Terms of Service

Last Updated: 7/22/2026

Our aim is to keep these Terms of Service as readable as possible. In some cases, however, legal terminology is necessary.

These Terms of Service apply both to your use of the Book Candy Studios website and to any products or services you purchase from Book Candy Studios.

These Terms of Service are entered into by and between you, whether acting individually or on behalf of a business or other entity (“you” or “Customer”), and Book Candy Studios (“Book Candy Studios,” “BCS,” “Company,” “we,” “our,” or “us”).

These Terms of Service, together with any documents expressly incorporated by reference, govern:

  1. Your access to and use of bookcandystudios.com, including any content, functionality, and services offered on or through the website (the “Website”); and
  2. Your purchase and use of any products, digital products, creative services, video-production services, or other Deliverables provided by BCS.

Please read these Terms of Service carefully before using the Website or purchasing our services.

By accessing or using the Website, placing an order, engaging BCS to provide services, checking a box indicating your acceptance, clicking a button indicating your agreement, or otherwise electronically accepting these Terms of Service when that option is made available, you accept and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms of Service, you must not access or use the Website or purchase our services.

By accessing or using the Website or purchasing our services, you:

  1. Accept and agree to be bound by and comply with these Terms of Service;
  2. Represent and warrant that you are of the legal age of majority under applicable law and have the legal capacity to enter into a binding agreement;
  3. Represent and warrant that, when acting on behalf of a business or other entity, you have the authority to bind that entity to these Terms of Service; and
  4. Agree that if you access the Website from a jurisdiction where such access is not permitted, you do so at your own risk.

Your electronic acceptance of these Terms of Service has the same legal effect as a handwritten signature to the maximum extent permitted by applicable law.

BCS may retain records documenting your acceptance, including:

  1. The date and time of acceptance;
  2. The version of the Terms of Service accepted;
  3. The order or transaction associated with the acceptance;
  4. The method through which acceptance was provided; and
  5. Other information reasonably necessary to document the transaction.

You agree that routine order confirmations, Project communications, invoices, receipts, and other transactional communications may be provided electronically.

Nothing in this section limits any right to receive a record in another form when required by applicable law.

For purposes of these Terms of Service:

  1. “Active Production” means the period beginning when BCS starts Project-specific work and ending on the Project Completion Date, excluding any period during which the Project is suspended or placed on hold.
  2. “Customer Materials” means photographs, videos, illustrations, book covers, manuscripts, logos, trademarks, recordings, text, music, personal information, or other materials supplied by or on behalf of the Customer.
  3. “Deliverable” means a completed video, image, design, file, or other final creative product officially delivered by BCS to the Customer.
  4. “Project” means the creative, production, editing, or related services performed by BCS in connection with a Customer’s order.
  5. “Project Completion Date” means the date on which the Customer gives final approval and BCS delivers the official final Deliverable files.
  6. “Working Files” means source files, project files, editable files, prompts, drafts, unused concepts, individual media assets, production files, and other materials used to create a Deliverable.

We may revise and update these Terms of Service from time to time in our sole discretion.

Changes become effective when posted and apply to subsequent access to and use of the Website and to orders placed after the revised Terms of Service become effective.

Continuing to use the Website or making a subsequent purchase after revised Terms of Service are posted means that you accept and agree to the revised terms.

Revised Terms of Service will not retroactively modify the terms governing an order already accepted by BCS unless:

  1. The change is required by applicable law; or
  2. The Customer and BCS agree to the change in writing.

Changes to third-party tools, service providers, software, production methods, or licensed assets do not, by themselves, constitute amendments to the Terms governing an existing order.

BCS may make reasonable substitutions to tools, providers, production methods, or licensed assets when necessary because of:

  1. Third-party availability;
  2. Licensing restrictions;
  3. Technical changes;
  4. Platform requirements; or
  5. Other circumstances outside BCS’s reasonable control.

BCS will not materially reduce the Customer’s purchased Deliverables or permitted-use rights through such a substitution without providing, as reasonably appropriate under the circumstances:

  1. A substantially comparable alternative;
  2. The Customer’s written agreement;
  3. A credit; or
  4. A refund for the affected portion of the Project that BCS cannot provide.

You are responsible for reviewing this page periodically so that you are aware of changes that may apply to future Website use or purchases.

You may use the Website only for lawful purposes and in accordance with these Terms of Service.

You agree not to:

  1. Use the Website in a manner that violates applicable federal, state, local, or international law or regulation;
  2. Provide false, misleading, fraudulent, incomplete, or unauthorized information through the Website;
  3. Impersonate or attempt to impersonate BCS, a BCS employee, another user, or another person or entity;
  4. Use the Website in a manner that could disable, overburden, damage, impair, or interfere with its proper operation;
  5. Attempt to gain unauthorized access to the Website, its server, payment systems, accounts, databases, or connected systems;
  6. Introduce viruses, Trojan horses, worms, malicious code, or other technologically harmful material;
  7. Use a robot, spider, scraper, artificial intelligence system, automated process, or other automatic means to access, monitor, extract, train upon, or copy Website materials without BCS’s prior written permission;
  8. Copy, monitor, or extract Website materials through a manual process for a purpose not expressly authorized by these Terms of Service;
  9. Use Website forms, checkout systems, payment systems, email addresses, or communication tools to transmit spam, fraudulent requests, malicious content, or unauthorized solicitations;
  10. Attempt to interfere with another person’s use of the Website;
  11. Circumvent or attempt to circumvent a Website security, access-control, payment, or technical restriction; or
  12. Engage in conduct that may reasonably harm BCS, its customers, its service providers, or the public.

BCS may suspend or terminate Website access and take appropriate legal or technical action in response to suspected unlawful, fraudulent, malicious, or unauthorized use.

The Website and its contents, features, and functionality, including its software, text, graphics, images, videos, audio, design, arrangement, and selection, are owned by BCS, its licensors, or other providers of such material.

These materials are protected by applicable copyright, trademark, trade-secret, and other intellectual-property and proprietary-rights laws.

You may access and view Website materials for your personal or internal business use in connection with evaluating or purchasing BCS services.

You must not, without BCS’s prior written permission:

  1. Reproduce, distribute, republish, sell, license, publicly display, or commercially exploit Website materials;
  2. Modify Website materials or create derivative works from them;
  3. Use Website images, videos, audio, graphics, or other creative assets separately from their accompanying context;
  4. Remove or alter copyright, trademark, attribution, or proprietary-rights notices; or
  5. Use Website materials to train, develop, test, or improve an artificial intelligence model.

Temporary browser caching and printing or downloading a reasonable number of Website pages for personal reference are permitted.

No right, title, or interest in the Website or its content is transferred to you. All rights not expressly granted are reserved by BCS and its licensors.

The Website may contain links to third-party websites, services, or content for your convenience.

BCS does not control or endorse third-party websites or content and is not responsible for their availability, accuracy, security, policies, products, or services.

If you access a third-party website or service, you do so at your own risk and subject to the applicable third party’s terms and policies.

You may be required to purchase or pay a fee to access our products or services.

