Terms of Service
Introduction
Please read these terms of use carefully before using this WryteWords.com website. By accessing or using this site or becoming member of this site, you agree to be bound by these terms of use, including the disclaimers set forth below and privacy policy. If you are not willing to be bound by these terms of use, including the disclaimers, you may not access or use this site or become member of this site.
Changes to terms and conditions
Gigundo, Inc reserve the right, at our discretion, to modify, add, or remove portions of these terms of use at any time and each such change shall be effective immediately upon posting. Please check these terms of use and privacy policy periodically for changes. Your continued use of this site following the posting of changes to these terms of use will mean you accept those changes.
Age restriction
If you are thirteen years old or younger, you are prohibited from downloading, registering for, or using this site. By using this site, you warrant to WryteWords.com that you are above the age of thirteen. Any person under the age of 13 should get their parent's or guardian's permission to become a registered member. Adult content on this website can only be viewed by registered users over age of 18 years.
Accessing our site
We reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, Gigundo, Inc may restrict access to some part of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. We have the right to terminate your membership at any time in our sole discretion.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
You are responsible for all use of your account and for any information, material and products you post onto the site and we assume no responsibility or liability for such information and reserve the right to reject or remove any information/content for any reason without explanation or liability.
You agree that when using our services you will not:
· Plagiarize the works of others. All material posted will be original.
· Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. This includes the posting of identifying or contact information of others without their consent.
· Use the site to solicit donations or contributions from site members.
· Discuss or publicize legal matters (divorce, child custody, etc.). Expression of emotions pertaining to the cases and situations is allowable; however, actual specifics (settlements, evidence) will be immediately removed from the site, as well as any strong or explicit language used to attack one side of the legal dispute.
· Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, video, audio, material or information.
· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless our service specifically allows such messages.
· Conduct or forward surveys, contests, pyramid schemes or chain letters.
· Download any file posted by another user of our service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying our services.
· Violate any code of conduct or other guidelines
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· Violate any applicable laws or regulations.
· Provide any content that encourages a criminal offense or violates the rights of any party.
· Impersonate anyone else or misrepresent your affiliation with a person or entity.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Intellectual property rights
Gigundo, Inc is the owner or the licensee of all intellectual property rights in our site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Gigundo, Inc do not however claim ownership of any content you post onto the site which shall remain your property, however by posting content onto this site you hereby grant us a non-exclusive royalty free license to use, modify, delete, reproduce and distribute such content for the purposes of operating this site. You also hereby acknowledge that we may retain archived copies of any of your content even if you have removed such content. You hereby represent that any content you post is owned by you or otherwise you have the right to grant the aforesaid license and that any content does not violate the intellectual property rights of any third party.
You may print off copies, and may download extracts, of any page(s) from our site for your personal reference only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No unlawful or prohibited use
As a condition of your use of the WryteWords.com website, you warrant to WryteWords.com that you will not use the WryteWords.com website for any purpose that is unlawful or prohibited by these terms of use. You may not use the WryteWords.com website in any manner which could damage, disable, overburden, or impair the WryteWords.com website or interfere with any other party's use and enjoyment of the WryteWords.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WryteWords.com websites.
Materials provided to WryteWords.com or posted at WryteWords.com
WryteWords.com does not claim ownership of the materials you provide (including feedback and suggestions) or post, upload, input or submit to WryteWords.com website or its associated services (collectively "submissions"). However, by posting, uploading, inputting, providing or submitting your submission you are granting WryteWords.com permission to use your submission in connection with the operation of this website, including, without limitation, the rights to publicly display, translate and reformat your submission for display, and to publish your username or name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein (for display on this website). WryteWords.com is under no obligation to post or use any submission you may provide and may remove any submission at any time in WryteWords.com sole discretion.
by posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Links to third party sites
The WryteWords.com website may contain links to other websites ("linked sites"). The linked sites are not under the control of WryteWords.com and WryteWords.com is not responsible for the contents of any linked site, including without limitation to any link contained in a linked site, or any changes or updates to a linked site. WryteWords.com is not responsible for webcasting or any other form of transmission received from any linked site. WryteWords.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WryteWords.com of the site or any association with its operators.
