Last Updated on: January 15, 2022
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Write On Press offers a number of services and features to support the aspiring professional writer and independent author and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at firstname.lastname@example.org.
1.1 Our Purpose
Our services offer our users the ability to easily access informational resources, products and services designed to give direction and support to their development in the literary marketplace.
As detailed below, we offer our users numerous tools, products, services and courses to help creators launch and advance their literary careers.
1.2 Legal Agreement
The Write On Press Terms constitute a binding and enforceable legal contract between Write On e-Publishing, LLC. and its affiliated companies and subsidiaries worldwide (“Write On Press”, “us” or “we”) and you in relation to the use of any Write On Press Services - so please read them carefully.
1.3 User Accounts
In order to access and use certain sections and features of the Write On Press Services, you must first register and create an account with Write On Press (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Account settings, they may perform any actions available to you (unless as specifically stated otherwise on the Write On Press Services), make changes to your User Account(s) and, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Write On Press Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
Write On Press will consider the owner of a User Account and/or User Content created and/or uploaded to the relevant Write On Press Service, as the person or entity who has access to the e-mail address then listed in Write On Press’s records for such User Account under which such User Platform or User Content was created.
If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Write On Press will consider the owner of such User Account and/or the User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Write On Press will consider the organization as the actual owner of the domain, and therefore as the owner of the User Content connected to such User Account. In event the Billing Information indicates one person as the owner of the User Account and the User Content or other relevant documentation indicates a different owner, Write On Press shall consider the person registered as the owner of the Write On Press Account as the owner of the User Content.
Notwithstanding the forgoing, Write On Press shall have the right to determine the ownership of User Content and/or a User account as it chooses, including by ignoring the indications set forth above, in event Write On Press deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Write On Press.
2.1 You represent and warrant that:
you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Write On Press Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Write On Press Terms;
you are not a resident of (or will use the Write On Press Services in) a country that the U.S. government has embargoed for use of the Write On Press Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that Write On Press does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your Account Users, Readers or Audience, or your compliance therewith;
And specifically, regarding your User Content:
you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Write On Press Services for you, to your User account (“User Content”), including any text, copy or written content; any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating User Content, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
you have (and will maintain) the full power, title, licenses, consents and authority to allow Write On Press Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third-party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Account visitors and any additional users (“Account Users”) reside, or for Write On Press and/or your Account Users to access, import, copy, upload, use or possess in connection with the Write On Press Services;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2. You undertake and agree to:
fully comply with all applicable laws and any other contractual terms which govern your use of the Write On Press Services (and any related interaction or transaction), including those specific laws applicable to you or your Account Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the Write On Press Services which occur under your User Account(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Write On Press Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Account, including with respect to, User Products, and any applications and/or Third-Party Services used by you;
receive from time-to-time promotional messages and materials from Write On Press or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow Write On Press to use in perpetuity, worldwide and free of charge, any version of your User account (or any part thereof) for any of Write On Press’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Write On Press or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Account with respect to such limited permitted uses;
Write On Press’s sole discretion as to the means, manner, and method for performing the Write On Press Services, including those regarding the hosting, transmission, publication and/or display of any User Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Write On Press shall have the right to offer the Write On Press Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Write On Press Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of viewers or purchasers to your Content, etc.
2.3. You agree and undertake not to:
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Write On Press Website, the Write On Press Services (or any part thereof), any Content offered by Write On Press or Third Party Services for use and display within User Accounts (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Write On Press’s prior written and specific consent and/or as expressly permitted under the Write On Press Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Write On Press or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
upload, insert, collect or otherwise make available within the Write On Press Website or the Write On Press Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
publish and/or make any use of the Write On Press Services or Licensed Content on any website, media, network or system other than those provided by Write On Press, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Write On Press Services, Licensed Content and/or User Account (or any part thereof), except as expressly permitted by Write On Press, in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Write On Press Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Write On Press Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Write On Press Services;
act in a manner which might be perceived as damaging to Write On Press’s reputation and goodwill or which may bring Write On Press into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Write On Press or Write On Press Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the Write On Press Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Write On Press and/or any Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Write On Press or any third party endorses you, your User Account, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of Write On Press Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Write On Press Services and/or User Platform without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Write On Press Services, User Platform, the account of another User(s), or any other systems or networks connected to the Write On Press Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the Write On Press Services or any network connected to the Write On Press Services;
upload to the Write On Press Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Write On Press Services or Write On Press’s systems or networks connected to the Write On Press Services, or otherwise interfere with or disrupt the operation of any of the Write On Press Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the Write On Press Services and/or User Account(s) in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
use the Write On Press Services for the creation and operation of websites whose main purpose (directly or indirectly) is video streaming or video hosting (YouTubing);
access to Write On Press Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Write On Press Services, except as expressly permitted by the Write On Press Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Write On Press Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the Write On Press Terms or any laws or requirements applicable to your use of the Write On Press Services.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
3.Content and Ownership
3.1. Your Intellectual Property
As between Write On Press and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Write On Press does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make edits, adjustments, corrections, or to display, reproduce, publish or distribute on your behalf and as requested and/or required for the access or usage of a particular service and/or uses required to perform our services, as we deem fit.
