The following Terms and Conditions of Use (“Terms”) govern your use of www.onestopforwriters.com and any other site owned or maintained by CAY ENTERPRISE, LLC (sometimes referred to as “CAY” “we” or “us”).
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 current, complete and accurate. 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 CAY of any breach of security or unauthorized use of your account by contacting firstname.lastname@example.org. 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: (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without CAY’s prior written consent; (ii) 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; (iii) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, stalking, bullying, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets; (iv) to solicit personally identifying information for commercial or unlawful purposes; (v) to advertise to, solicit, or sell to any person without their prior explicit consent; (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations; or (vii) to use or launch any automated system, including without limitation, “robots,” or “spiders,” that access 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.
(a) Private Submissions: The Site may permit you to upload or submit certain user-generated text, information, data, audio files, videos, graphics, photographs, or other content (“User Submissions”) to the Site at a private account, access controlled portion of the Site. You hereby grant us, in perpetuity and without territorial, time, use, or other limitations, the right and permission to host, use, separately or together, your User Submission in whole or in part, edited or unedited, in any and all media in accordance with the agreed to use of the Site. You understand and acknowledge that CAY can only guarantee any confidentiality with respect to any User Submissions that are submitted solely to your assigned private account.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them, if public in accordance with the terms below. In connection with any User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize CAY to use all copyrights, trademarks, trade secrets, patents or any other proprietary rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Site and these Terms; (ii) 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 any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person, school, institution or organization in your User Submission to use the name or likeness of each and every such identifiable person, school, institution or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms.
As between you and CAY, you will retain all ownership rights in your User Submissions. By submitting a User Submission to CAY, you hereby grant to CAY a perpetual, worldwide, non-exclusive, royalty-free, fully-paid-up, sublicenseable and transferable license to use, post, if a public User Submission, and store your User Submissions on our Site and servers such User Submissions in connection with the Site (and its successor or affiliate Sites), including without limitation the right to modify and adapt the User Submission. You further hereby 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 to a publicly accessible portion of the Site, you further agree to allow for the hosting and sharing, transmission and/or publishing of such User Submissions loaded by you to a public access portion of the Site, and hereby grant to CAY a perpetual, worldwide, non-exclusive, royalty-free, fully-paid-up, sublicenseable and transferable license to use, post, publish, distribute, publicly perform, create derivatives of and display such public User Submissions. You further agree to allow CAY to incorporate such public User Submissions into commercials, advertisements, promotions, video or any other publicity or other materials of CAY, relating to the Site or System. You further affirm, represent and warrant that you will not: (i) publish falsehoods or misrepresentations that could damage the Site, CAY, or any third party; (ii) 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; (iii) post advertisements or solicitations of business, including any “junk mail” or “spam”; (iv) impersonate another person or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, organization or person; or (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Site or any server, computer hardware, software or equipment.
CAY does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. CAY does not permit copyright infringing activities and infringement of intellectual property rights on its Site. We will remove any and all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. We reserve the right to decide whether a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, 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, without limitation, 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 CAY 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.
CAY’s designated Copyright Agent for notice of claims of infringement is:CAY Enterprise, LLC
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CAY at email@example.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and (iv) 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 shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, CAY may, in its sole discretion, reinstate the removed material or cease disabling such material.
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 repeat offender or not.
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.