Privacy policy
For the terms of use governing our collection and use of personal and general information, please refer to our privacy policy. This policy explains how we compile and use information about you and other visitors to the WryteWords.com website. By accessing WryteWords.com website, you are agreeing to the terms stated within our privacy policy.
Disclaimer of warranties
You expressly understand and agree that your use of the WryteWords.com website and its services is at your sole risk and that the website and its services are provided "as is" and “as available.”
Further, WryteWords.com, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
· Your use of the website will meet your requirements,
· Your use of the website will be uninterrupted, timely, secure or free from error,
· Any information obtained by you as a result of your use of the website will be accurate or reliable, and any material downloaded or otherwise obtained or accessed through the use of the websites is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the downloading, obtainment, or accessing of any such material.
· No advice or information, whether oral or written, obtained by you from WryteWords.com shall create any warranty not expressly and unequivocally stated in these terms of use. WryteWords.com makes no representations or warranties as to the accuracy or reliability of such information.
· WryteWords.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Without limiting the generality of the foregoing, WryteWords.com disclaims any warranty that any posting, video, audio, or other content on the site or in the services is appropriate for any particular reader, or that such material is free of offensive, indecent, obscene, defamatory or other potentially inappropriate elements. you acknowledge that we do not and cannot review and monitor content on the site or in the services, and you hereby agree that we shall have no liability for any damages or costs that may arise from our publication or your viewing or reading of, exposure to, or access to any posting, video, audio, or other content on the site or the services.
WryteWords.com makes no warranty regarding any products or services purchased or obtained through the site or the services or any transactions entered into through the service or by way of the services. No advice or information, whether oral or written, obtained by you from WryteWords.com or the services shall create any warranty not expressly made herein.
Nothing in these terms of use shall exclude or limit WryteWords.com warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the fullest extent permitted by law.
Limitation of liability
Under no circumstances shall WryteWords.com, its licensees, successors, assigns, related or affiliated entities, advertisers, sponsors, providers, contractors, consultants or professional advisors or the parent, subsidiary or affiliated companies of each of them and any of its or their employees, officers, directors, members, shareholders, representatives or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the site or the services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if WryteWords.com has been advised of the possibility of such damage. To the extent some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the WryteWords.com liability in such jurisdictions shall be limited to the extent required by law.
Hold harmless, indemnification & release
By accessing or otherwise downloading content from the WryteWords.com website, you agree to indemnify, hold harmless and release WryteWords.com (and its employees, officers, directors, owners, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use or misuse of the WryteWords.com website or any content or services contained therein or provided thereby, including but not limited to, information from third-party websites linked to the WryteWords.com website.
Digital millennium copyright act (dace) notices; copyright agent
WryteWords.com respects the intellectual property rights of others. if you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the WryteWords.com website, please provide the following information in writing to WryteWords.com copyright agent (see 17 u.s.c. section 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
4. Information so that we can contact you, such as address, telephone number and e-mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or submitted to the WryteWords.com website, that were subsequently removed from the WryteWords.com websites, or to which access was disabled, were improperly removed or disabled, please provide the following counter-notification to WryteWords.com copyright agent (see 17 u.s.c. section 512(g) for further detail):
1. Your physical or electronic signature.
2. A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
WryteWords.com copyright agent can be reached as follows: TBD
Only dmca notices should be sent to the copyright agent. For other comments or questions regarding the WryteWords.com website, please contact WryteWords.com through our contact page.
International users
The service is controlled and operated within the United States. WryteWords.com makes no representation that content, materials or products available on or through the service are appropriate or available for use outside of the United States. If you access the service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
Miscellaneous
These terms of use, together with the privacy policy, represent the entire understanding of the parties regarding the use of the WryteWords.com website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the WryteWords.com website. these terms of use shall be governed by and construed under laws of state of North Carolina without regard to its choice of law rules, and, where applicable, the laws of the united states. To the extent permissible by law, any disputes under these terms of use or relating to the service shall be litigated in the local or federal courts located, and you hereby consent to personal jurisdiction and venue, in North Carolina. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.
Questions
If you have any questions about the terms of use, please contact WryteWords.com.
These terms of use are intended to comply fully with the requirements of the online copyright infringement liability limitation act and the digital millennium copyright act.