Terms of Service
Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by WritScrib, including information, text, images, graphics, data or other materials ("Content") and products and services provided through writscrib.com. This Service is operated by WritScrib, LLC. ("WritScrib”). WritScrib is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the WritScrib website (the "Site"). If you choose to register as a member of our Service or purchase products from the WritScrib Shop, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").
Section I: General Terms
- 1. Availability
This Service is provided by WritScrib on an "AS IS" and "AS AVAILABLE" basis and WritScrib reserves the right to modify, suspend, or discontinue the Service, in its sole discretion, with 30 days notice provided. You agree that WritScrib is and will not be liable to you for any modification, suspension, or discontinuance of the Service. Should WritScrib discontinue the Service, users will be able to request their Chips in the form of a deposit to their linked account, a personal check, or a donation to the charity of their choice.
- 2. Privacy
- 3. Trademarks
All brand, product and service names used in this Service which identify WritScrib or third parties and their products and services are proprietary marks of WritScrib and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of WritScrib or any third party with respect to any such image, logo or name.
- 4. Copyright
WritScrib is, unless otherwise stated, the owner of all copyright and data rights not provided by individual users of the Service. Individuals who have posted to WritScrib agree to only post content that they hold copyright to, unless they waive their ownership of the post and refuse to accept payment for such posts. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of WritScrib or the appropriate owner of copyright in such works. WritScrib does not claim ownership rights in your works or other materials posted by you to WritScrib (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
- 5. Reporting Copyright Violations
WritScrib respects the intellectual property rights of others and expects users of the Service to do the same. At WritScrib's discretion and in appropriate circumstances, WritScrib may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact WritScrib for notice of claims of copyright infringement through firstname.lastname@example.org. You must provide us with substantially the following information, which WritScrib may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed 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 reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please see WritScrib's Copyright Policy for further information and details.
- 6. External Links
WritScrib and its users may provide links to third-party websites or resources. You acknowledge and agree that WritScrib is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WritScrib of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- 7. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall WritScrib be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
- 8. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to WritScrib that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. WritScrib does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless WritScrib, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
- 9. Disclaimer of Warranty and Limitation of Liability
WRITSCRIB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WRITSCRIB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WRITSCRIB MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT WRITSCRIB IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, WRITSCRIB SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF WRITSCRIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WRITSCRIB'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO WRITSCRIB PURSUANT TO THIS AGREEMENT.
- 10. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to WritScrib for your account, as well as providing a public comment period of 30 days on any amendments to these Terms within our WritScrib Feedback Group. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
- 11. General
These Terms constitute the entire agreement between WritScrib and you with respect to your use of the Service. WritScrib's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. WritScrib shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of WritScrib. These Terms shall be governed by and construed in accordance with the laws of the State of Vermont. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Vermont.
- 12. Comments
If you have any comments or questions about the Service please contact us by email at help@WritScrib.com, or by commenting within our WritScrib Feedback Group.
Section II: Additional Terms
- 13. Registration
To register as a member of the Service or purchase products, you must be 13 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors under the age of 13 submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
- 14. Password
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify WritScrib of any unauthorized use of your password.
- 15. Submitting Content
- Private Messages - As a registered member of the Service, you will be granted the privilege of messaging other users on the WritScrib website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the WritScrib website, subject to your compliance with the Terms.
- Your Posts - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Your Posts," for display on your user profile. Prior to submitting Your Posts, you must accept the additional terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, the Terms.
- 16. Copyright in Your Content
WritScrib does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to WritScrib a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, you otherwise retain full copyright to Your Content and may remove it at your discretion.
- 17. Monitoring Content
WritScrib has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
- 18. Storage Policy
At this time, WritScrib provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that WritScrib may, at its discretion, establish limits concerning your use of the Service, including without limitation, the maximum size of any Content files that may be stored on the Service and the maximum disk space that will be allotted to you for the storage of Content on WritScrib's servers.
- 19. Conduct
You agree to be subject to and to conduct yourself in accordance with the WritScrib Community Guidelines. You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer to WritScrib's Copyright Policy for further details.