BCS accepts PayPal and any other payment methods displayed during checkout. BCS does not guarantee the continued availability of any particular payment method.

You agree to provide current, complete, and accurate purchase and account information and to update that information as reasonably necessary to complete your purchase or allow BCS to contact you.

Applicable sales tax may be added to the purchase price. Unless otherwise stated, all payments must be made in United States dollars.

You agree to pay all charges and fees at the prices in effect when your purchase is made. You authorize BCS and its payment processors to charge your selected payment method for those amounts.

Your use of a payment service is also subject to the payment provider’s applicable terms and policies.

BCS may correct pricing, description, or checkout errors, including after an order has been submitted or payment has been requested or received.

Full payment is required before BCS begins production on a Project unless BCS agrees otherwise in writing.

7.1 When Work Begins

Work is considered to have begun when BCS performs any Project-specific activity, including:

  1. Reviewing Customer Materials;
  2. Conducting research;
  3. Developing a concept or creative direction;
  4. Writing or editing a script;
  5. Sourcing or selecting assets;
  6. Creating or rendering characters;
  7. Generating images, video, audio, or other content;
  8. Designing, compositing, animating, or editing;
  9. Preparing a draft or preview; or
  10. Performing another Project-specific production activity.

7.2 Refunds After Work Begins

Except where a refund, cancellation right, or other remedy is required by applicable law, once BCS has begun work on a Project, payments for that Project are nonrefundable.

No refund will be issued solely because the Customer:

  1. Changes their mind;
  2. Decides not to use the Deliverable;
  3. Disagrees with a previously approved creative direction;
  4. Fails to provide requested materials, feedback, or approval;
  5. Stops communicating with BCS;
  6. Rejects a Deliverable after previously approving relevant drafts or creative elements; or
  7. Experiences rejection or poor performance on a third-party advertising or distribution platform.

7.3 Cancellation by BCS

BCS reserves the right to refuse or cancel an order.

If BCS cancels an order before beginning work, BCS will return any payment collected for the unstarted Project, except where the cancellation results from suspected fraud, payment reversal, misuse, unlawful activity, or another circumstance legally permitting BCS to retain the payment.

If BCS cancels a Project after work begins for reasons unrelated to the Customer’s breach and cannot provide the purchased services, BCS will refund the portion of the payment reasonably attributable to work not performed.

7.4 Payment Disputes and Chargebacks

The Customer should contact BCS regarding a disputed charge before initiating a chargeback when reasonably practicable.

Initiating a chargeback, payment dispute, or payment reversal does not eliminate the Customer’s responsibility for a valid payment obligation.

BCS may suspend production, support, or delivery while a payment dispute, chargeback, payment reversal, or related investigation is pending.

Nothing in this subsection limits any non-waivable right available to the Customer under applicable law or the rules of the applicable payment provider or card issuer.

8.1 Project Scope

The scope of a Project is determined by:

  1. The product, package, or custom service purchased by the Customer;
  2. The applicable package description in effect on the date of purchase;
  3. The order confirmation or invoice; and
  4. Any written custom Project description expressly accepted by BCS.

The purchased Project may specify:

  1. The type and number of Deliverables;
  2. Approximate runtime or format;
  3. Included creative and production services;
  4. Included export formats;
  5. Intended use;
  6. Support or update services; and
  7. Other package-specific features.

The order-of-precedence provisions in Section 21.3 govern any conflict among documents describing the Project scope.

8.2 Out-of-Scope and Custom Requests

Requests for work, services, or Deliverables not included in the purchased package are outside the Project scope.

A request may be outside the Project scope when it would require:

  1. An additional Deliverable;
  2. A different product or package;
  3. A materially different concept or Project after production has begun;
  4. A runtime, format, or production method not included in the purchased package;
  5. New work after final approval and delivery, other than support or updates expressly included with the package;
  6. Individual media assets, source materials, or Working Files; or
  7. Other custom production services not included in the original order.

Customers interested in an out-of-scope request must discuss the proposed idea or creative vision with BCS in advance.

BCS will evaluate custom requests individually and may provide a separate price, production schedule, and written scope. BCS is not required to accept an out-of-scope or custom request.

8.3 Production Schedule

The Project schedule and estimated delivery timeline depend on:

  1. BCS’s production schedule and availability;
  2. Project complexity;
  3. Customer responsiveness;
  4. Timely delivery of complete Customer Materials;
  5. Timely review and approval of drafts;
  6. Requested revisions; and
  7. Availability and performance of third-party tools and services.

Unless BCS expressly agrees otherwise in writing:

  1. Production and delivery dates are good-faith estimates rather than absolute guarantees;
  2. Projects involving multiple Deliverables will be produced sequentially rather than simultaneously;
  3. A delay affecting one Deliverable may affect later Deliverables in the same order; and
  4. BCS is not responsible for delays caused by incomplete Customer Materials, delayed Customer responses, revisions, or circumstances outside BCS’s reasonable control.

8.4 Customer Timeline and Response Obligations

Before production begins, BCS and the Customer may agree upon a desired production schedule or completion target.

The Customer acknowledges that BCS’s ability to meet a requested timeline depends upon the Customer providing materials, feedback, decisions, and approvals within a timeframe reasonably consistent with the agreed schedule.

For example, when a Customer requests completion within a two-week period, the Customer must review and respond to drafts promptly enough to permit BCS to complete the remaining production work during that period.

BCS is not responsible for missing an agreed or requested completion target when the Customer:

  1. Delays providing Customer Materials;
  2. Does not respond to a draft, question, or approval request within a reasonably timely manner;
  3. Requests revisions requiring additional production time;
  4. Changes previously approved materials or decisions; or
  5. Otherwise prevents BCS from proceeding according to the anticipated schedule.

A Customer delay may result in a corresponding extension of the Project schedule.

8.5 Unlimited Revisions During Active Production

BCS does not charge the Customer based upon the number of edit rounds.

Subject to the purchased Project scope, the Customer may request unlimited revisions during Active Production.

“Unlimited revisions” means that BCS does not impose a separate fee solely because the Customer submits an additional reasonable revision round. It does not entitle the Customer to unlimited separate Deliverables, unlimited alternative versions, or production work outside the purchased Project scope.

Included revisions may involve reasonable requests to alter, replace, or adjust:

  1. Video footage;
  2. Character design or character rendering;
  3. Music;
  4. Trailer text;
  5. Timing or sequencing;
  6. Editing choices; and
  7. Other creative elements included within the purchased package.

Revision requests must:

  1. Be made in good faith;
  2. Remain reasonably related to the purchased Project;
  3. Be sufficiently clear for BCS to understand and perform;
  4. Be consistent with applicable laws, licenses, and technical requirements; and
  5. Be consolidated into a single list for each draft when reasonably requested by BCS.

When multiple individuals participate in the Customer’s approval process, the Customer is responsible for consolidating their feedback before submitting revision instructions to BCS.

