Agreement between User and www.modestypublishingllc.com

Welcome to www.modestypublishingllc.com. The www.modestypublishingllc.com website (the „Site“) is comprised of various web pages operated by Modesty Publishing LLC („Modesty“). www.modestypublishingllc.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the „Terms“). Your use of www.modestypublishingllc.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.modestypublishingllc.com is an E-Commerce Site.

Modesty Publishing LLC, through its Custom-Made Story Photo Book and Monograph Division, offers a unique and premium publishing solution tailored for clients seeking to preserve and present the essence of their identity, mission, or legacy through high-quality, personalized books. These custom-made monographs are designed for organizations such as companies, foundations, cities, events, cultural and social institutions, sports organizations, military events, churches, and religious communities.

Each book is created using the client’s existing online materials – such as website text, images, and publicly available content – serving as the foundation for the book’s concept and structure. Our editorial team compiles and organizes the material into professionally designed chapters such as: Foreword, Introduction, Table of Contents, History, Mission or Theme, Photo Sessions, Description of Services or Events, and other relevant sections.

The process begins with the creation of a pilot book draft („Draft 1“), which is developed without requiring significant time or involvement from the client. Upon reviewing the draft, the client is given the opportunity to suggest changes, provide additional materials, propose new chapters, or approve the concept as-is.

Once the client approves the pilot prototype (Draft), they will choose the desired type of printing, quantity (print run), and production specifications. Clients may select from Modesty’s predefined publishing packages or request a custom quote for a tailored solution.

This service is aimed at delivering an elegant, impactful, and lasting publication that can be used for promotional, commemorative, institutional, or legacy-building purposes.

User’s Representations and Warranties

Any materials submitted by you “Client”, including, without limitation, photographs, videos, images, text, graphics, logos and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:

• You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Similarly, if you want to share a photo book with your friends and family, we will accommodate your request by making your photographs available to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photographs.
• Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of our Sites and Apps are not proprietary to you, and the rights to such template or layout will remain with us.
• You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.
• You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Submitted Materials.
• You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
• You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.
• User Submitted Materials that violate these Terms may be removed from our Sites and Apps; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites and Apps. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.

Fees and Expenses

All costs and fees are defined in the Modesty Publishing price list, which forms an integral part of the website. Depending on the specifics of the product, quantities, or other technical parameters, Modesty Publishing may agree with the client on different prices and payment methods. Modesty Publishing also regularly offers various promotions, discounts, bonus coupons, and promo codes.

Privacy

Your use of www.modestypublishingllc.com is subject to Modesty’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Draft-Pilot Book Prototype
The delivery of a book proposal (“draft-pilot” prototype) is provided solely for the purpose of enabling Buyer to review and approve the content and design and to place an order for a quantity of books based on Supplier’s published pricing packages or a separate written agreement.

The produced “draft-pilot” prototype remains the property of Supplier (Modesty Publishing LLC). The final PDF file prepared for printing does not become the property of Buyer unless otherwise expressly agreed in writing by both parties.

The pricing for the “draft-pilot” prototype offered in Supplier’s price list is an exclusive discounted price valid only in connection with the purchase of one of the final print quantity packages or under a special offer arrangement.

If Buyer wishes to acquire unlimited usage rights to the “draft-pilot” prototype PDF, a different pricing schedule and specific buyout terms shall apply. All such arrangements must be defined in a separate written agreement signed by both parties.

Pricing Adjustments
The prices stated in this quotation represent the offered pricing as of the date issued. Changes in market conditions, industry requirements, or applicable federal, state, or local laws and regulations—including, but not limited to, the laws of the State of Florida—may affect Modesty’s costs and pricing. Modesty reserves the right to reasonably modify the pricing terms by providing written notice to Buyer at any time prior to shipment of the products or performance of the services.
Modesty may also adjust pricing if there are changes to specifications, quantities, timing, delivery, shipping, or any other related requirements.

Orders and Acceptance
All orders are subject to acceptance by “Modesty”. No order shall be binding until confirmed in writing by “Modesty”. “Modesty” reserves the right to reject any order at its sole discretion.

Payment Terms

• All prices for the offered products and services are payable in advance, either online through the Modesty Publishing store or on the basis of an issued invoice.
• Modesty Publishing reserves the right, at its sole discretion, to grant Buyer a deferred payment term of up to thirty (30) days after the service has been performed.
• Standard payment terms are ten (10) days from the invoice date unless otherwise agreed in writing.
• Late payments shall accrue interest at the rate of 1.5% per month (or the maximum rate permitted under Florida law).

“Modesty” reserves the right to suspend further deliveries or services if Buyer fails to make timely payment.

Grant of Rights

The User grants the Publisher the right to use photographs for publishing, marketing, and distribution purposes. 

Release of Liability

The User releases the Publisher from any claims arising from the use of the photographs. 

Electronic Communications

Visiting www.modestypublishingllc.com or sending emails to Modesty constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Modesty is not responsible for third party access to your account that results from theft or misappropriation of your account. Modesty and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Modesty does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.modestypublishingllc.com only with permission of a parent or guardian.

Cancellation/Refund Policy

If the book ordered and paid for by the client is not of good quality, if there are visible technological errors in printing and binding, the client has the right to request the printing of a new book or a refund of the money paid. Modesty publishing is not responsible for the quality of the photos that the client imported into the book. We are also not responsible for incorrect data or textual errors entered by the client in the book.

Links to Third Party Sites/Third Party Services

www.modestypublishingllc.com may contain links to other websites („Linked Sites“). The Linked Sites are not under the control of Modesty and Modesty is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Modesty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Modesty of the site or any association with its operators.

Certain services made available via www.modestypublishingllc.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.modestypublishingllc.com domain, you hereby acknowledge and consent that Modesty may share such information and data with any third party with whom Modesty has a contractual relationship to provide the requested product, service or functionality on behalf of www.modestypublishingllc.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.modestypublishingllc.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Modesty that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Modesty or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Modesty content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Modesty and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Modesty or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your Modesty account to third party accounts. By connecting your Modesty account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Modesty from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Modesty Content accessed through www.modestypublishingllc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Modesty, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Modesty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Modesty in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Modesty agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MODESTY PUBLISHING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MODESTY PUBLISHING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED „AS IS“ WITHOUT WARRANTY OR CONDITION OF ANY KIND. MODESTY PUBLISHING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODESTY PUBLISHING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MODESTY PUBLISHING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Modesty reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Modesty as a result of this agreement or use of the Site. Modesty’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Modesty’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Modesty with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Modesty with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Modesty with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Modesty reserves the right, in its sole discretion, to change the Terms under which www.modestypublishingllc.com is offered. The most current version of the Terms will supersede all previous versions. Modesty encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Modesty welcomes your questions or comments regarding the Terms:

Modesty Publishing LLC
615 Crane Prairie way
Osprey, Florida 34229

Email Address:
office@modestybooks.com

Telephone number:
9417169076

Effective as of December 01, 2024