20th june, 2020.
Welcome to writtists!
These terms and conditions outline the rules and regulations for the use of writtists’s Website, located at writtists.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use writtists if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, writtists and/or its writers own the intellectual property rights for all material on writtists. All intellectual property rights are reserved. You may access this from writtists for your own personal use subjected to restrictions set in these terms and conditions.
Licence to use an ebook
Subject to your payment of the applicable price and compliance with the restrictions below and the other terms of this disclaimer, we grant to you an exclusive and non-transferable licence to:
(a) download a copy of the ebook;
(b) store and view an allowed number of copies as indicated by the vendor for your own personal, domestic and non-commercial use;
You must not in any circumstances:
(a) publish, republish, sell, license, sub-license, rent, transfer, broadcast, distribute or redistribute the ebook or any part of the ebook;
(b) edit, modify, adapt or alter the ebook or any part of the ebook;
(c) use the ebook or any part of the ebook in any way that is unlawful or in breach of any person’s legal rights under any applicable law[, or in any way that is offensive, indecent, discriminatory or otherwise objectionable];
(d) use the ebook or any part of the ebook for a commercial purpose.
You must retain, and must not delete, obscure or remove, all copyright notices and other proprietary notices in the ebook.
The rights granted to you by this disclaimer are personal to you, and you must not permit any third party to exercise these rights.
If you breach this disclaimer, then the licence set out above will be automatically terminated upon such breach (whether or not we notify you of termination).
Upon the termination of the licence, you will promptly and irrevocably delete from your computer systems and other electronic devices any copies of the ebook in your possession or control, and will permanently destroy any paper or other copies of the ebook in your possession or control.
Digital rights management
You acknowledge that this ebook is protected by digital rights management technology, and that we may use this technology to enforce the terms of this disclaimer.
If you have bought or received a copy of this ebook from any source other than us or other legitimate sources, then that copy is a pirate copy. If this has happened to you, please let us know by email to email@example.com.
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. writtists does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of writtists, its authors and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, writtists shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
writtists reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant writtists a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of writtists; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to writtists. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of writtists’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links/content from our website
If you find any link/content on our Website that is offensive for any reason, illegal or inappropriate, you are free to contact and inform us at any moment at firstname.lastname@example.org. We will consider requests to remove links/items but we are not obligated to do so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Liability and indemnity – between us (Writtists) and you (buyers)
- We provide the Writtist platform and its services, not the items on the website.
- You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of Writtist and any content you post to this site (including, if you are an author, your items).
If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- the items on Writtists;
- information provided by authors about their items (including on any item page); and
- your use of items from Writtists.com.
Our liability to you in connection with Envato Market or these terms, in contract, tort (including negligence) or otherwise. We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so, you agree to cooperate with us.
Liability and indemnity – between authors and buyers
51. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:
- if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
- if that buyer promptly notifies the author of the claim and gives the author the option to control the defense of the claim (at the author’s cost), then the author will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the author regarding that claim.
The liability of each author to their buyers is otherwise limited, for each item purchased, to the author’s earnings from the payment for that item, except to the extent that the author’s liability arises from wilful misrepresentations made about the item. This means that the author’s liability to buyers is limited.
Availability: We strive to have the Writtists platform available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Writtists, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Writtists works. We will not be liable to you for any loss you suffer as a result of these things.
Blocking a user, disabling an account or refusing to process a payment. We may block you, terminate any of accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our Authors. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice and against all of your accounts you use. If required by law we may forfeit existing deposits or earnings.
For further information or clarification, kindly send us an email at email@example.com