Terms and Conditions of Use
The following terms and conditions of use (“Terms”) govern your use of One Stop For Writers (the “Site”), which is owned and maintained by CAY ENTERPRISE, LLC (“CAY”).
Use. One Stop for Writers is an online system that helps authors develop skills for writing their own works. You affirm that you are at least 18 years of age and are fully able and competent to enter into and abide by these Terms.
Fees. You are responsible for any charges incurred for using the Site.
Passwords and Security. You will be required to set up a password to access certain portions of the Site. You agree not to share your password with any other person. In the event you do share your password, CAY is not responsible for any resulting disclosure of your personal information. We are not responsible for the security of your computer, cell phone, or internet service provider.
Accounts. You will only have one account. It is your responsibility to ensure that the email address associated with that account is up-to-date so you’ll receive any necessary correspondence.
Term and Termination. These terms will go into effect upon accessing or using the Site and will continue until you or CAY terminates your right to use the Site. CAY may terminate your access to the Site at any time for any reason. You may terminate your relationship with CAY at any time.
Disclaimer. We provide the Site for your personal use. You agree that your use of the Site is at your sole risk. To the fullest extent permitted by law, CAY, its officers, directors, employees, affiliates, and agents disclaim all warranties, express or implied, regarding the operation of the Site or the accuracy of any information you obtain there. We do not guarantee that the Site always will operate or that it will be error-free. We assume no liability or responsibility for any of the following:
• Errors, mistakes, or inaccuracies of Site content or user content.
• Personal injury or property damage resulting from your access to and use of the Site or user content.
• Any unauthorized access to or use of our secure servers and/or personal technical, financial, or other information stored there.
• Any interruption or cessation of transmission to or from our Site.
• Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party.
Intellectual Property and Access Rights. The content on the Site—excepting all user submissions (defined below)—is owned by or licensed to CAY, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. CAY hereby grants to you a limited, non-exclusive, non-transferable right to use and access the Site for your personal use in accordance with the Terms. You agree not to use the Site in any other way or for any other purpose. CAY and the software, code, proprietary methods, and systems used to provide the Site (the “System”) are proprietary and protected by applicable law. You agree not to attempt to access, copy, modify, or reverse engineer the System, or to help any other person do these things. You agree not to attempt to insert any computer virus or other software into the System. Any use or access of our Site or System in violation of these Terms is unauthorized and can lead to suspension or termination of your privileges to use the Site in our sole discretion and you will be responsible for any resulting damages to the Site, the System, or our business.
In order to access some features of the Site, you will have to create an account with a login and password. You may not use another person’s account or share your account and password with any other user or entity. When creating your account, you agree that you will provide current, complete, and accurate information, and you agree that you will update your account information as necessary to keep it so. You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure. You must immediately notify One Stop for Writers (at firstname.lastname@example.org) about any breach of security or unauthorized use of your account. CAY will not be liable for your losses caused by any unauthorized use of your account; however, you may be liable for the losses incurred by CAY or others due to such unauthorized use.
You agree that you will not use the Site or the services offered through the Site under the following conditions:
• In connection with any commercial activities and/or sales without CAY’s prior written consent, including advertising, contests, sweepstakes, or pyramid schemes
• To promote information that you know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous
• To engage in or promote any criminal activity or enterprise, including harassment, stalking, bullying, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets
• To solicit personally identifying information for commercial or unlawful purposes
• To advertise to, solicit, or sell to any person without their prior explicit consent
• To harvest or collect personally identifiable information of users or members for purposes of sending unsolicited communications or commercial solicitations
• To use or launch any automated system that accesses the Site in a manner that sends more request messages to our servers in a given period of time than humanly possible in the same period by using a web browser. In order to protect third parties and other users from such prohibited conduct, CAY reserves the right to restrict, in its sole discretion, communications that a user may send through the Site.
Trademarks. Any logo, trademarks, service marks, and other material displayed on the Site may constitute trademarks, service marks, or logos of CAY or its licensors. Without express written permission from CAY, you are not authorized to use such Marks.
(a) Private Submissions: The Site may permit you to upload or submit certain user-generated content (“User Submissions”) at a private account, access-controlled portion of the Site. You grant us the right and permission to host and use your User Submission, in whole or in part, in accordance with the agreed-to use of the Site. You understand and acknowledge that CAY can only guarantee confidentiality with respect to any User Submissions that are submitted solely to your assigned private account.
You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with any User Submissions, you affirm that
• You own or have the necessary licenses, rights, consents, and permissions to use (and authorize CAY to use) all proprietary rights to enable the inclusion and use of your User Submissions in the manner contemplated by the Site and these Terms
• The posting or publication of your User Submission on or through the Site does not and will not violate any confidentiality obligations between you and anyone else or the privacy rights, publicity rights, or other rights of any person
• You have the proper permission of every identifiable person or organization in your User Submission to use their name or likeness
As between you and CAY, you will retain all ownership rights in your User Submissions. By submitting a User Submission to CAY, you grant to CAY a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sub-licensable and transferable license to use and store it on our Site and servers in connection with the Site (and its successor or affiliate sites). You further waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.
