Last Updated April 2016
Whether you are a visitor, writer (“Writer”), agent, producer or publisher (“Partner,”) (visitor, Writer, and Partner, collectively, “users” or “you”), by using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to be bound by this Agreement, including any additional terms and conditions and policies referenced herein or available by hyperlink.
If you have any questions, please refer to the help section of the Services or contact us at email@example.com.
Safeguarding Your Rights
AUTHORS does not claim ownership rights in any of your data, text, information about you or your work, manuscripts, chapters, outlines, other samples of your work, usernames, graphics, images, photographs, profiles, audio, video, items, and links (“Submissions”).
All parts of a Submission represented as the Writer’s must be original works of the Writer. By providing AUTHORS with a Submission you warrant that all aspects of the Submission comply with this Agreement and AUTHORS’ published policies. You are solely responsible for your conduct and activities on, and regarding to, the Services and any and all Submissions that you submit, post, upload, and display on the Services.
AUTHORS Connects Writers and Partners
AUTHORS acts as a platform to allow (1) Writers to provide Submissions and to connect with other users and Partners, and (2) Partners to review and download Submissions, and to connect with Writers. AUTHORS is not directly involved in any transactions between users. As a result, AUTHORS has no control over the quality, morality, or legality of any aspect of the Submissions, the truth or accuracy of the information provided by users (including their identity, age, and nationality), the ability of Partners to market, distribute or sell Submissions, or the ability Writers to complete Submissions in a timely manner, if at all.
AUTHORS encourages users to communicate directly through the tools available on the Services. You may also wish to consider independent user verification or using a third-party service that provides additional user verification.
You agree that AUTHORS is not responsible or liable for any Submissions or other content posted by you, other users, or third parties on the Services. Your use of the Services is at your own risk.
Who is Eligible to Join?
Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
Individuals under the age of 18 must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
In addition, some services offered by AUTHORS may be subject to additional terms and conditions issued by AUTHORS or a third party; your use of those services is subject to the additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to keep your password confidential. You agree to immediately notify AUTHORS of any unauthorized use of your password or any breach of security. You also agree that AUTHORS cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You must keep your account information up-to-date and accurate at all times, including a valid email address.
Services are not available to temporarily or permanently banned users. AUTHORS reserves the right, in AUTHORS’ sole discretion, to cancel unconfirmed or inactive accounts. AUTHORS reserves the right to refuse service to anyone, for any reason and change its eligibility criteria at any time.
Partners are urged to provide descriptions of their business and policies relating to review of Submissions and the process of engagement with Writers. Partners are responsible for enforcing their policies. AUTHORS reserves the right to require Partners to provide additional information regarding their business and any Partner policies.
Don’t Do These Things
Your Submission and your use of AUTHORS will not:
- be false, inaccurate or misleading;
- infringe upon any third-party’s intellectual property rights or rights of publicity or privacy;
- violate this Agreement, any website policy or community guidelines, or any applicable law, statute, ordinance or regulation;
- be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including AUTHORS’ staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- interfere with a Partner’s business;
- take any action that may undermine online reviews or feedback;
- be obscene or contain child pornography;
- contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- host images not part of a Submission.
The Services may contain robot exclusion headers which contain internal rules for software usage. Much of the information on AUTHORS is updated on a real-time basis and is proprietary or is licensed to AUTHORS by users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose whatsoever, except to the extent expressly permitted in writing by AUTHORS. Additionally, you agree that you will not:
- take any action that imposes, or may impose, in AUTHORS’ sole discretion, an unreasonable or disproportionately large load on AUTHORS’ infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any Submission (except for your Submission);
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or
- bypass AUTHORS’ robot exclusion headers or other measures AUTHORS may use to prevent or restrict access to the Services.
Don’t Use Other Users’ Information Without Permission
By posting Submission on the Services, it is possible for an outside website or a third party to re-post that Submission. You agree to hold AUTHORS harmless for any dispute concerning this use.
Results of Users’ Actions
Talk to Us
You acknowledge and agree that any solicited or unsolicited suggestions, ideas, proposals or other material submitted to AUTHORS by users (other than your Submissions) (“Feedback”) is non-confidential and non-proprietary, and AUTHORS may use and disclose any Feedback for any lawful purpose and AUTHORS will not be liable for the disclosure or use of any Feedback. Any communication by you to AUTHORS is subject to this Agreement.
Third Party Information
AUTHORS does not control the Submissions provided by users. You may find some Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with foreign nationals. By using the Services, you agree to accept these risks and that AUTHORS (and AUTHORS’ officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users of the Services.
AUTHORS is not responsible for the availability of outside websites or resources linked to or referenced on the Services. AUTHORS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from these websites or resources. You agree that AUTHORS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any other websites or resources.
Your Online and Offline Meetings
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with each other. Users are solely responsible for interactions with others. Users must comply with AUTHORS’ policies and acknowledge and agree to comply with the laws of the city, county, and country in which the Meeting occurs. AUTHORS does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users understand that AUTHORS does not in any way screen its users.
Signing Up is Free but Some Features are Not
Setting up an account on the Services is free. However, some features included in the Services offered for Writers require the payment of fees (“Fees”). Fees are subject to change, your fee structure can be found in your account information. Changes to Fees are effective after the changes are posted on the Services. All transactions will be executed using a third party payment processor (“Payment Processor”), and may be subject to a service charge. Partners will be asked to provide customary billing information such as name, billing address, and payment information.
Once you agree to the fees for the Services, you hereby authorize AUTHORS to debit, through a Payment Processor, your payment card or user account in the amount of the Fees. Fees are non-refundable.
AUTHORS’ name, graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of AUTHORS, Inc. in the U.S. and other countries. AUTHORS’ trademarks and trade dress may not be used without AUTHORS’ written permission.
AUTHORS and AUTHORS’ suppliers provide the Services “as is,” “as available,” and without any warranty or condition, express, implied or statutory. AUTHORS and AUTHORS’ suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from AUTHORS will create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
In no event will AUTHORS, or AUTHORS’ subsidiaries, officers, directors, employees or AUTHORS’ suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, or this Agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
AUTHORS’ liability, and the liability of AUTHORS’ subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to AUTHORS in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification of AUTHORS
You agree to indemnify and hold AUTHORS and AUTHORS’ parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Your Access to and Use of the Services are Not Guaranteed
AUTHORS does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside AUTHORS’ control.
Dispute Resolution Between Users
AUTHORS is not responsible for your interactions with other users. Any dispute between you and another user must be resolved between yourselves. AUTHORS reserves the right, but has no obligation, to monitor disputes between users.
Dispute Resolution Between You and AUTHORS
For any dispute between you and AUTHORS:
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Travis County, Texas before one arbitrator. The arbitration shall be administered by JAMS pursuant to its pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
If any provision of this Agreement is held unenforceable, then the provision will be modified to reflect the parties’ intention. The captions and section headings are for convenience and in no way define, limit or enlarge the scope of this Agreement or any of its Sections. All remaining provisions of this Agreement will remain in full force and effect. You and AUTHORS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. AUTHORS reserves the right to modify or terminate the Services for any reason, without notice, at any time. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, including its conflicts of law rules. Unless otherwise specified herein, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
AUTHORS reserves the right to alter this Agreement and any other policies at any time, so please review the policies frequently. If AUTHORS makes a material change, AUTHORS will notify you here, by email, by means of a notice on our home page, or other places AUTHORS deems appropriate. What constitutes a “material change” will be determined at AUTHORS’ sole discretion, in good faith, and using common sense and reasonable judgment.