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We are grateful you have taken advantage of Writers Aid.com and its related services (“Services”). The Writers Aid Terms of Service (“Terms”) explain the rights and responsibilities of customers that use the service.
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The agreement between you (“you”) and DNC-MEDIA (“DNC-MEDIA”, “we” or “us”) is outlined in these Terms. By registering to use the Services, you are
consenting to being bound by the following Terms. Please read these Terms before using the Services. Unless you consent to these Terms, you may not sign up
for the Services.
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The provisions of this agreement will apply to all documents related to the purchase of our services, including any online, emailed, or in-app orders
that you and DNC-MEDIA agree upon (collectively referred to as “Order”). All orders shall be subject to these Terms.This agreement requires that if you are
signing this contract on behalf of a company or other legal entity, you are certifying that you are authorized to bind that entity, its related affiliates
and any users who access our services through the account to these terms and conditions. Thus, the terms “you” or “your” shall refer to the organization,
its associated affiliates and users associated with it. If you do not have the right to agree to these terms and conditions, or if you are not in agreement
with them, do not accept this agreement and do not use the services.
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Should we make substantial modifications to these Terms, we shall notify you either through the website or through email (at the address provided by you).
If you do not consent to these changes, you can make a request to cancel your account via support@writers-aid.com. If there is no response from you within
ten days, the updated terms will be applicable to you.
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Free services and paid services
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In accordance with the conditions set forth in each Order, DNC-MEDIA grants you access to its writing assistant software, which is provided as
a software-as-a-service, as well as any related websites, services, applications, learning content and features as detailed in the Order ("Services").
DNC-MEDIA may provide services that have no associated cost and are limited in their capabilities ("Free Services"), or services that require Service
Fees to be paid to acquire the agreed functionalities ("Paid Services"), all of which can be found in the Order.
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DNC-MEDIA reserves the right to introduce new versions and updates to the Paid Services, including, but not limited to, changes to the design,
operational methods, technical specifications, systems, and other functions of the Paid Services, in accordance with applicable law, particularly
when such changes are essential to maintain the contractual reliability of the Paid Services or for compelling technical, economic, or legal reasons.
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DNC-MEDIA reserves the right to downgrade, limit or otherwise modify Free Services at any time without prior notification. In accordance with Clause
9, DNC-MEDIA is not obligated to guarantee, indemnify, provide maintenance or support, or ensure availability of free services. Free Services are not a
guarantee of (future) product features of Paid Services.
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DNC-MEDIA reserves the right to grant one access to Paid Services without charge or with reduced Service Fees for a period of time decided upon by
DNC-MEDIA only ("Trial Use"). DNC-MEDIA reserves the right to reduce, restrict or otherwise modify the Services provided for Trial Use at any moment
without warning. In accordance with Clause 9, DNC-MEDIA will have no responsibility regarding any warranty, indemnity, Maintenance or Support and
availability in regards to Trial Use. DNC-MEDIA reserves the right to revoke or terminate any Trial Use without prior notice. A trial use does not
guarantee future product features. In accordance with the terms and conditions agreed in the Order, Trial Use of Services may terminate and consequently
be transformed into regular Paid Services.
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DNC-MEDIA may enlist subcontractors, including third-party software providers, for the execution of any of its obligations under any Order whenever
necessary.
- You must pay the fees for Paid Services as specified in the Order in accordance with the terms therein (the "Service Fees").
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Writers Aid is created for use by adults. You must be thirteen years of age or older to use it. If it is determined that we have gathered personal
information from someone younger than thirteen, we will terminate that data as soon as possible. If there is any evidence that a child under thirteen
has provided information to us, please get in touch with us at support@writers-aid.com. Through utilizing the site, you affirm and guarantee that you
possess the necessary legal capacity to establish a binding agreement with us, and are doing so by your acceptance of these terms.
Copyright and intellectual property
- We never use or access your content unless you explicitly grant us permission to do so or if legally necessary.
- We own our stuff; you own yours.
- You retain ownership of all content you post, upload to, or otherwise share on the site.
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All Writers Aid content, the selection, combination, arrangement and presentation of all materials, and the entire design of the site are copyrighted by us,
and are preserved by US and international regulations. Utilizing our content without prior written authorization is strictly forbidden.
- Writers Aid complies with the Digital Millennium Copyright Act (DMCA) when addressing copyright infringement.
