TERMS AND CONDITIONS
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WRITEYOURPAGE.COM MEMBERSHIP CONTRACT
General Provisions
1. This Contract governs your membership in the Writeyourpage.com. community,
your special access to the Writeyourpage.comweb site (the "Site",
"their", and "Writeyourpage.com") and your right
to upload and download (subject to having the necessary credits) written
Material ("Data Files") from/to the Site.
Modification of Contract
2. Writeyourpage.com reserves the right to change or modify all or any
part of this Contract at any time, effective immediately upon posting
on the Site. Your continued use of your membership confirms your acceptance
of the terms and conditions in this Contract, including any changes
or modifications made by Writeyourpage.com. If at any time the terms
and conditions of this Contract are no longer acceptable to you, you
must immediately cease use of the membership and the Site.
Use of Content
3. The Site contains information, software, Data Files and other material
(collectively the "Content") which is protected by copyright,
trademark or other proprietary rights of Writeyourpage.com other third
parties (including other members).
Use of Data Files (Stories)
4. You may only download Data Files in accordance with the terms of
the Royalty Free License Contract. You may not publish, display, distribute,
transmit, transfer, sell, copy, modify, create derivative works from,
or exploit any Content, except as expressly permitted in this Contract
and the Content License Contract. Content consisting of downloadable
software may not be reverse engineered unless authorized by the owner
of the software's patent or copyright. You may post on the Site any
Data Files on the Site that you own, subject to the terms of the Upload
Contract.
Restrictions on Posting
5. You shall not post anything on the Site which is: (i) libelous, defamatory,
abusive, threatening, pornographic, or obscene; (ii) contains viruses,
Trojan horses, worms, malicious script or other contaminating or destructive
features; (iii) violates third party rights, including any copyright,
trademark, patent, trade secret or right of privacy; or (iv) violates
any applicable law.
Management of Data Files
6.Writeyourpge.com may review all Data Files uploaded by Members on
the Site but is not responsible for the content of such Data Files.
Writeyourpge.com reserves the right to delete, move or edit any Data
File that it thinks does or may violate this Contract or is otherwise
unacceptable or for content reasons. You remain solely responsible for
all Data Files uploaded under your member name. Writeyourpge.com may,
in its discretion, correct errors or omissions in any Data Files..
No Representation
7. WriteYourPage.com does not represent the reliability of any Data
File that you may download and any reliance by you upon such Data File
is at your own risk.
Indemnification
8. You agree to indemnify, defend and hold Writeyourpage.com, and its
officers, directors, owners, agents, harmless from and against any and
all claims, liability, losses, costs and expenses (including legal fees)
incurred by any Writeyourpage Party resulting from: (i) any use or alleged
use of the WriteYourPage web site under your member name by any person,
whether or not authorized by you; (ii) any Data File uploaded under
your member name; or (iii) any breach of your warranties which are contained
in this Contract. WriteYourPage reserves the right, at your expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case you agree to cooperate
with WriteYourPage defense of such claim.
Cancellation of Service
9. Writeyourpage.com reserves the right to restrict, suspend or cancel
your Membership at any time for any reason without prior notice or liability.
Writeyourpage.com may change or discontinue all or any aspect of the
Site at any time, including the availability of any feature, database,
or Content, without prior notice or liability. Cancelled accounts forfeit
the rights to any accumulated earnings, credits, or subscriptions. No
refunds will be made.
Expiry of Download Credits
10. Downloads credits will expire 365 days after purchase or receival.
WriteYourPage shall not be obligated to grant any refund or reimbursement
for removed download credits.
Access to Accumulated Account Balance
11. Account balances reaching at least $50.00 USD may be eligible for
payment, as provided by Writeyourpage.com. Writeyourpage.com takes no
responsibility for lost earnings as a result of banking fees, administrative
fees, lost payments, or currency exchanges. Members are solely responsible
for requesting payment, and are solely responsible for entering the
correct payment instructions. Writeyourpage.com is not obligated to
pay accounts which may be closed or cancelled, no matter what the reason.
