| 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 LYCOS 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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