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Terms of Service

Effective date: June 10, 2026

1. Acceptance of These Terms

These Terms of Service (these “Terms”) govern your access to and use of the website located at atmospherepress.com, together with all pages, tools, forms, calculators, content, and e-commerce functionality made available through it (collectively, the “Service”). The Service is operated by Atmosphere Press, LLC, 5000 Plaza on the Lake, Ste. 100 #416, Austin, TX 78746 (“Atmosphere Press,” “Company,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Service.

2. The Service

The Service provides information about Atmosphere Press’s publishing services; tools for submitting manuscripts for editorial consideration; educational content and resources for writers; interactive tools such as calculators and quizzes; and the ability to purchase certain services and products.

3. Relationship to Separate Written Agreements

If you have entered into, or later enter into, a separate written agreement with Atmosphere Press — including, without limitation, a book publication agreement — that agreement governs with respect to its subject matter, and these Terms govern your use of the Service and all matters not addressed by that agreement.

4. Eligibility

The Service is intended for individuals who are at least 18 years of age. By using the Service, you represent that you are at least 18 years old or that you are using the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

5. Manuscript Submissions

If you submit a manuscript or other creative work to us through the Service, you retain all right, title, and interest in and to your work. By submitting, you grant Atmosphere Press a limited, non-exclusive license to access, store, and review your submission solely for the purpose of evaluating it for potential publication and communicating with you about it. You represent and warrant that any work you submit is your own original work and that your submission does not violate the rights of any third party. You acknowledge that Atmosphere Press receives many submissions and that works we receive, develop, or publish may independently resemble your submission in theme, idea, or subject matter.

6. Intellectual Property

The Service and all content made available through it — including text, graphics, logos, images, audio, video, software, and the selection and arrangement thereof — are owned by Atmosphere Press or its licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use. No other right or license is granted.

7. Acceptable Use

You agree not to: (a) use the Service in violation of any applicable law; (b) access the Service through automated means, including bots, scrapers, or crawlers, except for standard search-engine indexing; (c) interfere with or disrupt the operation of the Service or the servers or networks that host it; (d) attempt to gain unauthorized access to any portion of the Service or to any systems or data of Atmosphere Press or its users; (e) misrepresent your identity or affiliation; or (f) use the Service to transmit any malicious code or unsolicited commercial communications.

8. Purchases and Payments

Certain services and products may be purchased through the Service. Prices, descriptions, and any purchase-specific terms are as presented at the time of purchase. Payments are processed by third-party payment processors, and your provision of payment information is subject to those processors’ terms and privacy policies. Book fulfillment may be provided by third parties, including Bookshop.org.

The Service contains links to, and embedded content from, third-party websites and services, including without limitation Bookshop.org, Trustpilot, and embedded video and review widgets. Atmosphere Press does not control and is not responsible for the content, policies, or practices of any third-party website or service. Disclosure: Atmosphere Press books are fulfilled by Bookshop.org, and Atmosphere Press earns a commission from Bookshop.org if you click through and make a purchase.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATMOSPHERE PRESS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ATMOSPHERE PRESS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, AND DOES NOT GUARANTEE ANY PARTICULAR OUTCOME, INCLUDING BOOK SALES, REVIEWS, AWARDS, OR COMMERCIAL SUCCESS, IN CONNECTION WITH ANY PUBLISHING SERVICES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATMOSPHERE PRESS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ATMOSPHERE PRESS ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID TO ATMOSPHERE PRESS THROUGH THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify and hold harmless Atmosphere Press and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms or your misuse of the Service.

13. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES PRE-DISPUTE NOTICE AND INFORMAL RESOLUTION, REQUIRES BINDING INDIVIDUAL ARBITRATION OF MOST DISPUTES, AND WAIVES THE RIGHT TO PARTICIPATE IN CLASS ACTIONS.

13.1 Application of This Section

This Section 13 governs any dispute, claim, or controversy arising under or relating to these Terms, the Service, the Privacy Policy, or any related communications or interactions between you and Company (each, a “Dispute”). This Section applies regardless of whether the Dispute sounds in contract, tort, statute, or any other legal theory. As used in this Section, “Claimant” means the party asserting a Dispute, and “Respondent” means the party against whom a Dispute is asserted.

13.2 Pre-Dispute Notice Requirements

Before initiating any formal dispute resolution process under this Section, Claimant shall send Respondent a detailed written notice of the Dispute (a “Notice of Dispute”) by email to books@atmospherepress.com with delivery confirmation requested, or by certified mail to Atmosphere Press, LLC, 5000 Plaza on the Lake, Ste. 100 #416, Austin, TX 78746. A Notice of Dispute directed to Atmosphere Press shall include all of the following:

  1. Claimant’s full legal name and current postal address;

  2. all email addresses Claimant has used in connection with the Service;

  3. the specific date or dates on which Claimant accessed the Service that form the basis of the Dispute;

  4. the specific URL or URLs accessed;

  5. the approximate timestamps of the access;

  6. the device type, operating system, and browser used;

  7. the IP address or addresses used to access the Service, if known to Claimant;

  8. a factual basis for Claimant’s standing to bring the Dispute;

  9. a specific description of the conduct alleged and the harm alleged;

  10. the legal theory or theories on which the Dispute is based;

  11. the nature of Claimant’s fee arrangement with counsel, if any, including whether the representation is on a contingency, fee-sharing, referral, or hourly basis, the rate or percentage applicable, and the identity of any third party providing funding or financing in connection with the Dispute; and

  12. a list of all claims, demands, formal complaints, or arbitration proceedings filed by Claimant within the 24 months preceding the notice that assert substantively similar legal theories or arise from substantively similar conduct, including the names of respondents and the disposition of each.

