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Terms And Conditions
GENERAL TERMS AND CONDITIONS
1. ACCEPTANCE By using the Products and Services, you are
agree, without limitation or qualification, to be bound by, and to comply with,
these Terms and Conditions and any other posted guidelines or rules applicable
to any individual Writer’s Block Corner web site, Product or Service. All such
guidelines and rules are hereby incorporated by reference into the Terms and
Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE Use of the Products
and Services is subject to compliance with these Terms and Conditions. You
acknowledge and agree that Writer’s Block Corner may terminate your usage of the
Writer’s Block Corner website or to any of the Products and Services should you
fail to comply with the Terms and Conditions or any other guidelines and rules
published by Writer’s Block Corner. Any such termination shall be in Writer’s
Block Corner’s sole discretion and may occur without prior notice, or any
notice. Writer’s Block Corner further reserves the right to terminate any user's
access to the Writer’s Block Corner website or to any of the Products and
Services for any conduct that Writer’s Block Corner, in its sole discretion,
believes is or may be directly or indirectly harmful to other users, to Writer’s
Block Corner or its subsidiaries, affiliates, or business contractors, or to
other third parties, or for any conduct that violates any local, state, federal,
or foreign laws or regulations. Writer’s Block Corner further reserves the right
to terminate any user's access to the Writer’s Block Corner website or to any of
the Products and Services for any reason or for no reason at all, in Writer’s
Block Corner’s sole discretion, without prior notice, or any notice.
Be aware that the majority of the Writer’s Block Corner website is for
general audiences, although there are certain areas on the Writer’s Block Corner
website that contain adult or mature content and different areas where content
is specifically created for children under 13 years of age. Where there is
mature or adult content, individuals who are less than 18 years of age or are
not permitted to access such content under the laws of any applicable
jurisdiction may not access such content. There are also other (mainly
commerce-related) areas of the Writer’s Block Corner website not open to persons
under 18 years of age. With respect to general audience content, if Writer’s
Block Corner learns that anyone under the age of 13 has accessed the Products
and Services, Writer’s Block Corner will require verified parental consent, in
accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").
Certain areas of the Writer’s Block Corner website, however, may not be
available to children under 13 under any circumstances.
Writer’s Block Corner does not discriminate on the basis of age, gender,
race, ethnicity, nationality, religion, sexual orientation, or any other
protected status.
3. REGISTRATION AND PRIVACY Certain of the Products and
Services will require the user to register and provide certain data. In
consideration of use of such Products and Services, in registering and providing
such data, you represent and warrant that: (a) the information about yourself is
true, accurate, current, and complete (apart from optional items) as required by
various Writer’s Block website registration forms ("Registration Data") and (b)
you will maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Writer’s Block Corner has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Writer’s Block Corner has the right to suspend or terminate your
account and refuse any and all current or future use of the Products and
Services.
All Writer’s Block Corner website registrations become the exclusive property
of Writer’s Block Corner, its affiliates and subsidiaries. Writer’s Block Corner
reserves the right to use and reuse all registration and other personally
identifiable user information subject to the Writer’s Block Corner website
Privacy Policy.
You acknowledge receipt of Writer’s Block Corner’s website privacy policy,
including our Notice Regarding the Privacy of Children Under 13 While on the
Writer’s Block website.
4. RESPONSIBILITY FOR MINORS In cases where you have
authorized a minor to use the Products and Services, you recognize that you are
fully responsible for: (i) the online conduct of such minor; (ii) controlling
the minor's access to and use of the Products and Services; and (iii) the
consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE
LYCOS NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. MEMBER AND USER CONDUCT You acknowledge and agree that
all information, code, data, text, software, music, sound, photographs,
pictures, graphics, video, messages, files, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that you, and not the
Writer’s Block Corner website, are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Services. The Writer’s Block
Corner website does not control the user or third party Content posted via the
Products and Services, and, as such, does not guarantee the accuracy, integrity
or quality of such user or third party Content. You acknowledge and Agree that
by using the Products and Services, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will the Writer’s
Block Corner website be liable in any way for any user or third party Content,
including, but not limited to, for any errors or omissions in any such Content,
or for any loss or damage of any kind incurred as a result of the use of any
such Content posted, emailed or otherwise transmitted via the Products and
Services. As a general matter, Writer’s Block Corner does not pre-screen user or
third party Content posted on the Writer’s Block Corner website, except for
certain areas where Writer’s Block Corner employs certain automated screening
software, although Writer’s Block Corner reserves the right to do so. Writer’s
Block Corner does not guarantee that any screening will be done to your
satisfaction or that any screening will be done at all. Writer’s Block Corner
reserves the right to monitor some, all, or no areas of the Products and
Services for adherence to these Terms and Conditions or any other rules or
guidelines posted by Writer’s Block Corner.