Unlimited revisions do not:

  1. Expand the Project beyond the purchased package;
  2. Include additional Deliverables;
  3. Require BCS to provide a different product or service;
  4. Include multiple simultaneous alternative versions for comparison;
  5. Include a fundamentally separate Project or new creative engagement;
  6. Include work requested after final approval and official delivery, except for support or updates expressly included with the package;
  7. Require BCS to fulfill a request it may reject under Section 16; or
  8. Require repeated reconstruction of the Project when the Customer repeatedly reverses previously approved creative decisions and the cumulative effect is a materially different production.

A request to change previously approved material will not automatically be treated as out of scope. However, repeated reversals or cumulative changes that effectively require BCS to recreate the Project as a materially different production may be treated as an out-of-scope request under Section 8.2.

BCS may explain when a request is outside the Project scope and may offer to perform the requested work as a separately priced custom Project.

Revision requests and changes to previously approved material may extend the Project schedule.

8.6 Review and Approval

BCS may provide concepts, scripts, drafts, previews, character designs, music selections, footage, artificial intelligence-generated assets, or other Project materials to the Customer for review.

The Customer is responsible for carefully reviewing these materials and identifying requested corrections, objections, or concerns before approving them.

Approval may be given through email, project-management software, text message, electronic messaging, or another written electronic communication used by BCS and the Customer.

The Customer’s approval authorizes BCS to continue production in reliance upon the approved material or creative direction.

When the Customer requests a change to previously approved material, the Project schedule may be extended to accommodate the additional work.

8.7 Final Approval and Delivery

A Project is considered complete when:

  1. The Customer communicates final approval or sign-off; and
  2. BCS provides the official final Deliverable files.

Final approval confirms that the Customer has reviewed and accepted the Deliverable, including:

  1. Trailer text;
  2. Character depictions;
  3. Music;
  4. Footage;
  5. Customer Materials;
  6. Artificial intelligence-generated assets;
  7. Names, titles, quotations, reviews, and other written information; and
  8. The overall creative presentation.

Unlimited revisions end upon the Project Completion Date.

Requests made after the Project Completion Date are governed by Section 9, the applicable package terms, or a separately quoted custom Project.

8.8 Inactive Projects

If the Customer stops communicating with BCS or fails to provide materials, feedback, decisions, or approvals necessary to continue production, BCS may place the Project on hold.

A Project placed on hold will no longer be considered in Active Production until the Customer reestablishes contact and provides the information or cooperation required to proceed.

When the Customer returns:

  1. BCS will make reasonable efforts to resume the Project;
  2. The Project will be scheduled according to BCS’s then-current workload and production availability;
  3. The original production slot or completion target is not guaranteed;
  4. Third-party tools, assets, pricing, licenses, technical capabilities, or service terms may have changed;
  5. BCS may need to replace or revise previously selected production elements because of those changes; and
  6. The Project remains subject to the terms and purchased scope originally applicable to the order, except where modification is required by law, technical necessity, a third-party licensing restriction, or a written agreement between BCS and the Customer.

If a Project remains inactive for twelve consecutive months:

  1. BCS may archive, relocate, compress, consolidate, or delete some or all Project materials;
  2. BCS does not guarantee that drafts, assets, Working Files, software compatibility, third-party services, or prior production methods will remain available;
  3. BCS will make reasonable efforts to resume the Project if the Customer reestablishes contact;
  4. BCS may substitute unavailable assets, tools, or production methods with reasonably comparable alternatives;
  5. Substantial reconstruction, restoration, asset replacement, or conversion work may require a separate fee; and
  6. BCS may provide a separate quote before undertaking such additional work.

Placing or maintaining a Project on hold does not create a right to a refund where work has already begun.

9.1 One-Year Project Support

Unless a different period is expressly included with the purchased package, BCS provides one year of Project support beginning on the Project Completion Date.

During the one-year support period, BCS will provide, without additional BCS production fees, the support, updates, or format-related services expressly identified in the package description in effect when the Customer purchased the Project.

Eligible support may include reasonable updates to an existing Deliverable when the applicable package expressly provides for updates involving matters such as:

  1. Revised book-cover artwork;
  2. Updated review quotations;
  3. Corrected factual information;
  4. Replacement promotional information;
  5. Included format conversions; or
  6. Comparable updates to an existing completed Deliverable.

Included support does not include new stock-media, music, licensing, platform, software, rendering, artificial intelligence generation, or other third-party fees unless the applicable package expressly states otherwise.

BCS will disclose any required third-party charge before incurring it on the Customer’s behalf.

Support does not include:

  1. A new Deliverable;
  2. A new creative direction;
  3. A substantially redesigned or remade trailer;
  4. Services outside the purchased package;
  5. Work made necessary by the Customer’s loss, corruption, or alteration of files after delivery;
  6. Requests that violate third-party licenses or platform requirements; or
  7. Other custom work not included with the package.

The term “upgrade” refers only to a change or service expressly identified by BCS as an included upgrade in the applicable package description.

Unless expressly stated in the package description, one-year support does not entitle the Customer to:

  1. Newly developed production technology;
  2. Newly introduced BCS products or services;
  3. A higher-resolution remaster;
  4. Replacement of all footage, music, or character designs;
  5. Reconstruction using new artificial intelligence models or software;
  6. A new version of the Deliverable; or
  7. Features introduced after the Customer’s purchase.

9.2 File Retention and Archiving

BCS does not retain completed files or Working Files indefinitely.

During the one-year support period, BCS will use reasonable efforts to retain the files necessary to provide the support expressly included with the applicable package.

After the one-year support period expires:

  1. BCS may archive, relocate, compress, consolidate, or delete Project files;
  2. The Customer may contact BCS to request another copy of an available final Deliverable;
  3. BCS does not guarantee that the final Deliverable or any other Project file will remain available;
  4. BCS is not responsible for the loss or unavailability of files after the support period; and
  5. Any retrieval, restoration, conversion, reconstruction, or new production work may require a separate fee.

The Customer is responsible for downloading, storing, backing up, and maintaining the official final Deliverable files after delivery.

9.3 Working Files and Individual Assets

BCS provides the completed composite Deliverable described in the purchased package.

Unless BCS expressly agrees otherwise in writing, BCS does not provide:

  1. Individual stock images or video clips;
  2. Separate music or audio files;
  3. Individual artificial intelligence-generated assets;
  4. Editable character files;
  5. Source files;
  6. Project files;
  7. Prompts;
  8. Templates;
  9. Unused drafts or alternate versions;
  10. Separate design elements; or
  11. Other Working Files used to construct the final Deliverable.

No purchase of a Deliverable includes a transfer of Working Files or individual production assets.

Ownership of Working Files and production materials is addressed further in Section 13.7.

BCS may use third-party artificial intelligence image-generation, video-generation, audio-generation, editing, enhancement, or production tools in connection with a Project.

When BCS uses an artificial intelligence video-generation tool to create video assets for a Project, BCS will disclose the generated video assets to the Customer and provide the Customer with an opportunity to approve them before inclusion in the final Deliverable.

