Terms of service
ACCEPTANCE OF TERMS
The author of the novel, book, collection or other work(s) discussed on this website (“Author”) provides the website at [wroteby.me/terms] as well as other related subdomains, content, services, personalized links and/or platforms, including all versions and upgrades thereto (collectively, the “Website”). Your use of the Website is subject to and governed by the terms and conditions in this Terms of Use (these “Terms”). Author may, at its discretion, update these Terms at any time, and depending on where you reside. You can access and review the most current version of these Terms at the URL for this page or by clicking on the “Terms of Use” link within the Website, or as otherwise made available by Author.
PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
If you are agreeing to these Terms, you represent and warrant that you: (i) are of legal age to form a binding contract; (ii) have the capacity and authority to agree to and abide by these Terms; and (iii) are not a person barred from using the Website under the laws of any applicable jurisdiction. THE WEBSITE IS NOT INTENDED FOR USERS UNDER THE AGE OF 18 OR THE LOWEST AGE PERMITTED BY APPLICABLE LAW, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA TO OR USING ANY ASPECT OF THE WEBSITE, AND BY TAKING SUCH ACTIONS, YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR NO YOUNGER THAN THE LOWEST AGE PERMITTED BY APPLICABLE LAW.
RIGHT TO THE WEBSITE
Subject to and conditioned on your compliance with these Terms, Author hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right solely to access, view and use the Website for your non-commercial and personal use. Your access to and use of the Website must further comply in all material respects with all usage guidelines posted by Author.
PRIVACY POLICY
In addition to these Terms, the Author Privacy Policy, available at [wroteby.me/privacy], (the “Privacy Policy”) applies to how Author may process information provided to the Author via the Website or otherwise. As applicable, you acknowledge and agree that by accessing or using the Website, Author may receive certain information about you, including personal data, as set forth in the Privacy Policy, and Author may collect, use, disclose, store, share, transfer and process such personal data in accordance with such Privacy Policy, which may be updated from time to time.
PROPRIETARY RIGHTS
Ownership of the Website. All materials and content contained on the Website, and all intellectual property rights related thereto, including copyrights, trademarks, service marks, trade names and trade dress, are exclusively owned by Author or its affiliates, partners or licensors.
Trademarks. Except as expressly authorized herein, you may not use any of Author’s names, brands, trademarks, service marks or logos that Author makes available on the Website (“Marks”). Author claims trademark protection over all such Marks. You will not remove or alter the Marks or any proprietary notices on or within the Website. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Author. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use will inure to Author’s benefit.
Submitted Materials. Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret, or proprietary information or other material from you. Any information, creative works, demos, ideas, manuscripts, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret and may be used by us in any manner consistent with these Terms and the Privacy Policy.
restrictions
In your use of the Website, you will not:
use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Website;
reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Website;
interfere with or disrupt the integrity or performance of the Website, including by disrupting the ability of any other person to use or enjoy the Website;
provide use of the Website on a service bureau, rental, or managed services basis, provide, or permit other individuals or entities to create Internet “links” to the Website or “frame” or “mirror” the Website on any other server, or wireless or Internet-based device;
access the Website for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Website;
violate any applicable local, state, provincial, federal, or international law or regulation, or use the Website for any illegal, unauthorized, or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
remove or obscure any proprietary notice that appears within the Website;
impersonate any person or entity, including Author personnel, or falsely state or otherwise misrepresent your affiliation with Author, or any other entity or person;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
take any action that imposes an unreasonable or disproportionately heavy load on the Website or its infrastructure;
use spiders, crawlers, robots, scrapers, automated tools, or any other similar means to access the Website; or
or download, reproduce, or archive any substantial portion of the Website.
feedback
If you elect to provide or make available to Author any suggestions, comments, ideas, improvements or other feedback relating to the Website as provided through the Website or otherwise (“Feedback”), Author shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
DEALINGS WITH Third Parties
The Website may include or provide access or link to products, services, content, data, media or offerings owned by or licensed to third parties (“Third Party Providers”). You acknowledge that different terms of use and privacy policies may apply to your use of such third-party products and services, and that such terms and policies are solely between you and the Third Party Provider. You agree that Author does not endorse any Third Party Provider and is not responsible or liable for any issues related to third party services.
DISCLAIMER OF WARRANTIES
General Disclaimer. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
No Implied Representations and Warranties. THE AUTHOR PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) DATA AND CONTENT THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE WEBSITE WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.
Non-Reliance. ALL DATA MADE AVAILABLE THROUGH THE WEBSITE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL DATA AND CONTENT BEFORE TAKING OR OMITTING ANY ACTION. YOU SHOULD NOT RELY ON THE WEBSITE AND YOU SHOULD NOT USE THE WEBSITE FOR ADVICE OF ANY KIND.
Disclaimer Limitation. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THESE TERMS (UNLESS SUCH LAW PROVIDES OTHERWISE).
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE AUTHOR HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE AUTHOR’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
TERMINATION
Author reserves the right at any time to modify, suspend, or discontinue the Website (or any portion thereof) with or without notice, and Author shall not be liable to you or any third party for any such modification or discontinuance;
Governing Law
These Terms shall be governed by and construed and enforced in accordance and the laws of the United States of America and the State of Delaware, without regard to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms, regardless of the states in which the parties do business or are incorporated. The parties agree that any action, proceeding, controversy or claim between them arising out of or relating to these Terms shall be brought only in a court of competent jurisdiction in New Castle County, Delaware. Each party hereby submits to the personal jurisdiction and venue of such courts and waives any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such action.
California Users & Residents
In accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Website of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
GENERAL PROVISIONS
These Terms constitute the entire agreement between you and Author concerning your access to and use of the Website and supersede all prior and contemporaneous oral or written negotiations and agreements between you and Author with respect to such subject matter. In the event of any conflict between or among these Terms and any other agreement, privacy policy, or usage guidelines to which these Terms refer, the terms and conditions of these Terms shall take precedence and govern. These Terms may not be amended by you except in a writing executed by you and an authorized representative of Author. You hereby consent and authorize Author to contact and communicate with you through electronic means, including through email. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. For the purposes of these Terms, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under these Terms without the prior written consent of Author. The failure of Author to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms.
Click to download a copy of these Terms