Please take a few minutes to read through the Agreement completely before using The Website. By accessing and using The Website, you agree to be bound by the terms and conditions set forth in the Agreement. If you do not agree with any of the terms and conditions herein, you may not access or use any part of The Website, including the Writocity Services. If the Agreement is considered an offer by Writocity, acceptance is expressly limited to the terms and conditions contained within. Only those aged 13 or older may use The Website.
You are solely responsible for maintaining the security of your account. You take full responsibility for any and all activity that occurs under your account, as well as any other actions related to your campaigns. Any information used to describe your account cannot be misleading or unlawful in any way, including in a manner meant to trade on the name or reputation of others. Writocity reserves the right to change or remove any information it considers inappropriate or may cause Writocity liability. You must notify Writocity immediately of any unauthorized use of your account or any other breaches of security. Writocity is not responsible and will not take liability for any omissions by You, including damages of any kind as a result of such omissions.
As a user of The Website, You are responsible for protecting your computer system from viruses, worms or other harmful content. By using The Website, you understand that it may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies and typographical or other errors. You further understand that The Website may contain content that violates privacy or publicity rights, or infringes on the intellectual property and proprietary rights of third parties. Content on The Website may also contain copyright infringements subject to additional terms and conditions whether stated or unstated. Writocity disclaims any responsibility for damages resulting from the use of The Website by visitors.
Writocity has not and cannot review all of the content linked to by Writocity, nor any that links to Writocity. Writocity cannot control non-Writocity websites and is not responsible for content posted on said websites. Writocity does not claim to endorse or support third party websites. You are responsible for protecting your computer systems from viruses, worms and other harmful content. Writocity is not responsible for any damages resulting from the use of non-Writocity websites.
Writocity expects users to respect our intellectual property rights and do the same for others. If you believe any of the Content posted on, or linked to The Website violates your copyright, You are encouraged to contact Writocity immediately. Writocity will remove the offending material or disable any links to the infringing content and Writocity will terminate the visitor’s access to The Website if the visitor is deemed to be a repeat infringer of copyrights or other property rights of Writocity or others. Writocity is under no obligation to refund any fees previously paid should this happen.
This Agreement does not transfer from Writocity to you or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with Writocity. Writocity, Writocity.com, the Writocity logo, and all other trademarks, service marks, graphics and logos used in connection with Writocity, or The Website are trademarks or registered trademarks of Writocity or Writocity’s licensors. Other trademarks, service marks, graphics and logos used in connection with The Website may be the trademarks of other third parties. Your use of The Website grants you no rights or licenses to reproduce or otherwise use any Writocity or third-party trademarks.
Writocity reserves the right to make changes at any time to the Agreement. You are encouraged to check the Agreement periodically for changes. Continued use of The Website after such changes are made indicates an acceptance of the changes. New services and/or features may be added to The Website periodically and will be subject to the same terms and conditions set forth in the Agreement.
Writocity reserves the right to terminate your access to The Website, or any part thereof, at any time, with or without notice, effective immediately. If you wish to discontinue your Agreement or account with Writocity, simply stop using The Website. Writocity Services accounts can only be terminated by Writocity if you breach the Agreement and fail to cure such a breach within 30 days of receiving notice from Writocity. All provisions of the Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is.” Writocity, its suppliers and licensors claim no warranties of any kind, expressed or implied. Writocity, its suppliers and licensors make no warranties that the Website will be error-free or that access to The Website will be continuous or uninterrupted. You understand that you download and view Content on The Website at your own risk.
Writocity, its suppliers and licensors will in no way be liable for (i) any special, accidental or other consequential damages; (ii) the cost of any substitute products or services; (iii) for interruption of use or corruption of data; (iv) for any amount that exceeds the fees paid by You to Writocity under this agreement during the 12 month period prior to the cause of action. Writocity has no liability for failure or delay due to matter beyond a reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Writocity, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of The Website, including but not limited to your violation of this Agreement.
The Agreement is the entire agreement between you and Writocity. It may only be modified by written amendment signed by an authorized executive of Writocity or by a posting of a revised Agreement by Writocity. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Suffolk, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Suffolk, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Writocity may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.