Writeyourpage.com reserves the right to withhold payment on any account,
pending their own discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY
12. NEITHER WRITEYOURPAGE.COM NOR ANY PROVIDER OF DATA FILES OR THEIR
RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES WRITEYOURPAGE.COM ., ANY THIRD PARTY PROVIDER OF DATA
FILES OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS
TO BE OBTAINED FROM USE OF THE SITE OR THE DATA FILES. THE SITE AND
THE DATA FILES ARE DISTRIBUTED ON AN "AS IS, WHERE IS, AS AVAILABLE"
BASIS. NEITHER WRITEYOURPAGE.COM ., THIRD PARTY DATA FILE PROVIDERS,
NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SITE OR ANY DATA FILES DOWNLOADED THROUGH
THE SITE. NEITHER WRITEYOURPAGE.COM . NOR ANY THIRD PARTY DATA FILE
PROVIDER WARRANTS THAT ANY DATA FILES AVAILABLE FOR DOWNLOADING THROUGH
THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE
AND ANY DATA FILES DOWNLOADED BY YOU IS YOURS.
NEITHER WRITEYOURPAGE.COM ., ANY THIRD
PARTY DATA FILE PROVIDER NOR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT,
DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous
13. You specifically agree and acknowledge that you have, in addition
to the terms of this Contract, reviewed the terms of the Content Licence
Contract, the Upload Contract and any other contracts which may be incorporated
by reference therein. You further acknowledge that you agree to be bound
by the terms of such agreements.
14. This Agreement will be governed under
the laws of the Province of Nova Scotia and the federal laws of Canada
applicable therein. Each of the parties hereto does expressly submit
to the jurisdiction of the Courts in the Province of Nova Scotia. If
any provision of this Agreement is held invalid, the remainder shall
continue in full force and effect.
CONTENT LICENSE CONTRACT
This Contract is between you and Writeyourpge.com.
(also sometimes referred to herein as "we", "us",
"our", and " Writeyourpge "). By downloading Content
(as defined below) from this website, you agree to be bound by the terms
of this contract with respect to such Content. Do not download Content
if you do not accept these terms.
This is a license, not a sale. You are
permitted to use Content. We continue to own the intellectual property
rights in the Content. Third parties who wish to use any Content must
download it from the WRITEYOURPAGE.COM website themselves.
1. This Contract governs your use of
Writeyourpage.com (namely, written material, or other material that
you download from the Writeyourpage website in conjunction with entering
into this Contract ("Content")).
2. You are hereby granted a perpetual,
non-exclusive, non-transferable license to use Content on the terms
and conditions contained in this Contract. You may only engage in expressly
permitted activity with respect to Content. Writeyourpge.com retains
all other rights in and to the Content and accompanying materials, including,
all intellectual property rights relating thereto.
3. You agree to relinquish all rights to submitted pages and grant exclusive,
absolute and proprietary rights to all written materials submitted to
this web site. You further agree that Writeyourpage.com has exclusive
authority to edit,reject,accept,sell in any form written material submitted
through the web site. You agree that writeyourpage.com has exclusive
authority to manage all business concerns,independently and free from
interference from you as to how the site is managed. You agree that
any and all proceeds from book sales as a result of published material
that you have submitted is granted exclusively to writeyourpage.com.
You agree to hold writeyourpage.com total indemnity as it relates to
published material that may copy a previous book or novel. You agree
to be legally responsible for plagiarism if a page is published that
is already copyrighted. You agree to submit original works of literature,
and for your consideration we agree to compensate all qualified writing
contributors at 50% of net proceeds in the form of credits for all download
book sales from this site. Book sales other than on the internet are
exclusively granted to writeyourpage.com.
ALLOWED USES:
4. You may:
(a) install Content in only one location;
(b) physically transfer any Content and
its archives from one location to another, provided that it may only
be used in one location at a time;
(c) make a single copy of Content solely
for back-up purposes; you must reproduce all proprietary notices on
this single back-up copy;
(d) download and print stories for personal
use;
PROHIBITED USES:
5. You may not provide a copy of Content,
or any portions thereof, to anyone or allow anyone to gain access to
the Content, or any portion thereof, except as permitted above. You
may not do anything with Content that is not expressly permitted. You
may not:
(a) use any Content in design template
applications for resale;
(b) display any Content on websites designed
to induce sales of "print on demand" products, including postcards,
mugs, t-shirts, posters and other items;
(c) use Content in any posters or other
items for resale;
(d) use Content or any part thereof as
part of a trade-mark, design-mark, trade-name, business name, service
mark, or logo;
(e) incorporate Content in any product
that results in a redistribution of the Content;
(f) use Content in a fashion that may
be considered to be pornographic, obscene, defamatory or libelous in
nature;
(g) use any image or words in the Content
that depicts a person to endorse a business, product or service;
(h) use any image or words in the Content
that depicts a person in a potentially sensitive subject matter;
(i) if source code is contained within
the Content or accompanying materials, reverse engineer, decompile,
or disassemble any part of the source code;
(j) remove any notice of copyright, trade-mark
or other proprietary right from any place where it appears in the Content
or its accompanying materials;
(k) sub-license, sell, rent, lend, or
otherwise distribute any Content;
(l) post a copy of any Content on a network
server or web server for use by other users; or
(m) transfer the rights to any Content
or accompanying materials, except as specifically provided for in this
Contract.
