ArticleWritingZen Terms of Service
Welcome to ArticleWritingZen.com. When using the
ArticleWritingZen.com Web site and sites (the
"ArticleWritingZen.com site"), you agree to the terms and
conditions listed on this page (the "Terms of site"). If you do not
agree to these Terms of site then do not use the
ArticleWritingZen.com site.
General Terms of Service
You are permitted to use the ArticleWritingZen.com site for
personal, non-commercial purposes only.
By using the ArticleWritingZen.com site, you agree to be legally
bound and to abide by the Terms of site, just as if you had signed
this Agreement. If you do not comply with these Terms of site at
any time, ArticleWritingZen.com reserves the right to terminate
your access to the ArticleWritingZen.com site.
ArticleWritingZen.com may discontinue or alter any aspect of the
ArticleWritingZen.com site, including, but not limited to, (i)
restricting the time the ArticleWritingZen.com site is available,
(ii) restricting the amount of use permitted, and (iii) restricting
or terminating any user's right to use the ArticleWritingZen.com
site, at ArticleWritingZen.com's sole discretion and without prior
notice or liability.
Content and Materials
You acknowledge that ArticleWritingZen.com site contains
information, software, photos, video, text, graphics, music, sounds
or other material (collectively, "Content") that are protected by
copyrights, patents, trademarks, trade secrets or other proprietary
rights. All Content is copyrighted as a collective work under the
U.S. copyright laws, and ArticleWritingZen.com owns a copyright in
the selection, coordination, arrangement and enhancement of such
Content. The ArticleWritingZen.com name and logo are trademarks of
ArticleWritingZen.com. All other trademarks appearing on the
ArticleWritingZen.com site are trademarks of their respective
owners. ArticleWritingZen.com's partners may also have additional
proprietary rights in the content that they make available through
the ArticleWritingZen.com site. You may not modify, publish,
transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the Content, in whole or in
part, except that you may download one copy of the materials on any
single computer for your personal, non-commercial home use only,
provided you keep intact all copyright and other proprietary
notices. Modification of the materials or use of the materials for
any other purpose, including use of any such material on any other
Web site or networked computer environment is strictly prohibited.
In the event you download software provided by
ArticleWritingZen.com, the software, including any files, images
incorporated in or generated by the software, and data accompanying
the software (collectively, the "Software") are licensed to you by
ArticleWritingZen.com pursuant to any license agreement governing
the Software. ArticleWritingZen.com does not transfer title to the
Software to you. You may not redistribute, sell, decompile, reverse
engineer, disassemble, or otherwise reduce the Software to a
human-readable form.
ArticleWritingZen.com's Privacy Policy
ArticleWritingZen.com Privacy Policy describes how we treat
personal information provided when you use the
ArticleWritingZen.com site. You can review it by clicking here.
Submissions
If at our request you send content (e.g., postings, contest
submissions, polling questions) or you send us creative
suggestions, ideas, notes, drawings, or other information
(collectively, the "Submissions"), such Submissions shall be
deemed, and shall remain, the property of ArticleWritingZen.com.
None of the Submissions shall be subject to any obligation of
confidence on the part of ArticleWritingZen.com, and
ArticleWritingZen.com shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing,
ArticleWritingZen.com shall exclusively own all now known or
hereafter existing rights to the Submissions of every kind and
nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of
the Submissions.
Links and Search Results
ArticleWritingZen.com site may provide, or third parties may
provide, search results or other links to other World Wide Web
sites or resources. Because ArticleWritingZen.com has no control
over such sites and resources, you acknowledge and agree that
ArticleWritingZen.com is not responsible for the availability of
such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You
further acknowledge and agree that ArticleWritingZen.com shall not
be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of
or reliance on any such Content, goods or sites available on or
through any such site or resource.
Disclaimers
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF
WARRANTIES:
THE ArticleWritingZen.com site IS PROVIDED 'AS IS' AND YOU USE
IT AT YOUR SOLE RISK. ArticleWritingZen.com EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS.
