Terms of Service
Date of Last Revision: 2 July 2022
1.1 Welcome to Author Ready!
IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE OR THE APP, AND DO NOT USE ANY OF THE SERVICES.
1.2 Updates and Revisions
We may revise, modify, change, or remove any part of these Terms of Service at any time, and for any reason, by posting an update to our Terms of Service page (or the respective page of any document incorporated by reference).
Unless otherwise indicated, any changes to these Terms will be effective immediately. We encourage you to check back frequently, as your continued use of any Author Ready Services indicates that you accept those changes, whether you have read them or not. In addition, you and Author Ready will be subject to any posted rules or guidelines that apply to such Services.
If you do not agree to any changes, please do not use these Services.
1.3 Sole Agreement
These Terms, and all documents incorporated by reference, constitute the sole and entire agreement between you and us regarding the Services. These Terms supersede all prior agreements, representations, and warranties, of any nature, regarding the Services. You will not rely on any other statements or agreements, whether verbal or written, beyond what is contained in this agreement.
1.4 Violation of These Terms
Any use of the Services in violation of these Terms, as well as any incorporated herein by reference, may result in, among other things, termination, or suspension of your rights to use the Services.
2. Use of the Services
You are solely responsible for your content (including, without limitation, any text, data, audio, visual, code, etc.) and conduct while using the Services. You agree that you will not violate any applicable law, contract, intellectual property right, any third-party right, or other offense, including committing a tort. You further agree that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole and absolute discretion, violates this or any other provision, including, without limitation, removing offending content from our Services, suspending or terminating violator account(s), and reporting you to law enforcement.
The following list specifically addresses additional prohibited activities, but this list is not exhaustive or exclusive. In short, be nice, be respectful, and don’t break any laws.
2.1 Your Use & Account
Author Ready Services, and any content viewed through our Services, is solely for your personal and non-commercial use. With your Author Ready purchase, we grant you a limited, non-transferrable, non-exclusive license to access our content and view any audio or video content on a streaming-only basis.
Except for the aforementioned limited license, no right, title, or interest shall be transferred to you. You agree to not use the Services for public performances. We may revoke your license at any time at our sole and absolute discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Services, as well as copies of any such materials, whether made in accordance with these Terms or otherwise.
In order to access and use our Services, you must first register to use them. Registration requires you to provide information and create a username and password (using Single Sign-On (SSO) may modify this requirement). The information that you provide can be updated through your account settings. Keep your password secure, and we recommend logging out of your account when not in use.
2.2 Technical Support
Author Ready technical support is available by emailing firstname.lastname@example.org. We will respond to your support request within a reasonable time, typically within one business day.
2.3 Services May Change
We reserve the right to modify or discontinue, temporarily or permanently, any part of the Services, or all of the Services, with or without notice. You agree that we will not be liable to you, or to any third party, for any modification or cessation of the Services. We are under no obligation to retain any of your data, information, or content beyond what is required by applicable law.
