PLEASE READ THESE TERMS AND CONDITIONS OF SERVICES ("Terms Of Services") CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OFFERED BY THIS “SITE”.
By using this Site or goods and services offered by this Site you signify your assent to and agree with these Terms of Services. If you do not agree to all of these Terms of Services, please do not register or order service from this Site.
I. Nature of this Site
This Site offers writing services for people who need new and original articles or other written materials (“articles”) concerning certain topics requested by the customer (“you”).
II. Registration and Accounts
The registration data or other information you provide us with MUST be accurate, current, and complete. If this turns out not to be the case, this Site has the unconditional right to refuse you further access to this Site or any of its content or services, and to terminate or suspend your access to, or account with, this Site at any time.
III. Ordering articles
Each order you submit to us must not infringe upon rights of third persons, in particular copyrights, moral rights, trademarks and service marks, etc. Also, each order you submit to us must not be pornographic, obscene, slanderous, libelous, or in any way degrading to human nature. If you are in violation, we will have the right to close your account, terminate your membership and deny you further access to our Site.It is the sole responsibility of the customer to ensure that any images, text, animations or any other content they provide to be used in the creation of the article is either free of copyright claims by third parties or its copyright is owned entirely by the customer.
IV. Payment for orders
All orders must be prepaid in full before work commences. The nature of writing services is such that payment is for the work performed, not acceptance or rejection by the customer of the product produced. Orders placed under this agreement are not subject to cancellation and fees are not refundable once you place your order.
V. Rejection by the customer
A rejection by the customer of the article produced is only possible, if the delivered article does not match the criteria of the order. The rejection has to be specified in detail by the customer, so that the author can improve the article accordingly. This Site will check the customer's rejection request. This Site will accept a rejection only if (1) the rejection can be based on the terms of the original order or on circumstances which must have been known to the author, (2) the customer specifically describes why these terms / circumstances have not been met, and (3) the customer had given the author the opportunity to correct or improve the text / article according to section V. 3. In case the rejection request is unjustified, we will charge the customer's account as if the text / article was approved by the customer. This Site has the final word on whether the customer's rejection was (un)justified.
Instead of rejecting a delivered text or article, the customer may ask for improvements of the delivered article. In this case the customer has the obligation to specify in detail where exactly he/she sees a need for improvements, so that the author has the chance to improve the article accordingly. The customer has a right to ask for improvements only if (1) the request for improvements can be based on the terms of the original order, or on circumstances which must have been known to the author, (2) the customer specifically describes why these terms or circumstances have not been met. The customer will give this Site a reasonable amount of time to improve the article accordingly, if the request for improvements is justified. If the customer's request for improvements iss unjustified, we will retain the payment made by the customer. This Site has the final word on whether the customer's request was justified or unjustified.
The customer has 72 hours to reject a delivered text or article or ask for improvements. If the customer does not reject the delivered article or ask for improvements within the 72 hours timeframe, this Site will irrevocably deem the article approved by the customer.
VI. Customer Copyright ownership of articles
After articles are paid for and deemed approved, this Site grants and licenses to the customer the sole and exclusive right to publish, perform, display, reproduce, distribute, create derivative works and sell the delivered and approved article in any type of media, including, but not limited to, print or online media, in whole or in part, via all electronic, online, or any other media, now known and hereafter developed, throughout the world.
Until an article is approved or deemed approved, and entirely paid by the customer, the customer has no rights whatsoever in the article.
VII. Confidentiality
This site will not claim authorship of articles ordered and deemed approved and owned by the customer. This site may use or publish the article as an example of its writing services, but only with the approval of the article owner and the inclusion of the article owner’s Copyright notice, if requested by the owner.
VIII. No luring away of authors
The customer has no right to directly contact the Site’s authors other than through this Site. The customer explicitly acknowledges that the relationships with it’s authors is a valuable Site asset, and that the Site would be harmed by any interference with that relationship. Every violation of this principle will be deemed a violation of these Terms of Services by the customer and the Site’s legal rights will be enforced against the customer accordingly.
IX. Links and third-party advertising
This Site contains or may contain links to other websites, including third-party advertising. This Site is not responsible or liable for such other websites or for their Terms of Services. We do not screen or endorse such other websites. This Site expressly disclaims any liability, directly or indirectly, for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through this Site.
X. Copyright and Trademark Protection
Copyright Protection
All works and content included, contained or offered on this Site, in particular all literary works, pictorial and graphical works, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format are the property of the owners of this Site or their content suppliers and are protected by national and international copyright laws.
Trademark Protection
All logos and other trademarks and service marks which you may find on this Site may be trademark protected by national and international trademark and service mark laws. These trademarks and service marks may not be used publicly except with express written permission from the owner of these trademarks and service marks. You are not allowed to do anything which may cause confusion among consumers with respect to the aforementioned trademarks and service marks.