You agree not to use the Service:
- for any unlawful purposes; to upload, post, or otherwise transmit any material that is an invasion of privacy or publicity rights, defamatory, libelous, or illegal;
- to upload, post, or otherwise transmit any material that infringes any copyright, trademark, patent, or other intellectual property right or any moral right or artist's right of any third party, or to facilitate the unlawful distribution of copyrighted content or illegal content;
- to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- to upload, post, or otherwise transmit any material which is likely to cause harm to WritScrib or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- for any commercial purpose, except as expressly permitted under these Terms;
- to sell access to the Service on any other website.
19A. Commercial Activities Commercial activities mean the offering, solicitation, or sale of goods or services by anyone other than WritScrib. Commercial activities with respect to posts are permitted for registered members acting as individuals, for small corporations or partnerships, or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are not offered by the Service. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.
19B. Groups As a registered member of the Service, you will also be able to participate as an administrator or member of a "Group" which is a feed curated by the users of said Group. Further information about Groups can be found in our Community Guidelines.
You agree to participate in a Group on the basis of its own rules consistent with these Terms of Service, the conduct set out in paragraph 19, above, and such other rules created by us for Groups from time to time including with respect to the use of Groups for commercial activities. As an administrator or participant in a Group you acquire no ownership rights over the Group, the Group applications provided by us or over the right to conduct the activities of the Group. Any Content submitted to a Group remain, as between the Group and the user submitting such content, the property of the person who submitted the content.
Groups are managed by registered members of the Service and not by us. We are not responsible for the conduct of Group participants or administrators and will not interfere with the management or society of any specific Group or the rules it establishes for itself as long as they are consistent with these Terms of Service and our policies.
Groups may not be used to collect personal data about participants in Groups without the participant's express permission.
The Group application permits us to take appropriate action should intervention become necessary as a result of a violation of the Terms of Service or of any other of our policies. We can remove a Group and the Group's privileges at any time at our discretion.
The use in a Group name of trademarks or distinctive trade names of properties, goods or services is subject to objections from the owner of the marks and names. WritScrib will respond to such objections by requiring an appropriate change in the name of the Group. The use of trademarks and trade names in Group names otherwise must be descriptive of Group activity or purpose. To avoid confusion and animosity, Groups wishing to name themselves after trademarked properties must include a further description in its name of the type of Group it expects to be such as "Master Photoshop Tutorials" instead of simply "Photoshop." The WritScrib Feedback Group is the only group curated by WritScrib. However, we are not responsible for Content posted in this group by other users.
20. Suspension and Termination of Access and Membership You agree that WritScrib may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the WritScrib Site, in WritScrib's sole discretion, if you fail to comply with the Terms or applicable law.
21. Product Purchases from the WritScrib Shop From time to time, WritScrib may make certain products available for purchase through the WritScrib Shop. For example, you may have the opportunity to purchase "Emoticons” or “Chips”.
All payments are to be made in US dollars and prices are subject to change at any time. Unless otherwise stated, all products are digital only and thus require no notification of shipping or any handling fees beyond the processing fees for a digital purchase.
In general, WritScrib does not accept returns unless in cases of accidentally purchasing a good multiple times or in cases of stolen cards. However, if the good is used (as with Chips being used on posts), any refund will be summarily denied.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 21, ANY PRODUCT PURCHASED THROUGH THE WRITSCRIB SHOP IS PROVIDED ON AN "AS IS" BASIS. WRITSCRIB'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY ACCIDENTAL PURCHASE MADE THROUGH THE WRITSCRIB SHOP SHALL BE FOR WRITSCRIB TO PROVIDE A REFUND AS SPECIFIED IN THE PRECEDING PARAGRAPH.
22. Chips Chips are credits that may be purchased through the WritScrib shop. Chips are not legal currency and are not legal tender. To check your balance, simply click on the Chips icon on your feed. Chips are transferable via directly sending Chips to a user or by sending Chips to a user through their Content. Your Chips can be sold back to WritScrib once you have accrued a minimum of $5 worth of Chips. For more information, please reference WritScrib’s Chips Agreement.