2.4 Prohibited Content & Conduct
We expect all users to use Author Ready Services safely and ethically. You are solely responsible for the information you transmit, submit, or post through our Site or Services. You expressly agree that you, your use of the Services (which includes our Site, App, and any other service we provide), and your account content will not:
- Harass, threaten, intimidate, stalk, or otherwise engage in any predatory behavior;
- Solicit personal information from anyone under the age of 18;
- Advertise, or offer to sell or buy, any goods or services for any business purpose that is not specifically authorized by us;
- Attempt to access or otherwise obtain any content, materials, or other information through any means not intentionally made available by us, or provided for through the Services;
- Impersonate any person or entity, or submit or post any content on behalf of any other person or entity, or otherwise misrepresent your affiliation or relationship with any person or entity;
- Pose or create a privacy or security risk to us or any other person;
- Copy, reproduce, distribute, publicly display, publicly perform, sell, resell, exploit, or commercially use any portion of the Services, except as expressly permitted in writing by us or our licensors;
- Remove any proprietary rights notices or markings, modify the Services, or otherwise make any derivative works based on the Services, without our prior written consent;
- Use the Services other than for their intended purpose, or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services;
- Reverse engineer, decompile, or disassemble any aspect of the Services, or do anything that might discover source code or that might bypass or circumvent measures employed to prevent or limit access to any part of the Services;
- Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Services;
- Develop or use any applications that interact with the Services without our prior written consent;
- Post, email, upload, transmit or otherwise make available any information, materials or other content that is illegal, abusive, harmful, threatening, harassing, obscene, defamatory, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
- Collect, upload, phish, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
- Collect, upload, phish, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software, or services;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “sweepstakes,” “contests,” or any other form of solicitation;
- Harvest or collect any contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Use email addresses, or other contact information collected through Author Ready, maliciously or in a way that violates the CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them, or any applicable electronic communications laws in your jurisdiction;
- Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
- Sublicense to, transfer, network, transmit, distribute, or permit use of the Services by, any third party without permission from Author Ready;
- Interfere with or disrupt the Services or another user’s use of the Services;
- Reverse engineer, decompile, or disassemble any aspect of Author Ready software or Services;
- Use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages or other content contained in Author Ready Services;
- Modify, adapt, or hack the Author Ready Services or falsely imply that some other site is associated with the Author Ready Services;
- Interfere with or disrupt the Author Ready Services, or any servers or networks connected to Author Ready Services, or disobey any requirements, procedures, policies, or regulations of networks connected to any aspect of Author Ready;
- Perform any act that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Promote or advance any criminal activity or provide instructional information about illegal activities;
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms. You must not, in the use of the Services, violate any laws in your jurisdiction, including but not limited to copyright laws and any regulations that carry the force of law.
Unless expressly authorized by Author Ready in writing, you agree not to copy, create derivative works from, display, distribute, duplicate, exploit, license, perform, publish, reproduce, modify, sell, resell, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
A breach of any of the Terms of Service may result in a permanent account ban, or may trigger an investigation where Author Ready may require additional information from you, including communications with users. Any access to Services associated with the account may be interrupted until such information is provided and/or the matter is resolved.
You further agree that you will not post, upload, transmit, distribute, store, create, or otherwise publish to or through the Services any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, vulgar, suggestive, harassing, harmful, discriminatory, threatening, excessively violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, tortious, deceptive or misleading, hateful (including racially or ethnically), or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes, unsolicited promotions, advertising, or solicitations;
- Private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content which violates the terms of any Author Ready guidelines, policies or rules posted on the Services or otherwise provided to you; and
- Content that, in the sole judgment of Author Ready, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.
Except as expressly authorized by us, you agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or any form of content therein, in whole or in part. The foregoing does not apply to your own user content that you legally upload to the Services.
You further agree to not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Any use of the Services other than as specifically authorized herein is strictly prohibited.
2.5 User Content
The Services may include forums, blogs, comment boards, or other Services in which you or other users may create, post, share, or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Services. You are solely responsible for your use of such features and use them at your own risk. By using any such feature, you agree to adhere to the foregoing Prohibited Content and Conduct section.
The foregoing Prohibited Content and Conduct section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Author Ready takes no responsibility and assumes no liability for any content posted by any user, stored or uploaded by you or any third party, or for any loss or damage thereto.
Author Ready does not undertake to review user material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Author Ready assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Under no circumstances will Author Ready be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
In addition, Author Ready is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter through use of the Services. Your use of the Services is at your own risk.
Any enforcement of these Terms is solely at our discretion, and failure to enforce such rules in any instance does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. As a provider of the Services, we are not liable for any statements, representations, or content provided by its users in any of the Services.
Although Author Ready has no obligation to do so, it reserves the right, and has absolute discretion to remove, screen or edit any content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any content you post or store on the Services at your sole expense.
