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PROLIFIC WRITERS, LLC TERMS OF USE

Prolific Writers, LLC (“PW”) provides an online community for writers to expand, improve and enhance their creativity, possibilities and perspective. PW requires your review and acceptance of its terms and conditions (“User Agreement”) in order to access and use its Website. The User Agreement governs your use of PW’s Website, including all information and material contained therein. By accessing and using this Website, you expressly accept and consent to all terms and conditions set forth below. You must not use this Website, if you have any objection to the User Agreement.

 

AGREEMENT

  1. PW is a writers’ forum comprised of individual third party Hosts who provide their events and products and are responsible for their events, products, and complying with the law. PW provides a venue, but does not create goods or events. Hosts are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it. PW reserves the right to disable any event, account, or product that it believes violates its Terms of Use.

 

  1. Minimum Age.  PW’s Website is not available for use by minors, defined for purposes of this User Agreement as those who are not at least 18 years of age.

 

  1. Intellectual Property/ Confidentiality.  As used in this Agreement, the term “Proprietary “or “Confidential Information” means information pertaining to any aspects of PW’s business and PW’s proprietary information, whether of a technical, content, video, images, financial, or design nature or otherwise. You agree that all information provided by or received from PW is Proprietary/ Confidential to PW and is not to be disclosed, reproduced, shared or otherwise compromised to any individual, entity or company for any reason without the express written consent of PW. 

 

    1. Intellectual Property.  You are granted a limited license only, subject to the restrictions provided herein for PW’s Proprietary-Confidential Information and /or for purposes of viewing the Website material.

 

  1. Your Content.  “Your Content” shall mean your image and substantive content and input while using PW’s Website, and/or any audio, video, text, images or other material you choose to display on PW’s Website. With respect to Your Content, by displaying it, you grant PW and its users a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, show, reproduce, adapt, publish, translate and distribute it in any and all media.

 

    1. No breach of other agreements.  You represent that your use of this Website does not and will not breach any agreement to keep in confidence third party proprietary information, knowledge or data acquired by you in confidence or in trust prior to this User Agreement, and you will not disclose to PW or its users, such third party proprietary information previously obtained or received by you. You agree not to enter into any agreement either written or oral in conflict with the provisions of this User Agreement. You certify that, to the best of your information and belief, you are not a party to any other agreement which will interfere with its full compliance with this User Agreement. Your Content must be your own and must not be infringing on any third party’s rights. PW reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice. 

 

  1. Prohibitions.  PW prohibits certain types of uses and/or products from its website. Some items present legal risks to its community; others are inconsistent with PW’s values, are harmful to its members, or simply are not in the spirit of PW. This policy explains what is prohibited or restricted on PW. The following action and conduct are prohibited:

 

  • Publishing any Website material in an alternate media;
  • Selling, sublicensing and/or otherwise commercializing PW Website material;
  • Publicly performing and/or showing PW’s Website material;
  • Using this PW’s Website in any way that is, or may be, damaging to PW;
  • Using this PW’s Website in any way that impacts user access to PW’s Website;
  • Using this PW’s Website contrary to applicable laws and regulations;
  • Engaging in any data mining, data harvesting, data extracting or any other similar   activity in relation to PW Website, or while using PW’s Website;
  • Using PW’s Website to engage in any advertising or marketing;
  • Using PW’s Website to discriminate against people based on the following personal attributes: race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other characteristic protected under applicable law.

 

  1. Warranties.  This Website is provided “as is,” PW makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consulting or advice to you.

 

  1. Money Back Guarantee. PW maintains a Money Back Guarantee if an event or product you ordered is cancelled, or doesn’t match the event of product listing. Our Host will work with you to quickly resolve any issues, but if you can’t agree on a solution, in most cases, you’ll be covered by the PW Money Back Guarantee.

 

  1. Limitation of Liability.  In no event shall PW nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and PW, including its officers, directors and employees, shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

 

  1. Indemnification.  You hereby agree to indemnify to the fullest extent PW from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of this User Agreement or your violation of any third party rights or violation of any applicable 

 

  1. Survival of Agreement.  Provisions e, f and g of this User Agreement (a) shall survive this after termination, and (b) inures to the benefit of you and PW’s successors and assigns.

 

  1. Disputes/Choice of Law/Attorney’s Fees. The Parties shall attempt to resolve any disputes between them arising out of this Agreement through good faith negotiations. In the event the Parties cannot resolve a dispute, the Parties acknowledge and agree that the state courts of Santa Clara County, California and the federal courts located in the Northern District of the State of California shall have exclusive jurisdiction and venue to adjudicate any and all disputes arising out of or in connection with this Agreement. The Parties consent to the exercise by such courts of personal jurisdiction over them and each Party waives any objection it might otherwise have to venue, personal jurisdiction, inconvenience of forum, and any similar or related doctrine. This Agreement shall be construed in accordance with the substantive laws of the State of California (excluding its conflicts of laws principles). The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees from the non-prevailing party in any action brought to enforce this Agreement. 

 

  1. Entire agreement.  This User Agreement sets forth the entire agreement and understanding between you and PW relating to the subject matter herein and supercedes all prior discussions.  No modification of this User Agreement, nor any waiver of any rights under this User Agreement, will be effective unless in writing and signed by PW. 

 

  1. Severability.  If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.  

 

  1. AcknowledgmentUser certifies and acknowledges that it has carefully read all of the provisions of this User Agreement, understands its content and will fully and faithfully comply with its terms, conditions and provisions.

 

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