The Customer acknowledges that:

  1. Artificial intelligence outputs may contain unexpected, inaccurate, inconsistent, or unintended elements;
  2. Artificial intelligence outputs may require selection, editing, compositing, retouching, modification, or other human creative work;
  3. Artificial intelligence-generated materials may not be unique;
  4. Similar or identical outputs may be generated independently for other users of the applicable artificial intelligence service;
  5. Availability, operation, quality, and policies of third-party artificial intelligence services are outside BCS’s direct control;
  6. Artificial intelligence providers may change their technology, output policies, licensing terms, privacy practices, or terms of service;
  7. The copyright status of artificial intelligence-generated material may depend upon applicable law, the applicable provider’s terms, and the extent of human authorship or creative contribution; and
  8. A third-party artificial intelligence provider may limit or condition the rights available in generated materials.

BCS does not represent or warrant that every purely artificial intelligence-generated component will independently qualify for copyright protection.

BCS retains its rights in the human-authored selection, arrangement, editing, compositing, modification, and other legally protectable creative contributions made by BCS.

To the extent BCS is authorized to license artificial intelligence-generated components, those components are included within the Customer’s license to use the completed Deliverable under Section 13.

Artificial intelligence services are also governed by the third-party-service provisions in Section 14.

When the Customer provides Customer Materials to BCS, the Customer represents and warrants that:

  1. The Customer owns the Customer Materials or has obtained all licenses, releases, permissions, and authorizations necessary for BCS to use them;
  2. BCS’s possession, reproduction, editing, modification, processing, publication, and use of the Customer Materials in connection with the Project will not infringe or violate another person’s copyright, trademark, publicity right, privacy right, contractual right, or other legal right;
  3. The Customer Materials do not contain unlawful, libelous, defamatory, fraudulent, misleading, or unauthorized content;
  4. The Customer Materials comply with applicable privacy and data-protection laws;
  5. The Customer has obtained all required permission to provide BCS with images, likenesses, voices, personal information, manuscripts, or other materials relating to third parties; and
  6. The Customer Materials comply with the terms of any third-party artificial intelligence or cloud service that BCS may reasonably use for the Project.

The Customer further represents and warrants that any review, testimonial, endorsement, award, ranking, sales claim, quotation, accolade, or other promotional statement supplied by the Customer:

  1. Is authentic and accurate;
  2. Is not false, deceptive, or misleading;
  3. Fairly represents the original statement or source;
  4. Is used with all required licenses, permissions, or authorizations;
  5. Has not been fabricated, materially altered, or taken out of context; and
  6. Includes or is accompanied by any disclosure of compensation, sponsorship, family relationship, employment relationship, or other material connection required by applicable law.

The Customer is responsible for confirming the wording, source, attribution, and continued accuracy of all promotional claims before final approval.

The Customer authorizes BCS to:

  1. Copy, edit, modify, adapt, display, and incorporate Customer Materials into the Deliverable;
  2. Provide Customer Materials to BCS employees, contractors, and production providers;
  3. Upload, transmit, store, and process Customer Materials through third-party artificial intelligence, image, video, audio, cloud-storage, file-transfer, and production services; and
  4. Take other reasonable actions necessary to create, revise, deliver, support, and promote the completed Deliverable as authorized by these Terms of Service.

BCS will take reasonable measures to protect Customer Materials while they are within BCS’s direct control.

However, BCS is not responsible for a data breach, unauthorized disclosure, service failure, privacy violation, or security incident occurring within a third-party cloud, artificial intelligence, storage, payment, communication, or production service, except to the extent directly caused by BCS’s gross negligence or willful misconduct.

The Customer’s obligations concerning claims arising from Customer Materials and promotional claims are governed by Section 15.3.

12.1 Nonpublic Customer Materials

BCS will treat Customer Materials that are not publicly available and that a reasonable person would understand to be confidential as nonpublic Customer Materials.

Nonpublic Customer Materials may include:

  1. Unpublished manuscripts;
  2. Unreleased book covers;
  3. Confidential character designs;
  4. Unannounced titles or publication information;
  5. Private marketing plans;
  6. Personal or business information not made public by the Customer; and
  7. Projects subject to an agreed launch or publication embargo.

BCS will use reasonable care to protect nonpublic Customer Materials and will use them only as reasonably necessary to:

  1. Evaluate, produce, revise, complete, deliver, and support the Project;
  2. Operate or administer the Customer relationship;
  3. Exercise rights expressly granted under these Terms of Service; or
  4. Comply with applicable law.

12.2 Permitted Disclosures

BCS may disclose or provide access to nonpublic Customer Materials to:

  1. BCS employees;
  2. Independent contractors;
  3. Professional advisers;
  4. Artificial intelligence providers;
  5. Cloud-storage and file-transfer services;
  6. Video, image, music, audio, and production providers; and
  7. Other persons or services reasonably necessary to perform or administer the Project.

Such disclosure and processing remain subject to Section 11 and to the applicable third-party provider’s terms, licenses, privacy practices, and security procedures.

BCS may also disclose nonpublic Customer Materials when required by law, legal process, or governmental order.

Where legally permitted and reasonably practicable, BCS will provide notice to the Customer before making a legally compelled disclosure.

12.3 Confidentiality Exclusions

BCS’s confidentiality obligations do not apply to information that:

  1. Is or becomes publicly available through no breach of these Terms of Service by BCS;
  2. Was lawfully known to BCS without a duty of confidentiality before the Customer disclosed it;
  3. Is received lawfully from another source without a duty of confidentiality;
  4. Is independently developed by BCS without use of the Customer’s confidential information;
  5. Is approved for disclosure by the Customer; or
  6. Is incorporated into a completed Deliverable that the Customer has publicly released.

BCS does not accept heightened, fiduciary, regulated, classified, or industry-specific confidentiality obligations unless expressly accepted by BCS in a separate written agreement.

12.4 Launch and Publication Embargoes

BCS will honor a specific launch, publication, or public-release date when:

  1. The Customer communicates the date to BCS in writing;
  2. BCS expressly accepts the embargo in writing; and
  3. The Customer provides the date before BCS publicly displays or promotes the completed Deliverable.

Before an accepted embargo date, BCS will not publicly display the completed Deliverable or use it in BCS advertising or portfolio materials without the Customer’s written permission.

When no specific embargo date has been accepted, BCS will not publicly display the completed Deliverable until:

  1. The Customer publicly releases the Deliverable, book, or related Project; or
  2. The Customer gives BCS written permission to use it.

Following the applicable public release, BCS may exercise its portfolio and advertising rights under Section 13.8.

13.1 Perpetual License to the Customer

Subject to full payment, BCS grants the Customer a perpetual, worldwide, nonexclusive license to use the final Deliverable for the Customer’s own advertising and promotional purposes.

The license is nontransferable except:

  1. As expressly permitted for authorized service providers under Section 13.3;
  2. As expressly permitted for a successor rights holder under Section 13.4; or
  3. Through another assignment approved under Section 21.1.

The license remains subject to:

  1. These Terms of Service;
  2. Restrictions imposed by applicable third-party licenses;
  3. Any use limitations disclosed to the Customer before final approval; and
  4. Applicable law.