TERM:
6. This Contract is effective until terminated.
You can terminate this Contract by destroying the Content, and any related
Derivative Works, and any copies of it or accompanying materials, and
ceasing to use the Content, and any Derivative Works related thereto.
This Contract will also terminate upon your failure to comply with the
terms herein. You agree, upon termination of this Contract, to destroy
all copies of any Content, and any related Derivative Works, to cease
using the Content, and any related Derivative Works, and to confirm
to WriteYourPage in writing that you have complied with these conditions.
7. Termination of this Contract does
not relieve you of your responsibilities to pay any amounts due to WriteYourPage
or your obligations not to use the Content, or any related Derivative
Works, other than as permitted under this Contract.
REPRESENTATIONS AND WARRANTIES:
8. The Writeyourpage.com website acts
as an exchange of Content between those who provide Content to the website
(our Members) and those who wish to use such Content. Accordingly, Writeyourpage.com
makes no representation or warranty that any Content provided is royalty
free.
9. Statements regarding any rights and
ownership of the Content are provided as a reference only and questions
regarding the usability for any purpose or proposed use should be directed
to the party who provided the Content to our website.
10. THE CONTENT AND ANY ACCOMPANYING
MATERIALS ARE PROVIDED "AS IS" WITHOUT REPESENTATION, WARRANTY
OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.WRITEYOURPAGE.COM
DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS
OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF REMEDIES & LIABILITY:
11. WriteYourPages entire liability and
your exclusive remedy, with respect to any claims arising out of your
use of Content or accompanying material, or out of your actions in downloading
Content, are as follows:
(a) You may, upon request to WriteYourPage,
be permitted to download the Content again, at a location WriteYourPage
will provide for you;
(b) If you continue to be unable to download
the Content, WriteYourPage will refund the fee actually paid by you
in respect of the use of such Content, provided WriteYourPage.com determines
that you have been unable to download such Content successfully.
12. IN NO EVENT SHALL WRITEYOURPAGE.COM
OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS,
OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS,
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING
ARISING UNDER OR OUT OF THIS CONTRACT, INCLUDING WITHOUT LIMITATION
YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT,
OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE
ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
13. THE TOTAL MAXIMUM AGGREGATE LIABILITY
UNDER THIS CONTRACT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION
OF ANY OF THE CONTENT IN ANY MANNER WHATSOEVER IS TO BE LIMITED TO THE
FEES ACTUALLY PAID BY YOU TO WRITEYOURPAGE.COM UNDER THIS CONTRACT IN
RESPECT OF THE USE OF THE CONTENT.
INDEMNIFICATION:
14. You agree to indemnify and hold Write
Your Page harmless against all claims or liability asserted against
WriteYourPage arising out of or in connection with any breach by you
or anyone acting on your behalf of any of the terms of this Contract.
GENERAL:
15. If any provision or part of this
Contract is unenforceable the parties or, in the event the parties are
unable to agree, a court of competent jurisdiction, shall put in place
thereof an enforceable provision or provisions, or part thereof, that
as nearly as possible reflects the terms of the unenforceable provision
or part thereof.
16. You agree to pay and be responsible
for any and all sales taxes, use taxes, value added taxes and duties
imposed by any jurisdiction as a result of the license granted to you,
or of your use of the Content, pursuant to this Contract.
JURISDICTION & ARBITRATION:
17. This Contract will be governed under
the laws of the Province of Nova Scotia and the federal laws of Canada
applicable therein (without reference to conflicts of laws principles).
This Contract will not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application of
which is expressly excluded. You consent to service of any required
notice or process upon you by registered mail or overnight courier with
proof of delivery notice, addressed to the address or contact information
provided by you at the time the Content was downloaded, or such other
address as you may advise us in writing to use.
