Additional Terms. In order to participate in certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Amendments. WritersMarketing.com may modify this Agreement from time to time and such modification shall be effective: (1) upon posting by WritersMarketing.com on the Website, for all Users who first use the Services affected by such modification after the posting, or (2) thirty (30) days after posting by WritersMarketing.com on the Website, for all existing Users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services.
1. Description of Service. WritersMarketing.com posts articles and information about writing related topics, such as how to get freelance writing jobs and writing for the web, for example (the “Services”). You understand and agree that the Services may include advertisements. You also understand and agree that the Services may include certain communications from WritersMarketing.com and other third parties, such as service announcements, administrative messages, and updates, and that these communications are considered part of WritersMarketing.com email subscription and that the only way you may opt out of receiving them is to terminate your email subscription. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
2. Eligibility. By using the Services, you represent and warrant that: (a) you are 18 years of age or older; and (b) your use of the Services does not violate any applicable law or regulation. Your email subscription may be deleted without warning if we believe that you are younger than 18.
3. Term. This Agreement shall remain in full force and effect while you use the Services. You may request to be removed from the WritersMarketing.com email distribution list at any time, for any reason by following the instructions included in each email. WritersMarketing.com may remove your from the email distribution list at any time and for any reason for any reason. Even after any removal, Sections 5-14 of this Agreement will remain in effect.
4. Proprietary Rights.
a. WritersMarketing.com. The Services contain Content of WritersMarketing.com and its affiliates, content providers and/or licensors, as well as that of advertisers. WritersMarketing.com and its licensors own and retain all proprietary rights in the WritersMarketing.com Content and the Services. WritersMarketing.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display content of WritersMarketing.com only (i.e. no license is granted to reproduce or display content from WritersMarketing.com’s affiliates, content providers/and or licensors, without their specific prior written permission), limited to no more than 100 words, solely for your personal use in connection with viewing the Website and using the Services, and so long as a link back to the original, full article is included.
b. Technological Protections. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by WritersMarketing.com and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services.
5. Interstate Nature of Communications on/from WritersMarketing.com Network. You acknowledge that in using the Services to submit registration information and/or send/receive other communications to/from WritersMarketing.com, you will be causing communications to be sent through WritersMarketing.com’s computer networks. As a result, and also as a result of WritersMarketing.com’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions. Further, we do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
6. Content and Activity.
a. Non-Commercial Use. The Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by the management of WritersMarketing.com or in connection with Services expressly designated for commercial use. You will not engage in advertising to, or solicitation of, any User to buy or sell any products or services through any Service.
b. No Disruption. You will not: (i) cover or obscure the banner advertisements on any WritersMarketing.com page via HTML/CSS, scripting, or any other means, if any (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or (iii) introduce software or automated agents onto the website or related systems so as to generate automated messages, or to strip or mine data from the Services.
c. Miscellaneous. You will not attempt to impersonate another User or person, including any employee of WritersMarketing.com. You will use the Services in a manner consistent with any and all applicable laws and regulations.
d. No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
e. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to WritersMarketing.com’s Copyright Agent, 25852 McBean Pkwy #747, Santa Clarita, CA 91355 designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512©(2):
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
7. General Practices Regarding Use and Storage. You acknowledge that WritersMarketing.com may establish general practices and limits concerning use of the Services. You agree that WritersMarketing.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that WritersMarketing.com reserves the right to modify these general practices and limits from time to time.
8. Third Parties and other Users.
a. Third Party Content. Content from advertisers and other third parties is made available to you through the Services. Because WritersMarketing.com does not control such Content, you agree that WritersMarketing.com is not responsible for any such Content, including advertising and information about third party products or services. Because WritersMarketing.com does not have control over such Content, WritersMarketing.com makes no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and WritersMarketing.com assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
b. Third Party Websites. You may be able to link from the Website and/or from our emails to third party web sites and third party web sites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply WritersMarketing.com’s endorsement, sponsorship, or recommendation of that site.
Notwithstanding the foregoing, you acknowledge and agree that from time to time in WritersMarketing.com’s sole discretion, WritersMarketing.com may include affiliate website links to Linked Sites within its posts, and that in exchange for a given user clicking on that given affiliate’s link, WritersMarketing.com may receive a commission or other fee. WritersMarketing.com disclaims any liability for links (1) from another web site to this Website and (2) to another web site from this Website. WritersMarketing.com cannot guarantee the standards of any web site to which links are provided on this Website nor shall WritersMarketing.com be held responsible for the contents of such sites, or any subsequent links. WritersMarketing.com does not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, WritersMarketing.com is not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
c. Responsibility. Your interactions with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that WritersMarketing.com will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), WritersMarketing.com is under no obligation to become involved.
10. Modifications to Service. WritersMarketing.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services with or without notice. You agree that WritersMarketing.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
11. Disclaimers. WritersMarketing.com is not responsible for any incorrect or inaccurate Content (including any profile information) posted on or transmitted through the Services, whether caused by Users, Email Subscribers or by any of the equipment or programming associated with or utilized in the Services. WritersMarketing.com is not responsible for the conduct, whether online or offline, of any User of the Services. WritersMarketing.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or User communication. WritersMarketing.com is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Visitors and/or Email Subscribers or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall WritersMarketing.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. WritersMarketing.com EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WritersMarketing.com MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THROUGH THE WEBSITE OR FROM OUR AFFILIATED THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE AND THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO LEGAL, FINANCIAL, OR BUSINESS INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
12. Limitation on Liability. IN NO EVENT SHALL WritersMarketing.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WritersMarketing.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WritersMarketing.com’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE US DOLLAR ($1).
13. Release. You hereby release WritersMarketing.com, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any use or implementation of any activity described on WritersMarketing.com, in whole or in part, or (ii) your participation in any WritersMarketing.com event. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
14. Indemnity. You agree to defend, indemnify, and hold WritersMarketing.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
a. U.S. Export Controls. Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
b. Governing Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any legal action or proceeding relating to your access to, or use of, the Services shall be instituted exclusively in a state or federal court located in Los Angeles County, State of California. You and WritersMarketing.com agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
c. Entire Agreement; Waiver; Headings; Assignment. This Agreement constitutes the entire agreement between you and WritersMarketing.com regarding the use of the Services. The failure of WritersMarketing.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. You may not assign, sublicense or otherwise transfer or hypothecate this Agreement, in whole or in part, without the prior written consent of WritersMarketing.com. WritersMarketing.com may assign, sublicense or otherwise transfer or hypothecate this Agreement, in whole or in part, at any time.
d. Copyright/Trademark Information. Copyright © 2011, AKG Media LLC. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of WritersMarketing.com or other third parties. You are not permitted to use these Marks without the prior written consent of WritersMarketing.com or such third party which may own the Mark.
e. No Third-Party Beneficiaries. You agree that there shall be no third-party beneficiaries to this Agreement.
f. Notice. WritersMarketing.com may provide you with notices, including those regarding changes to the Agreement, by email, regular mail or postings on the Service.
g. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
h. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.