You understand that, except for information, products or services clearly identified as being supplied by WritingShares.com, WritingShares.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for WritingShares.com-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with WritingShares.com. a. You also understand that WritingShares.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. WritingShares.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND WritingShares.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WritingShares.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. WritingShares.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WritingShares.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF WritingShares.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, WritingShares.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WritingShares.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-WritingShares.com web site, please understand that it is independent from WritingShares.com, and that WritingShares.com has no control over the content on that web site. In addition, a link to a third-party website does not mean that WritingShares.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless WritingShares.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of WritingShares.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between WritingShares.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a state court of competent jurisdiction sitting in Wilbarger County, Texas. If either party chooses to file in federal court, the action or proceeding shall be brought exclusively in the federal district court nearest to Wilbarger County, Texas, at the time of the action. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. WritingShares.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. WritingShares.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
7. Freelance-Writing Profit Shares
WritingShares.com maintains a profit-sharing program for freelance writers who submit original and exclusive articles to the website. WritingShares.com has the exclusive authority to accept or reject any article for any reason or no reason at all. WritingShares.com may also edit your articles for any reason and publish the edited version under your public display name. If you are looking for 100-percent control over your work, then do not participate as a writer in WritingShares.com.
If your article is accepted, you may NOT publish it anywhere else. As long as an article is published on WritingShares, you grant WritingShares.com the exclusive right to publish that article. You can ask us to remove an article from your account to regain the right to publish it elsewhere. Do this by sending an email to our Help Desk with “Article Removal Request” in the subject line of the email. We will not remove any article unless you follow these rules precisely. You will also lose all profit shares earned from writing all articles, not just the ones you want to remove. In other words, a request to remove even one article you have written for WritingShares.com is the same as a request to forfeit all your shares in the program. WritingShares.com will send an email reminding you of this rule before we proceed to remove any of your articles. If any article that you submit is rejected, you are free to publish that article anywhere you want, and WritingShares.com retains absolutely no rights in the article. We reserve the right to remove your articles for any reason or no reason whatsoever. However, you will not lose any profit shares earned from writing those articles unless an article is being removed for a rules violation.
WritingShares.com reserves the right to change the terms of the profit-sharing program at any time or even to suspend or cancel the program. This includes the percentage payouts, profits per share and all other terms. However, if you have already written articles that were approved, you will never lose your shares unless you violate this agreement. Nonetheless, if WritingShares.com completely closes its business, all shares will be cancelled because there will be no profits to share.
Any rights not expressly granted herein are reserved.
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