The Products and Services may only be used for the intended purpose for which
such Products and Services are being made available. The intended purpose of
site building software on the Writer’s Block Corner website is to maintain,
publish and produce web sites on behalf of Writer’s Block Corner that are
consistent with these terms and conditions.
Prohibited Conduct
You agree that you will not use the Writer’s Block Corner’s Products
and Services to:
a. Upload, post, email, otherwise transmit, or
post links to any Content, or select any member or user name or email address,
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or
publicity rights, hateful, or racially, sexually, ethnically or otherwise
objectionable. b. Upload, post, email, otherwise transmit, or post links to
any Content that promotes illegal activity, including without limitation the
provision of instructions for illegal activity. c. Upload, post, email,
otherwise transmit, or post links to any Content that exploits the images of
children under 18 years of age, or that discloses personally identifying
information belonging to children under 18 years of age. d. Harm minors in
any other way. e. Make any sexual request on behalf of a minor or make any
sexual request of a minor. f. "Stalk" or otherwise harass another. g.
Collect or store personally identifying information about other users for
commercial or unlawful purposes. h. Impersonate any person or entity,
including, but not limited to, a Writer’s Block Corner website official,
employee, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity. i. Employ misleading
email addresses or falsify information in the header, footer, return path, or
any part of any communication, including emails, transmitted through the
Products and Services. j. Upload, post, email, otherwise transmit, or post
links to any Content that you do not have a right to transmit under any law or
regulation or under contractual or fiduciary relationships (such as inside
information, or proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements). k.
Upload, post, email, or otherwise transmit, or post links to any Content that
facilitates hacking. l. Upload, post, email, otherwise transmit, or post
links to any Content that infringes any patent, trademark, service mark, trade
secret, copyright or other proprietary rights ("Rights") of any party, or
contributing to inducing or facilitating such infringement. This prohibition
shall include, without limitation, the following forms of software piracy:
i. Making available copyrighted software or other Content that has had the
copyright protection removed. ii. Making available serial numbers for
software that can be used to illegally validate or register software. iii.
Making available tools that can be used for no purpose other than for "cracking"
software or other copyrighted Content. iv. Making available any software
files for which the user does not own the copyright or have the legal right to
make available. m. Upload, post, email, otherwise transmit, or post links to
any unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose. n. Upload, post,
email, otherwise transmit, or post links to any material that contains software
viruses, worms, trojan horses, time bombs, trap doors or any other computer
code, files or programs or repetitive requests for information designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or to diminish the quality of,
interfere with the performance of, or impair the functionality of the Products
and Services or the Writer’s Block Corner website. o. Use automated means,
including spiders, robots, crawlers, or the like to download data from any
Writer’s Block Corner database. p. Conduct your own contests and promotions.
q. Upload, post, email, otherwise transmit, or post links to any Content
regarding any raffle, contest or game requiring a fee by participants. r.
Modify, publish, transmit, transfer or sell, reproduce, create derivative works
from, distribute, perform, link, display or in any way exploit any Content from
any Writer’s Block Corner database, including, without limitation, by
incorporating data from any Writer’s Block Corner database into any e-mail or
"white pages" products or serviced, whether browser-based, based on proprietary
client-site applications, web-based, or otherwise. s. Sell, distribute, or
make any commercial use of data obtained from any Writer’s Block Corner database
or make any other use of data from any Writer’s Block database in a manner which
could be expected to offend the person for whom the data is relevant. t.
