2525 McCue Road #239 Houston, Texas 77056-5134
Pen and Pixel LLC Terms and Conditions
Disclaimers of Liability
Pen and Pixel LLC and its officers, directors, agents, employees, and all other persons authorized by its officers and directors to act on its behalf (“Pen and Pixel”) make no promise or guarantee that items submitted in connection with its editing, marketing, mentoring, or any other services offered through this site, its marketing materials, or any other means will be accepted for publication by any agent, publisher, or any person purporting to publish or represent as an agent any authors or owners of fiction or non-fiction works.
Pen and Pixel assumes no liability for non-acceptance for publication by any agent, any publisher, or any other person purporting to publish or represent for publication any works submitted to Pen and Pixel for any purpose, whether explicitly or implicitly described herein or in any future communications or materials.
Pen and Pixel will respect all intellectual property rights adhering to submitted material, including copyrights, trademarks, and patents, and will return submissions known to contain infringements on the rights of holders of such intellectual property. Pen and Pixel makes no advance determinations as to whether the contents of any works submitted to its officers, directors, agents, employees, or any other persons include any properties owned by other persons or covered by copyrights, trademarks, patents, licenses or other legal means of protection. Pen and Pixel assumes no liability for for the use by its clients of such intellectual properties without permission of their owners.
In certain instances, Pen and Pixel may refer clients to or collaborate with outside parties to provide services listed on our Services page. Pen and Pixel will refer clients to outside parties or collaborate with any outside party to provide services to any client only by express permission of that client. In such instances, Pen and Pixel liability for such services is limited to services provided by the active participation of its officers, directors, agents and employees. No outside party to whom Pen and Pixel may refer clients or with whom Pen and Pixel may collaborate is an agent of Pen and Pixel for purposes of determining liability to a client.
Confidentiality of Submissions
Pen and Pixel guarantees confidentiality of all contact information, including names, postal and electronic mail addresses, telephone numbers, and other information provided by clients to its organization, and will not distribute, sell, lease, trade, or otherwise make this information available to any third parties.
Pen and Pixel guarantees confidentiality of all materials submitted by clients for reviewing and editing within its organization, and will not distribute, sell, lease, trade, or otherwise make this information available to any third parties unless advance permission by the owners of the materials is expressly provided to Pen and Pixel .
Pen and Pixel does not use any electronic means of gathering information from its clients’ computer hardware. All incoming and outgoing electronic mail and other communications are routinely subjected to anti-virus software, firewalls, and other protective means. Pen and Pixel will not knowingly release electronic information containing “malicious” or destructive electronic code.
Marketing
Pen and Pixel may use testimonials or other materials provided by clients within its own marketing materials strictly by permission of the owners of the materials. Pen and Pixel guarantees that it will seek such permission in advance of such use of the materials in its marketing materials and will not use the materials without explicit written permission of their owners.
Acceptance of Submissions
Pen and Pixel does not handle the following types of materials:
Pen and Pixel reserves the right to return submissions to its clients at the discretion of its management, and to refund in full all payments received in connection with such submissions.
Pen and Pixel ’s Editorial Responsibilities to Clients
In addition to all guarantees made above, Pen and Pixel pledges the following to its clients:
Pen and Pixel ’s staff shall prepare a working copy of each submission it accepts from a client for processing. The original submission shall not be marked, modified, or otherwise tampered with in any way, and will be returned to the client upon completion of the assignment or return of the submission. Where Pen and Pixel’s editorial staff find any ambiguities or must make any judgment calls in the course of processing submissions, it will provide a list of such queries to the client.
Pen and Pixel ’s staff will complete assignments within a reasonable period of time estimated in advance, and will return all items submitted by the clients.
Pen and Pixel ’s management and staff will, to the best of their abilities, respond to client contacts on a timely basis and will maintain a courteous, professional attitude at all times. If a client disagrees with any proposals, Pen and Pixel management will contact the client and attempt to resolve any disputes within a mutually supportive professional setting.
If Pen and Pixel ’s management, directors, staff, and affiliated parties are prevented by acts of God (force majeure), war, or other events not subject to their control from fulfilling any guarantees herein, it will return all underlying submissions and refund all revenues prorated to the date(s) of the underlying event(s) to the client.
Violations of these guarantees to clients by Pen and Pixel ’s employees, independent contractors, or other persons over whom Pen and Pixel exercises legal authority are grounds for termination by Pen and Pixel from employment or dissolution or revocation of contracts for the services of the parties involved.
Client’s Responsibilities to Pen and Pixel
The client warrants to Pen and Pixel ’s management and staff that all materials submitted herein are the client’s original property or that the client has obtained permission to use copyrighted material from the holder of the copyright; if the copyright holder denies permission to use the underlying material, that Pen and Pixel is absolved of any legal liability or responsibility for any future use of the material.
Electronic submissions from clients must not contain, in their bodies or in any attachments, any “malicious” or destructive electronic code; neither may clients use any electronic means of gathering information from Pen and Pixel ’s computer hardware.
Reciprocal clients of Pen and Pixel may not use testimonials or other materials provided by Pen and Pixel within their own marketing materials without the express written permission of Pen and Pixel ’s management. Customers may not provide links to Pen and Pixel ’s website through their own websites or electronic communications except by express written permission of Pen and Pixel management.
Clients of Pen and Pixel may not distribute, sell, lease, trade, or otherwise make any of Pen and Pixel ’s contact information, including the names of management, staff, directors, or any other affiliated parties; postal and electronic mail addresses; telephone and facsimile numbers; and other information available to any third parties for the purpose of marketing by third parties.
Clients are responsible to Pen and Pixel for payment in full for all services provided by Pen and Pixel in compliance with the terms offered under contracts for Pen and Pixel ’s services, including a fee of $35 per each check returned for insufficient funds or rejected credit or debit card transaction.
Violations of these guarantees by clients to Pen and Pixel ’s employees, independent contractors, officers, directors, agents, or other persons over whom Pen and Pixel exercises legal authority or who exercise legal authority on behalf of Pen and Pixel are grounds for legal action by Pen and Pixel ’s management and directors, including litigation for breach of contract according to the laws of the United States of America, the States of New York and Texas, and the City of New York.