WELCOME TO THE talentedwriting.com WEBSITE (“SITE”) OPERATED BY talentedwriting.com,. BY VISITING AND USING THIS SITE YOU WILL BE ACCEPTING THESE TERMS OF USE (“TOU”). THE TOU GOVERNS YOUR ACCESS TO AND USE OF THE SITE AND ANY OF THE SERVICES WE PROVIDE THROUGH THE SITE (TOGETHER WITH THE “SERVICES”). PLEASE READ THEM CAREFULLY AND IF YOU DISAGREE WITH THE TOU IN ANY WAY, THEN DO NOT USE THIS SITE OR ANY OF THE SERVICES. talentedwriting.com RESERVES THE RIGHT TO POST CHANGES TO THE TOU ON THIS SITE AT ANY TIME. IF WE MAKE ANY MATERIAL CHANGES TO THIS TOU, WE WILL POST THE UPDATED TOU HERE, ALONG WITH ITS EFFECTIVE DATE, AND NOTIFY YOU BY EMAIL OR BY MEANS OF A NOTICE ON OUR SITE. IF ANY CHANGES ARE NOT ACCEPTABLE, YOU MUST STOP YOUR USE OF THIS SITE. IN THESE TOUS, “talentedwriting.com” AND “WE” REFER TO talentedwriting.com,, AND “USER” OR “YOU” REFER TO EACH VISITOR TO THIS SITE.
THE SERVICES ARE OFFERED AND AVAILABLE TO USERS WHO ARE 13 YEARS OF AGE OR OLDER. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU MEET THE FOREGOING ELIGIBILITY REQUIREMENT. IF YOU DO NOT MEET THIS REQUIREMENT, YOU MUST NOT ACCESS OR USE THE SERVICES.
USE OF THE SITES BY YOU
YOU AGREE THAT THE TERMS OF USE, COMBINED WITH YOUR ACT OF USING THE SERVICES, HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN CONTRACT WITH YOUR WRITTEN SIGNATURE AND SATISFY ANY LAWS THAT REQUIRE A WRITING OR SIGNATURE. YOU FURTHER AGREE THAT YOU SHALL NOT CHALLENGE THE VALIDITY, ENFORCEABILITY, OR ADMISSIBILITY OF THE TERMS OF USE ON THE GROUNDS THAT IT WAS ELECTRONICALLY TRANSMITTED OR AUTHORIZED.
PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF talentedwriting.com AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF talentedwriting.com’S RESPONSIBILITY.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. THE CONTENTS OF THE SERVICES, AND THE SERVICES AS A WHOLE, ARE INTENDED SOLELY FOR PERSONAL, NON-COMMERCIAL USE BY THE USERS OF THE SERVICES AND MAY NOT BE USED EXCEPT AS PERMITTED IN THESE TERMS OF USE.
ACCEPTABLE USE
YOU ARE PROHIBITED FROM VIOLATING OR ATTEMPTING TO VIOLATE THE SECURITY MEASURES ON THE SERVICES, INCLUDING, WITHOUT LIMITATION:
USING A FALSE PASSWORD OR ONE BELONGING TO ANOTHER USER ACCESSING DATA NOT INTENDED FOR THE USER OR LOGGING INTO A SERVER OR ACCOUNT WHICH SUCH USER IS NOT AUTHORIZED TO ACCESS;
DISCLOSING A PASSWORD PERMITTING A THIRD PARTY TO USE A PASSWORD OR FAILING TO NOTIFY US IF A PASSWORD IS COMPROMISED;
ATTEMPTING TO PROBE, SCAN, OR TEST THE VULNERABILITY OF THE SYSTEM OR NETWORK OR TO BREACH SECURITY OR AUTHENTICATION MEASURES WITHOUT PROPER AUTHORIZATION;
ATTEMPTING TO INTERFERE WITH SERVICE TO ANY USER, HOST, OR NETWORK, INCLUDING, WITHOUT LIMITATION, VIA MEANS OF OVERLOADING, “FLOODING”, “MAIL BOMBING” OR “CRASHING”;
SENDING UNSOLICITED E-MAIL OR COMMERCIAL ELECTRONIC MESSAGES, INCLUDING PROMOTIONS AND/OR ADVERTISING OF PRODUCTS OR SERVICES;
FORGING ANY TCP/IP PACKET HEADER OR ANY PART OF THE HEADER INFORMATION IN ANY E-MAIL OR NEWSGROUP POSTING; OR
HIJACKING ALL OR ANY PART OF THE SERVICE CONTENT, DELETING OR CHANGING ANY SERVICE CONTENT, DEPLOYING POP-UP MESSAGES OR ADVERTISING, RUNNING OR DISPLAYING THIS SERVICE OR ANY SERVICE CONTENT IN FRAMES OR THROUGH SIMILAR MEANS ON ANOTHER WEBSITE, OR LINKING TO THE SERVICES OR ANY PAGE WITHIN THE SERVICES, WITHOUT OUR SPECIFIC WRITTEN PERMISSION.