(b) Public Submissions: By loading your User Submission (or submitting it to be loaded) to a publicly accessible portion of the Site, you agree to allow for its hosting and sharing, transmission, editing, and/or publishing. You also grant to CAY a perpetual, worldwide, non-exclusive, royalty-free, fully-paid-up, sub-licensable and transferable license to use, edit, post, publish, distribute, publicly perform, create derivatives of, and display such public User Submissions. You further agree to allow CAY to incorporate them into commercials, advertisements, promotions, video, or any other publicity or other materials of CAY relating to the Site or System. You further affirm that you will not
• Publish falsehoods or misrepresentations that could damage the Site, CAY, or any third party
• Submit material that is pornographic, sexually explicit, lewd, obscene, defamatory, or libellous in any manner whatsoever, hateful, intimidating, racially or ethnically offensive, or constitutes or encourages conduct that would be considered a criminal offense of any federal, state, or local law, give rise to civil liability, or is otherwise inappropriate
• Post advertisements or solicitations of business, including any junk mail or spam
• Impersonate another person or organization or otherwise misrepresent yourself, your age, or your affiliation with any third party, organization, or person
• Upload, post, store, or make available any computer file or program that is capable of destroying, interrupting, or interfering with or limiting the functionality of the Site
CAY does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. CAY also expressly disclaims any and all liability in connection with User Submissions. CAY does not permit infringement of copyrights or intellectual property rights on its Site. We will remove any and all User Submissions (if properly notified) that infringe on another’s intellectual property rights. We reserve the right to decide whether a User Submission is appropriate and complies with these Terms for other violations, such as violations of rights of publicity or privacy or excessive length. CAY may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice, and at its sole discretion. In order to cooperate with legitimate governmental requests, court orders, or subpoenas, to protect CAY’s systems and customers, and to ensure the integrity of CAY’s business and systems, CAY may access and disclose any information that it considers necessary or appropriate, including personal data or other user data, IP address and traffic information, usage history, and User Submissions.
In addition, by submitting a public User Submission to One Stop for Writers you hereby grant CAY the right to use your name, image, and information in connection with such User Submission.
CAY is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. CAY is not liable for any statements, representations, or User Submissions provided by users on the Site.
Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Submission or other Site content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. § 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
• An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• A description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a notification, a representative list of such works at our Site
• A description of the location on the Site of the allegedly infringing material(s)
• Your address, telephone number, and e-mail address
• A written statement that you have a good faith belief that use of the referenced material(s) is not authorized by the copyright owner, its agent, or the law
• A written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner
CAY’s designated Copyright Agent for notice of claims of infringement is:
CAY Enterprise, LLC
c/o Howard Gitten
Locke Lord LLP
525 Okeechobee Blvd.
West Palm Beach, FL 33326
Only notices of alleged copyright infringement should go to the Copyright Agent. Any other communications should be submitted to CAY at email@example.com. You acknowledge that if you fail to comply with all the notice requirements of the DMCA, your notice may not be valid.
If you believe that your removed User Submission is not infringing, you may send a counter-notification to the copyright agent containing the following information:
• Your physical or electronic signature
• Identification of the material that has been removed or changed. If access has been disabled, please include the location of the material before it was removed or disabled
• A statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the material
• Your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the State of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If such counter-notification is received by the Copyright Agent, CAY will send a copy to the original notifying party. The original notifying party will have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting the material. If no infringement action is filed within 10 business days, CAY may, in its sole discretion, reinstate the removed material or cease disabling it.
In accordance with the DMCA and other applicable law, CAY shall, in appropriate circumstances, terminate access, in its sole discretion, of any registered member that CAY finds to be a repeat infringer of others’ copyrights. CAY may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is a repeat offender or not.
Release. You hereby release CAY, its officers, directors, employees, and agents from any liability arising out of your use of the Site. In no event will they be liable for indirect, special, consequential, or punitive damages.
Limitation of Liability. In no event shall CAY, its officers, directors, employees, affiliates, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from any
• Errors, mistakes, or inaccuracies of the Site content or User Submissions
• Personal injury or property damage resulting from your access to and use of our Site or User Submissions
• Any unauthorized access to or use of our secure servers and/or any information stored therein
• Any interruption or cessation of transmission to or from our Site
• Any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Site by any third party
• Any errors or omissions in any Site content or User Submissions, or for any loss or damage incurred as a result of your use of the Site or User Submissions, whether based on any legal theory (including negligence), and whether or not CAY is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that CAY shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Indemnification. You agree to defend, indemnify, and hold harmless CAY, its affiliates, and their respective officers, directors, managers, employees and agents (“CAY Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s and accountant’s fees) arising from
• Your use of and access to the Site, including any User Submissions
• Your violation of any third-party right, including any copyright, property, publicity, or privacy right
• Any claim that one of your User Submissions caused damage to a third party
• Your violation of any law
Miscellaneous. These Terms represent the entire agreement between you and CAY, and can be modified only by a written document signed by you and an authorized representative of CAY. The validity, interpretation, construction, and performance of these Terms will be governed by the laws of New York without regard for the conflicts of law provisions thereof. Any disputes arising out of these Terms, its interpretation, or enforcement, the use of the Site, or any related matter shall be resolved by binding arbitration carried out in the state of Florida before a single arbitrator. The arbitration shall be carried out in accordance with the rules of the American Arbitration Association. The decision of the arbitrator may be entered for judgment in a court of competent jurisdiction.