Terms of Service for Writocity

Writocity offers content management and writing solutions for website owners.  All of our services are “paid” services.  In order to use our services, there are some legalities we need to get out of the way that protect you – and us, so everyone has a safe and enjoyable experience.

Terms of Service

The following terms and conditions apply to all aspects of the Writocity website (referred to as The Website from now on), its content, services and any products available through our website, including, but not limited to, the Writocity content management services.  The Website is owned and operated by Captive Text, LLC. doing business as Writocity. By using The Website, you accept, without modification, all the terms and conditions set forth here as well as all other operating rules, policies (including the Writocity Privacy Policy) and any additions that may be published to The Website from time to time by Writocity administration (collectively known as the Agreement from now on.)

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.

Your Writocity Account and Site

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.

Payments and Renewals

    1. General Terms: Paid services (referred to as Upgrade from now on), such as extra storage, domain purchases or VIP hosting are available on The Website. Upon purchasing an Upgrade, you agree to pay Writocity the monthly or annual fee indicated (additional payment terms are specified below). You will be charged on a pre-pay basis beginning on the day you purchase the Upgrade and the term of service will cover the use of that service for a monthly or annual period as specified. Upgrade fees are non-refundable.
    2. Automatic Renewals: Unless you notify Writocity before the end date of your blog management subscription, Writocity will automatically renew your subscription for the specified monthly or annual period and you authorize us to use any payment method we have on record to collect the applicable fee. You may cancel at any time by contacting our support specialists.

 

Writocity Services

    1. Fees and Payments: By signing up for Writocity Services, you agree to pay Writocity the fees indicated in exchange for the services provided. Beginning from the day you purchase the services and in advance of said services, fees will be invoiced. Writocity reserves the right to change the payment terms and fees with a 30 day written notice to you. You may terminate any Writocity Service anytime upon a 30 day written notice to Writocity.
    2. Support: Writocity Services include priority email support. Priority means that Writocity Services customers receive assistance before all other inquiries. You can make requests for technical support though email or Live Chat and Writocity will make reasonable efforts to respond within one business day. All Writocity Services will be provided in accordance with Writocity standard practices, procedures and policies.

 

Responsibility of Website Visitors

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.

Content Posted on Other Websites

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.

Copyright infringement and DMCA Policy

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.

Intellectual Property

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.

Changes

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.

Termination

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.

 Disclaimer of Warranties

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.

Limitation of Liability

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.

General Representation and Warranty

By using The Website, you represent and warranty that (i) you accept and will be in strict compliance of Writocity’s Privacy Policy, the Agreement and with all applicable laws and regulations, including but not limited to those in your country, state, city or other governmental area, regarding online conduct and acceptable content. This includes the transmission of technical data from the United States or the country in which you reside and (ii) you will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

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.

Miscellaneous

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.