Except as otherwise provided, you retain ownership of all content you post on the Services. However, if you post content (which includes, without limitation, any feedback, question, comment, suggestion, idea, or other information or material) to the Services, unless we indicate otherwise, you grant Author Ready and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of Author Ready, and the issues and causes it supports, without any right of acknowledgement, compensation, or attribution.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Services, provided by you to Author Ready, its affiliated companies, or partners are non-confidential and Author Ready, its affiliated companies, and partners will be entitled to the unrestricted use and dissemination of this content for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You represent and warrant that (a) you own and control all of the rights to the content that you post or you otherwise have the right to post such content to the Services including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further grant Author Ready and its affiliates and sublicensees the right to use the name that you submit in connection with any such content if they choose.
You acknowledge and agree that we 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, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Author Ready, its users, and the public. You understand that the technical processing and transmission of the 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.
2.6 Account, Data, Access & Security
If you are under 13 years of age, you may not use the Services, with or without registering. Additionally, if you are under 18 years of age, you may only use the Services with the approval of your parent or guardian.
You agree to maintain the security of your login information, including username and password. This includes the restriction that you may not provide your username and password to another person, and will never use another person’s account. You are responsible for all activities that occur through your account. Ensure that you log out of your account when you are finished with each session where you access the Services.
You agree to notify us immediately of any unauthorized use of your account or any other breach of system security.
You furthermore recognize that no data can be kept 100% secure, despite reasonable and prudent efforts, and agree to accept all risks of unauthorized access to Author Ready data, and any other information you provide to us.
You acknowledge and agree that, in order for us to provide the Services, we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Notwithstanding any of these Terms of Service, at all times we reserve the right, without limitation or notice, and in our sole and absolute discretion, to limit or terminate your license to use the Services, and to block or otherwise prevent your future access to and use of the Services, for any reason, or for no reason.
We are not liable for any loss or damage arising from your failure to comply with this or any other section of these Terms.
2.7 Right to Shut Down, Deny or Limit Access, Remove Content
Author Ready reserves the right to suspend or terminate your account at any time and for any reason, or for no reason at all, in our sole discretion. We reserve the right to remove any user content which is abusive, disruptive, illegal, or that otherwise fails to adhere to our standards, and to limit or revoke your access to the Services, in full or in part, in our sole discretion, at any time, and for any reason, or for no reason at all, including, but not limited to, technical difficulties, or violation of these Terms of Service.
You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Furthermore, you agree that we will not be liable to you or any third party for any termination of your access to the Services.
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
2.8 Mobile Services
Certain of our Services may include the ability to interact with the Services via a mobile device. Options to interact may include the ability to do any or all of the following Mobile Services:
- upload content to the Services via a mobile device;
- browse the Services and the Site from a mobile device;
- access certain features through an application downloaded and installed on a mobile device.
To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
You agree to promptly update your Author Ready account information should you change or deactivate your mobile telephone number.
2.9 Storage Limits
We may create policies, procedures, and limits concerning the Services, including (without limitation) the maximum amount of time that data, information, and other content will be retained, and the maximum storage space that you will be allotted on our servers.
You agree that we have no responsibility or liability for the loss, deletion, or failure to store any data, information, content, etc. maintained on or uploaded to the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time, as determined in our sole and absolute discretion.
We reserve the right to change these policies, procedures, and limits at any time, in our sole and absolute discretion, with or without notice to you or any other party.
2.10 Reliability & Security
We strive to maintain a reliable and secure system for your data and content. However, the reliability of hosting services, internet service providers, data transfer intermediaries, and other service providers cannot be guaranteed. When you use our Services, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect reliability or security.
3. Fees & Billing
Most Author Ready Services are provided for a fee. If you choose to use paid aspects of the Services, you agree to pay all charges incurred by your account when due, including any taxes and/or fees, in accordance with the billing terms in effect when the charge is due. This may include recurring payments if such a plan is required to access certain Services.
If you dispute any charges, you must let us know within sixty (60) days after the date that we charge you.