Create and maintain a Writer’s Block Corner web page (including clubs or an
Angelfire or Tripod home page) that (i) redirects to another web page or (ii)
stores or hosts content for remote loading by other web pages. For example, you
cannot create a Writer’s Block Corner Club, post pictures to a Writer’s Block
Corner Club, and have other web pages call the Writer’s Block Corner Club or any
other connection of misuse without the Writer’s Block Corner proprietor’s
knowledge to a page to retrieve those pictures. u. Create and maintain a
Writer’s Block Corner web page that contains hyperlinks to content not permitted
on the Writer’s Block Corner website. v. Interfere with or disrupt the
Products and Services or servers or networks connected to the Products and
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Products and Services, including without limitation
Writer’s Block Corner’s hosts. w. Intentionally or unintentionally violate
any applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law. x. Use the Products
or Services to sell, purchase, or offer to sell or purchase any registered or
unregistered securities. y. Upload, post, email, otherwise transmit, or post
links to any material that is false, misleading, or designed to manipulate any
equity, security, or other market. z. Disobey any Writer’s Block Corner’s
rules or other Lycos employee or representative or interfere with any action by
any Writer’s Block Corner’s rule or other Writer’s Block Corner employee or
representative to redress any violation of these Terms and Conditions. aa.
Access the Products and Services after your account or access has been
terminated by Writer’s Block Corner. bb. Fail to complete any transaction
after submitting an order to purchase any goods or services from individual
Merchants in Writer’s Block Corner’s Book Shop or other services subject to the
individual Merchant's or seller's terms and conditions governing such
transactions. cc. Submit any order to purchase goods or services from
individual Merchants in Writer’s Block Corner’s Book Shop or other services from
any seller on the Writer’s Block Corner’s website pages where you do not intend
to complete the transaction. dd. Purchase any goods or services that you are
prohibited from purchasing or possessing by any law applicable to you in your
jurisdiction. The responsibility for ensuring compliance with all such laws
shall be the user's alone. By submitting an order to purchase goods or services,
you represent and warrant that you have the legal right to purchase such goods
or services. ee. Use any software deployed in connection with the Products
and Services to process data as a service to other entities without the express
written consent of Writer’s Block Corner or the party from whom such software
may be licensed. ff. Decompile, disassemble, modify, translate, adapt,
reverse engineer, create derivative works from, or sublicense any software
deployed in connection with the Products and Services. gg. Advertise, offer
for sale, or sell any item you are prohibited from advertising or selling by any
applicable local, state, national, or international law, including regulations
having the force of law. hh. Upload, post, email, otherwise transmit, or
post links to any material, or act in any manner, that is offensive to the
Writer’s Block Corner website or the spirit of these Terms and Conditions.
ii. Advertise, offer for sale, or sell any of the following items: • Any
firearms, explosives, or weapons. • Any food that is not packaged or does
not comply with all laws governing the sale of food to consumers by commercial
merchants. • Any alcoholic beverages. • Any tobacco products for human
consumption, including, without limitation, cigarettes and cigars. • Any
items that are indecent or obscene, that are hateful or racially, sexually,
ethnically or otherwise objectionable, that contain child pornography, that are
otherwise pornographic in nature, or are harmful to minors. • Any controlled
substances or pharmaceuticals. • Any items that are counterfeit or stolen.
• Any dangerous items. • Any goods or services that do not, in fact,
exist. • Any registered or unregistered securities. • Any items that
violate or infringe the rights of other parties. • Any items that you do not
have the legal right to sell. • Any items where paying Writer’s Block Corner
any of the required transactional or listing fees would cause Writer’s Block
Corner to violate any law.
You acknowledge and agree that the Writer’s Block Corner website and its
designees shall have the right (but not the obligation), in their sole
discretion, to refuse to publish, remove, or block access to any Content that is
available via the Products and Services at any time, for any reason, or for no
reason at all, with or without notice. Without limitation Writer’s Block Corner
and its designees shall have the right (but not the obligation), in their sole
discretion, to refuse to publish, remove, or block access to any Content that
violates the Terms and Conditions or is otherwise objectionable as determined by
Writer’s Block Corner, in its sole discretion. Writer’s Block Corner may also
terminate access to, or membership in, the Writer’s Block Corner website, or any
portion thereof, for violating these Terms and Conditions. You acknowledge and
agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by or obtained through the use of the Writer’s Block Corner
website, including without limitation information in Chat, Message Boards,
Clubs, and in all other parts of the Writer’s Block Corner’s Products and
Services.
