WriteLife is a place where people can write manuscripts, edit, participate in an on-line authors’ community, and buy or sell many kinds of books. We feature novels, technical manuals, journals, poetry, flash fiction, and many other types of content. In other words, we help people create, communicate and distribute information that covers a wide range of subject matter.
WriteLife is committed to providing a safe, friendly, and serious site for writers of all ages and backgrounds. WriteLife users range from children in elementary school to adults writing their first manuscripts or books. Because of this wide market, we avoid content that might make our users uncomfortable.
Below you will find the terms and conditions for the use of WriteLife's website. Do not hesitate to contact support (firstname.lastname@example.org) if you have any questions about WriteLife services or this agreement.
1. Legal Agreement
The terms and conditions set forth in this document apply to all those who visit, use or post Content (collectively "you" or “User”) to WriteLife's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the you and WriteLife, LLC (“WriteLife”). Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you are of the age and have the legal capacity to enter into this Agreement and that doing so does not conflict with any arrangements or agreements between you and any third party. WriteLife encourages use of its services by young writers; however, minor writers must use a parent or adult guardian to contract with WriteLife. ^top
WriteLife is a tool to facilitate the creation and exchange of information and knowledge in the world. We provide a service to enable Users to create, write, publish, and network with other authors, and to purchase digital content in on-line, or printed formats. Content ("Content") consists of all information -- text, data, software, music, sound, photographs, graphics, video, messages or other materials -- posted to the Site by a User. ^top
3. Content & Grant of Rights
When you post Content on WriteLife's website, you keep your copyright, but you grant WriteLife the following rights, which are exclusive both as to you and all third parties:
a. The license and authority to display, copy, distribute, market, sell and otherwise exploit the Content in all media, directly or indirectly through distributors, sublicensees or otherwise. For example and without limitation, this grant of rights enables WriteLife to publish the Content in print formats, digital formats such as downloads for “Kindle” type readers, and all audio formats such as tapes, CDs or digital audio files;
b. The right to combine your Content with that of other WriteLife Users, to create and exploit compilations, collections and the like; and
c. The authority, with power of attorney, to act as your agent in dealing with all third parties in order to carry out the grants of rights in subparagraphs (a) and (b) above.
If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize WriteLife to disclose that Personal Data as part of the Content.
By posting your Content on the site, you authorize WriteLife to excerpt and use your Content in marketing, advertising and promotional materials, with any modifications WriteLife may deem necessary. Of course, WriteLife will credit you, and we will usually ask you first.
By posting Content to the Site you represent and warrant that the Content:
WriteLife reserves the right to refuse to utilize or permit posting of any Content that WriteLife, in its sole discretion, deems in violation of the terms and conditions set forth above. ^top
4. Community Use
You are entirely responsible for all Content you post WriteLife. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold WriteLife responsible for any inadvertent damage to, loss of, or corruption or destruction of the Content. WriteLife is not responsible for backing up Content.
You agree not to use the Site to:
In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
WriteLife reserves the right to remove any and all material that we feel is inappropriate, illegal, offensive, or potentially harmful in any respect. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. ^top
6. Pricing & Payment Terms
In its discretion, WriteLife will determine competitive and appropriate prices to be charged for the sale or other exploitation of your Content under this Agreement.
WriteLife agrees to pay you royalties equivalent to fifty percent (50%) of all net profits received from the sale or other exploitation of your Content, according to the following schedules:
a. If you choose to receive your royalties via paper check, you will be paid on a quarterly basis, no later than 45 days following the end of the calendar quarter. WriteLife will issue payments using the contact information in our records. If WriteLife owes you less than $20 for Content sales within a given quarter, we reserve the right, at our discretion, to roll your revenue forward to the following quarter until $20 is owing.
b. If you choose to receive your royalties via PayPal, you will be paid on a monthly basis, no later than 31 days after the end of a month WriteLife will issue payments using the contact information in our records. If WriteLife owes you less than $5 for Content sales within a given month, we reserve the right, at our discretion, to roll your revenue forward to the following month until $5 is owing.
Please note: No royalties will be payable to you for your purchases of your own Content through the Site. It is your responsibility to update your contact information if it changes. If your account is inactive or terminated and we are unable to contact you using the contact information provided, we may also, at our discretion, deduct a termination fee from unpaid royalties in an amount necessary to cover our administrative costs. You are also responsible for providing WriteLife with all necessary taxpayer information as required by the United States Internal Revenue Service ("IRS") for the purpose of issuing a 1099 form for your earnings. ^top
Due to the nature of the print-on-demand manufacturing process, it is not economically feasible to accept returns on physical products. However, Content that has been purchased in printed format will be accepted for return if it is damaged when received by the purchaser. In this case, we will be happy to provide a replacement copy. Please notify us by sending an e-mail with "report a problem" as the subject line, to email@example.com.
Because we provide a user-controlled publishing tool, WriteLife cannot accept responsibility for the editorial quality of Content purchased through the Site, including spelling or grammatical errors, formatting, design or overall appearance. ^top
8. User Registration and Information
You will have the opportunity to select a User ID and Password (“User Information”) during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your User ID and Password, and (b) maintaining the confidentiality of your User ID and Password. Only one individual may access the Site at the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your User Information, or any other breach of security regarding the Site of which you become aware. WriteLife may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. ^top
9. Ceasing Use of the Site / Retiring Content
You may cease using or posting Content to the Site at any time; however, Content previously posted will remain subject to the terms of this Agreement, with the following exceptions:
10. Restrictions on Use of Content
11. International Users
WriteLife makes no representation that material on the Site is appropriate to or available at locations outside of the United States. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable local laws. ^top
12. Operation of Site
Technical, maintenance and other issues may make WriteLife unavailable from time to time. WriteLife makes no commitment, warranty or guarantee that the Site will operate in an uninterrupted or error-free manner, or that the Site will meet User's purposes. WriteLife may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users. ^top
WriteLife's Site and all Content, software, tools and services provided via the Site, is offered on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, WriteLife cannot vouch for the quality or accuracy of any Content or information sold or provided through the Site.
REGARDING DOWNLOADS, WRITELIFE DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND DOES NOT REPRESENT OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. WRITELIFE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE AND DOWNLOADING CONTENT. ^top
14. Limitation of Liability
In no event shall WriteLife, or any of its officers, employees, directors, affiliates, agents or third-party licensors and Content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of use of the Site, or Content on the Site, whether in contract, tort or otherwise, even if WriteLife or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of WriteLife, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to WriteLife in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF WRITELIFE, ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST WRITELIFE IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
You agree to indemnify and hold WriteLife harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that WriteLife may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto. ^top
15. Proprietary Rights
WriteLife is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content, which is owned by the respective authors of such Content. The WriteLife name, mark and logo, and the names of all WriteLife products and services as posted herein, are owned by WriteLife.^top
This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of Nebraska, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Omaha, Nebraska. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. WriteLife and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever. ^top
WriteLife reserves the right to revise this Agreement from time to time, and will make a posting on the Site regarding such changes. Any use of the Site after WriteLife’s posting constitutes your agreement to be bound by all of the changes. Other than as described above, this Agreement cannot be changed, unless except by a subsequent written document signed by both parties. Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect. This Agreement is governed by the laws of the State of Nebraska, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Omaha, Nebraska. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction. Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. WriteLife shall not be liable for any delay caused by the occurrence of such event beyond its reasonable control. This Agreement does not designate either party as the employee, partner or joint venturer of the other party. By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
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