home
|
find other writers
|
let other writers find you
|
writing partners
|
writers talking
|
my page
Terms & Conditions
Matchwriters.com Terms of Use Agreement
Matchwriters.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by Matchwriters.com ("Matchwriters.com" or "we") include the Matchwriters.com website (the "Matchwriters Website"), the Matchwriters.com Internet messaging service, and any other features, content, or applications offered from time to time by Matchwriters.com in connection with the Matchwriters Website (collectively, the "Matchwriters Services"). The Matchwriters Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Matchwriters Services. By using the Matchwriters Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Matchwriters Website) or you are a "Member" (which means that you have registered with Matchwriters.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Matchwriters Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Matchwriters Website and discontinue use of the Matchwriters Services immediately. If you wish to become a Member, communicate with other Members and make use of the Matchwriters Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Matchwriters.com's policy for acceptable use of the Matchwriters Services and Content posted on the Matchwriters Website, your rights, obligations and restrictions regarding your use of the Matchwriters Services and Matchwriters.com's Privacy Policy. In order to participate in certain Matchwriters Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Matchwriters Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. Matchwriters.com may modify this Agreement from time to time and such modification shall be effective upon posting by Matchwriters.com on the Matchwriters Website. You agree to be bound to any changes to this Agreement when you use the Matchwriters Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Matchwriters.com and that you provide to other Users. Your Matchwriters.com profile may not include the following items: telephone numbers, street addresses, last names, email addresses, copyrighted material, and any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Matchwriters.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Matchwriters.com assumes no responsibility or liability for this material. If you become aware of misuse of the Matchwriters Services by any person, please contact Matchwriters.
Matchwriters.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Matchwriters Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility:
Use of and Membership in the Matchwriters Services is void where prohibited. By using the Matchwriters Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.
Term:
You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Matchwriters.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
Fees:
You acknowledge that Matchwriters.com reserves the right to charge for certain Matchwriters Services and to change its fees from time to time in its discretion. If Matchwriters.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Password:
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Matchwriters.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Non-commercial Use by Members. The Matchwriters Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Matchwriters.com. Illegal and/or unauthorized use of the Matchwriters Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Matchwriters Website is prohibited. Using your membership for commercial purposes is not allowed.
Proprietary Rights in Content on Matchwriters.com
Matchwriters.com does not claim any ownership rights in the works of authorship, or any other materials (collectively, "Content") that you post to the Matchwriters Services. After posting your Content to the Matchwriters Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Matchwriters Services, you hereby grant to Matchwriters.com a limited license to use, modify, reproduce, and distribute such Content solely on and through the Matchwriters Services. The exception is that posted comments of less than !00 words may be quoted by Adair Lara, in articles, books, or as she sees fit.In those cases your identity will be kept private or you will be credited, according to your preference.
The license you grant to Matchwriters.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Matchwriters.com), fully-paid and royalty-free (meaning that Matchwriters.com is not required to pay you for the use on the Matchwriters Services of the Content that you post), sublicensable (so that Matchwriters.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Matchwriters Services), and worldwide (because the Internet and the Matchwriters Services are global in reach). This license will terminate at the time you remove your Content from the Matchwriters Services. The license does not grant Matchwriters.com the right to sell your Content, nor does the license grant Matchwriters.com the right to distribute your Content outside of the Matchwriters Services, with the exception of the short posted comments referenced above.
You represent and warrant that: (i) you own the Content posted by you on or through the Matchwriters Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Matchwriters Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Matchwriters Services.
The Matchwriters Services contain Content of Matchwriters.com ("Matchwriters.com Content"). Matchwriters.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Matchwriters.com owns and retains all rights in the Matchwriters.com Content and the Matchwriters Services. Matchwriters.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Matchwriters.com Content (excluding any software code) solely for your personal use in connection with viewing the Matchwriters Website and using the Matchwriters Services. The Matchwriters Services contain Content of Users and other Matchwriters.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Matchwriters Services.
Content Posted
Matchwriters.com may delete any Content that in the sole judgment of Matchwriters.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Matchwriters.com assumes no responsibility for monitoring the Matchwriters Services for inappropriate Content or conduct. If at any time Matchwriters.com chooses, in its sole discretion, to monitor the Matchwriters Services, Matchwriters.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Matchwriters Services, and any material or information that you transmit to other Members and for your interactions with other Users. Matchwriters.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Matchwriters.com prior to posting and does not necessarily reflect the opinions or policies of Matchwriters.com. Matchwriters.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Matchwriters Services. Matchwriters.com reserves the right to investigate and take appropriate legal action against anyone who, in Matchwriters.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Matchwriters Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Matchwriters.com:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18
provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the Matchwriters Website and through your use of the Matchwriters Services. Matchwriters.com reserves the right to investigate and take appropriate legal action against anyone who, in Matchwriters.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the Matchwriters Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Matchwriters Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Matchwriters.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Matchwriters.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Matchwriters Services, you acknowledge that you will have caused substantial harm to Matchwriters.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Matchwriters.com $50 for each such unsolicited email or other unsolicited communication you send through the Matchwriters Services;
covering or obscuring the banner advertisements on your personal profile page, or any Matchwriters.com page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Matchwriters Services or the networks or services connected to the Matchwriters Services;
attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile;
using any information obtained from the Matchwriters Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Matchwriters Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or using the Matchwriters Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy
Matchwriters has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. It is Matchwriters's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our users; and (2) remove and discontinue service to repeat offenders.