COPYRIGHT AND COPYRIGHT COMPLAINTS
ALL COPYRIGHT, TRADEMARKS, DESIGN RIGHTS, AND ALL OTHER INTELLECTUAL PROPERTY RIGHTS (REGISTERED OR UNREGISTERED) WHERE RELEVANT IN AND ON THE SITE AND ALL CONTENT LOCATED ON THE SITE SHALL AT ALL TIMES REMAIN VESTED IN talentedwriting.com.
talentedwriting.com, GRANTS YOU A LIMITED, NON-EXCLUSIVE, REVOCABLE, NON-TRANSFERABLE LICENSE TO USE THE SITE CONTENT SOLELY FOR PERSONAL USE RELATING TO YOUR USE OF THE SITE. EXCEPT AS EXPRESSLY SET OUT HEREIN, NEITHER YOU NOR ANYONE ACTING ON YOUR BEHALF ACQUIRES ANY INTELLECTUAL PROPERTY RIGHTS RELATING TO ANY SITE CONTENT. ANY RIGHTS NOT EXPRESSLY GRANTED WITHIN THESE TERMS ARE RESERVED.
BY SHARING ANY CONTRIBUTION(S) WITH US (INCLUDING BUT NOT LIMITED TO DATA, TEXT, PHOTO, MESSAGE, POSTING, IMAGE, LOGO, ATTACHMENT, HYPERLINK, AND ALL OTHER CONTENT (COLLECTIVELY “CONTRIBUTION(S)”) TO THE SITE, YOU AGREE AND GRANT talentedwriting.com, AND ITS SUB-LICENSEES, FREE OF CHARGE PERMISSION, TO USE THE CONTRIBUTION(S) AT talentedwriting.com, SOLE DISCRETION (INCLUDING MODIFYING AND ADAPTING IT FOR OPERATIONAL AND EDITORIAL REASONS) IN CONNECTION WITH THE OPERATION OF THE SITE AND OUR BUSINESS. THE LICENSE EXTENDS TO COPYING, DISTRIBUTING, BROADCASTING, OR OTHERWISE TRANSMITTING, ADAPTING, OR EDITING THE CONTRIBUTION(S).
YOU AGREE AND CONFIRM THAT ANY CONTRIBUTION(S) YOU PROVIDE OR UPLOAD IS ORIGINAL TO YOU AND DOES NOT INFRINGE UK LAWS, COPYRIGHT, OR OTHER RIGHTS OF ANY OTHER PERSON, OR THAT YOU HAVE THE CONSENT NECESSARY TO PROVIDE THE CONTRIBUTION(S) TO talentedwriting.com.
YOU ACKNOWLEDGE THAT talentedwriting.com, DOES NOT ENDORSE THE ACCURACY, INTEGRITY, COPYRIGHT, COMPLIANCE, LEGALITY, QUALITY, OR DECENCY OF ANY CONTRIBUTION(S). USERS MAY RESPOND TO OR COMMENT UPON CONTRIBUTION(S), SUCH COMMENTS DO NOT NECESSARILY REPRESENT THE VIEWS OR OPINIONS OF talentedwriting.com.
talentedwriting.com, RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR USERS TO DO THE SAME. talentedwriting.com, MAY, IN APPROPRIATE CIRCUMSTANCES AND AT ITS DISCRETION, TERMINATE THE ACCESS OF USERS, SUBSCRIBERS, AND ACCOUNT HOLDERS WHO INFRINGE THE COPYRIGHT RIGHTS OF talentedwriting.com, AND OF OTHERS.
IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED AND IS ACCESSIBLE ON ANY talentedwriting.com, IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, OR THAT THE SITE CONTAINS LINKS OR OTHER REFERENCES TO ANOTHER ONLINE LOCATION THAT CONTAINS MATERIAL OR ACTIVITY THAT INFRINGES YOUR COPYRIGHT, PLEASE CONTACT talentedwriting.com, IMMEDIATELY USING THE REPORT FUNCTION ON THE SITE.
CHANGES TO THE TERMS OF USE
PLEASE NOTE THAT WE MAY CHANGE THE TERMS OF USE FROM TIME TO TIME AT OUR SOLE DISCRETION AND WE RESERVE THE RIGHT TO DO SO WITHOUT YOUR CONSENT. ANY REVISED TERMS AND CONDITIONS WILL BE APPLICABLE AT THE TIME OF POSTING ON OUR SITE. PLEASE ENSURE THAT YOU REVIEW THESE TERMS AND CONDITIONS REGULARLY AS YOU WILL BE DEEMED TO HAVE ACCEPTED A VARIATION IF YOU CONTINUE TO USE THE SITE AFTER IT HAS BEEN POSTED.
GOVERNING LAW &JURISDICTION
THESE TERMS AND CONDITIONS ARE GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA AND THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF LOCAL COURTS.NO WAIVER OF ANY OF THESE TERMS OF USE SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR CONDITION OR ANY OTHER TERM OR CONDITION.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS talentedwriting.com, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, ARISING OUT A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS AND CONDITIONS OR PRIVACY POLICY OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATION AND WARRANTIES UNDER THESE TERMS AND CONDITIONS.
REMEDIES
YOU AGREE THAT ANY UNAUTHORIZED USE OF THE talentedwriting.com PROPERTIES WILL RESULT IN IRREPARABLE INJURY TO talentedwriting.com, FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE. THEREFORE, IN SUCH EVENT, talentedwriting.com SHALL HAVE THE RIGHT, IN ADDITION TO OTHER REMEDIES AVAILABLE AT LAW AND IN EQUITY, TO IMMEDIATE INJUNCTIVE RELIEF AGAINST YOU AND TO PREVENT ANY UNAUTHORIZED USE. NOTHING CONTAINED IN THIS SECTION OR ELSEWHERE IN THESE TERMS OF USE SHALL BE CONSTRUED TO LIMIT REMEDIES AVAILABLE PURSUANT TO STATUTORY OR OTHER CLAIMS THAT talentedwriting.com MAY HAVE UNDER SEPARATE LEGAL AUTHORITY.
THIRD-PARTY CONTENT
ANY TESTIMONIALS, OPINIONS, ADVICE, PRODUCT OR SERVICE OFFERS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE BY THIRD PARTIES (“THIRD PARTY CONTENT”) ARE SOLELY THOSE OF THEIR RESPECTIVE PROVIDERS AND NOT OF talentedwriting.com WHICH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THIRD PARTY CONTENT. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THIRD PARTY CONTENT AND talentedwriting.com SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY USERS’ RELIANCE ON OR OTHER USE OF THIRD PARTY CONTENT.
TERMINATION
THIS AGREEMENT IS EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR talentedwriting.com. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY DISCONTINUING THE USE OF THE SERVICES (SUBJECT TO THE SURVIVING TERMS SET FORTH HEREIN). talentedwriting.com ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME AND MAY DO SO IMMEDIATELY WITHOUT NOTICE, AND ACCORDINGLY DENY YOU ACCESS TO THE SERVICES, IF, IN talentedwriting.com’S SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY TERM OR PROVISION OF THIS AGREEMENT.