If a third-party component is subject to a disclosed duration, geographic, platform, or media limitation, that limitation applies to the Customer’s use of the affected component and Deliverable.

BCS may terminate or suspend the Customer’s license only because of a material violation of this section or another material intellectual-property violation.

When a violation can reasonably be corrected, BCS will provide written notice describing the violation and allow the Customer fifteen calendar days to cure it before terminating the license.

BCS is not required to provide a cure period for:

  1. Willful unauthorized resale;
  2. Willful unauthorized sublicensing;
  3. Fraudulent ownership or copyright claims;
  4. Unlawful use;
  5. A violation that cannot reasonably be cured; or
  6. Conduct creating an immediate and material risk of liability or harm.

Termination of the license does not entitle the Customer to a refund.

13.2 Permitted Promotional Uses

Subject to applicable third-party license restrictions, permitted use may include displaying or publishing the Deliverable through:

  1. The Customer’s website;
  2. Social-media accounts;
  3. Online advertising campaigns;
  4. Book and retail listings;
  5. Email marketing;
  6. Digital press materials;
  7. Author presentations;
  8. Book launches;
  9. Trade shows, book fairs, conventions, and promotional events;
  10. Retail, conference, or presentation displays;
  11. Publisher and distributor promotional channels; and
  12. Comparable promotional channels relating to the Customer’s book, product, brand, or authorized Project.

When a third-party license incorporated into the Deliverable permits a narrower range of uses, the narrower restriction will control.

13.3 Authorized Service Providers

The Customer may authorize a publisher, distributor, retailer, advertising platform, advertising agency, publicist, marketing provider, social-media manager, or other service provider to display, transmit, or distribute the Deliverable solely:

  1. On the Customer’s behalf;
  2. For the Customer’s permitted promotional purposes; and
  3. Within the scope of the license granted by these Terms of Service.

Such authorization does not:

  1. Transfer ownership of the Deliverable;
  2. Permit the service provider to use the Deliverable for its own unrelated purposes;
  3. Authorize the service provider to sell or independently license the Deliverable; or
  4. Constitute an assignment of these Terms of Service.

The Customer remains responsible for the use of the Deliverable by anyone acting on the Customer’s behalf.

13.4 Transfer to a Publisher or Successor Rights Holder

The Customer may transfer the license granted under this section to a publisher, estate, successor author, acquiring company, or other person or entity that lawfully acquires the Customer’s rights in the book or other work promoted by the Deliverable, provided that:

  1. The Customer gives BCS written notice of the transfer;
  2. The transferee agrees in writing to comply with the license restrictions and applicable provisions of these Terms of Service;
  3. All amounts owed to BCS for the Project have been paid;
  4. The transfer does not expand the uses permitted by the original license;
  5. The transfer remains subject to applicable third-party license restrictions; and
  6. The transferee lawfully owns, controls, publishes, distributes, or administers the promoted work.

A permitted transfer under this subsection does not transfer ownership of Working Files, individual production assets, BCS intellectual property, or third-party components.

All other transfers remain subject to Section 21.1.

13.5 Permitted Technical Modifications

The Customer and its authorized service providers may make reasonable technical modifications to the completed Deliverable when necessary for permitted promotional use.

Permitted technical modifications include:

  1. Resizing;
  2. Compression;
  3. File-format conversion;
  4. Transcoding;
  5. Reasonable cropping for platform-specific aspect ratios;
  6. Adding captions or subtitles;
  7. Adding platform-native buttons, links, overlays, or calls to action;
  8. Adding Customer branding that does not obscure or materially alter the underlying Deliverable; and
  9. Creating reasonable short excerpts for the same permitted promotional purposes.

A permitted excerpt must:

  1. Preserve the general nature and context of the original Deliverable;
  2. Not isolate or distribute an individual stock, music, footage, artificial intelligence, or other production component as a standalone asset;
  3. Not create a false, misleading, defamatory, or unlawful impression;
  4. Remain subject to applicable third-party licenses; and
  5. Be used only for the Customer’s permitted promotional purposes.

13.6 Prohibited Uses and Modifications

Unless BCS provides prior written permission, the Customer must not:

  1. Sell or resell the Deliverable;
  2. License or sublicense the Deliverable except as expressly permitted under Sections 13.3 and 13.4;
  3. Transfer ownership of the Deliverable or its license except as expressly permitted by these Terms of Service;
  4. Redistribute the Deliverable as a standalone stock asset, template, production element, or media product;
  5. Use the Deliverable to advertise or promote an unrelated third party, product, service, or Project;
  6. Extract, sell, license, or separately distribute an individual media component from the Deliverable;
  7. Use the Deliverable outside the scope permitted by the licenses applicable to its individual components;
  8. Claim ownership of an individual third-party or artificial intelligence-generated component;
  9. Register or attempt to register copyright in an individual component that the Customer does not own;
  10. Remove, replace, or separately reuse licensed music, footage, images, or other production components;
  11. Materially alter a character, scene, statement, or creative element in a manner that falsely suggests the alteration was created or approved by BCS;
  12. Modify the Deliverable in a defamatory, unlawful, deceptive, or misleading manner;
  13. Remove or alter a copyright, trademark, attribution, or proprietary-rights notice included in the Deliverable; or
  14. Use the Deliverable or an individual component to train, develop, test, or improve an artificial intelligence model without BCS’s prior written permission.

The Customer may publish and distribute the complete Deliverable and permitted excerpts as part of the Customer’s authorized promotional activities.

This permitted promotional distribution does not authorize resale, sublicensing, or redistribution of the Deliverable as a standalone creative asset.

13.7 Ownership of Customer Materials, Components, and Production Materials

As between BCS and the Customer, the Customer retains the rights the Customer holds in Customer Materials.

Except for the licenses expressly granted to BCS under these Terms of Service, no ownership of the Customer’s underlying manuscript, book cover, logo, trademark, or other Customer Materials is transferred to BCS.

A Deliverable may include stock footage, music, photographs, illustrations, fonts, sound effects, artificial intelligence-generated assets, templates, design elements, software-generated effects, or other materials owned or licensed by BCS or third parties.

BCS and its licensors retain all right, title, and interest they hold in those components.

The Customer does not acquire ownership of or an independent license to an individual component solely because it is included within the Deliverable.

The Customer must not claim copyright ownership over an individual stock-media element, music track, photograph, video clip, artificial intelligence-generated component, or other separately identifiable media element contained in the Deliverable.

BCS retains ownership of its:

  1. Production methods;
  2. Workflows;
  3. Concepts;
  4. Prompts;
  5. Templates;
  6. Working Files;
  7. Unused drafts;
  8. Rejected versions;
  9. Editing and compositing techniques;
  10. Proprietary systems; and
  11. Other production materials.

To the extent permitted by applicable law and subject to third-party licenses, BCS retains the rights it holds in the selection, coordination, arrangement, editing, compositing, modification, and other human-authored portions of the Deliverable.

Nothing in these Terms of Service transfers intellectual-property rights owned by a third-party licensor to either BCS or the Customer.

Working Files and individual production assets are not included with the completed Deliverable, as described in Section 9.3.

