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THE WRITERS NEWS
Terms of Service
1. Definitions.
"The Writers News" is the interactive on-line service
operated by Truesource Media on the World Wide Web of
the Internet, consisting of information services and
content provided by THE WRITERS NEWS, affiliates of THE
WRITERS NEWS and other third parties. "Subscriber" means
each person who establishes or accesses a connection
("Account") for access to and use of The Writers News.
2. General.
(A) This Agreement, which incorporates by
reference other provisions applicable to use of The
Writers News, governing the use of certain specific
material contained in The Writers News, sets forth the
terms and conditions that apply to use of The Writers
News by Subscriber. By using The Writers News (other
than to read this Agreement for the first time),
Subscriber agrees to comply with all of the terms and
conditions hereof. The right to use The Writers News is
personal to Subscriber and is not transferable to any
other person or entity. Subscriber is responsible for
all use of Subscriber's Account (under any screen name
or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions
of this Agreement. Subscriber shall be responsible for
protecting the confidentiality of Subscriber's
password(s), if any.
(B) THE WRITERS NEWS shall have the right
at any time to change or discontinue any aspect or
feature of The Writers News, including, but not limited
to, content, hours of availability, and equipment needed
for access or use.
3. Changed Terms.
THE WRITERS NEWS shall have the right at any time to
change or modify the terms and conditions applicable to
Subscriber's use of The Writers News, or any part
thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such
changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be
given by means including, but not limited to, posting on
The Writers News, or by electronic or conventional mail,
or by any other means by which Subscriber obtains notice
thereof. Any use of The Writers News by Subscriber after
such notice shall be deemed to constitute acceptance by
Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and
maintaining all telephone, computer hardware and other
equipment needed for access to and use of The Writers
News and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use The Writers News
for lawful purposes only. Subscriber shall not post or
transmit through The Writers News any material which
violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a
criminal offense, give rise to civil liability or
otherwise violate any law, or which, without THE WRITERS
NEWS express prior approval, contains advertising or any
solicitation with respect to products or services. Any
conduct by Subscriber that in The Writers News’
discretion restricts or inhibits any other Subscriber
from using or enjoying The Writers News will not be
permitted. Subscriber shall not use The Writers News to
advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users
to become subscribers of other on-line information
services competitive with The Writers News.
(B) The Writers News contains copyrighted
material, trademarks and other proprietary information,
including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire
contents of The Writers News are copyrighted as a
collective work under the United States copyright laws.
THE WRITERS NEWS owns a copyright in the selection,
coordination, arrangement and enhancement of such
content, as well as in the content original to it.
Subscriber may not modify, publish, transmit,
participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in
whole or in part. Subscriber may download copyrighted
material for Subscriber's personal use only. Except as
otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be
permitted without the express permission of THE WRITERS
NEWS and the copyright owner. In the event of any
permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright notice
shall be made. Subscriber acknowledges that it does not
acquire any ownership rights by downloading copyrighted
material.
(C) Subscriber shall not upload, post or
otherwise make available on The Writers News any
material protected by copyright, trademark or other
proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is
not protected by copyright rests with Subscriber.
Subscriber shall be solely liable for any damage
resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from
such a submission. By submitting material to any public
area of The Writers News, Subscriber automatically
grants, or warrants that the owner of such material has
expressly granted THE WRITERS NEWS the royalty-free,
perpetual, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed for
the full term of any copyright that may exist in such
material. Subscriber also permits any other Subscriber
to access, view, store or reproduce the material for
that Subscriber's personal use. Subscriber hereby grants
THE WRITERS NEWS the right to edit, copy, publish and
distribute any material made available on The Writers
News by Subscriber.
(D) The foregoing provisions of Section 5
are for the benefit of The Writers News, its
subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its
own behalf.
6. Disclaimer of Warranty; Limitation of
Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE
OF THE WRITERS NEWS IS AT SUBSCRIBER'S SOLE RISK.
NEITHER CNN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THE WRITERS NEWS WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THE WRITERS NEWS, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH THE WRITERS NEWS.
(B) THE WRITERS NEWS IS PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES
TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE
WRITERS NEWSIS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH SUBSCRIBER.
(D) THE WRITERS NEWS OFFERS HEALTH,
FITNESS AND NUTRITIONAL INFORMATION, BUT IS DESIGNED FOR
EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE
INFORMATION CONTAINED ON THE WRITERS NEWS DOES NOT AND
IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT
CONSTITUTE THE PRACTICE OF MEDICINE. SUBSCRIBER SHOULD
NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR
DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS,
OR TREATMENT. IF SUBSCRIBER HAS ANY CONCERNS OR
QUESTIONS ABOUT HIS OR HER HEALTH, SUBSCRIBER SHOULD
ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE
PROFESSIONAL FOR PERSONAL MEDICAL ADVICE OR TREATMENT.
