TERMS
OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE
TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS
OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE
AS OF 08/15/2016.
ACCEPTANCE OF TERMS
The
following Terms of Service Agreement (the "TOS") is a legally binding
agreement that shall govern the relationship with our users and others which
may interact or interface with Succeed At Writing, also known as Writing Coach,
located at 12012 Driver Ln, Spring Hill, Florida 34610 and our subsidiaries and
affiliates, in association with the use of the Writing Coach website, which
includes http://www.succeedatwriting.com, (the "Site") and its
Services, which shall be defined below.
DESCRIPTION OF WEBSITE
SERVICES OFFERED
The
Site is a blog that has the following description:
Provide
Creative Writing information and provide Writing Coach Services, writing
services, and creative writing lessons for a fee.
Any
and all visitors to our site shall be deemed as "users" of the
herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the
Services provided and made available through our website and applications,
which may include some mobile applications and that those applications may be
made available on various social media networking sites and numerous other
platforms and downloadable programs, are the sole property of Succeed At Writing. At its discretion, Succeed At
Writing may offer additional website Services and/or products, or update,
modify or revise any current content and Services, and this Agreement shall
apply to any and all additional Services and/or products and any and all
updated, modified or revised Services unless otherwise stipulated. Succeed At
Writing does hereby reserve the right to cancel and cease offering any of the
aforementioned Services and/or products. You, as the end user acknowledge,
accept and agree that Succeed At Writing shall not be held liable for any such
updates, modifications, revisions, suspensions or discontinuance of any of our
Services and/or products. Your continued use of the Services provided, after
such posting of any updates, changes, and/or modifications shall constitute
your acceptance of such updates, changes and/or modifications, and as such,
frequent review of this Agreement and any and all applicable terms and policies
should be made by you to ensure you are aware of all terms and policies
currently in effect. Should you not agree to the updated, revised or modified
terms, you must stop using the provided Services forthwith.
Furthermore,
the user understands, acknowledges and agrees that the Services offered
shall be provided "AS IS" and as such Succeed At Writing shall not
assume any responsibility or obligation for the timeliness, missed delivery,
deletion and/or any failure to store user content, communication or
personalization settings.
PRIVACY POLICY
Every
member's registration data and various other personal information are strictly
protected by the Succeed At
Writing Online Privacy Policy (see the full Privacy Policy at
http://www.succeedatwriting.com/p/copyright.html). As a member, you herein
consent to the collection and use of the information provided, including the
transfer of information within the United States and/or other countries for
storage, processing or use by Succeed At Writing and/or our subsidiaries and
affiliates.
INTERSTATE COMMUNICATION
Upon
registration, you hereby acknowledge that by using
http://www.succeedatwriting.com to send electronic communications, which would
include, but are not limited to, email, searches, instant messages, uploading
of files, photos and/or videos, you will be causing communications to be sent
through our computer network. Therefore,
through your use, and thus your agreement with this TOS, you are acknowledging
that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR
GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet,
through the use of our network you hereby agree to comply with all local rules
relating to online conduct and that which is considered acceptable Content.
Uploading, posting and/or transferring of software, technology and other
technical data may be subject to the export and import laws of the United
States and possibly other countries. Through the use of our network, you thus
agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a)
are not on the list of prohibited individuals
which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import laws and
regulations;
b)
agree not to transfer any software,
technology or any other technical data through the use of our network Services
to any export-prohibited country;
c)
agree not to use our website network Services
for any military, nuclear, missile, chemical or biological weaponry end uses
that would be a violation of the U.S. export laws; and
d)
agree not to post, transfer nor upload any
software, technology or any other technical data which would be in violation of
the U.S. or other applicable export and/or import laws.
CONTENT PLACED
OR MADE AVAILABLE FOR COMPANY SERVICES
Succeed At Writing shall not lay claim to
ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for Succeed At Writing the
below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a)
The content submitted or made available for
inclusion on the publicly accessible areas of Succeed At Writing's sites, the
license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services
is for the sole purpose of providing and promoting the specific area to which
this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Succeed At Writing's sites, and
shall terminate at such time when you elect to discontinue your membership.
b)
Photos, audio, video and/or graphics
submitted or made available for inclusion on the publicly accessible areas of
Succeed At Writing's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content
on our network Services are for the sole purpose of providing and promoting the
specific area in which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of Succeed
At Writing's sites and shall terminate at such time when you elect to
discontinue your membership.
c)
For any other content submitted or made
available for inclusion on the publicly accessible areas of Succeed At
Writing's sites, the continuous, binding and completely sub-licensable license
which is meant to permit to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and/or publicly display said content, whether in whole
or in part, and the incorporation of any such Content into other works in any
arrangement or medium current used or later developed.