13.8 BCS Portfolio and Advertising Rights

Subject to Section 12, the Customer grants BCS a worldwide, perpetual, nonexclusive, royalty-free license to display, reproduce, excerpt, publish, distribute, and use a completed Deliverable, in whole or in part, for BCS’s:

  1. Portfolio;
  2. Website;
  3. Social-media accounts;
  4. Demonstration reels;
  5. Advertising;
  6. Sales materials;
  7. Promotional campaigns;
  8. Award submissions;
  9. Educational or behind-the-scenes presentations; and
  10. Other activities promoting BCS and its services.

This license includes the right to display Customer Materials as incorporated into the completed Deliverable.

BCS’s portfolio and promotional use does not:

  1. Transfer ownership of the Customer’s underlying Customer Materials to BCS;
  2. Authorize BCS to separately sell the Customer’s manuscript, book cover, trademark, or other Customer Materials as standalone assets; or
  3. Permit BCS to disclose nonpublic Customer Materials except as incorporated into a publicly released Deliverable or as otherwise permitted under Section 12.

BCS may use or rely upon third-party services in connection with:

  1. Website hosting;
  2. Payment processing;
  3. Communication;
  4. File storage and transfer;
  5. Artificial intelligence generation;
  6. Stock-media licensing;
  7. Video, audio, and image production;
  8. Digital distribution; and
  9. Project delivery.

Artificial intelligence services are additionally governed by Section 10.

Excluding Customer Materials, BCS will use media and other materials that BCS reasonably believes are licensed for their intended use within the Deliverable.

The term “royalty-free” does not necessarily mean that an asset is free of charge. It generally means that recurring royalties are not required for permitted uses after the applicable license has been obtained.

BCS is not responsible for:

  1. Terms, policies, restrictions, or conditions imposed by a third-party service;
  2. Changes made by a third party to its services, licenses, technology, availability, pricing, or policies;
  3. A third-party service outage, suspension, account restriction, or discontinuation;
  4. Refusal by an advertising, social-media, retail, distribution, or publishing platform to accept or display a Deliverable;
  5. Performance or results of an advertising or promotional campaign;
  6. A change in a platform’s technical specifications or content policies after delivery; or
  7. A Customer’s violation of a platform policy arising from the Customer’s use, placement, editing, alteration, or modification of a Deliverable.

The Customer is responsible for reviewing and complying with the terms, content standards, technical requirements, and advertising policies of each platform on which the Customer uses a Deliverable.

BCS does not guarantee impressions, views, clicks, engagement, sales, conversions, rankings, distribution acceptance, advertising approval, or another marketing or commercial result.

The Customer acknowledges that advertising, social-media, video-hosting, retail, and distribution platforms may issue automated copyright, music, Content ID, rights-management, or similar notices even when material has been properly licensed.

An automated notice does not, by itself, establish that infringement or a licensing failure has occurred.

During the applicable one-year support period, BCS will provide reasonable assistance concerning an automated claim relating to a BCS-selected component, including available licensing information or documentation when:

  1. The information is reasonably available to BCS;
  2. Disclosure is permitted by the applicable licensor or service provider; and
  3. The Customer has used the Deliverable within the permitted license.

BCS does not guarantee that a platform will withdraw, release, reverse, or resolve an automated claim.

15.1 General Disclaimer and Customer-Caused Claims

Except for the express commitments specifically stated in these Terms of Service, your use of the Website, its content, and any goods, digital products, services, information, or Deliverables obtained through the Website is at your own risk.

The Website, its content, and all goods, digital products, services, information, and Deliverables are otherwise provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, BCS disclaims implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, and uninterrupted availability.

This disclaimer does not:

  1. Cancel an express commitment specifically stated in these Terms of Service; or
  2. Exclude a warranty or legal obligation that cannot lawfully be excluded.

BCS and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors make no warranty or representation that:

  1. The Website or its content will be complete, secure, accurate, current, reliable, suitable, or continuously available;
  2. Products, services, Deliverables, digital products, information, or items obtained through the Website will be error-free or meet every Customer preference or expectation;
  3. Defects will always be corrected;
  4. The Website, its server, or its content will be free from viruses or harmful code;
  5. Artificial intelligence-generated materials will be unique or independently copyrightable; or
  6. A Deliverable or advertising campaign will achieve a particular promotional, financial, commercial, or creative result.

Except to the extent directly caused by BCS’s gross negligence, willful misconduct, material breach of these Terms of Service, or knowing use of material that BCS knew it was not authorized to use, BCS will not be liable to the Customer for claims arising from or relating to:

  1. Customer Materials;
  2. Customer instructions, representations, warranties, or promotional claims;
  3. A Customer-requested creative element or statement;
  4. The Customer’s modification of a Deliverable after delivery;
  5. Use of a Deliverable outside the license granted under Section 13;
  6. Unauthorized, unlawful, defamatory, deceptive, or misleading use of a Deliverable;
  7. Failure by the Customer or its service provider to comply with a platform’s terms, technical requirements, advertising policies, or content standards;
  8. Use of a Deliverable by a person not authorized under Section 13;
  9. An action taken by a third-party advertising, distribution, hosting, artificial intelligence, or production service; or
  10. The training data, model architecture, development process, or internal operation of a third-party artificial intelligence provider.

Nothing in this subsection eliminates an express obligation specifically assumed by BCS elsewhere in these Terms of Service.

15.2 Limitation of Liability

Except where prohibited by law, the aggregate liability of BCS and its parents, subsidiaries, affiliates, directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors arising out of or relating to these Terms of Service, the Website, an order, a Project, a Deliverable, or any goods, digital products, services, or information will not exceed the greater of:

  1. The amount paid by the Customer for the Project giving rise to the claim; or
  2. The total amount paid by the Customer to BCS during the twelve months immediately preceding the event giving rise to the claim.

This limitation applies regardless of whether liability is alleged under contract, tort, negligence, strict liability, statute, or another legal theory and applies even if a remedy under these Terms of Service fails of its essential purpose.

To the maximum extent permitted by law, BCS will not be liable for:

  1. Indirect damages;
  2. Incidental damages;
  3. Special damages;
  4. Consequential damages;
  5. Exemplary or punitive damages;
  6. Lost profits or revenue;
  7. Lost data;
  8. Lost business opportunities;
  9. Reputational harm;
  10. Advertising losses; or
  11. Losses arising from a third-party service or platform.

15.3 Customer Indemnification

To the maximum extent permitted by law, the Customer agrees to defend, indemnify, and hold harmless BCS and its parents, subsidiaries, affiliates, directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, and reasonable attorneys’ fees arising out of or relating to:

  1. Customer Materials;
  2. A Customer instruction, representation, warranty, or promotional claim;
  3. An allegation that Customer Materials are libelous, defamatory, infringing, unlawful, misleading, or unauthorized;
  4. The Customer’s failure to obtain a required license, release, consent, authorization, or disclosure;
  5. The Customer’s material modification of a Deliverable after delivery;
  6. The Customer’s use of a Deliverable outside the license granted under Section 13;
  7. The Customer’s unauthorized, unlawful, defamatory, deceptive, or misleading use of a Deliverable;
  8. The Customer’s violation of applicable law or a third party’s rights;
  9. A violation of a third-party artificial intelligence service’s terms caused by Customer Materials or Customer instructions;
  10. A violation of a third-party advertising, distribution, retail, payment, hosting, or other platform’s terms caused by the Customer;
  11. Use of a Deliverable by a person acting on the Customer’s behalf outside the permitted license; or
  12. The Customer’s material breach of these Terms of Service.