SUBSCRIBER SHOULD NOT DISREGARD, AVOID OR DELAY
OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM HIS OR
HER HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING HE OR
SHE MAY HAVE READ ON THE WRITERS NEWS. THE WRITERS
NEWSIS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON
SUBSCRIBER'S PART BASED ON THE INFORMATION THAT IS
PRESENTED IN THE WRITERS NEWS. SUBSCRIBER'S ACCESS AND
USE OF THE WRITERS NEWS DOES NOT IN ANY WAY CREATE A
PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED
RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE
RISE TO ANY DUTIES ON CNN'S PART OR THE PART OF ITS
CONTRIBUTORS. THE WRITERS NEWSDOES NOT RECOMMEND OR
ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES,
OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON THE
WRITERS NEWS. SUBSCRIBER'S USE OR RELIANCE ON ANY
INFORMATION PROVIDED ON THE WRITERS NEWS BY CNN, ITS
CONTRIBUTORS, LICENSORS, THIRD PARTY CONTENT PROVIDERS,
OR OTHER SUBSCRIBERS IS SOLELY AT SUBSCRIBER'S OWN RISK.
(E) IN NO EVENT WILL CNN, OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE WRITERS NEWS OR THE THE WRITERS NEWS
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE WRITERS NEWS. SUBSCRIBER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON THE WRITERS NEWS.
(F) IN ADDITION TO THE TERMS SET FORTH
ABOVE NEITHER, CNN, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE
WRITERS NEWS, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR
LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF
THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK
TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR
BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY
PRICING OR OTHER INFORMATION. The Writers News, ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED
ON THE INFORMATION PROVIDED. NEITHER, The Writers News,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
THE WRITERS NEWS shall have the right, but not the
obligation, to monitor the content of The Writers News,
including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established
by THE WRITERS NEWS and to satisfy any law, regulation
or authorized government request. THE WRITERS NEWS shall
have the right in its sole discretion to edit, refuse to
post or remove any material submitted to or posted on
The Writers News. Without limiting the foregoing, THE
WRITERS NEWS shall have the right to remove any material
that THE WRITERS NEWS, in its sole discretion, finds to
be in violation of the provisions hereof or otherwise
objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless
THE WRITERS NEWS, its affiliates and their respective
directors, officers, employees and agents from and
against all claims and expenses, including attorneys'
fees, arising out of the use of The Writers News by
Subscriber or Subscriber's Account.
9. Termination.
Either THE WRITERS NEWS or Subscriber may terminate this
Agreement at any time. Without limiting the foregoing,
THE WRITERS NEWS shall have the right to immediately
terminate Subscriber's Account in the event of any
conduct by Subscriber which THE WRITERS NEWS, in its
sole discretion, considers to be unacceptable, or in the
event of any breach by Subscriber of this Agreement. The
provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and
this Section 9 shall survive termination of this
Agreement.
10. Trademarks.
THE WRITERS NEWS, and THE WR -each of their logos are
trademarks of The Writers News, A Truesource Media
Company . All rights reserved. All other trademarks
appearing on The Writers News are the property of their
respective owners.
11. Third Party Content.
THE WRITERS NEWS is a distributor (and not a publisher)
of content supplied by third parties and Subscribers.
Accordingly, THE WRITERS NEWS has no more editorial
control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information or
content expressed or made available by third parties,
including information providers, Subscribers or any
other user of The Writers News, are those of the
respective author(s) or distributor(s) and not of The
Writers News . Neither THE WRITERS NEWS nor any
third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular
purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and
disclaimers of warranty.)
In many instances, the content available
through The Writers News represents the opinions and
judgments of the respective information provider,
Subscriber, or other user not under contract with The
Writers News. THE WRITERS NEWS neither endorses nor is
responsible for the accuracy or reliability of any
opinion, advice or statement made on The Writers News by
anyone other than authorized THE WRITERS NEWS employee
spokespersons while acting in their official capacities.
Under no circumstances will THE WRITERS NEWS be liable
for any loss or damage caused by a Subscriber's reliance
on information obtained through The Writers News. It is
the responsibility of Subscriber to evaluate the
accuracy, completeness or usefulness of any information,
opinion, advice or other content available through The
Writers News. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for The Writers
News established by THE WRITERS NEWS constitute the
entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous
written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be
construed in accordance with the laws of the State of
Texas, without regard to its conflict of laws rules. No
waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall
not be given any legal import.
13. Copyrights and Copyright Agent.
THE WRITERS NEWS respects the rights of
all copyright holders and in this regard, THE WRITERS
NEWS has adopted and implemented a policy that provides
for the termination in appropriate circumstances of
subscribers and account holders who infringe the rights
of copyright holders. If you believe that your work has
been copied in a way that constitutes copyright
infringement, please provide The Writers News Copyright
Agent the following information required by the Online
Copyright Infringement Liability Limitation Act of the
Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of
a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have
been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification,
a representative list of such works at that site;
3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to
permit us to locate the material;
4. Information reasonably sufficient to permit us to
contact the complaining party;
5. A statement that the complaining party has a
good-faith belief that use of the material in the manner
complained of is not authorized by the copyright owner,
its agent, or the law; and
6. A statement that the information in the notification
is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital
Millennium Copyright Act please contact:
The Writers News
Truesource Media Services Offices
3610 Blueridge Suites
Garland Texas 75042
Phone: (972) 272-4300
Fax: (972) 272-1234
Email:
info@thewritersnews.com
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