A Notice of Dispute that omits any of the foregoing is procedurally deficient. The dispute resolution timelines under this Section shall not commence until a compliant Notice of Dispute is received. The disclosures required by subparts (k) and (l) are intended to enable good-faith assessment of the Dispute and to enable any arbitrator to screen for fraud, abuse, or improper purpose. A Notice of Dispute directed to you by Atmosphere Press will include comparable identifying and factual detail and will be sent to the contact information associated with your use of the Service.

13.3 Informal Resolution Period

Within 60 days of Respondent’s receipt of a compliant Notice of Dispute under Section 13.2, the parties shall engage in informal resolution discussions. Such discussions shall include not fewer than two principal-level meetings, each attended by a principal of Claimant and a principal of Respondent. The parties shall coordinate scheduling in good faith, with Respondent making available a reasonable slate of dates within the 60-day period and Claimant selecting available dates from that slate. Meetings may be conducted by video conference. Claimant may be accompanied by, or appear through, counsel or an authorized representative, and no travel shall be required. Failure of Claimant to participate in good faith in the required meetings is a material procedural defect, and no arbitration may be commenced unless and until the requirement is satisfied or expressly waived in writing by Respondent.

13.4 Binding Arbitration

Any Dispute that is not resolved through the process described in Sections 13.2 and 13.3 shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules, available at www.adr.org. Filings with any other arbitration provider shall be deemed procedurally deficient and shall not commence the arbitration. The arbitration shall be conducted by a single arbitrator. Venue for any in-person component of the arbitration shall be selected by Respondent, provided that the venue is reasonably convenient to Claimant; video proceedings shall be permitted at the election of either party.

13.5 Costs and Fees

Each party shall bear its own attorneys’ fees and costs except as otherwise provided in these Terms or required by applicable law. Arbitration filing fees and arbitrator compensation shall be allocated as provided by the AAA Consumer Arbitration Rules, including the consumer-fee provisions of those rules.

13.6 Class-Action Waiver

Each party may bring claims against the other only in such party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding. If any portion of this class-action waiver is found to be unenforceable as to a particular Dispute, that Dispute shall proceed in a court of competent jurisdiction (subject to all other terms of these Terms, including without limitation Section 13.9), and the arbitration agreement set forth in Sections 13.4, 13.5, 13.7, and 13.8 shall be null and void as to that Dispute. The class-action waiver in this Section 13.6 is non-severable from the arbitration agreement; severance of the class-action waiver from the arbitration agreement is not permitted.

13.7 Carve-Outs from Arbitration

Notwithstanding the foregoing: (a) either party may bring an individual claim in small claims court in a venue with jurisdiction over the parties, if the claim qualifies for that court; (b) either party may bring an action in a court of competent jurisdiction in Travis County, Texas for injunctive or other equitable relief to prevent or stop infringement, misappropriation, or unauthorized use of intellectual property; (c) either party may bring an action for collection of undisputed amounts due; and (d) any claim that, as a matter of law, may not be subject to pre-dispute arbitration is excluded from the arbitration requirement. The pendency of any such action shall not affect the parties’ obligations under Sections 13.2 through 13.6 with respect to any other Dispute.

13.8 Survival

The obligations of Sections 13.2 through 13.7 and Sections 13.9 and 13.10 survive termination of these Terms and your discontinuation of use of the Service.

13.9 Governing Law and Venue

These Terms and any Dispute shall be governed by the substantive laws of the State of Texas, without regard to its conflict-of-laws principles. Any Dispute that is not subject to arbitration under this Section, or that escapes the arbitration agreement for any reason, shall be brought exclusively in the state or federal courts located in Travis County, Texas. Each party consents to the personal jurisdiction and venue of such courts for any such Dispute and waives any objection based on inconvenient forum or lack of personal jurisdiction. Nothing in this Section deprives you of any non-waivable protections of the consumer-protection law of the jurisdiction in which you reside.

13.10 Severability of This Section

If any provision of this Section 13 is held unenforceable, the unenforceable provision shall be severed and the remaining provisions shall remain in full force and effect, provided that the class-action waiver in Section 13.6 is non-severable from the arbitration agreement as set forth in that Section. Where any provision is held unenforceable in part, the provision shall be enforced to the maximum extent permitted by applicable law.

14. Changes to These Terms

We may modify these Terms from time to time. The “Effective date” above reflects the date of the most recent version. Material changes will be indicated by updating that date and posting the revised Terms on the Service. Your continued use of the Service after revised Terms are posted constitutes your acceptance of the revised Terms. Changes to Section 13 (Dispute Resolution) do not apply to any Dispute for which a compliant Notice of Dispute was received before the change took effect.

15. General

These Terms, together with the Privacy Policy and any separate written agreement described in Section 3, constitute the entire agreement between you and Atmosphere Press regarding the Service. Our failure to enforce any provision of these Terms is not a waiver of that provision. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision of these Terms outside Section 13 is held unenforceable, it shall be severed and the remainder shall continue in effect.

16. Contact

Atmosphere Press, LLC
5000 Plaza on the Lake, Ste. 100 #416, Austin, TX 78746
books@atmospherepress.com
(512) 522-2648