3.1 Recurring Payment
If you choose a plan with a recurring payment, Author Ready will automatically bill you on the payment cycle that you selected until you change plans or cancel your account. By signing up for an Author Ready paid account and providing Author Ready with your payment information, you hereby agree to these payment terms and conditions. If payment cannot be completed with your credit card when due, or if the payment is returned for any reason, Author Ready may suspend, revoke access to, or terminate your account.
Author Ready will automatically bill your account each month (or year, in the case of an annual subscription) on the calendar day corresponding to the start of your paid account. If your paid account started on a day not contained in a given month, we will bill your account on the last day of that month. For example, if you started your paid account on January 29, your next billing would occur on February 28 (except in a leap year, of course). If you upgrade to a more expensive Service level, the date of your upgrade will be your new “account start” date for recurring billing.
You acknowledge that the amount billed each payment period may vary for reasons that include: differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge you using the payment method you selected for such varying amounts. We may also periodically authorize your payment method in anticipation of account or related charges. Refunds for all fees and charges are governed by our Refund Policy.
We may change the price for recurring subscriptions from time to time. If we do, we will notify you of any price changes in advance and how to accept those changes. Price changes for recurring subscriptions will be effective at the start of the next subscription period after the effective date of the price change. If you do not agree with the price changes, you may cancel your recurring subscription before the price change takes effect.
You agree to promptly update your account information with any changes to your payment method, such as a change in your billing address or credit card expiration date.
If we are unable to charge your account as previously authorized by you, we may, in our sole and absolute discretion, bill you for the Services you signed up for and suspend your access to the Services until we receive payment, and/or endeavor to update your account information through third parties (such as your bank or payment processor) to continue charging your account as authorized by you.
You are responsible for managing your account. Unless you notify us before the end of the subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable recurring subscription fee (as well as any taxes and other charges) using any credit card or other payment mechanism we have on record for you. If you wish to cancel your account at any time, or for any reason, your subscription can be canceled in your account settings or by emailing email@example.com.
Payments are nonrefundable, unless by exception as explained in another section of these Terms of Service. If you cancel a recurring subscription before the end of the current paid period, we will not refund any subscription fees already paid. However, following a cancellation, you will continue to have access to the paid service through the end of your current subscription period.
If your payment method expires, such as with a credit card, your continued use of Author Ready Services constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Benefits of a paid account are non-transferrable.
All provisions of these Terms of Service which, by their nature, should survive termination of your account shall survive termination including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
3.3 10-Day Free Trial
Your subscription may include a 10-day free trial. If so, you will have 10 days, including the day that you begin your trial, to cancel your subscription and terminate your access to the Services before your account is charged. After the 10 days, you will be charged and your paid subscription will begin in accordance with these Terms of Service.
Refunds are not available after the 10-day free trial. You may still cancel your account in accordance with 3.2 Cancellation.
This section may be modified if other terms apply during your purchase of the Services you choose, or as required by applicable law.
If we determine, in our sole and absolute discretion, that you are abusing our trial policy, we reserve the right to suspend or terminate your account and refuse or restrict any current or future use of the Services, without providing any refund.
3.4 Discount & Refunds
We may provide a refund, discount, or other consideration to one, some, or all of our users. The nature and amount of any such consideration, and the decision to provide them, are at our sole and absolute discretion. Any instance of consideration does not obligate us to provide any other consideration, nor does it entitle you to any consideration given to another user, under any circumstance.We may provide a refund, discount, or other consideration to one, some, or all of our users. The nature and amount of any such consideration, and the decision to provide them, are at our sole and absolute discretion. Any instance of consideration does not obligate us to provide any other consideration, nor does it entitle you to any consideration given to another user, under any circumstance.
3.5 New or Updated Services
We may add new Services for additional fees, or amend fees, charges, or terms for existing services, at any time in our sole discretion. We reserve the right to change any fees or charges for services we provide, including the amount or basis for determining said fees or charges. Any such changes shall become effective in the billing cycle following the effective date of such change. Changes will be announced in update notes, via email, or by updating these Terms of Service.