A Procedure for Reporting Copyright Infringements
If you believe that material or content residing on the Matchwriters website infringes a copyright, please send us a notice of copyright infringement containing the following information: Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we can find and remove it; Your contact information, including address, telephone number and email address; Once we confirm that a copyright has been infringed we will remove it and kick the user off the site.
Privacy and Safety
About Matchwriters.com
Matchwriters.com is an online community that allows writers to meet one another and exchange tips and information, and edit and critique work. Matchwriters.com cares deeply about online privacy. If you have any questions concerning this privacy policy, please email us.
Information Collection and Use by Matchwriters.com
Matchwriters.com collects information such as names, email addresses, and ages to authenticate users and to send email to them. Matchwriters.com also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site and uses it to manage the website, monitor usage, and improve the website. With the exception of inviting friends, adding friends, and notifications, a user's email address is not shared or displayed to people within a user's personal network Users within a personal network send messages on Matchwriters.com to one other through the Matchwriters.com service without disclosing their email addresses. Users' full names are never directly revealed to other members unless the user so chooses. From time to time, Matchwriters.com may sponsor a promotion, sweepstake or contest. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. Matchwriters members can invite friends to join by sending invitations emails via our automated invitation system. Matchwriters.com stores the email addresses that members provide so that the respondents may be added to the friend's list of the member sending the invitations, and also to send reminders of the invitations. Matchwriters.com does not sell these email addresses or use them to send any other communication besides invitations or invitation reminders. Recipients of invitations from Matchwriters.com may contact Matchwriters.com to request the removal of their information from the database.
Matchwriters members may also store email addresses of people they know in their internal Matchwriters address book and may also choose to send invitations and other communications to those addresses.
Matchwriters.com contains links to sites. Matchwriters.com is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on Matchwriters.com.
Please be aware that whenever you voluntarily post public information that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.
Correcting/Updating or Removing Information
Matchwriters.com users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info.
Security
Matchwriters.com member accounts are secured by member-created passwords. Matchwriters.com uses reasonable measures to protect member information that is stored Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time.
Sharing and Disclosure of Information Matchwriters.com
Except as otherwise described in this privacy statement, Matchwriters will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Matchwriters.com, whether or not a response is required by applicable law; (2) to enforce the Matchwriters.com Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and users of the service. Matchwriters reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Matchwriters or substantially all of its assets to that successor in interest. For more information see the "Changes in Our Privacy Policy" section below.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please contact us at (7 Scott Street, San Francisco, California 9417.
Safety
common sense
: Don't post anything you wouldn't want the world to know (e.g., your phone number, address, IM screens name, or specific whereabouts). Avoid posting anything that would make it easy for a stranger to find you. People aren't always who they say they are. When meeting a stranger you met online, do it in a public place. Harassment, hate speech and inappropriate content should be reported. If you feel someone's behavior is inappropriate, report it to Matchwriters. Don't post anything that would embarrass you later.
Disclaimers
: Matchwriters.com is not responsible for any incorrect or inaccurate Content posted on the Matchwriters Website or in connection with the Matchwriters Services, whether caused by Users of the Matchwriters Services or by any of the equipment or programming associated with or utilized in the Matchwriters Services. Profiles created and posted by Members on the Matchwriters Website may contain links to other websites. Matchwriters.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Matchwriters.com. Inclusion of any linked website on the Matchwriters Services does not imply approval or endorsement of the linked website by Matchwriters.com. When you access these third-party sites, you do so at your own risk. Matchwriters.com takes no responsibility for third party advertisements which are posted on this Matchwriters Website or through the Matchwriters Services, nor does it take any responsibility for the goods or services provided by its advertisers. Matchwriters.com is not responsible for the conduct, whether online or offline, of any User of the Matchwriters Services. Matchwriters.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Matchwriters.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Matchwriters Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Matchwriters Services. Under no circumstances shall Matchwriters.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Matchwriters Services, attendance at a Matchwriters.com event, from any Content posted on or through the Matchwriters Services, or from the conduct of any Users of the Matchwriters Services, whether online or offline. The Matchwriters Services are provided "AS-IS" and as available and Matchwriters.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Matchwriters.com cannot guarantee and does not promise any specific results from use of the Matchwriters Services.
Limitation on Liability
: IN NO EVENT SHALL MATCHWRITERS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MATCHWRITERS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MATCHWRITERS.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MATCHWRITERS.COM FOR THE MATCHWRITERS SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls
: Software available in connection with the Matchwriters Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Matchwriters Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Disputes. If there is any dispute about or involving the Matchwriters Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either Matchwriters.com or you may demand that any dispute between Matchwriters.com and you about or involving the Matchwriters Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent Matchwriters.com from seeking injunctive relief in a court of competent jurisdiction.
Indemnity
: You agree to indemnify and hold Matchwriters.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Matchwriters Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Matchwriters Website or through the Matchwriters Services causes Matchwriters.com to be liable to another.
Other
: This Agreement is accepted upon your use of the Matchwriters Website or any of the Matchwriters Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Matchwriters.com regarding the use of the Matchwriters Services. The failure of Matchwriters.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Matchwriters.com is a trademark of Matchwriters, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at:
Contact Matchwriters
with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Search:
Already a member of Matchwriters?
Login
New Users?
Sign Up
Today's Writing Topic
Writing Coaches
Links
Help
Works in Progress
IDLE PENS CONTEST