The Customer is not required to indemnify BCS solely because the Customer used an unmodified Deliverable in the manner expressly authorized by Section 13.

The Customer’s indemnification obligations do not apply to the extent a claim is finally determined to have resulted directly from:

  1. BCS’s gross negligence or willful misconduct;
  2. BCS’s material breach of these Terms of Service; or
  3. BCS’s knowing use of material that BCS knew it was not authorized to use.

15.4 Indemnification Procedure

BCS will provide the Customer with reasonably prompt written notice of a claim for which BCS seeks indemnification, provided that a delay in notice will reduce the Customer’s obligation only to the extent the delay materially prejudices the Customer’s defense.

The Customer may control the defense of the claim using counsel reasonably acceptable to BCS.

BCS may participate in the defense with counsel of its own choosing at its own expense.

The Customer must not settle a claim in a manner that:

  1. Admits wrongdoing or liability by BCS;
  2. Imposes a financial or nonfinancial obligation upon BCS;
  3. Restricts BCS’s business, services, speech, or intellectual-property rights; or
  4. Fails to provide BCS with a full and unconditional release,

without BCS’s prior written consent.

BCS will provide reasonable cooperation in the defense at the Customer’s expense.

If the Customer fails to assume or diligently conduct the defense after receiving reasonable notice, BCS may defend or settle the claim and seek reimbursement for amounts covered by the Customer’s indemnification obligation.

BCS may decline or refuse to use Customer Materials or fulfill Customer instructions or requests that BCS reasonably determines:

  1. Violate applicable law or third-party rights;
  2. Violate the terms or policies of a third-party service;
  3. Create a material legal, ethical, safety, privacy, or reputational concern;
  4. Conflict with BCS’s design methodology, production procedures, technical limitations, or brand identity;
  5. Fall outside the purchased Project scope described in Section 8;
  6. Require BCS to misrepresent ownership, authorship, results, endorsements, reviews, or other material facts;
  7. Include unlawful, defamatory, infringing, hateful, deceptive, sexually exploitative, nonconsensual, or otherwise inappropriate material;
  8. Require a production method, platform, asset, or service that BCS does not use or cannot reasonably provide;
  9. Create an unreasonable risk that the Deliverable will violate a platform policy or third-party license; or
  10. Are otherwise inappropriate for BCS to produce.

BCS’s decision not to use particular Customer Materials or fulfill a particular request does not constitute a breach of these Terms of Service.

BCS may offer an alternative approach or a separately priced custom Project but is not required to do so.

BCS may also suspend or terminate a Project when the Customer engages in:

  1. Fraud or attempted fraud;
  2. Threats, harassment, intimidation, or abusive conduct;
  3. Discriminatory or hateful conduct directed toward BCS personnel or contractors;
  4. Repeated unlawful or unauthorized requests;
  5. Conduct that makes continued performance unsafe;
  6. Material interference with BCS’s operations;
  7. Material breach of these Terms of Service; or
  8. Other conduct that makes continued performance commercially unreasonable.

When reasonably appropriate, BCS may provide the Customer with notice and an opportunity to correct the conduct before terminating the Project.

BCS is not required to provide an opportunity to correct conduct involving threats, fraud, unlawful activity, serious harassment, immediate safety concerns, or another breach that cannot reasonably be cured.

If BCS terminates a Project because of Customer conduct or breach:

  1. The Customer remains responsible for work performed and nonrecoverable costs incurred before termination;
  2. The Customer is not entitled to a refund except where required by applicable law;
  3. BCS may, in its discretion, refund an amount reasonably attributable to work not performed; and
  4. Any license to an incomplete or unpaid Deliverable terminates immediately.

BCS will not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including third-party service outages, internet or infrastructure failures, cyber incidents, natural disasters, severe weather, fire, governmental actions, labor disruptions, war, civil unrest, epidemics, emergencies, illness, or incapacity.

The time for performance will be reasonably extended for the duration and effects of the event.

If such an event makes continued performance permanently or commercially impracticable, BCS may terminate the affected portion of the Project and provide an appropriate alternative, credit, or refund, if any, after accounting for work already performed and nonrecoverable costs already incurred.

18.1 Informal Resolution

Before filing a lawsuit or initiating another formal legal proceeding, a party asserting a dispute, controversy, or claim arising out of or relating to these Terms of Service, the Website, an order, a Project, a Deliverable, or the relationship between the Customer and BCS must provide the other party with written notice describing:

  1. The nature and factual basis of the dispute;
  2. The relief or resolution requested; and
  3. The name and contact information of the person asserting the dispute.

Notice to BCS must be sent using either of the following methods:

  1. By email to info@bookcandystudios.com; or
  2. By delivery to the formal notice address using one of the delivery methods stated in Section 21.5.

BCS may provide notice to the Customer using the email address or other contact information supplied by the Customer.

The parties will attempt in good faith to resolve the dispute informally for at least thirty calendar days after the required notice is received before commencing a formal legal proceeding.

The parties may communicate directly or through their authorized representatives during the informal-resolution period.

The applicable limitation period will be suspended during the required thirty-day informal-resolution period to the extent permitted by applicable law.

This informal-resolution requirement does not prevent a party from:

  1. Seeking emergency or temporary injunctive relief when reasonably necessary to prevent immediate and irreparable harm;
  2. Preserving a claim when the applicable limitation period would otherwise expire and cannot legally be suspended; or
  3. Exercising a right that applicable law does not permit the party to waive or delay.

18.2 Optional Mediation

After the informal-resolution period, the parties may agree in writing to submit the dispute to confidential, nonbinding mediation.

Mediation is voluntary unless the parties agree otherwise after the dispute arises.

The parties may jointly select the mediator, mediation provider, location, and procedure.

Unless the parties agree otherwise in writing, the parties will share the mediator’s fees equally and will each pay their own attorneys’ fees and other participation expenses.

A statement, offer, or communication made solely for purposes of settlement or mediation will be treated in accordance with applicable confidentiality and evidentiary rules.

No party is required to participate in mediation as a condition of:

  1. Exercising a non-waivable legal right;
  2. Seeking emergency relief; or
  3. Filing an eligible small-claims or magistrate-court action after satisfying any applicable informal-resolution requirement.

18.3 Small-Claims and Court Proceedings

If a dispute is not resolved informally or through agreed mediation, either party may bring an eligible claim in a small-claims or magistrate court with lawful jurisdiction.

A claim that does not qualify for small-claims or magistrate-court treatment may be brought in another court with lawful subject-matter and personal jurisdiction, subject to Section 20.