18. Any disputes arising out of, or in
connection with this Contract, including without limitation, its validity,
interpretation, performance and breach, shall be submitted to arbitration
in Halifax, Nova Scotia, pursuant to the applicable legislation in effect
at the time arbitration is demanded.
19. If WriteYourPage.com is obligated
to go to court, rather than arbitration, to enforce any of its rights,
or to collect any fees, you agree to reimburse WriteYourPage.com for
its legal fees, costs and disbursements if WriteYourPage.com is successful.
20. YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS CONTRACT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE CONTRACT BETWEEN YOU AND WRITEYOURPAGE.COM , WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR CONTRACT, ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATION BETWEEN YOU AND WRITEYOURPAGE.COM RELATING TO THE
SUBJECT OF THIS CONTRACT.
UPLOAD AGREEMENT
This is a Contract between any Member
intending to upload data onto the WriteYourPage.com website (the "Writer")
and WriteYourPage.com Inc. (also sometimes referred to herein as "WriteYourPage.com
"). By uploading a ("Data File") the Writer understands
that he or she agrees to be bound by the terms of this Contract.
Copyright
WriteYourPage.com . prohibits any Data
File or any other material that infringes on any patent, trademark,
copyright, trade secret, right of privacy, or any other applicable law
or proprietary right to be uploaded to its website located at WriteYourPage.com.
By uploading his or her Data File, the Writer warrants that he or she
owns all proprietary rights, including copyright, in and to the Data
File.
The Writer hereby grants WriteYourPage.com
. an exclusive licence to post the Data File on the web site located
at WriteYourPage.com , and further grants WriteYourPage.com the right
to sub-license such Data File to members of WriteYourPage.com . in accordance
with the terms of the WriteYourPage Content Licence.
It is agreed that all rights, including
title and copyright, in and to the uploaded Data Files is surrendered
by the Writer, and that all title or copyright transfers is granted
to WriteYourPage.com. or any third party. The writer acknowledges that
no monetary or financial compensation is owed or required to be paid
to the writer by WriteYourPage.com . or any of its directors, officers,
employees, partners, agents or members for the rights granted herein
by the Writer. Notwithstanding the foregoing, WriteYourPage.com . currently
acknowledges that its policy is to provide certain payments to the Writer
whenever a completed book is downloaded, and the parties agree that
WriteYourPage.com . may amend such policy as reasonable business objectives
may from time to time require.
The Writer agrees that neither WriteYourPage.com
. nor any of its directors, officers, employees, partners or agents
shall be liable for any damages, whether direct, indirect, consequential
or incidental, arising out of the use of, or the inability to use, the
Data File. The Writer further acknowledges that he or she is legally
responsible for any challenges made by a third party regarding copyright
in the Data File.
Indemnification
The Writer agrees to indemnify, defend
and hold WriteYourPage.com . and its officers, directors, owners, agents,
information providers and licensors (collectively, the "WriteYourPage.com
Party's") harmless from and against any and all claims, liability,
losses, costs and expenses (including attorneys' fees) incurred by any
WriteYourPage.com . Party in connection with: (i) any use or alleged
use of the WriteYourPage.com web site under the Writer's member name
by any person, whether or not authorized by the Writerr; (ii) any Data
File uploaded under the Writer's member name; or (iii) any breach of
the Writer's Warranties contained in this Contract. WriteYourPage.com
. reserves the right, at the Writer's expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by the Writer, and in such case, the Writer agrees to cooperate with
WriteYourPage.com defence of such claim.
Warranties
The Writer warrants that he or she has
the right to grant the license contained in this Contract to Writeyourpage.com.
The writer makes no warranty, expressed or implied, including any implied
warranties of merchantability or fitness for a particular purpose. The
Data File is supplied "as is".
Jurisdiction
This Contract will not be governed by
the United Nations Convention on Contracts for the International Sale
of Goods, the application of which is expressly excluded. This Contract
will be governed under the laws of the Province of Nova Scotia and the
federal laws of Canada applicable therein. Each of the parties hereto
does expressly submit and attorn to the jurisdiction of the Courts in
the Province of Nova Scotia. The international copyright laws of the
United States and Canada will govern this Contract. If any provision
of this Contract is held invalid, the remainder of the Contract shall
continue in full force and effect.
©2007 WriteYourPage.com