Gift certificate
Parent/Guardian Terms of Use

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”).

Please read these Terms carefully.  By clicking “I Accept” below, you are agreeing to: (i) these Terms; (ii) CAY Privacy Policy (the “Privacy Policy”) [www.onestopforwriters.com/privacy]; (iii) and any other legal notices, conditions or guidelines that may be posted by us.  Any and all such notices conditions or guidelines are hereby incorporated by reference into these Terms.  If you do not agree or do not wish to be bound by these Terms, you may not access or use CAY.  We reserve the right to change or amend the Terms at any time.  In the event of a material change, we will notify you by posting notice of the changes on our website or by email. Please read these Terms carefully.  By clicking “I Accept” below, you are agreeing to the Terms. YOU ARE ALSO ACKNOWLEDGING THAT YOU ARE THE CHILD'S PARENT OR LEGAL GUARDIAN AND YOU HAVE BINDING AUTHORITY TO ACCEPT THESE TERMS ON YOUR CHILD’S BEHALF.

  1. Use.  www.onestopforwriters.com is an online system that helps authors develop skills for writing their own works (the “Site”). 
  2. Privacy.  CAY will share or disclose your personal information in accordance with our Privacy Policy and applicable law [www.onestopforwriters.com/privacy]. You should read the Privacy Policy carefully before using our Site because by doing so you are agreeing to everything in these Terms, including the terms contained in our Privacy Policy.
  3. Fees.  You are responsible for any charges incurred for using the Site.
  4. Passwords and Account Security.  As set forth in Section 8, 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.
  5. Third Party Sites.  CAY may on occasion provide links or access to other, third party websites.  We are not responsible for any content or information provided by such third party sites.  You should carefully review the applicable terms of use and privacy policies of any third party site.
  6. Term and Termination.  These Terms shall go into effect upon accessing or using the Site, and shall 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.
  7. 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, including without limitation any warranty of merchantability or fitness for a particular purpose, regarding the operation of the Site or the accuracy of any information you obtain through the Site.  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 (i) errors, mistakes, or inaccuracies of Site content or User Content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site or User Content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal technical, financial or other information stored therein; (iv) any interruption or cessation of transmission to or from our Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Site by any third party.
  8. Intellectual Property and Access Rights.  As between you and CAY, the content on the Site, except 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 and conditions herein.  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, or modify, or reverse engineer the System, or to help any other person do to 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 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 info@onestopforwriters.com.  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 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.

  1. 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 (“Marks”).  Absent express written permission from CAY, you are not authorized to use such Marks.
  2. User Submissions.  

(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 which 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. 

  1. 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: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) 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 of an exclusive right that is allegedly infringed.

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
Howard.Gitten@lockelord.com

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 info@onestopforwriters.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.

  1. 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 CAY, its officers, directors, employees or agents be liable for indirect, special, consequential, or punitive damages, even if those damages are otherwise foreseeable or even if any of them have been advised of the possibility of such damages.
  2. 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 whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Site content or User Submissions; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site or User Submissions, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein; (iv) any interruption or cessation of transmission to or from our Site; (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Site by any third party; or (iv) any errors or omissions in any Site content or User Submissions, or for any loss or damage of any kind incurred as a result of your use of the Site or User Submissions, whether based on warranty, contract, tort, or any other 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.

  1. 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: (i) your use of and access to the Site, including any User Submissions; (ii) your violation of any term of these Terms of Use or the documents or policies referenced herein; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) your violation of any law.  This defense and indemnification obligation will survive these Terms of Use and your use of the Site.  You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify CAY Indemnitees.
  2. 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 to 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 New York, New York 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.