Each party retains any right to represent itself in a proceeding when permitted by the applicable court’s rules.

Nothing in these Terms of Service prevents a consumer from pursuing a claim in a forum or location that applicable law does not permit the consumer to waive.

18.4 Time Limit for Claims

Except where prohibited by applicable law, any cause of action or claim arising out of or relating to these Terms of Service, the Website, an order, a Project, or a Deliverable must be commenced within one year after the cause of action accrues.

A claim not commenced within that period will be permanently barred.

If applicable law does not permit the one-year limitation period, this provision applies only to the maximum extent permitted by law.

Your provision of personal information through the Website is governed by our privacy policy located at https://bookcandystudios.com/privacy-policy/ (the “Privacy Policy“).

The Privacy Policy is incorporated into these Terms of Service by reference.

The Privacy Policy should be reviewed together with these Terms of Service, particularly when Customer Materials contain names, images, voices, likenesses, contact information, or other personal information that may be processed through third-party production, cloud, or artificial intelligence services.

The Website, these Terms of Service, all orders, Projects, and Deliverables will be governed by and construed in accordance with the laws of the State of Georgia and applicable federal law, without giving effect to a conflict-of-law rule that would apply another jurisdiction’s laws.

An eligible small-claims or magistrate-court action may be brought in a court with lawful jurisdiction, subject to any mandatory limitations imposed by applicable law.

Unless applicable law requires otherwise, any other court proceeding arising out of or relating to these Terms of Service, the Website, an order, a Project, a Deliverable, or the relationship between the Customer and BCS must be instituted in a state or federal court with lawful jurisdiction in Georgia.

Each party submits to the personal jurisdiction and venue of those Georgia courts and waives objections to that jurisdiction or venue, except to the extent such an objection or right cannot lawfully be waived.

Nothing in these Terms of Service deprives a consumer of a mandatory legal protection, cancellation right, remedy, jurisdiction, venue, or access to a forum that cannot lawfully be waived under the laws applicable to that consumer.

When mandatory law in the Customer’s country, state, province, or other place of residence applies despite the Georgia choice-of-law or venue provisions, these Terms of Service will be interpreted to preserve those mandatory rights while enforcing the remaining provisions to the maximum extent permitted by law.

21.1 Assignment

Except for a permitted transfer under Section 13.4, the Customer must not assign, transfer, delegate, or otherwise convey:

  1. These Terms of Service;
  2. An order or Project;
  3. The Customer’s rights or obligations under these Terms of Service; or
  4. The license granted under Section 13,

without BCS’s prior written consent.

Use of the Deliverable by an authorized service provider under Section 13.3 does not constitute an assignment.

BCS may assign or transfer these Terms of Service, an order, or its rights and obligations in connection with:

  1. A merger;
  2. A reorganization;
  3. A sale of substantially all relevant business assets;
  4. A transfer of the Book Candy Studios business;
  5. A change in ownership or control; or
  6. A similar business transaction.

Any attempted assignment that violates this section is void to the maximum extent permitted by law.

These Terms of Service bind and benefit the parties and their permitted successors and assigns.

21.2 Severability

If a provision of these Terms of Service is found to be illegal, invalid, or unenforceable under applicable law, the provision will be modified to the minimum extent necessary to make it enforceable while achieving as closely as possible its original intended effect.

If modification is not possible, the unenforceable portion will be severed.

The remaining provisions will continue in full force and effect.

21.3 Entire Agreement and Order of Precedence

These Terms of Service, the Privacy Policy, applicable order details, package descriptions, invoices, and any additional written agreement expressly incorporated by reference constitute the entire agreement between the Customer and BCS concerning their subject matter.

They replace prior or contemporaneous agreements, understandings, representations, statements, negotiations, or communications concerning the same subject matter, whether oral or written.

Each party acknowledges that it is not relying on a statement, warranty, or representation not expressly included in the documents comprising the agreement.

Nothing in this subsection limits liability for fraud or fraudulent misrepresentation.

If there is a conflict among documents governing a Project, the following order of precedence applies:

  1. A custom agreement or custom scope expressly accepted in writing by an authorized representative of BCS;
  2. The applicable invoice or order confirmation;
  3. The package description in effect on the date of purchase;
  4. These Terms of Service;
  5. Other written Project communications expressly accepted by BCS as modifying the Project scope; and
  6. Other Website, advertising, or promotional content.

A specific provision governing a particular subject will control over a more general provision addressing the same subject.

Informal communications, discussions, estimates, suggestions, creative conversations, or preliminary statements do not modify:

  1. These Terms of Service;
  2. The purchased Project scope;
  3. The price;
  4. The license;
  5. The production schedule; or
  6. Another binding Project term,

unless BCS expressly confirms in writing that the communication constitutes an accepted modification.

Except for updates made under Section 4, a modification to these Terms of Service must be in writing and accepted by an authorized representative of BCS.

21.4 Waiver and Survival

A failure or delay by either party to exercise a right or power under these Terms of Service will not operate as a waiver of that right or power.

A single or partial exercise of a right or power does not prevent the later or further exercise of that right or another right.

A waiver is effective only if made in writing by the party granting it.

The following provisions survive Project completion, cancellation, expiration, suspension, or termination to the extent their nature requires continued effect:

  1. Accrued payment obligations;
  2. Refund restrictions;
  3. Ownership and intellectual-property provisions;
  4. The Customer’s Deliverable license;
  5. BCS’s portfolio and advertising rights;
  6. Working File restrictions;
  7. Confidentiality obligations;
  8. File-retention and archiving provisions;
  9. Warranty disclaimers;
  10. Limitations of liability;
  11. Indemnification obligations;
  12. Dispute-resolution provisions;
  13. Governing-law and venue provisions;
  14. Assignment restrictions;
  15. Severability;
  16. Entire-agreement and order-of-precedence provisions;
  17. Waiver provisions; and
  18. Any other provision that by its nature is intended to continue.

21.5 Notices and Contact Information

BCS may provide notice to the Customer under these Terms of Service by:

  1. Sending a message to the email address the Customer provided; or
  2. Posting the notice on the Website.

A notice sent by email is effective when sent. A notice posted on the Website is effective when posted.

The Customer is responsible for keeping their email address current.

To provide formal legal notice to BCS, the Customer must send the notice by personal delivery, nationally recognized overnight courier, or registered or certified mail to:

Book Candy Studios
225 Parkway 575
Woodstock, Georgia 30188
United States

A notice delivered personally is effective when received by an authorized BCS representative.

A notice delivered by overnight courier or registered or certified mail is effective when received and supported by delivery confirmation.

BCS may update its notice address by posting the updated address on the Website.

The Website is operated by:

Book Candy Studios
225 Parkway 575
Woodstock, Georgia 30188
United States

Telephone: +1 404-991-5994
Email: info@bookcandystudios.com

Reports of Website misuse, including defamatory, infringing, fraudulent, or unlawful conduct, should be directed to the email address above.

Questions, feedback, technical-support requests, and other communications relating to the Website, an order, a Project, or a Deliverable may also be sent to that address.