You expressly acknowledge and agree that the Writer’s Block Corner website
may preserve Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms and
Conditions; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of
Writer’s Block Corner, its users and the public. You acknowledge and agree that
the technical processing and transmission of the Products and Services,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices. You further acknowledge and agree that other data collected
and maintained by Writer’s Block Corner with regard to its users may be
disclosed in accordance with Writer’s Block Corner’s Privacy Policy.
Writer’s Block Corner also may suspend or terminate any user account for any
Product or Service because of user inactivity. What is considered "user
inactivity" varies depending on the Product or Service. If one of your accounts
is suspended or terminated for inactivity, your right to use such Product or
Service immediately ceases.
6. LICENSE TO USER CONTENT With respect to any Content
posted by or in connection with the Products and Services, you grant Writer’s
Block Corner a world-wide, royalty free, perpetual, license to use, copy,
transmit, publicly display, publicly perform, create compilations including,
create derivative works of, and distribute such Content to publish and promote
such Content in connection with the particular Products and Services and to
publish and promote such Content elsewhere within the Writer’s Block Corner
website. Such license shall apply with respect to any form, media, or technology
now known or later developed.
7. DOWNLOADING PLEASE BE ADVISED THAT THE UNAUTHORIZED
REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF
DERIVATIVE WORKS FROM SUCH WORKS IS STRICTLY PROHIBITED
8. DISCLAIMER OF WARRANTIES THE PRODUCTS AND
SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WRITER’S BLOCK CORNER DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE
PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WRITER’S BLOCK
CORNER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS
AND SERVICES. WRITER’S BLOCK CORNER SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH
THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WRITER’S BLOCK CORENR
DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF
INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. WRITER’S BLOCK CORNER
DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR
UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WRITER’S BLOCK CORNER
DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM
DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND
SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. WRITER’S BLOCK CORNER MAKES NO WARRANTY
REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE
FACILITIES OFFERED BY WRITER’S BLOCK CORNER.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH
MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, the foregoing disclaimers may not apply to you insofar as
they relate to implied warranties.
9. LIMITATION OF LIABILITY YOU EXPRESSLY
UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WRITER’S BLOCK CORNER OR
ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF
AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL
APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF WRITER’S BLOCKC CORNER OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION
OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND
RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND
SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS
AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS
AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND
SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION,
TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR
LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE
THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WRITER’S BLOCK
CORNER WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY
LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR
ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE WRITER’S
BLOCK CORNER WEBSITE.
UNDER NO CIRCUMSTANCES SHALL WRITER’S BLOCK CORNER OR ITS LICENSORS
BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER
FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD,
WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR
AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, the foregoing limitation may not apply to you.
10. SUBMISSIONS All information you submit in registering
must be true, accurate, current, and complete (apart from optional items). •
Do not rely on any information relating to investments or professional advice
without first reading the Investment Information Disclaimer and Professional
Information Disclaimer below. Remember that people on the Internet are not
always who they say they are and do not always publish truthful statements.
Writer’s Block Corner cannot and does not ensure the accuracy of such
statements. • Do not upload, post, email, otherwise transmit, or post links
to any Content, or select any member or user name or email address, that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, pornographic, libelous, invasive of privacy or publicity
rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
• Do not stalk or otherwise harass other users. • Do not upload, post,
email, otherwise transmit, or post links to any Content that promotes illegal
activity, including without limitation the provision of instructions for illegal
activity. • Do not upload, post, email, otherwise transmit, or post links to
any Content that exploits the images of children under 18 years of age, or that
discloses personally identifying information belonging to children under 18
years of age. • Do not impersonate any person or entity, including, but not
limited to, a Lycos Network official, employee, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person or
entity. • Do not upload, post, email, otherwise transmit, or post links to
any unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose • Do not disobey
any Writer’s Block Corner staff, moderators, or other Writer’s Block Corner
employee or representative or interfere with any action by any or other Writer’s
Block Corner employee or representative to redress any violation of these Terms
and Conditions. • Do not submit, post, email, or otherwise transmit, or post
links to any Content that facilitates hacking. • Do not interfere with or
disrupt the Products and Services or servers or networks connected to the
Products and Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Products and Services, including
without limitation Writer’s Block Corner’s website.
