This Agreement (“Agreement”) is made on the date submitted and agreed to by and between the person or entity whose name and address are set forth on this form ("Customer" or “you”), and the Kirkus Indie division of Kirkus Media, LLC. (“Kirkus Indie”). By agreeing to this agreement and submitting a request for a review (“Review”) of a book (the “Book”) by Kirkus Indie, Customer hereby irrevocably and unconditionally agrees to the following terms and conditions:
1. You may not cancel this Agreement. However, Kirkus Indie is under no obligation to provide the Review even if you sign this Agreement and send in payment. If Kirkus Indie elects to provide the Review, the Review process will begin after Kirkus Indie receives payment, this signed and dated Agreement and two copies of the Book. Standard reviews are generally completed and returned to Customer within seven to nine weeks, while expedited reviews are generally completed and returned to Customer within four to six weeks, but there is no guarantee as to timing. Submissions are not processed on weekends or national holidays. Review will be no less than approximately 250 words in length. The copies of the Book become the property of Kirkus Indie and will not be returned to Customer. Books containing 200,000 words or more are subject to additional fees and reasonable extension of time for completion of the review. If Kirkus Indie declines to provide a Review or if Customer submits a Book containing 200,000 words or more and declines additional fees and extension of time for completion of Review, Customer’s payment and copies of the Book will be returned to Customer.
2. Customer may reproduce the Review in its entirety or excerpt a portion of it for marketing or promotional purposes only. Customer may not add words to, or alter the integrity of the Review. In each use of the Review, Customer must include a prominent credit attributing the Review to “Kirkus Reviews” in italics. If Customer reproduces any portion of the Review for promotional purposes, customer must grant Kirkus Indie the right to publish the Review in its entirety on Kirkusreviews.com.
3. Kirkus reserves the right to publish and distribute all reviews published on Kirkusreviews.com without limitation. This includes but is not limited to publication in Kirkus Reviews magazine, email distribution of the Review to Kirkus newsletter subscribers, and distribution of the Review to licensees of Kirkus Reviews.
4. Kirkus Indie will endeavor to provide an objective, but not necessarily favorable, Review; however, each Review is subjective. No second reviews or refunds will be granted, regardless of the content or nature of the Review. Kirkus Indie specifically disclaims all warranties, express or implied, including, but not limited to, warranties against non-infringement, and implied warranties of merchantability and fitness for a particular purpose. Customer has no legal recourse, and may not threaten or commence litigation, if it does not agree with the Review or finds it objectionable. If you commence litigation, you shall be liable for any legal fees incurred by Kirkus Indie. Revisions of the Review will be considered only if it contains factual errors. Any revisions will be made at Kirkus Indie’s discretion.
5. The Review process is anonymous. Customer will not be informed of the individual chosen to write the Review. Customer cannot specifically choose a reviewer, nor make any requirements regarding the reviewer’s age, gender, race, religion or professional background. Under no circumstances will Customer receive the reviewer’s personal information.
6. You represent and warrant that you are authorized to submit the Book for a Review. Customer irrevocably releases Kirkus Indie, its affiliates, employees and reviewers, and shall indemnify, defend and hold them harmless from and against any and all liabilities, damages, losses, claims, costs and fees (including attorneys’ fees) related to or arising in connection with the Review and any breach of this Agreement.
7. Customer may not assign this Agreement. This Agreement supersedes all prior agreements and understanding between you and Kirkus Indie regarding the subject matter hereof. This Agreement shall be construed and interpreted according to the laws of the State of Texas without regard to its conflicts of law provisions and shall be binding upon the parties hereto, their heirs, successors, permitted assigns and representatives. Customer hereby submits to the exclusive personal jurisdiction of the federal and state courts located in Austin, TX, which shall have exclusive jurisdiction to hear and settle any and all matters involving the parties.