3.2. Write On Press’s Intellectual Property
All rights, title and interest in and to the Write On Press Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, templates and guides, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Write On Press Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Write On Press.
Subject to your full compliance with the Write On Press Terms and timely payment of all applicable Fees, Write On Press hereby grants you, upon creating your User Account and for as long as Write On Press wishes to provide you with the Write On Press Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Write On Press Services and Licensed Content, for the purpose of generating and displaying your User Account to Account Users.
In the event that specific services, competitions, tools or courses require you to submit content in exchange for access or full usage, that ownership of the submitted content may be transferred to Write On Press as a condition of usage, access or participation. You agree to abide by the conditions of such transfer of copyright as proscribed by the specific service, competition, tool or course.
The Write On Press Terms do not convey any right or interest in or to Write On Press’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Write On Press Terms constitutes an assignment or waiver of Write On Press’s Intellectual Property rights under any law.
In addition to the above, certain Intellectual Property made available to you within the Write On Press Services, are licensed to Write On Press by a third party provider, and are therefore subject to additional license terms of such provider.
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Write On Press Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Write On Press. By providing such Feedback to Write On Press, you acknowledge and agree that it may be used by Write On Press in order to: (i) further develop, customize and improve of the Write On Press Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Write On Press - related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Write On Press may use to provide and improve its services, (vi) to enhance Write On Press data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; (2) irrevocably assign to Write On Press any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
4.2 Information we collect
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
4.3 How we use your information
We use the information we collect in various ways, including to:
Provide, operate, and maintain our website
Improve, personalize, and expand our website
Understand and analyze how you use our website
Develop new products, services, features, and functionality
Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
Send you emails
Find and prevent fraud
4.4 Log Files
Writeonpress.com follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
4.5 Cookies and Web Beacons
Like any other website, Writeonpress.com uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
4.6 Google DoubleClick DART Cookie
4.7 Our Advertising Partners
4.8 Advertising Partners Privacy Policies
Note that Write On Press has no access to or control over these cookies that are used by third-party advertisers.
4.9 Third Party Privacy Policies
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.
4.10 CCPA Privacy Rights (Do Not Sell My Personal Information)
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business delete any personal data about the consumer that a business has collected.
Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
4.11 GDPR Data Protection Rights
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
4.13 Children's Information
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
Write On Press does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
5. Service Fees
5.1. Paid Services
The use of certain Write On Press Services may be subject to payment of particular fees, as determined by Write On Press in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Write On Press will provide notice of such Fees then in effect, and in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Write On Press reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Write On Press shall have the right to automatically and without notice renew your subscription to such Write On Press Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Write On Press. To the extent permitted by law (and unless specified otherwise by Write On Press in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Write On Press Services, or to any payments or purchases made by you. If Write On Press is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Write On Press is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Write On Press (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Write On Press or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You must keep a credit card stored with Write On Press to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Write On Press will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Write On Press will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
You may turn-off the auto-renewal option for Renewing Paid Services at any time via your User Account or by contacting Author Service at: email@example.com.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Write On Press Services you use (whether or not such Write On Press Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Write On Press Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Write On Press Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Write On Press in relation to the discontinuation of any Write On Press Services or Third Party Services, for whatever reason.
5.4. Money-Back Guarantee
If you are not satisfied with Write On Press Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Write On Press Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Write On Press subscription services (if available, and as offered on the Write On Press Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Write On Press Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Write On Press receives such notice within such Refund Period, Write On Press will refund to you the amount Write On Press charged you for such Write On Press Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. Write On Press will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Write On Press Services actually received, as permitted by law.