11. WRITER’S BLOCK CORNER SHOPPING Writer’s Block Corner
Shopping is made available only to those users who are of the legal age of
consent in their jurisdiction. You may not use Writer’s Block Corner Shopping if
you have not reached that age or, in any event, if you are less than eighteen
(18) years old. You may only use Writer’s Block Corner Shopping if you are a
United States resident and may only use Writer’s Block Corner Shopping from
locations within the United States for transactions to be completed within the
United States. Or rules associated with a country’s rules of purchasing. By
accepting these Terms and Conditions, you represent and warrant that you are a
United States resident and are using Writer’s Block Corner Shopping at a
location within the United States for a transaction to be completed within the
United States or by those laws governed by your country of residence.
Users are obligated to submit information that is true, accurate, current,
and complete. By accepting these Terms and Conditions, you represent and warrant
that all such information submitted by you is true, accurate, current, and
complete. Users are also required to maintain and update all such information in
order to ensure that it remains true, accurate, current, and complete. Each time
you update such information, you represent and warrant that such information is
true, accurate, current, and complete.
By submitting an order to purchase any goods or services from individual
Merchants, users are obligated to complete such transactions, subject to the
individual Merchant's terms and conditions governing such transactions. Users
are prohibited from submitting orders to purchase goods or services where they
do not intend to complete such transactions.
Users may not purchase goods or services that they are prohibited from
purchasing or possessing by any law applicable to them in their jurisdictions.
The responsibility for ensuring compliance with all applicable laws shall be the
user's alone. By submitting an order to purchase goods or services, you
represent and warrant that you have the legal right to purchase and possess such
goods or services.
Writer’s Block Corner has no partnership, joint venture, employer-employee,
or franchisor-franchisee relationship with any Merchant accessible through
Writer’s Block Corner Shopping or with any user of Writer’s Block Corner
Shopping. Writer’s Block Corner cannot confirm that any particular Merchant is
who that Merchant claims to be. Nor can Writer’s Block Corner confirm the truth
or accuracy of any statements made by Merchants or control whether Merchants who
post statements through Writer’s Block Corner Shopping will act in accordance
with those statements. Writer’s Block Corner will not get involved in any
dispute between users of the Service and Merchants accessible through Writer’s
Block Corner Shopping.
LIKE OTHER AREAS OF THE WRITER’S BLOCK CORNER WEBSITE PRODUCTS AND SERVICES,
YOUR USE OF WRITER’S BLOCK CORNER SHOPPING IS SUBJECT TO THE CAPITALIZED
LANGUAGE SET FORTH ABOVE REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF
LIABILITY. PLEASE RE-READ THOSE PROVISIONS CAREFULLY.
As with all other aspects of the Products and Services, by using Writer’s
Block Corner Shopping, you hereby agree that you shall be responsible for all
tax obligations and costs that arise from or relate to your use of Writer’s
Block Corner Shopping, including, without limitation, tax obligations and costs
for any transactions that arise from or relate to your use of Writer’s Block
Corner Shopping.
12. WRITER’S BLOCK CORNER IMAGE GALLERY LIMITED LICENSE:
Use of the Writer’s Block Corner Image Gallery indicates your acceptance of the
following terms and conditions and the Writer’s Block Corner Terms and
Conditions. The images made available through the Writer’s Block Corner Image
Gallery are copyrighted images which may also be subject to certain other legal
rights. You may only utilize each image for personal, home use or for any of the
following purposes: criticism, comment, news reporting, teaching (includes
multiple copies for classroom use), scholarship or research. You may not create
derivative works from an image, display or distribute copies of it, publish it,
use it in a performance, or modify it in any manner except size. You may not
distribute or sublicense the images nor use the images in any commercial,
advertising, marketing or professional manner whatsoever. Neither Writer’s Block
Corner nor our photo providers will be responsible or liable to you for any
direct, incidental, consequential, indirect, or punitive damages that result
from your access to or use or misuse of the images displayed on the Writer’s
Block Image Gallery.
13. TAX GUIDES DISCLAIMER The Writer’s Block Corner
website does not give tax or investment advice and Writer’s Block Corner in no
way endorses any of the information on the Tax Guides. WRITER’S BLOCK CORNER
STRONGLY SUGGESTS THAT YOU CONTACT YOUR OWN TAX ADVISOR IF YOU HAVE ANY
QUESTIONS ABOUT THE TAX LAWS OR REGULATIONS, OR ABOUT YOUR PARTICULAR TAX
LIABILITY.
