Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. The Writer’s Database may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
- Description of Service. The Writer’s Database is a web-based application intended to help writers in keeping track of market listings, manuscripts written, and submissions of manuscripts to markets. You understand and agree that the service is provided on an AS IS and AS AVAILABLE basis. The Writer’s Database disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the service. The Writer’s Database also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you, except the obligation of refunding any monies paid for services that have not yet been performed.
- Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the service is subject to your acceptance of and compliance with these Terms. You agree that you will use the service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by The Writer’s Database in its sole discretion; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the service; or (iv) use the service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this agreement, and may subject you to state and federal penalties and other legal consequences. The Writer’s Database reserves the right, but shall have no obligation, to investigate your use of the service in order to determine whether a violation of the agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Content of the Service. The Writer’s Database takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does The Writer’s Database have any obligation to monitor such third party content. The Writer’s Database reserves the right at all times to remove or refuse to distribute any content on the service, such as content which violates the terms of this agreement. The Writer’s Database also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of The Writer’s Database, its users and the public. The Writer’s Database will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- Intellectual Property Rights. You acknowledge that The Writer’s Database owns all right, title and interest in and to the service, including without limitation all intellectual property rights (the “The Writer’s Database Rights”), and such The Writer’s Database Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the service. The The Writer’s Database Rights include rights to (i) the service developed and provided by The Writer’s Database; and (ii) all software associated with the service.
The Writer’s Database does not claim any ownership in any of the content that you upload, transmit or store in your Writer’s Database account. We will not use any of your content for any purpose except to provide you with the service.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to The Writer’s Database to participate in the services is correct and current; and (b) you have all necessary right, power and authority to enter into this agreement and to perform the acts required of you hereunder.
- Account Inactivity. After a period of inactivity, whereby a user fails to login to an account for a significant period of time, The Writer’s Database reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
- Indemnification. You agree to hold harmless and indemnify The Writer’s Database, and its subsidiaries, affiliates, officers, agents, employees, and assignees from and against any third party claim arising from or in any way related to your use of the service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, The Writer’s Database will provide you with written notice of such claim, suit or action.