Those areas which may be deemed
"publicly accessible" areas of Succeed At Writing's sites are those
such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are
openly available to users. However, those areas which are not
open to the public, and thus available to members only, would include our mail
system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Succeed At Writing provides an area for our
users to contribute feedback to our website. When you submit ideas, documents,
suggestions and/or proposals ("Contributions") to our site, you
acknowledge and agree that:
a)
your contributions do not contain any type of
confidential or proprietary information;
b)
Writing Coach shall not be liable or under
any obligation to ensure or maintain confidentiality, expressed or implied,
related to any Contributions;
c)
Writing Coach shall be entitled to make use
of and/or disclose any such Contributions in any such manner as they may see
fit;
d)
the contributor's Contributions shall
automatically become the sole property of Writing Coach; and
e)
Writing Coach is under no obligation to
either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold Succeed At
Writing, our subsidiaries, affiliates, agents, employees, officers, partners
and/or licensors blameless or not liable for
any claim or demand, which may include, but is not limited to, reasonable
attorney fees made by any third party which may arise from any content a
user of our site may submit,
post, modify, transmit or otherwise make available through our Services, the
use of Writing Coach Services or your
connection with these Services, your violations of the Terms of Service and/or
your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user
herein agrees not to replicate, duplicate, copy, trade, sell, resell nor
exploit for any commercial reason any part, use of, or access to Writing
Coach's sites.
MODIFICATIONS
Succeed At Writing shall reserve the right at
any time it may deem fit, to modify, alter and or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third
party for any such alteration, modification, suspension and/or discontinuance
of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with,
or the participation in any promotions of, advertisers located on or through
our Services, which may include the payment and/or delivery of such related
goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between
you and any such advertiser. Moreover, you herein agree that Succeed At Writing
shall not be held responsible or liable for any loss or damage of any nature or
manner incurred as a direct result of any such dealings or as a result of the
presence of such advertisers on our website.
LINKS
Either Succeed At Writing or any third
parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any
such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other
materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Succeed At Writing shall not be
responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that
Succeed At Writing's Services and any essential software that may be used in
connection with our Services ("Software") shall contain proprietary
and confidential material that is protected by applicable intellectual property
rights and other laws. Furthermore, you herein acknowledge and agree that any
Content which may be contained in any advertisements or information presented
by and through our Services or by advertisers is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Therefore, except for
that which is expressly permitted by applicable law or as authorized by Succeed
At Writing or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or
created any plagiaristic works which are based on Succeed At Writing Services
(e.g. Content or Software), in whole or part.
Succeed At Writing herein has granted you
personal, non-transferable and non-exclusive rights and/or license to make use
of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the
interface which is provided by Succeed At Writing for use in accessing our
Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE
THAT:
a)
THE USE OF SUCCEED AT WRITING SERVICES AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE
PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SUCCEED
AT WRITING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b)
SUCCEED AT WRITING AND OUR SUBSIDIARIES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES
THAT (i) SUCCEED AT WRITING SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
(ii) SUCCEED AT WRITING SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE
OF THE SUCCEED AT WRITING SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH
MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET
YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL
BE CORRECTED.
c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED BY WAY OF SUCCEED AT WRITING SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING
AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF
ANY SUCH INFORMATION OR MATERIAL.
d)
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER
WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SUCCEED AT WRITING OR BY WAY
OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e)
A SMALL PERCENTAGE OF SOME USERS MAY
EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF
ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR
FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND
AGREE THAT SUCCEED AT WRITING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY
HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT
FROM:
a)
THE USE OR INABILITY TO USE OUR SERVICE;
b)
THE COST OF PROCURING SUBSTITUTE GOODS AND
SERVICES;
c)
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF
YOUR TRANSMISSIONS AND/OR DATA;
d)
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY
ON OUR SERVICE;
e)
AND ANY OTHER MATTER THAT MAY BE RELATED TO
OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to
release Succeed At Writing (and its officers, directors, employees, agents,
parent subsidiaries, affiliates, co-branders, partners and any other third
parties) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected or unsuspected, disclosed and
undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any
service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and
Limitations of Liability again. In addition, for this particular type of
information, the phrase "Let the investor beware" is appropriate.
