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Wikinovel:Legal Issues and Terms of Service

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Terms of Service

  1. ACCEPTANCE OF TERMS. BoxFire Media ("the Company") and Wikinovel ("the Site") welcomes you to this community. The Company provides its service to you, subject these User Terms of Service ("TOS") and the Wikenovel Community Guidelines ("Guidelines"), both of which may be updated by us from time to time without notice to you. In addition, when using particular BoxFire Media owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement. The Company or its owners reserves the right to alter, change or modify these terms by adding to, taking away from or otherwise altering this page. Please review the terms on a regular basis.
  2. TERMS, DEFINITIONS. The terms, "the Company," "the Site," and "the Owner," are used interchangeably throughout this agreement.
  3. DESCRIPTION OF SERVICES. The Company provides access to a rich collection of resources, including an online community of connected people who create content, read, view, listen to, edit, rate and share content with networks of other Site users ("members"), through a network of properties which may be accessed via the Internet (the "Service"). As a user of the Service, you understand and agree that the Service may also include advertisements that are necessary for the Site to provide the Service, and the Service may include certain communications from the Company, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Company properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. The Company is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 13 years of age to access and view the Service. In addition, please be aware that the Company has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
  4. PRIVACY POLICY. Personal and certain other information about you is subject to our Privacy Policy. As a condition of using the Service, you agree to the terms of the Privacy Policy, as it may be changed from time to time.
  5. CONTRIBUTIONS.By submitting, editing, writing, and/or creating content ("Contribuitions") at Wikinovel, you grant a world-wide, royalty free, exclusive, unlimited and perpetual license(s) to the Site, the Company, and Justin McLaughlin ("the Owner") to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Contributions via the Site or on any other property. The Company reserves the right to syndicate the Contributions submitted, posted, and/or displayed by you and to use those Contributions in connection with other services offered by the Company. You understand that your Contributions may be changed, altered and/or adapted by other Members of the Site.
  6. CONTRIBUTIONS WARRANTY.You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and/or other materials ("Content" and/or "Contributions"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Compnay be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. YOU AGREE TO UPLOAD ONLY ORIGINAL CONTENT THAT WAS CREATED BY YOU. You acknowledge that the Company may or may not pre-screen Content, but that the Site and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, the Site and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Site or submitted to the Site, including without limitation information in all other parts of the Service.
  7. MEMBER DISPUTES. You are solely responsible for your interactions with other Members. As a Member, you are expected to tolerate viewpoints and perspectives with which you may not agree. The Site is not obligated to arbitrate, or resolve in any manner, disputes that arise between Members. The Site reserves the right but has no obligation, to monitor disputes between you and other Members, and to take any action, in the Site's sole discretion, that may be appropriate under the circumstances. Such actions may include, but are not limited to the suspension or termination of memberships and the removal of inappropriate content.
  8. MEMBER ACCOUNTS. You agree that the Site may, under certain circumstances and without prior notice, immediately terminate your Member account, any associated email address, any associated username, and/or access to the Service. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOS or other incorporated agreements, guidelines, policies or rules, (ii) requests by law enforcement or other government agencies, (iii) unexpected technical or security issues or problems, (iv) extended periods of inactivity, (v) your engagement in fraudulent or illegal activities, and/or (vi) nonpayment of any fees owed by you in connection with the Service. Termination of your Site account includes (a) removal of access to all offerings within the Service, (b) deletion of your password, username and all related information, files and Contribuitions associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Site's sole discretion and that the Site shall not be liable to you or any third-party for any termination of your account, any associated email address, username or access to the Service.
  9. INDEMNITY. You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Contributions you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
  10. NO RESALE OF SERVICE. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Wikinovel username) or Contributions you do not own, use of the Service or Contributions you do not own, or access to the Service or Contributions you do not own, without the express written consent of the Company.
  11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ANY GOODS PROCURED VIA THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY 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.
    2. THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND 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.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  12. LIMITATION OF LIABILITY.YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISERS OR MERCHANTS ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
  13. GENERAL INFORMATION. Entire Agreement. The TOS constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company with respect to the Service. You also may be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines or rules that may apply when you use or purchase certain elements of the Service, affiliate, merchant, or advertiser services, third-party content, or third-party software.
    1. Independent Contractors. Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
    2. Choice of Law and Forum. The TOS and the relationship between you and the Company shall be governed by the laws of the state of West Virginia without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Monongalia, West Virginia.
    3. Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
    4. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  14. Violations. Please report any violations of the TOS to support@box-fire.com.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Wikinovel respects the intellectual property of others, and we ask our users to do the same. Wikinovel may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Wikinovel immediately at support@box-fire.com with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property 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 or other intellectual property right owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
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