection with alleged wrongdoing, fraud, criminal conduct, litigation, bankruptcy, or misconduct, or where the work touches on any non-disclosure agreement, settlement agreement, confidentiality obligation, or protective order, Publisher may require, as a condition of continuing or commencing work, that Client obtain an independent pre-publication legal review from qualified counsel at Client’s expense and furnish written confirmation of that review to Publisher. Publisher may require that the resulting opinion or clearance letter be addressed to Publisher as well as to Client, and may require that Client obtain media liability insurance naming Publisher as an additional insured.

Right to Require Modification, or to Decline or Withdraw. Publisher reserves the right, at its sole discretion and at any time, to (a) require that specific content be modified or removed as a condition of continuing work; (b) decline to commence, decline to publish, or withdraw from any project for any reason or no reason; and (c) withhold its imprint, name, logo, or branding from any work. Publisher’s exercise of any of these rights does not entitle Client to a refund of any amount paid. Publisher’s failure or decision not to exercise any of these rights is not an approval, endorsement, clearance, or warranty of any content and shall not be construed as such in any proceeding.

4. Manuscript Submission

The manuscript is to be submitted via email as a Microsoft Word document (.doc or .docx file type). One standardized formatting treatment is included at no additional charge for all Word document submissions.

5. Editing Process

American Real Publishing upholds strict guidelines to ensure the integrity and quality of the editing process. To maintain proper formatting and avoid technical issues, authors are required to review our editorial work using a laptop or desktop computer equipped with Microsoft Word. Other devices or software may cause formatting errors, compromising the editorial workflow.

Our editing team provides professional advice and suggestions, adhering to industry-standard editing practices to enhance your manuscript. However, the final creative decisions rest entirely with you, the author. You maintain full control over what content is included in your book, ensuring your vision remains intact.

All editorial feedback, including suggestions, rewrites, and notes, will be provided using Microsoft Word’s Track Changes feature. This ensures full transparency and allows you to retain complete control over the editing process by accepting or rejecting changes at your discretion. Training and support for using Track Changes will be available to you throughout the editing process.

Because final content decisions rest with Client, responsibility for the content of the work remains solely with Client at all times, as further set out in Sections 2, 3, and 12.

6. Production Queue and Turnaround (FIFO)

Publisher schedules editorial, design, and production work on a first in, first out (“FIFO”) basis.

1. Queue entry. Each time Client returns a manuscript to Publisher, at any stage of the editing or design process (including after developmental edit, line edit, copy edit, proofread, interior layout review, or cover review), the manuscript enters Publisher’s production queue at the position corresponding to the date and time it is received, behind all projects already in the queue.

2. No place-holding. A manuscript that is out with Client for review does not hold its prior place in the queue. Time spent awaiting Client’s response, approval, or return of files does not accrue toward Publisher’s turnaround, and the project re-enters the queue at the back upon return.

3. Turnaround estimates are estimates only. Any turnaround time, date, delivery window, or schedule communicated by Publisher, whether verbally, by email, in a proposal, or in a services plan, is a good faith estimate based on queue volume at the time it is given. All such estimates are non-binding, are not guarantees, and are not of the essence. Time is not of the essence with respect to Publisher’s performance.

4. Client delay shifts the schedule. Delays in Client’s responses, approvals, revisions, or payments will delay project delivery, and all downstream milestones shift accordingly at Publisher’s discretion.

5. Queue wait times vary. Client acknowledges that the time between returning a manuscript to Publisher and the resumption of active work on that manuscript depends entirely on the number and size of projects ahead of it in the queue, and may range from several weeks to several months. Publisher does not guarantee any maximum queue wait, and no estimate of queue position or wait time shall be binding on Publisher. Publisher will use commercially reasonable efforts to keep Client informed of its approximate queue position on request.

6. No liability for scheduling. Publisher shall have no liability whatsoever for any loss, cost, expense, or lost opportunity arising from queue wait times or from any delay in delivery or publication, including but not limited to missed launch dates, book signings, speaking engagements, conferences, media appearances, seasonal or holiday sales windows, award submission deadlines, or pre-order dates. Client is solely responsible for building adequate schedule margin into any date it commits to a third party.

7. Cover and Interior Book Design

The book design process at American Real Publishing is highly collaborative, allowing you to provide as much or as little input as you prefer. We offer unlimited revisions within reason to ensure your satisfaction. However, excessive changes or significant shifts in direction that require substantial additional work may incur extra fees, which we will clearly communicate and help you avoid.

Our design services deliver professional, ready-to-publish files that are fully compliant with and guaranteed for acceptance by both KDP (Kindle Direct Publishing), IngramSpark and any other future distribution partner.

Client Approval and Responsibility. Client is responsible for reviewing and approving the book title, subtitle, cover design, cover copy, interior layout, imagery, artwork, and all other design elements before release. Client’s approval, whether given in writing, by email, by electronic sign-off, or by proceeding to publication, constitutes Client’s acceptance of, and adoption of full responsibility for, those elements. This applies equally to elements originated, proposed, suggested, sourced, or created by Publisher. Publisher’s role is to prepare and propose; Client’s approval is what authorizes publication.

8. Titles, Subtitles, and Imagery

Publisher may propose or assist in developing titles, subtitles, taglines, cover concepts, and imagery. Client acknowledges that:

1. Titles and subtitles are not generally protectable by copyright but may implicate third party trademark rights. Client is responsible for satisfying itself that the chosen title and subtitle do not infringe any third party right.

2. Client is responsible for confirming that any image, photograph, illustration, artwork, or likeness Client furnishes to Publisher is properly licensed and cleared for commercial use on and in the book.

3. Where Publisher sources or licenses stock imagery, Publisher will use commercially reasonable efforts to obtain appropriate licenses, but Client’s approval of the final cover constitutes Client’s acceptance of that imagery for publication.

4. Final selection and approval of the title, subtitle, cover, and all imagery rests with Client, and Client assumes responsibility for those selections upon approval.

9. Publication

American Real Publishing partners with Amazon KDP and IngramSpark to facilitate the printing, distribution, and delivery of your book. While we ensure all files meet their technical requirements and work closely with these platforms to streamline the process, certain issues may arise that are beyond our control.

These issues can include, but are not limited to, delays in author copy deliveries, shipping, or publication, as well as rejected publications due to unforeseen content-specific concerns. While we will make every effort to assist in resolving such matters, responsibility for these delays or disruptions rests with the respective partners. To prevent such issues, please review and adhere to the content policies of Amazon KDP and IngramSpark.

Be aware that delays or rejections stemming from non-compliance with these guidelines are beyond our control. We will assist in resolving any issues, but responsibility for adhering to content standards lies with you, the author.

10. Marketing

Publisher will provide marketing and promotional services designed to enhance the visibility of Client’s work to the intended target audience. These services are offered on a fee-for-service basis and include, but are not limited to, promotional campaigns, social media and visual media advertising, press and media outreach, and audience targeting strategies.

Publisher will make every effort to implement high-quality initiatives tailored to the Client’s goals. However, Client acknowledges that results such as audience engagement, visibility, or sales outcomes depend on numerous factors beyond Publisher’s control. As such, Publisher does not guarantee specific results or book sales as part of these services.

Approval and Responsibility for Marketing Materials. All marketing copy, advertising creative, press materials, social media content, book descriptions, and promotional claims are prepared by Publisher in reliance on information, claims, and source material furnished by Client. Client is responsible for reviewing and approving all such materials before deployment, and Client’s approval (or Client’s authorization for Publisher to deploy on Client’s behalf) constitutes Client’s adoption of those materials as Client’s own. Any information or data obtained by Publisher from Client to substantiate claims made in marketing or advertising is deemed “materials furnished by Client.” Client assumes full responsibility for the truth, substantiation, and legality of all claims made about Client, Client’s book, Client’s business, or any third party in connection with any marketing activity, and for compliance with all applicable advertising, platform, and disclosure rules.

11. AI Disclosure Required by Distributors and Retailers

Client must disclose if AI-generated content (text, images, or translations) was used in any of the materials provided for publication. AI-generated images include cover and interior images and artwork. You are not required to disclose AI-assisted content.

AI-generated: text, images, or translations created by an AI-based tool, even if you applied substantial edits afterwards.

AI-assisted: if you created the content yourself and used AI-based tools to edit, refine, error-check, or otherwise improve that content (whether text or images), or if you used an AI-based tool to brainstorm and generate ideas but ultimately created the text or images yourself, it is not necessary to inform us of the use of such tools or processes.

Client is responsible for verifying that all AI-generated and AI-assisted content adheres to all content guidelines, including by complying with all applicable intellectual property rights. Client’s failure to make an accurate AI disclosure is a breach of these Terms, and Client indemnifies Publisher for any claim, takedown, account action, or penalty arising from an inaccurate or omitted disclosure.

12. Indemnification and Hold Harmless

12.1 General Indemnity. Client agrees to indemnify, defend, and hold harmless American Real Publishing Company and its owners, officers, directors, employees, editors, designers, contractors, agents, imprints, and affiliates (collectively, the “Publisher Parties”) from and against any and all claims, demands, actions, proceedings, investigations, losses, damages, liabilities, settlements, judgments, penalties, costs, and expenses (including reasonable attorneys’ fees, court costs, expert fees, and the costs of defense) arising out of or relating in any way to the publication, distribution, promotion, or preparation of Client’s work.