Downgrading your account may cause the loss of content, features, or capacity with your account. We are not liable for any such loss.
4. Intellectual Property Rights
Our Services, including the data, text, graphics, images, photographs, videos, illustrations, design, layout, and any other content contained therein, are owned by Author Ready or our partners, affiliates, or licensors and are protected under law. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our partners, affiliates, or licensors. Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own informational, non-commercial, and personal use only for the term of your subscription in accordance with these Terms of Service, unless terminated earlier. Any use of the Services other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein, unless we have provided prior written permission. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications statutes and regulations. This license is revocable at any time.
“Author Ready”, “AR”, and our slogans, logos, trade names, service names, product names, designs, as well as the look and feel of our Services are trademarks of Author Ready and may not be copied, imitated, removed, altered, or used, in whole or in part, without our prior written permission, or that of the applicable trademark holder. You shall not remove or alter any copyright notice, trademark, or other proprietary or restrictive notice or legend affixed to any material provided by Author Ready. You may not use any metatags or any other “hidden text” using “Author Ready” or any other name, trademark or product or service name of Author Ready without our prior written permission. All other slogans, logos, trade names, service names, product names, trademarks, registered trademarks, and company names mentioned on or included in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, support, or recommendation by us.
All goodwill generated from the use of Author Ready trademarks, trade dress, and copyrighted material will inure to our exclusive benefit.
4.1 Software & Technology
The software and technology underlying the Services are the property of Author Ready, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software and technology.
4.2 Linking to Author Ready
You may not use any Author Ready trademarked logos or any other Author Ready proprietary graphic to link to the Services without the express written permission of Author Ready. In addition, you may not use, frame, or use framing technology to enclose any Author Ready content, text, layout, design, trademark, logo, form, or other proprietary information, including images used in the Services, without prior express written permission from Author Ready.
4.3 DMCA & Copyright Infringement
We respect intellectual property rights and ask others to do the same. If you believe that material located on, linked to, or shared via our Services violates your copyright, please let us know by emailing us at firstname.lastname@example.org. You may also contact us by mail at:
4988 S 5400 W
Hooper, UT 84315
We will respond to all such notifications as appropriate and required, including by removing infringing material or disabling all links to infringing material.
Please note that, to be effective, the notification must be in writing and contain the following information:
- The electronic or physical signature of the copyright owner or owner’s agent;
- Identification of the: (i) copyrighted work(s) infringed; (ii) the infringing activity; and (iii) the location of the infringing activity (typically by providing the URL);
- Contact information of the notice sender, including an email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information provided is accurate and the notifier is the copyright or intellectual property holder, or is authorized to make the complaint on behalf of the intellectual property or copyright owner.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- your name, address, telephone number, and email address;
- a statement that you consent to the jurisdiction of the federal court located within Utah;
- a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
4.5 Repeat Infringer
A user who is determined to be a repeat infringer of copyrights or other intellectual property rights may, as appropriate, and in accordance with the Digital Millennium Copyright Act (“DCMA”) and other applicable laws, have their access revoked or account terminated. We may also, in our sole and absolute discretion, limit access to our Services and/or terminate the account of any user who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.
5. Third Parties
Author Ready Services may contain links to other websites or applications maintained by third parties. These links are provided solely as a convenience for those who may be interested in the information and this does not imply ownership of, endorsement of, or association with, the third party by us. We are not liable for, nor can we be held responsible for:
- Any changes or the inoperability of third party applications, whether temporary or permanent;
- The content, rules, practices, privacy policies, or terms of service of any third party;
- Any issue, data breach, or problem with any third party service;
- Any other issue that may arise due to your usage of the third party service.
Your dealings or correspondence with such third parties and any terms, conditions, warranties or representations associated with such dealings are solely between you and the third party. We are not 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 third-party information on our Services. You expressly relieve us from any and all liability arising from your use of any third party content or services.