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You must not publish, add, or in any way put any material or information on the site that does not belong to you, except if you have the legal permission to
do so. If you are aware of any material or data that has been published to this site, kindly submit a notice of copyright infringement that includes the following
details to the designated agent at the stated address:
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An authorized individual can provide either a physical or digital signature on behalf of the proprietor of a purported exclusive right that has been
infringed upon.
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Identifying the copyrighted work believed to have been infringed, or, if multiple copyrighted works are mentioned in a single notification,
a comprehensive selection of such works.
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The identification of the material that is allegedly being infringed upon and needs to be removed or access to which needs to be disabled,
along with information sufficient to help us locate the material.
- The contact information for the individual who is providing the notification, which includes their name, address, telephone number, and email address.
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An assertion that, to the best of your knowledge, use of the material in the manner complained of is not permitted by the copyright owner, its agent,
or the law.
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A declaration that the data in the notification is accurate, and under the penalty of perjury, that you are entitled to take action on behalf of the
holder of an exclusive right that is purportedly infringed.
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Upon notification of alleged infringement, we will respond immediately to delete, or prevent access to, the material that is alleged to be infringing or to
be the subject of infringing activity. We will make it known to the person who posted, uploaded, or in some way put the potentially infringing material on the
site that we have taken away or blocked access to such material.
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If you feel that material has been removed in error, a written counter notification must be sent to the agent and should include:
- A physical or electronic signature.
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Identification of the material that has been removed or to which access has been restricted, and the area where the material was located before it was
taken away or access to it was restricted.
- A declaration under penalty of perjury that you have a sincere belief that the material was removed or disabled out of misidentification or error.
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Your name, address, and telephone number, as well as consent to the jurisdiction of Federal District Court for the judicial district in which the address
is located. If the address is located outside of the United States, the jurisdiction must be any judicial district in which we may be found. In addition,
you must agree to accept service of process from the individual who provided the original notification or their agent.
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Upon being presented with a counter notification that meets the necessary requirements, we will immediately provide the original reporter with a copy,
and let them know that we may restore the removed material or stop denying access to it if we do not receive notification within ten business days that
the initial reporter is pursuing a court order to block any additional violation of the material in question.
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Writers Aid is designed to help people write more effectively. With regard to the use of our Services (Free or Paid), whether now or in the future,
without limitation, you agree not to do any of the following when using the Site:
- Threaten other users with violence.
- Use hateful, abusive, harassing, libelous, or obscene language towards other users;
- Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
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Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any
applicable law or regulation;
- Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
- Use the site to distribute viruses or other harmful, disruptive, or destructive files;
- Use or attempt to use another person’s account;
- Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
- Attempt to obtain unauthorized access to the site;
- Impersonate another person;
- Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
- Systematically harvest data from the site, or programmatically register accounts on the site;
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You acknowledge that you are accountable for your behavior with regard to the website, and for any correspondence sent from your account; that you shall
comply with all statutes pertaining to the transmittal of technical data or software exported from the United States; and that you will adhere to all
applicable local, state, national and international laws and regulations, including, but not restricted to, those connected to personal data, data
collection, and email formation and distribution.
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Should it be determined that you have broken any of these regulations, we may, in our sole judgment, remove the offending material or instantly limit or
terminate your account.
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You can cancel your account at any time by sending an email to support@writers-aid.com. You have the option to export your documents prior to canceling your
account. Upon canceling your account, your files will be marked for deletion within sixty days, and will be deleted upon expiration of that sixty-day period.
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We will take all necessary measures to avoid any disruptions to the service and manage your data responsibly. However, the site and our services
are provided on an "as is" and "as available" basis. We do not make any warranties, expressed or implied, concerning merchantability, suitability
for a particular purpose, or non-infringement. No warranty is given that the website or our services will satisfy your requirements, or that the services
will be uninterrupted, timely, secure, or free from errors, or that any defects, if they exist, will be corrected. You assume all responsibility for any
risks associated with downloading or obtaining content or services from the site.
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We shall be exempt from any responsibility for any direct, indirect, incidental, special or consequential damages, regardless of the cause, including
but not restricted to negligence, due to (1) the use or incapability to use the website; (2) The cost of obtaining alternative goods and services;
(3) accessing or altering your transmissions or data without permission; (4) Loss of profits, usage, data or other intangible assets, regardless of
whether we have been warned of the potential for such losses. The foregoing shall not apply to the extent prohibited by applicable law.