XI. Disclaimer of Warranty
THE SERVICE OF THIS SITE AND ALL MATERIALS CONTAINED HEREIN AND PRODUCT PRODUCED ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS, TITLE, OR NON-INFRINGEMENT OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. YOU EXPRESSLY AGREE THAT USE OF THIS SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS SITE OR THE EMPLOYEES OR AFFILIATES OF THIS SITE SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF THE OWNERS OF THIS SITE. THIS SITE IS NOT RESPONSIBLE TO YOU FOR ANY TRANSMISSION PROBLEMS OF DOWNLOADED OR OTHERWISE USED CONTENT OF THIS SITE OR ANY FORM OF WEBSITE DOWNTIME. THIS SITE DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN OR ON THIS SITE WILL BE CORRECTED. THIS SITE IS NOT RESPONSIBLE FOR ANY INABILITY FOR YOU TO ACCESS THIS SITE OR YOUR ARTICLE PRODUCT FOR ANY REASON.
XII. Limitation of Liability
IN NO EVENT WILL THIS SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR
- ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL, DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS Site, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR OFFERED ON THIS Site OR DOWNLOADED FROM THIS SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THIS SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR ON THIS SITE, THE MATERIALS, ARTICLES OR INFORMATION DOWNLOADED, PROVIDED, OR OFFERED THROUGH THIS SITE.
IN THE EVENT A LEGAL AUTHORITY DOES DEEM THE SITE RESPONSIBLE IN ANY WAY, IN NO EVENT SHALL THIS SITE’S MAXIMUM TOTAL AGGREGRATE LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES OF THIS SITE.
THIS SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND THE ASSIGNS OF SAME, ARE IN NO WAY RESPONSIBLE FOR THIRD-PARTY SERVICES OFFERED ON OR USED BY THIS SITE. THE RESPECTIVE THIRD PARTY, FOR EXAMPLE, PAYMENT SYSTEMS, IS SOLELY RESPONSIBLE FOR ITS OWN SERVICES. WE DO NOT WARRANT OR REPRESENT ANY OF ITS SERVICES IN ANY WAY OR FORM.
XIII. Indemnity
You agree to defend, indemnify, and hold harmless this Site, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, liabilities, and other costs, including, without limitation, reasonable legal, attorneys' and accounting fees, reasonably incurred in the defense of any claim or suit arising out of or otherwise related to these Terms Of Services, including, without limitation, any breach by you of these Terms Of Services. This Site will promptly notify you by e-mail of any such claim or suit, and cooperate fully, at your expense, in the defense of such claim or suit. This Site may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so.
XIV. Force Majeure
This Site is and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond this Site's reasonable control, including but not limited to:
- acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters;
- war, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- fiber cuts;
- strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
- failure of the telecommunications or information services infrastructure; and
- hacking, SPAM, or any failure of a computer, server or software.
XV. No Agency Relationship
Nothing in these Terms Of Services shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind between the customer and the owner of this Site. The rights and obligations of the parties shall be limited to those expressly set forth herein.
XVI. Notice
Any notice required to be given under these Terms of Services may be provided by e-mail to a functioning e-mail address of the party to be noticed, by a general posting on this Site, or personal delivery by commercial carrier such as FedEx or USPS. Notices by you to us shall be given by e-mail or other electronic messages unless otherwise specified in these Terms of Services. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, fax machine, e-mail server, or overnight delivery service.
XVII. No Assignment
Neither these Terms Of Services nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
XVIII. Severability
If any provision of these Terms of Services shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms of Services will continue in full force and effect.
XIX. No Waiver
Failure by either party to enforce any provision of these Terms Of Services will not be deemed a waiver of future enforcement of that or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.
XX. Governing Law
Regardless of your place of residence, you agree that for purposes of venue, this agreement was entered into in Bucks County, Pennsylvania. Any dispute will be litigated or arbitrated in Linn County, Iowa, and you consent to the personal jurisdiction of the Iowa State Courts.
XXI. Headings
Section and subsection headings of these Terms Of Services are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
XXII. Entire Agreement
These Terms of Services constitute the entire agreement between this Site and you with respect to your access and use of this Site and the content contained therein, and your membership with this Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms of Services shall be binding unless in writing and signed by both parties. You acknowledge, represent and warrant that you have read these Terms of Services and agree to be bound by them as part of and in consideration of using this Site.
XXIII. Privacy Policy
This Site's Privacy Policy is available by clicking on the link 'Privacy Policy'. Please read the Privacy Policy Section carefully before using this Site.
Service Provider
Article-Writing-Services.com
Contact Information:
info@Article-Writing-Services.com