You further acknowledge that third party services may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and you therefore will not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the third party services, in whole or in part, and will abide by the terms of service of such third party services.
When you leave our Services, be aware that our Terms and Policies, including privacy and data-gathering, no longer govern your activity on any other site. We encourage you to review the terms and policies of any other site you navigate to from our Services.
Furthermore, we may provide links to articles and other information written and maintained by third parties, as well as references to products, services, processes, and other information, by trade name, trademark, manufacturer, supplier, creator, or other reference (collectively “References”). These References are provided as a convenience and do not imply a claim of ownership in that content, or an endorsement, sponsorship, recommendation, or support of the product, service, process, content, or other information in any way, shape, or form. We also do not make any warranties or implications regarding the quality, accuracy, completeness, or veracity of the content. You acknowledge and agree that we are not responsible or liable in any manner for any third party content, and that we undertake no responsibility to update or review any such content. You acknowledge that you use such content at your own risk.
You expressly relieve Author Ready from any and all liability arising from your use of any third party content or services.
5.1 Social Media Services
Please note that the social media services have their own privacy practices regarding how they use, store, and disclose your information, and Author Ready is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social media services. As such, we are not liable for any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on any such social media services. We enable these features as a convenience and the inclusion of such features does not imply any endorsement or recommendation.
5.2 Other Users
You agree that you are solely responsible for your interactions with any other user in connection with the Services, and that Author Ready will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
You agree to indemnify, defend, and hold harmless Author Ready, any parent entities, affiliates, and subsidiaries; and their respective officers, directors, employees, volunteers, consultants, agents, representatives, professional advisors, and contractors from any and all demands, claims, actions, losses, liabilities, costs, damages, or expenses whatsoever (including attorneys’ costs and fees) asserted against us, imposed upon us, or arising from your use of our Services or those of related parties (including death). Your indemnification includes, without limitation, all claims related to any content posted to or accessed from the Services.
If you are a California resident, you waive California Civil Code Section 1542, which says: “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 if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
7. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN WRITING BY AUTHOR READY, THE SERVICES, CONTENT CONTAINED THEREIN, AND ANY ASSOCIATED SERVICES PROVIDED ON OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. AUTHOR READY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SERVICES. IN ADDITION, AUTHOR READY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, MATERIALS OR ANY ASSOCIATED SERVICES ARE ACCURATE, COMPLETE, RELIABLE, UNINTERRUPTED, TIMELY, CURRENT, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
AUTHOR READY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE AUTHOR READY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND ANY RELATED CONTENT SAFE, AUTHOR READY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, ANY RELATED MATERIALS, OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
AUTHOR READY MAKES NO WARRANTY THAT THE SERVICES (INCLUDING THE QUALITY OF ANY PRODUCTS, CONTENT, INFORMATION, OR OTHER MATERIAL OR SERVICES) WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, NOT THAT THE RESULTS FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
AUTHOR READY IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SERVICES, OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS, OR ANY OTHER USERS OF THE SERVICES. WHILE AUTHOR READY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AUTHOR READY, OR ANY OF OUR EMPLOYEES, AGENTS, VOLUNTEERS, OR AFFILIATED PARTIES, BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF ACCESS, LOSS OF GOODWILL, COST TO PROCURE A SUBSTITUTE, OR, WITHOUT LIMITATION, ANY TANGIBLE OR INTANGIBLE DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM AUTHOR READY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, DELAYS, ERRORS, DEFECTS, VIRUSES, OR ANY FAILURE OR DEGRADATION OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AUTHOR READY DATA OR SERVICES, EVEN IF AUTHOR READY OR ANY OTHER AFFILIATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF AUTHOR READY AND THE OTHER AFFILIATED PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE LESSER OF ANY AMOUNTS YOU HAVE PAID TO AUTHOR READY IN THE LAST SIX (6) MONTHS OR ONE HUNDRED DOLLARS ($100).