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You consent to indemnify, protect, and absolve us, our officers, directors, employees, members, partners, agents, and suppliers, and their
respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including
lawyers’ fees, stemming from your use of the site, including but not confined to your breach of this agreement. We may, in our sole judgment,
take on the sole responsibility and authority of any matter subject to indemnification by you. Our assumption of such defense or control shall
not constitute a waiver of your indemnity obligations.
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We reserve the right to make changes, alter, adjust, or end the website, any feature or part of it, at any time, entirely in our discretion,
and you understand that there is no assurance that the website or any part or feature of it will continue to operate or be available for any
specific amount of time.
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These terms shall be governed by and construed in accordance with the laws of the state of Texas, United States, without giving effect to its
conflict of law provisions. You accept that any legal claims or causes of action generated by your utilization of the site should be brought before
the courts situated in the state of Texas, and you also consent to the exclusive and personal authority of those courts. You agree that all claims or
legal actions resulting from your use of this website or these terms must be initiated within one year of the date that the claim or legal action
arose, or they will be rendered void, regardless of any other applicable laws of limitation. In the event that any clause outlined in these terms
is found to be unenforceable, then that clause will be removed and replaced with one that best reflects the original provision's purpose.
All other clauses in these terms will still remain in full effect. No infringement of any article of these terms shall be permissible except
through a written agreement signed by us expressly relinquishing adherence, and any such waiver shall be effective exclusively in the individual
case and for the precise purpose declared in the writing. It is recognized that no joint project, partnership, employment, or agency relationship
exists between you and us as a result of these terms and/or your utilization of the site. You may not assign any right, interest, or benefit
provided under these terms or through the site without our express prior written consent. The terms of this agreement take precedence over and
supersede any past communications, agreements or proposals, whether digital, verbal or written, between you and us in terms of the site and our services.
These terms, as well as any notices sent electronically, may be used as evidence in a court or administrative trial related to these terms and/or your
use of the site, and will be given the same level of credibility and held to the same conditions as any other documents created in physical form.
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It is forbidden to query Writers Aid through any automated means, except for through a Writers Aid API that has been documented.
Noncompliance may result in an indefinite suspension of access to Writers Aid.
DISCLAIMER OF WARRANTIES AND LIABILITY. The Services and all information provided by DNC-MEDIA are provided "as is". Use of the Services and any information
received through it are entirely at your own risk. NEITHER DNC-MEDIA, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
SUPPLIERS OR LICENSORS WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, RELEVANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF
THE CONTENT AVAILABLE THROUGH THE SERVICES. DNC-MEDIA shall not be liable to you or anyone else for any losses or damage incurred wholly or partially due
to its negligence or circumstances out of its control when procuring, compiling, interpreting, reporting or delivering the service and any content through
its websites. UNDER NO CIRCUMSTANCES SHALL DNC-MEDIA BE ACCOUNTABLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON THE CONTENT FOUND ON THE SERVICES.
DNC-MEDIA SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, REGARDLESS OF BEING GIVEN NOTICE OF THE POTENTIAL OF SUCH DAMAGES.
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It is agreed that any liability of DNC-Media resulting from any type of legal action (whether contractual, tortuous or otherwise) related to the
Services or the Content in the Services shall not exceed the amount paid by you to DNC-Media for the use of the Services in the 6 months immediately
preceding the event which sparked such claim. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT DNC-MEDIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR
THIRD-PARTIES AND THAT THE RISK OF DAMAGES OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
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Subscriber agrees to indemnify DNC-MEDIA, its affiliates and their respective directors, officers, employees and agents
from any and all claims and costs, including attorneys' fees, that may occur due to the use of the Services or Subscriber's account.
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To be eligible for a complimentary license via our referral system ("Referral License"), you must refer only approved customers ("Referred Customers").
Automated monitoring procedures are utilized to ensure that Referred Customers are only recorded when they are actually using the product. Writers Aid
retains the authority to review, investigate, and cancel any Referral License that disregards the Referral Program, such as endeavoring to gain a Referral
License through self-referral, by using another email address, or any other tactic that is not in agreement with the ethos of the Referral Program.
This document was last modified on 01-Aug-19