Please note: Certain services purchased on or through the Write On Press Services may be non-refundable. These include Third Party Services such as consultative services, content, product, business tools and applications. The terms of each purchased service or product are indicated on the Write On Press Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Write On Press will not refund any amounts paid for non-refundable Paid Services, applications or Third-Party Services.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Write On Press account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Write On Press Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any content, products and Third-Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the Write On Press Services will not resume until you re-subscribe for any such Write On Press Services, and pay any applicable Fees in full, including any fees and expenses incurred by Write On Press and/or any Third Party Services for each Chargeback received (including Fees for Write On Press Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Write On Press, we encourage you to first contact our Author Service team before filing a Chargeback or reversal of payment, in order to prevent the Write On Press Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Write On Press Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Write On Press Services at any time, in accordance with the instructions available on the Write On Press Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Write On Press Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
6.2. Cancellation by Write On Press
Failure to comply with any of the Write On Press Terms and/or to pay any due Fee shall entitle Write On Press to suspend (until full payment is made) or cancel your User Account, as well as the provision of any related Write On Press Services (e.g., Paid Services) or Third Party Services to you.
6.3. Loss of Data, Content and Capacity
If your User Account or any Write On Press Services or Third-Party Services related to your User Account are cancelled (whether at your request or at Write On Press’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, Account User data or other usage data retained therein (“Capacity Loss”). Write On Press shall not be liable in any way for such User Content or Capacity Loss, or for saving a backup of User Content or Account User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Write On Press Services following their cancellation, as determined by Write On Press in its sole discretion.
7. Third Party Services
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Write On Press Services, offered separately by Write On Press or persons certified or authorized by Write On Press, or otherwise offered anywhere on the Write On Press Services), Write On Press merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Write On Press will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.
You acknowledge that such services may require the payment of additional amounts to Write On Press and/or to the providers of such Third-Party Services.
Any and all use of such Third-Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third-Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, Write On Press may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Write On Press Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any Account Users.
8. Misconduct and Copyrights
8.1. Misconduct and Abuse
When using the Write On Press Services, you may be exposed to User Platforms, User Content or Third-Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Write On Press with respect thereto.
If you believe a User or any Third-Party Services acted inappropriately or otherwise misused any of the Write On Press Services, please immediately report such User and/or Third Party Service to us via Author Service (firstname.lastname@example.org). You agree that your report shall not impose any responsibility or liability upon Write On Press, and that Write On Press may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
Write On Press acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via Author Service (email@example.com). Please provide the following information in writing: (1) the contact details of the 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 Write On Press to locate the material (including URL address); (4) 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; and (5) 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.
In the event that Write On Press receives notice regarding a copyright infringement related to your User Account, it may cancel your User Account or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Write On Press’s sole reasonable discretion. Write On Press reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
9. Disclaimer of Warranties
We provide the Write On Press Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Write On Press Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your Account Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your Account Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the Write On Press Services – so please be sure to verify those before using or otherwise engaging them.
Write On Press may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Account and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Write On Press be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Write On Press Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Write On Press shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Write On Press Services and/or connecting and/or dealing with any Third Party Services through or in connection with Write On Press Services, and that Write On Press cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Write On Press does not recommend the use of the Write On Press Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Write On Press Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Write On Press Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Write On Press Services at this BETA stage signifies your agreement to participate in such Write On Press Services’ BETA testing.
10. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Write On Press, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Write On Press Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Write On Press Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Write On Press Services; (6) events beyond the reasonable control of Write On Press, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Write On Press Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Write On Press’s services to you, and such limitations will apply even if Write On Press has been advised of the possibility of such liabilities.
12.1. Changes & Updates
Write On Press reserves the right to change, suspend or terminate any of the Write On Press Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Write On Press Services (including removal of any materials created by you in connection with the Write On Press Services) for any reason and/or change any of the Write On Press Terms with or without prior notice - at any time and in any manner.
You agree that Write On Press will not be liable to you or to any third party for any modification, suspension or discontinuance of those Write On Press Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Write On Press Services without enabling such changes, or provide you with alternative Services.
12.2. Governing Law & Jurisdiction; Class Action Waiver
The Write On Press Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Write On Press Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Write On Press Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Louisiana, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New Orleans, Louisiana. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and Write On Press shall only be resolved on an individual basis and you shall not have the right to bring any claim against Write On Press as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 12.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Write On Press will be the State of Louisiana, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New Orleans, Louisiana.
We may provide you with notices in any of the following methods: (1) via the Write On Press Services, including by a banner or pop-up within the Write On Press Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Write On Press’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The Write On Press Terms, and your use of the Write On Press Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Write On Press and you.
12.5. Entire Agreement
Write On Press may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Write On Press Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Write On Press. Any attempted or actual assignment thereof without Write On Press’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 12.6 shall not in itself grant either Write On Press or you the right to cancel any Write On Press Services or Third Party Services then in effect.
12.7. Severability & Waivers
If any provision of the Write On Press Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Write On Press Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein, and any explanation or summary, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
12.9. Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below:
Author Service firstname.lastname@example.org
Contact Us http://writeonpress.com/contact-2
Snail Mail Write On Press
Attn: Author Service
PO Box 1283
Marrero, LA 70073