14. PROFESSIONAL INFORMATION DISCLAIMER The Writer’s
Block Corner may make available certain information provided by third parties
related to various professional fields such as medicine, law, and accounting.
The Writer’s Block Corner website does not give advice in any such fields and in
no way endorses any of the information provided in this manner. IF YOU INTEND TO
USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET
FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those
provisions will have special importance for you. All information made available
through the Writer’s Block Corner website is made available subject to Writer’s
Block Corner website Terms and Conditions, including the Disclaimer of
Warranties and Limitation of Liability set forth above.
THE WRITER’S BLOCK CORNER WEBSITE STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM
A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
15. ADVERTISERS AND CONTENT LINKED TO THE LYCOS NETWORK
Writer’s Block Corner may provide, or third parties may provide, links to
other sites or resources located on the World Wide Web by allowing a user to
leave the Writer’s Block Corner website to access third-party material or by
bringing the third party material into this site via "inverse" hyperlinks and
framing technology. Writer’s Block Corner has no control over such sites and
resources. You acknowledge and agree that Writer’s Block Corner is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that Writer’s Block Corner shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Writer’s Block Corner website Products
and Services, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that Writer’s
Block Corner shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Product and Services.
Writer’s Block Corner encourages you to exercise discretion while using the
Products and Services to browse the Internet. Writer’s Block Corner may
otherwise link you to sites containing information that some people may find
inappropriate or offensive. Writer’s Block Corner makes no representations
concerning any effort to review the content of any of the sites, or of any of
the sites otherwise linked to the Writer’s Block Corner web sites. Writer’s
Block Corner shall not be held responsible for the accuracy, copyright or
trademark compliance, legality, or decency of material contained in sites, or
otherwise linked to the Writer’s Block Corner web sites or provided to the
Writer’s Block Corner website by third parties.
16. NO LICENSE; INTELLECTUAL PROPERTY OF Writer's Block Corner AND
OTHERS Except as expressly provided, nothing within any of the
Products and Services shall be construed as conferring any license under any of
the Writer’s Block Corner web sites or any third party's intellectual property
rights, whether by estoppel, implication, waiver, or otherwise. Without limiting
the generality of the foregoing, you acknowledge and agree that certain Content
available through and used to operate the Writer’s Block Corner website and the
Products and Services is protected by copyright, trademark, patent, or other
proprietary rights of Writer’s Block Corner and its affiliates, licensors, and
service providers. Except as expressly provided to the contrary, you agree not
to modify, alter, or deface any of the trademarks, service marks, or other
intellectual property made available by Writer’s Block Corner in connection with
the Products and Services. You agree not to hold yourself out as in any way
sponsored by, affiliated with, or endorsed by Writer’s Block Corner, or any of
Writer’s Block Corner’s service providers. You agree not to use any of the
trademarks or service marks or other Content form the Writer’s Block Corner
website of any purpose other than the purpose for which such Content is made
available to users by Writer’s Block Corner. You agree not to defame or
disparage Writer’s Block Corner, the trademarks or service marks of Lycos, or
any aspect of the Products and Services. You agree not to adapt, translate,
modify, decompile, disassemble, or reverse engineer the Products and Services or
any software or programs used in connection with the Products and Services or
the Writer’s Block Corner website.
17. INDEMNITY AND RELEASE By using the Writer’s Block
Corner web sites you agree to indemnify Writer’s Block Corner. and its parents,
subsidiaries, affiliates, officers, employees, and licensors and hold them
harmless from any and all claims and expenses, including attorney's fees,
arising from your use of the Writer’s Block Corner web sites, your use of the
Products and Services, or your submission of ideas and/or related materials to
Writer’s Block Corner or from any person's use of any account you maintain with
any portion of the Writer’s Block Corner website, regardless of whether such use
is authorized by you. By using the Writer’s Block Corner website, using the
Products and Services, or submitting any ideas and/or related materials to
Writer’s Block Corner, you are hereby agreeing to release Writer’s Block Corner
and its parents, subsidiaries, affiliates, officers, employees, and licensors
from any and all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature whatsoever, whether
known or unknown, suspected or unsuspected, disclosed or undisclosed, that you
may have against them arising out of or in any way related to such disputes
and/or to the Products and Services or to any disputes regarding use of ideas
and/or related materials submitted to Writer’s Block Corner. YOU HEREBY
AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR
EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE
SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
18. LIMITATION OF ACTIONS You acknowledge and agree that,
regardless of any statute or law to the contrary, any claim or cause of action
you may have arising out of, or relating to, your use of the Writer’s Block
Corner website or the Products and Services must be filed within one (1) year
after such claim or cause of action arises, or forever be barred.
19. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS It is the
policy of Writer’s Block Corner to respond expeditiously to claims of
intellectual property infringement. Writer’s Block Corner will promptly process
and investigate notices of alleged infringement and will take appropriate
actions under the Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws. Upon receipt of notices complying or substantially
complying with the DMCA, Writer’s Block Corner will act expeditiously to remove
or disable access to any material claimed to be infringing or claimed to be the
subject of infringing activity and will act expeditiously to remove or disable
access to any reference or link to material or activity that is claimed to be
infringing. Writer’s Block Corner will terminate access subscribers and account
holders who are repeat infringers. When Writer’s Block Corner removes or
disables access to any material claimed to be infringing, Writer’s Block Corner
may attempt to contact the user who has posted such material in order to give
that user an opportunity to respond to the notification, although Writer’s Block
Corner makes no promise to do so. Any and all counter notifications submitted by
the user will be furnished to the complaining party. Writer’s Block Corner will
give the complaining party an opportunity to seek judicial relief in accordance
with the DMCA before Writer’s Block Corner replaces or restores access to any
material as a result of any counter notification.
20. ARBITRATION, GOVERNING LAW AND FORUM FOR
DISPUTES Unless expressly stated to the contrary elsewhere within
the Products and Services, all legal issues arising from or related to the use
of the Products and Services shall be construed in accordance with, and all
questions with respect thereto shall be determined by, the laws of the
Commonwealth of Massachusetts applicable to contracts entered into and wholly to
be performed within said state. Any controversy or claim arising out of or
relating to these Terms and Conditions or any user's use of the Products and
Services shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Boston, Massachusetts, and judgment
on the arbitration award may be entered into in any state or federal court in
Massachusetts having jurisdiction thereof. Any party seeking temporary or
preliminary injunctive relief may do so in any state or federal court in
Massachusetts having jurisdiction thereof. Except as set forth above, the state
and federal courts of Massachusetts shall be the exclusive forum and venue to
resolve disputes arising out of or relating to these Terms and Conditions or any
user's use of the Products and Services. By using the Products and Services and
thereby agreeing to these Terms and Conditions, users consent to personal
jurisdiction and venue in the state and federal courts in Massachusetts with
respect to all such disputes.
21. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND
SERVICES The Writer’s Block Corner website reserves the right to
modify the Products and Services from time to time, for any reason, and without
notice, including the right to terminate the Products and Services. The Writer’s
Block Corner website reserves the right to modify these Terms and Conditions
from time to time, without notice. Please review these Terms and Conditions from
time to time so you will be apprised of any changes.
22. NON-WAIVER AND SEPARABILITY Writer’s Block Corner
failure to exercise any right or provision of these Terms and Conditions shall
not constitute a waiver of such right or provision. If a court of competent
jurisdiction holds any provision of these Terms and Conditions to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and agree that the other
provisions of these Terms and Conditions remain in full force and effect.
22. RELATIONSHIP OF PARTIES You acknowledge and agree
that you and Writer’s Block Corner are independent contractors under these Terms
and Conditions, and nothing herein shall be construed to create a partnership,
joint venture, agency, or employment relationship. Neither party pursuant to
these Terms and Conditions has authority to enter into agreements of any kind on
behalf of the other and neither party shall be considered the agent of the
other.
24. NO RESALE, ASSIGNMENT, OR SUBLICENSING You agree not
to resell, assign, sublicense, otherwise transfer, or delegate your rights or
obligations under these Terms and Conditions without prior express written
authorization of Writer’s Block Corner.