BY USING THE SERVICES, YOU AGREE THAT YOU WILL LOOK ONLY TO THE ASSETS OF AUTHOR READY FOR PAYMENT OF ANY OBLIGATION THAT MAY BECOME DUE FROM AUTHOR READY IN CONNECTION WITH YOUR USE OF THE SERVICES. NO MEMBER, OFFICER, EMPLOYEE, OR AGENT OF AUTHOR READY, OR OF ANY COMMITTEE THEREOF, SHALL BE LIABLE FOR ANY SUCH OBLIGATION.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF AUTHOR READY OR ANY OTHER AFFILIATED PARTY OR FOR ANY OTHER MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN ADDITION, NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
9. Dispute Resolution; Arbitration
You and Author Ready agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at Author Ready, 4988 S 5400 W, Hooper, UT 84315 and email@example.com, and provide a brief, written description of the dispute and your contact information (including your user account information, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations. This shall be a condition to either party initiating a lawsuit or arbitration.
To the extent issues of state law are implicated, the laws of the State of Utah shall apply. The arbitration will be administered by a mutually agreeable Arbitrator in Utah. This agreement to arbitrate also includes: (i) Claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims that relate directly to Author Ready and/or its affiliates, successors, assignees, employees, agents, or independent contractors; and (iv) Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to by you and Author Ready that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the Arbitrator may award relief only on an individual (non-class and non-representative) basis. The parties shall maintain the confidential nature of the arbitration proceedings and award, including the hearing, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or enforcement of the award, or unless otherwise required by law or judicial decision. Judgment upon the award rendered by an arbitrator hereunder may be entered in any court having jurisdiction.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction to the extent such claims do not seek equitable relief.
10. Applicable Law & Venue
These Terms and your use of the Services shall be governed by and construed and enforced in accordance with the laws of the United States of America and the State of Utah without regard to its conflict of laws provisions. Each party irrevocably consents that any legal action or proceeding related to Author Ready shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Utah. Nothing in this agreement limits a party’s ability to seek equitable relief.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms, or portion thereof, is deemed to be unlawful, void for any reason, or unenforceable, then that provision, or portion thereof, shall be interpreted to best accomplish the unenforceable provision’s intended purpose. If such interpretation is impossible, it shall be deemed severable from these Terms, and shall not affect the validity and enforceability of any remaining provisions, which shall remain binding to both parties.
12. No Waiver
Any failure by Author Ready to enforce any provision of these Terms does not constitute a waiver of future enforcement of that or any other provision of these Terms, unless expressly waived in writing by us. Further, no waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Author Ready to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and that you will abide by and comply with these Terms of Service.
Any rights not expressly granted herein are reserved by Author Ready.
We are not responsible for any loss or harm related to your inability to access or use the Services.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
You agree that communications and transactions between us may be conducted electronically.
You may not assign these Terms of Service without the prior written consent of Author Ready, but we may assign or transfer these Terms of Service, in whole or in part, without restriction.
We maintain the right to fully cooperate with any law enforcement agency, its representatives, or court order requesting or directing Author Ready to disclose the identity of other information of anyone posting any form of content or material on or through our Services.
Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.
YOU WAIVE AND HOLD HARMLESS AUTHOR READY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
14. Questions, Comments & Feedback
We welcome any constructive comments and feedback that will help us to improve our Services. You may submit any questions, comments, suggestions, ideas, content, or other information about Author Ready or our Services. You understand and agree that we may use any such material for any purpose, without acknowledgement or compensation to you, including to develop, copy, publish, or improve the Services in our sole and absolute discretion. You further acknowledge and agree that we may treat any such submission as non-confidential.
Author Ready is under no obligation to review any submissions, or to keep them confidential. We may discard, use, store, adapt, or redistribute any such submission and its contents for any purpose and in any way we choose.
If you have any questions regarding these Terms or the contents of this website, please contact us at firstname.lastname@example.org.