12.2 Scope. Without limiting the foregoing, this indemnity expressly extends to claims arising out of or relating to:

1. the content of the manuscript and the published work, including any allegation of libel, slander, defamation, false light, invasion of privacy, misappropriation of likeness, right of publicity, plagiarism, piracy, breach of confidence, breach of a non-disclosure or settlement agreement, or infringement of copyright, trademark, or any other intellectual property right;

2. the book’s title and subtitle;

3. any cover design, interior design, artwork, photograph, illustration, or imagery used in or in connection with the work;

4. any marketing, advertising, promotional, or publicity activity conducted in connection with the work, including all copy, creative, claims, and placements;

5. Client’s products, services, business, or conduct, including any claim of death, personal injury, or economic loss arising from the use of Client’s products or services;

6. Client’s breach of any representation, warranty, or covenant in these Terms; and

7. Client’s decision to publish content that Publisher flagged, questioned, or recommended be modified, removed, or legally reviewed.

12.3 Materials Originated by Publisher. This indemnity applies regardless of whether the material at issue was originated, proposed, drafted, designed, suggested, sourced, or produced by Publisher, because Client reviews and approves all content, titles, subtitles, cover designs, imagery, and marketing materials prior to release, and Client’s approval constitutes Client’s adoption of that material as Client’s own. Client acknowledges that Publisher acts solely as a service provider preparing materials at Client’s direction and for Client’s approval, and that nothing Publisher prepares is published, deployed, or released without Client’s approval or authorization.

12.4 Carve-Out. The only exception to Sections 12.1 through 12.3 is a claim finally determined by a court of competent jurisdiction to have been caused by Publisher’s own gross negligence or willful misconduct.

12.5 Defense and Cooperation. Publisher may, at its option and at Client’s expense, participate in the defense of any claim with counsel of its own choosing. Client shall not settle or compromise any claim in a manner that imposes any obligation, admission, or restriction on any Publisher Party without Publisher’s prior written consent. Client shall promptly notify Publisher in writing of any claim, threat, demand letter, or legal proceeding relating to the work.

12.6 Survival. The obligations in this Section 12 survive the completion, termination, cancellation, or expiration of this Agreement indefinitely.

13. Limitation of Liability

To the maximum extent permitted by law, the Publisher Parties shall not be liable to Client for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost royalties, lost sales, lost data, loss of goodwill, or reputational harm, arising out of or relating to these Terms or the services, whether based in contract, tort, or any other theory, even if advised of the possibility of such damages.

In all events, the total aggregate liability of the Publisher Parties for any and all claims arising out of or relating to these Terms or the services shall not exceed the total amount of fees actually paid by Client to Publisher under this Agreement.

14. Communication

All communication between American Real Publishing and the author will take place through our preferred platforms, including Zoom, email, and telephone, tailored to your specific needs within reasonable limits.

To ensure your project stays on schedule, timely responses to our communications are essential. Delays in your responses may result in project delivery delays at our discretion, and will place your project into the FIFO queue as described in Section 6.

The editing process is a collaborative effort designed to empower you as a writer to make informed decisions, not to engage in debate. You retain full authority to accept or reject any editorial advice or suggestions as you see fit. However, we reserve the right to withhold branding from any manuscript or designed book that does not meet the standards of our professional workmanship.

All interactions between you and our team must remain professional, respectful, and focused on fostering a productive and collaborative environment. Publisher reserves the right to suspend or terminate services, without refund, in the event of abusive, threatening, harassing, or discriminatory conduct toward Publisher’s personnel or contractors.

15. Intellectual Property

All campaigns, trademarks, service marks, slogans, artwork, written materials, drawings, photographs, graphic materials, film, music, transcriptions, or other materials subject to copyright, trademark, patent, or similar protection created by American Real Publishing become Client’s property upon full payment of all agreed fees and costs associated with their creation and, where applicable, production.

Until full payment is received, the work remains the exclusive property of American Real Publishing. Ownership transfers to Client only once all financial obligations under these Terms and Conditions are satisfied.

Transfer of ownership under this Section does not transfer, reduce, or otherwise affect Client’s indemnification obligations under Section 12, which apply to all materials regardless of who originated them.

Publisher reserves the right to determine and to choose the publishing imprint used on Client’s book, and to withhold its imprint, name, logo, or branding if deemed necessary.

Publisher reserves the right to request a rewrite of Client’s manuscript if the manuscript falls outside Publisher’s standards of complete work. The rewrite will be agreed to in advance by both parties and can be performed by Client or Publisher at Client’s expense.