Succeed At Writing's content is provided primarily for informational purposes,
and no content that shall be provided or included in our Services is intended
for trading or investing purposes. Succeed At Writing and our licensors shall
not be responsible or liable for the accuracy, usefulness or availability of
any information transmitted and/or made available by way of our Services, and
shall not be responsible or liable for any trading and/or investment decisions
based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS THAT DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree,
unless otherwise expressly provided in this TOS, that there shall be no
third-party beneficiaries to this agreement.
NOTICE
Succeed At Writing may furnish you with
notices, including those with regards to any changes to the TOS, including but
not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be
herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your
acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed
our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree
that all of the Succeed At Writing trademarks, copyright, trade name, service
marks, and other Succeed At Writing logos and any brand features, and/or
product and service names are trademarks and as such, are and shall remain the
property of Succeed At Writing. You herein agree not to display and/or use in
any manner the Succeed At Writing logo or marks without obtaining Succeed At
Writing's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Succeed At Writing will always respect the
intellectual property of others, and we ask that all of our users do the same.
With regards to appropriate circumstances and at its sole discretion, Succeed
At Writing may disable and/or terminate the accounts of any user who violates
our TOS and/or infringes the rights of others. If you feel that your work has
been duplicated in such a way that would constitute copyright infringement, or
if you believe your intellectual property rights have been otherwise violated,
you should provide to us the following information:
a)
The electronic or the physical signature of
the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest;
b)
A description of the copyrighted work or
other intellectual property that you believe has been infringed upon;
c)
A description of the location of the site
which you allege has been infringing upon your work;
d)
Your physical address, telephone number, and
email address;
e)
A statement, in which you state that the
alleged and disputed use of your work is not authorized by the copyright owner,
its agents or the law;
f)
And finally, a statement, made under penalty
of perjury, that the aforementioned information in your notice is truthful and
accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual
property owner's behalf.
The Succeed At Writing Agent for notice of
claims of copyright or other intellectual property infringement can be
contacted as follows:
Mailing Address:
Succeed At Writing
Attn: Copyright Agent
12012 Driver Ln
Spring Hill, Florida 34610
Telephone: 813-300-6692
Email: coach@vickimtaylor.com
CLOSED CAPTIONING
BE IT KNOWN, that Succeed At Writing complies
with all applicable Federal Communications Commission rules and regulations
regarding the closed captioning of video content. For more information, please
visit our website at http://www.succeedatwriting.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement
between you and Succeed At Writing and shall govern the use of our Services,
superseding any prior version of this TOS between you and us with respect to
Succeed At Writing Services. You may also be subject to additional terms and
conditions that may apply when you use or purchase certain other Succeed At
Writing Services, affiliate Services, third-party content or third-party
software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and
Succeed At Writing with regard to the TOS that the relationship between the
parties shall be governed by the laws of the state of Florida without regard to
its conflict of law provisions and that any and all claims,
causes of action and/or disputes, arising out of or relating to the TOS, or
the relationship between you and Succeed At Writing, shall be filed within the
courts having jurisdiction within the County of Pasco, Florida or the U.S.
District Court located in said state. You and Succeed At Writing agree to
submit to the jurisdiction of the courts as previously mentioned, and agree to
waive any and all objections to the exercise of jurisdiction over the parties
by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF
TERMS
At any time, should Succeed At Writing fail
to exercise or enforce any right or provision of the TOS, such failure shall
not constitute a waiver of such right or provision. If any provision of this
TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that
regardless of any statute or law to the contrary, any claim or action arising
out of or related to the use of our Services or the TOS must be filed within 5 year(s) after said claim or cause of
action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this
TOS to Succeed At Writing as follows:
Mailing Address:
Succeed At Writing
12012 Driver Ln
Spring Hill, Florida 34610
Telephone: 813-300-6692
Email: coach@vickimtaylor.com
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