25. SUCCESSORS AND ASSIGNS Without in any way limiting
the prohibition on your resale, assignment, sublicensing, or other transfer of
rights or obligations, these Terms and Conditions shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs,
successors, and assigns.
26. TERMINATION; SURVIVAL These Terms and Conditions
shall continue in effect for as long as you use the Products and Services,
unless specifically terminated earlier by Writer’s Block Corner. All provisions
of these Terms and Conditions which impose obligations continuing in their
nature shall survive termination of these Terms and Conditions.
27. COMMUNICATIONS WITH USERS You consent to receive
communications from Writer’s Block Corner concerning your use of the Products
and Services ("Communications"). The Communications may be those that Writer’s
Block Corner is required to send to you by law concerning the Products and
Services ("Required Communications"). The Communications may also be those that
Writer’s Block Corner sends to you for other reasons. You consent to receive
Communications electronically. Writer’s Block Corner may provide these
Communications to you by sending an email to the email address you provided in
connection with your account or by posting the Communication on the Writer’s
Block Corner website. You also consent to receive Communications by telephone or
by postal mail sent to the postal address you provided in connection with your
account. You may change the email or postal address to which Writer’s Block
Corner sends Communications by contacting Writer’s Block Corner.
For a period of 120 days from the date that Writer’s Block Corner first
provided a Required Communication to you in electronic form, you may request a
paper copy of such Required Communication by sending a request to Writer’s Block
Corner. Lycos may charge a reasonable fee for providing paper copies. You may,
without payment of special fees, withdraw your consent to receive Required
Communications electronically by sending a notice to the Customer Service
Address that identifies your full name, user name and postal mailing address.
However, if you withdraw such consent, then Writer’s Block Corner reserves the
right to terminate your right to use the Products and Services, including,
without limitation, by terminating your account and any subscription services
that you may have.
In order to receive Required Communications, you must provide Writer’s Block
Corner, upon registration with the Writer’s Block Corner website, a valid email
address to which Writer’s Block Corner may send electronic mail. Your computer
must also have a modem or other means of Internet access, an Internet browser
such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x
or above, email communications software capable of receiving and storing
electronic mail, and a printer, if you wish, for printing electronic
communications.
28. SUBMISSIONS OF IDEAS The Writer’s Block Corner
website is always improving its Products and Services and developing new
features. If you have ideas regarding improvements or additions to the Writer’s
Block Corner website, we would like to hear them -- but any submission will be
subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY
DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO WRITER’S BLOCK CORNER BE SUBJECT
TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY
SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO WRITER’S BLOCK CORNER, YOU
ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED
MATERIALS AND ARE REPRESENTING AND WARRANTING TO WRITER’S BLOCK CORNER THAT THE
IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS
ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WRITER’S BLOCK CORNER IS FREE
TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR
AS MODIFIED BY WRITER’S BLOCK CORNER, WITHOUT OBTAINING PERMISSION OR LICENSE
FROM ANY THIRD PARTY.
29. EXPORT CONTROLS Certain software, and related
documentation or technical information, available through the Writer’s Block
Corner website is subject to applicable laws and regulations of the United
States pertaining to export controls. By using such software or related
documentation or technical information, you represent and warrant that you are
not located in, or under the control of, or a national or resident of any
embargoed country or any country on the U.S. Department of Commerce's Table of
Denial Orders. You agree not to export or re-export such software or related
documentation or technical information directly or indirectly to any countries
that are subject to United States export restrictions.
30. VIOLATIONS OF TERMS AND CONDITIONS Should you violate
these Terms and Conditions or any other rights of Writer’s Block Corner and the
Writer’s Block Corner website, Writer’s Block Corner reserves the right to
pursue any and all legal and equitable remedies against you, including, without
limitation, terminating any and all user accounts on any and all of the Writer’s
Block Corner web sites.
We hope your enjoyment of Writer’s Block Corner’s Products and Services will
be enhanced by the application of these Terms and Conditions. It is our belief
that your understanding of the guidelines we have set forth will allow the
Writer’s Block Corner to continue to be a place where each of us can prosper,
grow, and enjoy ourselves within an open and non-threatening environment. Thank
you for taking the time to read these Terms and Conditions and we hope you enjoy
our Products and Services.
Last updated March, 2004
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© Copyright 2003-2008, Writer's Block Corner. All Rights Reserved.
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