16. Compensation and Payment Terms

By engaging Publisher’s services, Client agrees to pay all fees associated with the selected services as outlined at the time of purchase or as agreed through correspondence with Publisher. Payment is required in full prior to the commencement of services, unless a payment plan has been offered and accepted by Client.

If a payment plan is agreed upon, Client must adhere to the payment schedule provided by Publisher. Client gives Publisher permission to process the payment card on file in accordance with the due dates outlined within the Author Proposal, Author Services Plan, and/or initial Invoice as an automated payment. If the payment card on file is declined at the time of automated payment, Client will provide an alternative payment method within two (2) business days.

PLEASE NOTE: The merchant descriptor appearing on your credit card statement will be: AR Publishing.

17. Late or Missed Payments; Suspension and Queue Re-Entry

Time is of the essence with respect to Client’s payment obligations.

1. Immediate suspension. If any payment is not received on its scheduled due date, or if a payment method on file is declined and an alternative is not provided within two (2) business days, Publisher may immediately suspend all work on Client’s project, including editing, design, production, marketing, and distribution activity, without notice and without liability.

2. Loss of queue position. Upon suspension, the project forfeits its position in Publisher’s production queue.

3. FIFO re-entry. When the outstanding balance is paid in full and cleared, the project re-enters the production queue at the back, on a first in, first out basis, at the position corresponding to the date and time the payment cleared. Work will resume when the project reaches the front of the queue.

4. No guaranteed restart date. The time before work resumes depends on queue volume at the time the payment clears and may substantially exceed the length of the payment delay itself. Publisher does not guarantee, and shall not be liable for, any resulting delay to delivery, launch, publication, or any date previously estimated or discussed.

5. Schedule shifts. All milestones, delivery estimates, and target publication dates are void upon suspension and will be re-estimated only after the project re-enters the queue.

6. Costs. Client is responsible for any bank fees, chargeback fees, collection costs, and reasonable attorneys’ fees incurred by Publisher in recovering unpaid amounts. Publisher may charge interest on past due balances at the lesser of 1.5% per month or the maximum rate permitted by law.

7. Withholding of deliverables. Publisher may withhold delivery of files, transfer of ownership, and publication of the work until all amounts due are paid in full.

8. Termination for non-payment. If any payment remains outstanding for thirty (30) days or more, Publisher may terminate this Agreement for cause without refund of amounts already paid.

18. Refund and Cancellation Policy

All payments made to Publisher for services are non-refundable. By engaging Publisher, Client acknowledges that services involve substantial time, resources, and creative efforts, which are not recoverable once initiated.

In the event of a cancellation request by Client, Publisher will work collaboratively to reallocate any remaining balance of services toward alternative or adjusted deliverables, ensuring Client receives the full value of their investment.

Publisher reserves the right to terminate services in cases of breach of this Agreement by Client, including breach of the warranties in Section 2 or non-payment under Section 17. In such cases, no refund will be issued, and Publisher may, at its sole discretion, determine if any remaining services can be repurposed to meet Client’s goals.

Client agrees not to initiate a chargeback or payment dispute for services rendered. Any chargeback filed in contravention of this Section is a material breach of this Agreement, and Client shall be responsible for all resulting fees and costs of response.

19. Term

This Agreement shall commence on the date both Publisher and Client execute the Agreement, or on the date Client first submits a payment or a manuscript to Publisher, whichever is earlier, and will remain in effect until all contracted services are completed. Sections 2, 3, 12, 13, 15, 18, 20, and 21 survive termination or completion.

20. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, County of Broome, without regard to principles of conflict or choice of laws, and Client consents to venue and jurisdiction in and by the state and federal courts in the jurisdiction of the Publisher.

The prevailing party in any dispute arising out of or relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs.

21. General

Entire Agreement. These Terms, together with the Author Proposal, Author Services Plan, and any invoices, constitute the entire agreement between the parties and supersede all prior discussions, representations, and understandings. In the event of a conflict, these Terms control on matters of liability, indemnification, payment, and scheduling.

No Guarantee of Results. Publisher makes no representation or warranty regarding sales, revenue, rankings, reviews, media coverage, or commercial success.

Amendment. Publisher may update these Terms from time to time. The version in effect at the time of Client’s engagement governs that engagement, except that Publisher may apply updated Terms to services newly ordered after the update.

Severability. If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

No Waiver. Publisher’s failure to enforce any provision is not a waiver of that provision or of any other provision.

Assignment. Client may not assign this Agreement without Publisher’s prior written consent. Publisher may assign this Agreement to an affiliate or successor.

Force Majeure. Publisher is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, labor disputes, platform or vendor outages, supply chain disruption, illness, or governmental action.

American Real Publishing Company 120 Hawley Street, Binghamton, New York 13901 team@americanrealpublishing.com | 607.343.7864