WITHOUT LIMITATION, ArticleWritingZen.com MAKES NO WARRANTY THAT
THE ArticleWritingZen.com site WILL MEET YOUR REQUIREMENTS, THAT IT
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE
RESULTS OBTAINED FROM THE USE OF THE ArticleWritingZen.com site
WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS,
siteS, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE
ArticleWritingZen.com site WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE ArticleWritingZen.com site IS DONE AT YOUR SOLE RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
ArticleWritingZen.com MAKES NO GUARANTEES AS TO THE SITES AND
INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY
ACCESS AS A RESULT OF THE USE OF THE ArticleWritingZen.com site,
INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF
ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY SEARCH USING
THE ArticleWritingZen.com site MAY LOCATE UNINTENDED AND
OBJECTIONABLE CONTENT.
PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM
ArticleWritingZen.com PERSONNEL OR THROUGH THE
ArticleWritingZen.com site SHALL CREATE ANY WARRANTY NOT EXPRESSLY
PROVIDED FOR IN THESE TERMS OF site.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY
NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ArticleWritingZen.com
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF ArticleWritingZen.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE ArticleWritingZen.com site; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND siteS RESULTING FROM ANY
GOODS, DATA, INFORMATION OR siteS PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
ArticleWritingZen.com site; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE ArticleWritingZen.com site; OR
(v) ANY OTHER MATTER RELATING TO THE ArticleWritingZen.com site. IN
NO EVENT SHALL ArticleWritingZen.com'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
ArticleWritingZen.com, ITS PARENTS, AFFILIATES AND SUBSIDIARY
COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS
FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR
COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM
YOUR USE OF OUR siteS, YOUR VIOLATION OF THE TERMS OF site OR YOUR
INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF
ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
YOU AGREE TO IMMEDIATELY NOTIFY ArticleWritingZen.com OF ANY
UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY
KNOWN TO YOU.
Termination and Modification
You agree that ArticleWritingZen.com, in its sole discretion,
may terminate your account (or any part thereof) or use of the
ArticleWritingZen.com site, and remove and discard any Content
within the ArticleWritingZen.com site, for any reason, including,
without limitation, for lack of use or if ArticleWritingZen.com
believes that you have violated or acted inconsistently with the
letter or spirit of the Terms of site. Further, you agree that
ArticleWritingZen.com shall not be liable to you or any third-party
for any termination of your access to the ArticleWritingZen.com
site. We reserve the right, at our discretion, to change, add, or
remove portions of these Terms of site at any time. Please check
back at this webpage periodically for changes. Your continued use
of ArticleWritingZen.com following the posting of changes to these
terms will mean you accept those changes.
Governing Law and Other Miscellaneous Terms
Unless expressly stated to the contrary elsewhere, all legal
issues arising from or related to the use of the
ArticleWritingZen.com site shall be construed in accordance with,
and all questions with respect thereto shall be determined by, the
laws of the state of Texas applicable to contracts entered into and
wholly to be performed within said state. Any controversy or claim
arising out of or relating to these Terms of site or your use of
the ArticleWritingZen.com site shall be settled by binding
arbitration in accordance with the commercial arbitration rules of
the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted in Travis,
Texas and judgment on the arbitration award may be entered into in
any state or federal court in Texas having jurisdiction thereof.
Any party seeking temporary or preliminary injunctive relief may do
so in any state or federal court in Texas having jurisdiction
thereof. The state and federal courts of Texas shall be the
exclusive forum and venue to resolve disputes arising out of or
relating to these Terms of site. If any provision of these terms
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not
affect the validity and enforceability of any remaining provisions.
This is the entire agreement between you and ArticleWritingZen.com
relating to the subject matter herein and shall not be modified by
you except in writing, signed by both parties. The Terms of site
will inure to the benefit of ArticleWritingZen.com's successors,
assigns and licensees.
Copyright and Copyright Notices
ArticleWritingZen.com respects the intellectual property of
others, and we ask our users to do the same. ArticleWritingZen.com
may, in appropriate circumstances and at its discretion, terminate
the accounts of users who infringe the intellectual property rights
of others. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide
ArticleWritingZen.com's Copyright Agent with the following
information:
* an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest;
* a description of the copyrighted work that you
claim has been infringed;
* a description of where the material that you
claim is infringing is located on the site;
* your address, telephone number, and email
address;
* a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
* a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and
that you are the copyright owner or authorized to act on the
copyright owner's behalf.
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