“thewritersite.world” is the interactive online service operated by The Writer Site, on the World Wide Web of the Internet, consisting of information services and content provided by The Writer Site, affiliates of The Writer Site and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of The Writer Site.
The Writer Site shall have the right at any time to change or discontinue any aspect or feature of The Writer Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
The Writer Site shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of The Writer Site, or any part thereof, or to impose new conditions, including, but not limited to, adding or changing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on The Writer Site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of The Writer Site by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of The Writer Site and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use The Writer Site for lawful purposes only. Subscriber shall not post or transmit through The Writer Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The Writer Site’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in The Writer Site’s discretion restricts or inhibits any other Subscriber from using or enjoying The Writer Site will not be permitted. Subscriber shall not use The Writer Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with The Writer Site.
(B) The Writer Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of The Writer Site are copyrighted as a collective work under copyright laws. The Writer Site owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The Writer Site and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on The Writer Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of The Writer Site, Subscriber automatically grants, The Writer Site non-exclusive rights to display the work on The Writer Site. Subscriber grants The Writer Site the right to edit, copy, and distribute any material made available on The Writer Site by Subscriber. The Writer Site does not register any material submitted with the Copyright office or any office of any country. The Subscriber retains copyright.
(D) The foregoing provisions of Section 5 are for the benefit of The Writer Site, its subsidiaries, affiliates and its third party content providers and licenser’s and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF The Writer Site IS AT SUBSCRIBER’S SOLE RISK. NEITHER The Writer Site, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT The Writer Site WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF The Writer Site, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH The Writer Site.
(B) The Writer Site IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT The Writer Site IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL The Writer Site, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING The Writer Site OR THE The Writer Site SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE The Writer Site SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON The Writer Site.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, The Writer Site, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN The Writer Site, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. The Writer Site, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, The Writer Site, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
The Writer Site shall have the right, but not the obligation, to monitor the content of The Writer Site, including chat rooms, private messages, writing, and forums, to determine compliance with this Agreement and any operating rules established by The Writer Site and to satisfy any law, regulation or authorised government request. The Writer Site shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The Writer Site. Without limiting the foregoing, The Writer Site shall have the right to remove any material that The Writer Site, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless The Writer Site, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of The Writer Site by Subscriber or Subscriber’s Account.
Either The Writer Site or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, The Writer Site shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which The Writer Site, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
Refunds will only be given in exceptional circumstances. A change of mind is not considered an exceptional circumstance.
11. Third Party Content.
The Writer Site is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, The Writer Site has no more editorial control over such content than does a public library or book-store nor any other on-seller. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of The Writer Site, are those of the respective author(s) or distributor(s) and not of The Writer Site. Neither The Writer Site nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through The Writer Site represents the opinions and judgements of the respective information provider, Subscriber, or other user not under contract with The Writer Site. The Writer Site neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on The Writer Site by anyone other than authorised The Writer Site employee spokespersons while acting in their official capacities. Under no circumstances will The Writer Site be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through The Writer Site. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Writer Site.
This Agreement and any operating rules for The Writer Site established by The Writer Site constitute the entire agreement of the parties with respect to the subject matter herein, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the law, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for this purpose only and shall not be given any legal import.
There is no cost for using the basic services of The Writer Site, but Premium services are available via subscription to post writing. Contests with cash prizes have no entry fee for members with upgraded (purchased) membership.
14. Copyrights and Copyright Agent.
The Writer Site respects the rights of all copyright holders and in this regard, The Writer Site has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders.