This Content Provider Agreement ("Agreement") is by and between the company or individual specified during this online registration process ("Provider" or "you") and iWriter Software, Inc., an Indiana corporation ("Company"). Provider and Company are collectively referred to as the "Parties" or individually as a "Party".
The policies, terms and conditions below limit Company's liability and obligations to you and allow Company to change, suspend or terminate your access to and use of the online portal and Site located at www.iwriter.com (the "Site") and the iWriter Platform. We urge you to carefully read the following terms and conditions. This Agreement may be modified at any time by Company without prior notice to you or the need to obtain your prior consent. Your access to and use of the Site and the iWriter Platform is also governed by information and guidelines, including the Terms of Use and Privacy Policymade available on the Site. To the extent that there are any conflicts between the terms, conditions or policies of this Agreement and the information and guidelines included on the Site (such as the Terms of Use and Privacy Policy), the terms, conditions and policies of this Agreement will govern.
Company operates and maintains the Site as an online portal that connects those desiring content for their website ("User(s)") with web content writers (collectively, the "iWriter Platform") such as Provider. Provider desires to write articles, content and other works of authorship (each a "Work") for Company based on content requests posted by Users on the iWriter Platform. Provider understands that the User requesting the content may preview the Work submitted by Provider relating to the request prior to deciding whether to accept and purchase such Work, and Provider will only receive payment (as discussed in Paragraph 7) for a Work that is accepted by a User. Further, Provider acknowledges that Company will grant User a license to the Work only upon acceptance and payment to Company for the Work, and Company shall not be liable for any unauthorized use of the Work.
USER UNDERSTANDS THAT BY CHECKING THE BOX AND CLICKING THE "Get Content Now" BUTTON OR USING THE SITE OR THE IWRITER PLATFORM (INCLUDING, WITHOUT LIMITATION, POSTING ANY WORK THERETO) YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE IWRITER PLATFORM. IF YOU AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT TO THESE TERMS BYOF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.
1. Eligibility.
(a) The iWriter Platform is available only to legal entities or individuals, who are at least eighteen (18) years old, and capable of forming legally binding contracts. Without limiting the foregoing, the iWriter Platform is not available to temporarily or indefinitely suspended Providers.
(b) Provider shall not be eligible to use the iWriter Platform if Provider is: (i) a citizen of or resides in a country in which use of the iWriter Platform is prohibited by law, decree, regulation, treaty or administrative act; (ii) a citizen or resident of, or located in, a country or region that is subject to U.S. sanctions or embargoes, including, without limitation, Cuba, Iran, North Korea, Sudan and Syria; or (iii) an entity, individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the Department of State's Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations.
2. General Obligations.
(a) Company has created the iWriter Platform as an online marketplace that connects Users seeking online content with content writers. Company expects a consistent and high level of courtesy, respect and professionalism from all users of the iWriter Platform, and Company reserves the right to expel or suspend you from using the iWriter Platform at any time, in Company's sole discretion, and such decision will be final. You agree to use good judgment when posting Works, information, comments, feedback or other content on the Site or the iWriter Platform, including any comments or feedback relating to other content writers, Users, Company or any other third party. You may be held legally responsible for damages suffered by other content writers, Users, Company or any third party as a result of legally actionable, defamatory or libelous comments, remarks or other information or content you post to the iWriter Platform or the Site.
(b) Company will not be held legally responsible for any Works, remarks, information or other content you post or make available on the iWriter Platform or the Site. Company is not responsible for and does not monitor or censor Works and other content for accuracy or reliability. However, Company reserves the right to remove or restrict access to any Works, information or content posted or made available on the iWriter Platform or the Site if ordered to do so by a court or if Company considers such information or content to be in violation of this Agreement. Violation of the Agreement may result in suspension or termination.
3. Registration.
(a) Provider must register an account ("Account") to make use of the iWriter Platform. All information provided by Provider with respect to the Account must be true, accurate and complete. Company reserves the right to verify any and all information provided by Provider with respect to Provider's Account.
(b) All Account identity information must be real and verifiable. Each Account must be used by only one person, and each person is allowed to use only one Account. Company reserves the right to validate Provider information at any time, including but not limited to the verification of one or more official government or legal documents that confirm Provider's identity. Failure to provide identity verification when requested is a violation of this Agreement. Provider is solely responsible for ensuring and maintaining the secrecy and security of the Account password. Provider agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password. Provider will not allow third parties to perform any action or perform any services under Provider's Account.
4. Termination. The term of this Agreement shall begin as of the Effective Date hereof, and shall continue until such time as it is terminated by either Party, with or without cause, effective immediately upon written notice to the other Party.
5. Work for Hire.
(a) This Agreement grants no rights whatsoever to Provider in the patents, copyrights, trade secrets, trademarks, service marks or other intellectual property rights of Company whether created prior to, during or after the performance of this Agreement. Any Work created by Provider in connection with this Agreement shall be considered a "work for hire" as that phrase is defined by the U.S. copyright laws and shall be owned exclusively by and for the express benefit of Company. As such, Company shall be considered the sole author of the Work and the sole owner of the entire right, title and interest in and to the Work and all intellectual property embodied therein, including the exclusive rights to (i) reproduce, (ii) to prepare derivative works based on, (iii) to distribute to the public copies of, or (iv) to perform or display publicly, in any media now or hereafter known, the Work, in accordance with 17 U.S.C. - 106 and 201(b). THUS, PROVIDER UNDERSTANDS AND AGREES THAT WORK CREATED BY PROVIDER CANNOT BE USED, SOLD, DISTRIBUTED OR OTHERWISE PROVIDED TO ANY OTHER PARTY AND IS UNIQUE TO THE CONTENT USER WHO OBTAINS SUCH WORK FROM COMPANY’S SITE. VIOLATION OF THIS PROVISION SHALL RESULT IN THE FOREITURE OF ALL MONIES PAID BY COMPANY AND THE REMOVAL OF PROVIDER AS AN ACTIVE PARTICIPANT IN COMPANY’S SITE AND MARKETPLACE.
(b) In the event any aspect of a Work cannot be considered a "work for hire" under 17 U.S.C. - 101 for any reason, then Provider and Company agree that (i) the entire right, title and interest in and to the Work and all intellectual property embodied therein (ii) the right to register and review any aspect of a Work, in any media now or hereafter known, throughout the world, and (iii) all rights in and to the Work under the Universal Copyright Convention and the Berne Convention, shall be and hereby are assigned by Provider to Company.
(c) Provider hereby waives the existence of any statutory moral rights arising under 17 U.S.C. - 106A and any rights arising under U.S. federal or state law or the laws of any other country that convey rights of the same nature as those arising under 17 U.S.C. - 106A, or any other type of moral right that may apply to any aspect of a Work as to any and all uses and applications in which either the right of attribution or the right of integrity may be implicated. Provider further agrees not to institute, support, maintain or authorize any lawsuit on the ground that any Works or items produced or created in the future by or under the direction of Company in any way constitute an infringement of any of the rights mentioned in this Section 3 or a defamation or mutilation of any part thereof, or contain unauthorized variations, alterations, modifications, changes or translations.
6. Relationship Between Parties.
(a) It is understood and agreed by the Parties hereof that Provider is entering into this Agreement in the capacity of an independent contractor and that nothing contained in this Agreement is intended to be construed as creating any other relationship between Company and Provider. The relationship between Company and Provider is solely contractual in nature and no other relationship (be it that of an employee, or otherwise) is created hereby. Provider shall provide the services required hereunder according to Provider's own means and methods, which shall be in the exclusive charge and control of Provider and such services shall not be subject to the control or supervision of Company, except as expressly set forth herein.
(b) Provider shall be entirely and solely responsible for Provider's acts and the acts of Provider's agents, employees and subcontractors (including Provider) while engaged in the performance of services hereunder.
(c) Provider shall have no right to bind Company, transact any business in Company's name, or on behalf of Company in any manner or form, or make any promises or representations on behalf of Company. Provider shall represent himself or herself only as an independent contractor of Company.
7. Remuneration.
(a) Provider agrees and acknowledges that payment for a Work is contingent on acceptance of a Work by the User requesting the Work, which User may accept or deny in User's sole discretion. User shall be required to notify Company of its decision to accept or reject the Work within two (2) days of such Work. In the event a User has not accepted or rejected a Work within two (2) days of receipt thereof, the User shall be deemed to have accepted the Work and Provider shall be entitled to payment as provided herein.
(b) Provider shall receive eighty-one percent (81%) of the price paid by a User for the Work, net of any taxes. In the event Provider receives a "special request" by a User to provide a Work, Provider shall receive eighty-six percent (86%) of the price paid by the User.
(c) Provider shall be paid via PayPal and Provider hereby authorizes Company to make payments using PayPal. Provider shall receive payments for accepted Works: (i) weekly (each Tuesday); (ii) every other week (on Wednesday); or (iii) monthly (on the 5th or 25th of each month). Provider is responsible for establishing a PayPal account and shall notify Company of the preferred payment option. In the event the date of payment falls on a holiday, Provider shall be paid on the next business day following the holiday.
8. Taxes. Provider recognizes and understands that, if applicable under Law, Provider will receive an IRS 1099 statement and related tax statements, and will be fully responsible to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Law. Provider will indemnify Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by Company as a result of Provider's failure to make such required tax payments. Provider shall also be solely responsible for: (a) determining whether Company is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to payments hereunder, and remitting any such taxes or charges to the appropriate authorities; and (b) determining whether Company is required by applicable law to withhold any amount of the payments hereunder, notifying Company of any such requirement and indemnifying Company (either by permitting Company to offset the relevant amount against future payments or by refunding to Company the relevant amount, at Company's sole discretion) for any requirement to pay any withholding amount to the appropriate authorities. Further, in the event of an audit of Company, Provider agrees to promptly cooperate with Company and provide copies of Provider's state and federal income tax returns, and other documents as may be reasonably requested for purposes of such audit.
9. Provider Representations and Warranties.
(a) With respect to each Work, Provider represents and warrants that:
(i) Provider owns all rights in, or has acquired all necessary rights to, the Work;
(ii) the Work represents Provider's original work of authorship and does not infringe the copyright, trademark or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
(iii) the information contained in the Work is not known by you to be false, inaccurate or misleading;
(iv) the Work does not violate any Law (as defined below);
(v) the Work is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
(vi) the Work does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own); and
(vii) the Work does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files.
(b) Provider represents and warrants that in the performance of the services to be rendered pursuant to this Agreement, Provider will be acting for the full benefit of Company. Provider additionally represents and warrants that neither it nor any of its employees, officers, directors or agents are a party to any agreement containing any non-competition clause or other restriction, or are under any obligation otherwise inconsistent with respect to Provider's engagement hereunder. Provider shall indemnify and hold Company and its employees, officers, directors or agents, harmless from any and all claims, suits, damages and expenses, including reasonable attorneys' fees, arising out of any conflicting agreement or obligation.
10. Access and Use of iWriter Platform. Provider is responsible for obtaining and maintaining all equipment and services needed for access to and use of the iWriter Platform and for paying all charges related thereto. Provider agrees not to use the iWriter Platform: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to impersonate any person or entity or otherwise misrepresent an affiliation with a person or entity; or (c) to interfere with or disrupt the iWriter Platform or servers or networks connected to the iWriter Platform.
11. Modifications to Agreement.
(a) Company reserves the right in its sole discretion to amend this Agreement without advance notice to you. Modifications to this Agreement will be posted on the Site or made in compliance with any notice requirements set forth in this Agreement. If any modification is not acceptable to you, your only recourse is to cease using the iWriter Platform. By continuing to use the iWriter Platform after Company has posted any modifications on the Site or provided any required notices, you demonstrate your acceptance of and agreement to be bound by the modifications.
(b) Except only as permitted above, no modification or amendment to this Agreement shall be binding upon either party unless in a written instrument signed by a duly authorized representative of each party (and, for the purposes of this Section, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles and electronically transmitted .pdf versions of executed documents).
12. Disclaimers. THE IWRITER PLATFORM IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IWRITER PLATFORM IS WITH PROVIDER. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE IWRITER PLATFORM (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT THE IWRITER PLATFORM WILL MEET PROVIDER'S REQUIREMENTS OR THAT THE IWRITER PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE IWRITER PLATFORM WILL BE CORRECTED. COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IWRITER PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE IWRITER PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PROVIDER THROUGH THE IWRITER PLATFORM OR FROM COMPANY, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE COMPANY PARTIES") SHALL CREATE ANY WARRANTY. COMPANY DISCLAIMS ALL EQUITABLE INDEMNITIES.
13. Limitation of Liability. IN NO EVENT WILL ANY OF THE COMPANY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR PROVIDER'S USE OF THE IWRITER PLATFORM (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE IWRITER PLATFORM), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF COMPANY PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
14. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company liability shall be the minimum permitted under such applicable law.
15. Indemnification. Provider shall indemnify, defend and hold harmless Company from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to (a) any claim, judgment, or adjudication that any Work submitted by Provider infringes the intellectual property or other rights of any third party, (b) Provider's use of the iWriter Platform or the Site, or (c) Provider's performance under this Agreement.
16. Waiver of Breach. The waiver by Company of a breach of any provision of this Agreement by Provider shall not operate or be construed as a waiver of any subsequent breach by Provider.
17. Notices. You consent to the use of (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of the iWriter Platform. Notices hereunder shall be invalid unless made in writing and given (x) by Company via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via the support desk: http://www.bryxensoftware.com/support/ or to such other addresses as Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
18. Assignment. Company may assign its rights, interests, and obligations in this Agreement at any time. The rights and obligations under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of Company. The services to be performed by Provider under this Agreement are personal in nature and cannot be assigned by Provider, without Company's prior written consent.
19. Governing Law. This Agreement and the provisions thereof shall be construed according to the laws of the State of Indiana, without giving effect to conflict of law principles and excluding the United Nations Conventions on Contracts for the International Sale of Goods (CISG).
20. Severability. The terms of this Agreement are severable. If a clause herein is declared illegal or unenforceable by a court or body of competent jurisdiction, the remainder of the Agreement shall not thereby fail or be rendered void, but shall continue in full force and effect, with only the illegal or unenforceable provision rendered null and void and severed from this Agreement.
21. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the matters contained herein.
22. No Third Party Beneficiary Rights. This Agreement shall: (a) create rights and obligations only between Company and Provider; and (b) not create any rights for any other parties. For the avoidance of doubt, without any limitation, no User shall be entitled to enforce the terms of this Agreement.
GDPR Privacy Statement
Effective Date: May 25, 2018
iWriter INC DBA IWRITER.COM ("iWriter") owns and operates this iwriter.com website business. All references to "we", "us", or “our” shall be construed to mean iWriter.
iWriter will be acting as the “Controller” of the personal data you provide to us. This includes your personal contact information and the contact information of your affiliated organization.
If you are an employee or other personnel of one of our customers which have entered into an agreement with us for the provision of our products or services, we will be acting as the “Processor” of your personal data which will be governed by our Data Processing Agreement. For more information, visit our Trust and Compliance Page.
WHY WE NEED YOUR DATA
We need to know your basic personal data consisting of contact information for purposes of responding to your inquiry on our Contact Us web page and similar web pages.
In addition, we need to know your personal data to send you emails for other specific purposes only if you have explicitly given your consent to receive these emails.
WHAT WE DO WITH YOUR DATA
Your personal data is processed by our personnel located Plain City, OH; however, for purposes of hosting and maintenance, your personal data may be archived on servers provided by Liquidweb.com which are located in Lansing, MI. Except for these two sub-processors, we won’t share your personal information with third parties outside our organization unless authorized by applicable law.
If we are acquired by another party, we will share your personal data with the acquiring party.
We maintain a data protection regime for the effective and secure processing of your personal data. For more information, visit our Trust and Compliance Page.
Unfortunately, the transmission of information via the internet is not completely secure. Although we use best practices to ensure your data is encrypted to the standard required in the GDPR to protect your personal data, we cannot guarantee the security of your data as it is transmitted and stored.
HOW LONG WE KEEP YOUR DATA
We will not retain your personal data for longer than required. This means that we will keep your personal information: (i) for as long as required by law, (ii) until we no longer have a valid reason for keeping it, or (iii) until you request us to stop using it. When we delete your personal data from our databases, it will remain in our backup system until it cycles out.
We will delete your personal data that you provide for purposes of responding to your inquiry on our Contact Us web page and similar web pages after 1 year, unless you are continuing to request information from us.
WHAT ARE YOUR RIGHTS
You have right to: (i) request access to and rectification or erasure of your personal data, (ii) request restriction of processing your personal data, and (iii) withdraw your consent at any time. If you provide a notice to us regarding your exercise any of the above rights, we will forward your notice to other authorized parties which are holding and processing your personal data, where appropriate.
If you wish to raise a complaint regarding how we have processed your personal data, you can contact us with the Contact Us information below, and we will investigate the matter. If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law, you may complain to the data protection officer in the country in which you reside.
HOW TO CONTACT US
iWriter Inc.
Support: Contact Page
This Content User Agreement ("Agreement") is by and between the company or individual specified during this online registration process ("User" or "you") and iWriter Software, Inc., an Indiana corporation ("Company"). User and Company are collectively referred to as the "Parties" or individually as a "Party".
The policies, terms and conditions below limit Company's liability and obligations to you and allow Company to change, suspend or terminate your access to and use of the online portal and site located at www.iwriter.com (the "Site") and the iWriter Platform. We urge you to carefully read the following terms and conditions. This Agreement may be modified at any time by Company without prior notice to you or the need to obtain your prior consent. Your access to and use of the Site and the iWriter Platform is also governed by information and guidelines, including the Terms of Use and Privacy Policy made available on the Site. To the extent that there are any conflicts between the terms, conditions or policies of this Agreement and the information and guidelines included on the Site (such as the Terms of Use and Privacy Policy), the terms, conditions and policies of this Agreement will govern.
Company operates and maintains the Site as an online portal that connects those desiring content for their websites with web content writers, who provide the desired content (the "Content") (collectively, the "iWriter Platform"). User acknowledges and understands that the iWriter Platform posts Content submitted by independent freelance writers (not Company employees), who write for Company as independent consultants on a work for hire basis. Company does not review the Content submitted by these independent freelance writers, and Company makes no representations or warranties with respect to the authenticity or accuracy of the Content or that the Content does not contain any defamatory or libelous material.
USER UNDERSTANDS THAT BY CHECKING THE BOX AND CLICKING THE "SIGN ME UP!" BUTTON OR USING THE SITE OR THE IWRITER PLATFORM (INCLUDING, WITHOUT LIMITATION, POSTING ANY REQUEST FOR CONTENT THERETO) YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE IWRITER PLATFORM. IF YOU AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT TO THESE TERMS BY OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.
1. Eligibility.
(a) The iWriter Platform is available only to legal entities or individuals, who are at least eighteen (18) years old and capable of forming legally binding contracts. Without limiting the foregoing, the iWriter Platform is not available to temporarily or indefinitely suspended users.
(b) User shall not be eligible to use the iWriter Platform if User is: (a) a citizen of or resides in a country in which use of the iWriter Platform is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. sanctions or embargoes, including, without limitation, Cuba, Iran, North Korea, Sudan and Syria; or (c) an entity, an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the Department of State's Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations.
2. General Obligations.
(a) Company has created the iWriter Platform as an online marketplace that connects users seeking online content with content writers. Company expects a consistent and high level of courtesy, respect and professionalism from all users of the iWriter Platform, and Company reserves the right to expel or suspend you from using the iWriter Platform at any time, in Company's sole discretion, and such decision will be final. You agree to use good judgment when posting information, comments, feedback or other content on the Site or the iWriter Platform, including any comments or feedback relating to other content users or writers, Company or any other third party. You may be held legally responsible for damages suffered by other content users, content writers, Company or any third party as a result of legally actionable, defamatory or libelous comments, remarks or other information or content you post to the Site or the iWriter Platform.
(b) Company will not be held legally responsible for any remarks, information or other content you post or make available on the iWriter Platform or the Site. Company is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Company reserves the right to remove or restrict access to any Content or other information posted or made available on the Site or the iWriter Platform if ordered to do so by a court or if Company considers such information or Content to be in violation of this Agreement. Violation of this Agreement may result in suspension or termination.
(c) Without limiting the foregoing, you may not use the Site for the purpose of acquiring content which you know, or have reason to know, is defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, company or corporation; or any content that is vulgar, pornographic, obscene, or invasive of another’s privacy; or any content that incorporates materials which are subject to copyright or other intellectual property right and are violative of such right or rights; or any other content which Company deems unacceptable.
3. Registration.
(a) User must register an account ("Account") to make use of the iWriter Platform. All information provided by User with respect to the Account must be true, accurate and complete. Company reserves the right to verify any and all information provided by User with respect to User's Account.
(b) All Account identity information must be real and verifiable. Each Account must be used by only one person, and each person is allowed to use only one Account. Company reserves the right to validate User information at any time, including, but not limited to, the verification of one or more official government or legal documents that confirm User's identity. Failure to provide identity verification when requested is a violation of this Agreement. User is solely responsible for ensuring and maintaining the secrecy and security of the Account password. User agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password. User will not allow third parties to perform any action or perform any services under User's Account.
4. Term; Termination. The term of this Agreement shall begin on the date you check the box and click the "Get Content Now" button and shall continue until such time that this Agreement is terminated by either Party. Either Party may terminate this Agreement, with or without cause, by providing the other Party written notice of termination.
5. Requests for Content. User may post requests for Content on the iWriter Platform (each a "Request") at any time, specify the writers who receive such Requests, and identify the topics and key terms for such Content (for more information on how to post Requests on the iWriter Platform, please click here). User has no obligation to accept any Content proposed in response to a Request for Content, and User shall have no right to use any proposed Content until User accepts the Content. The ultimate amount of the license fee User shall pay in the event of an Acceptance (as defined below) will vary depending upon the specifications in the Request.
6. Preview Period. User shall have three (3) days to preview Content submitted in response to a Request (the "Preview Period") before deciding whether to reject or accept and license the Content. Should User approve of a particular submission of Content over the iWriter Platform in response to a Request, then User should accept the Content (each, an "Acceptance"). Company hereby disclaims any duty to review Content submitted by a writer in response to any Request posted by User, and User shall be solely responsible for reviewing the Content for appropriateness of subject matter and to ensure that the Content does not contain any defamatory or libelous subject matter. Upon Acceptance, User agrees to be solely responsible for any action or reaction resulting from User's publication of the Content. Upon Acceptance, Company shall grant User an exclusive license to the accepted Content (as set forth in Section 7 hereof), and User shall be obligated to pay Company the license fee associated with the Acceptance in accordance with Section 8 hereof. Failure by User to accept or reject the Content submitted in response to a Request prior to expiration of the Preview Period will be deemed an Acceptance by User of the Content, and User's PayPal's™ account will be charged the license fee payment associated with the accepted Content.
7. License Grant. Immediately following Acceptance and payment to Company of the applicable license fee, Company shall grant User an exclusive, non-transferable license to reproduce, distribute, prepare derivative works of, publicly display and publicly perform the accepted Content. Notwithstanding anything to the contrary herein, Company shall retain all ownership and property rights with respect to the Content.
8. License Fee. Upon Acceptance of Content, User authorizes Company to process payment of the license fee associated with each Acceptance vis-a-vis User's PayPal™ account. User is solely responsible for establishing a PayPal™ account as part of the iWriter Platform registration process and shall not hold Company responsible for any claims arising out of or relating to User's PayPal™ account. Failure of User to timely pay the license fee upon Acceptance will be deemed a rejection of the Content.
9. Unauthorized Use. User's use or publication of any Content prior to Acceptance and payment of the license fee is strictly prohibited. User shall be liable for any damages resulting from User's unauthorized use of any Content prior to Acceptance and payment, including, without limitation, any costs or expenses incurred by Company to prosecute any claims related to User's unauthorized use or infringement, including, but not limited to, reasonable attorneys' fees.
10. Access and Use of iWriter Platform. User is responsible for obtaining and maintaining all equipment and services needed for access to and use of the iWriter Platform and for paying all charges related thereto. User agrees not to use the iWriter Platform: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to impersonate any person or entity or otherwise misrepresent an affiliation with a person or entity; or (c) to interfere with or disrupt the iWriter Platform or servers or networks connected to the iWriter Platform.
11. Modifications to Agreement.
(a) Company reserves the right in its sole discretion to amend this Agreement without advance notice to you. Modifications to this Agreement will be posted on the Site or made in compliance with any notice requirements set forth in this Agreement. If any modification is not acceptable to you, your only recourse is to cease using the iWriter Platform. By continuing to use the iWriter Platform after Company has posted any modifications on the Site or provided any required notices, you demonstrate your acceptance of and agreement to be bound by the modifications.
(b) Except only as permitted above, no modification or amendment to this Agreement shall be binding upon either Party unless in a written instrument signed by a duly authorized representative of each Party (and, for the purposes of this Section, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles and electronically transmitted .pdf versions of executed documents).
12. Disclaimers.
(a) Website. THE IWRITER PLATFORM IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IWRITER PLATFORM IS WITH USER. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE IWRITER PLATFORM (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT THE IWRITER PLATFORM WILL MEET USER'S REQUIREMENTS OR THAT THE IWRITER PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE IWRITER PLATFORM WILL BE CORRECTED. COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IWRITER PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE IWRITER PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER THROUGH THE IWRITER PLATFORM OR FROM COMPANY, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE COMPANY PARTIES") SHALL CREATE ANY WARRANTY.
(b) Content. THE CONTENT IS PROVIDED "AS IS" AND COMPANY HAS NOT REVIEWED THE CONTENT. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OR WARRANTY THAT THE CONTENT DOES NOT INFRINGE THE COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR ANY OTHER LEGAL OR MORAL RIGHT OF ANY THIRD PARTY; THAT THE CONTENT IS ACCURATE, AND NOT FALSE OR MISLEADING; THAT THE CONTENT IS NOT DEFAMATORY, LIBELOUS, HATEFUL, RACIALLY, ETHNICALLY, RELIGIOUSLY, OR OTHERWISE BIASED OR OFFENSIVE, UNLAWFULLY THREATENING, OR UNLAWFULLY HARASSING TO ANY INDIVIDUAL, PARTNERSHIP, COMPANY OR CORPORATION; THAT THE CONTENT IS NOT VULGAR, PORNOGRAPHIC, OBSCENE, OR INVASIVE OF ANOTHER'S PRIVACY; THAT THE CONTENT DOES NOT INCORPORATE MATERIALS FROM ANOTHER WEBSITE. FURTHER, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
13. Limitation of Liability. IN NO EVENT WILL ANY OF THE COMPANY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE IWRITER PLATFORM (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE IWRITER PLATFORM), OR USE OF THE CONTENT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF COMPANY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
14. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company’ liability shall be the minimum permitted under such applicable law.
15. Indemnification. User shall indemnify, defend and hold harmless Company from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to (a) any claim, judgment, or adjudication that any Content displayed or otherwise used by User that infringes the intellectual property or other rights of any third party or is defamatory or libelous, (b) User's use of the iWriter Platform or the Site, or (c) User's performance under this Agreement.
16. Waiver of Breach. The waiver by Company of a breach of any provision of this Agreement by User shall not operate or be construed as a waiver of any subsequent breach by User.
17. Notices. You consent to the use of (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of the iWriter Platform. Notices hereunder shall be invalid unless made in writing and given (x) by Company via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via the support desk to: http://www.bryxensoftware.com/support/ or to such other addresses as Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
18. Assignment. Company may assign its rights, interests, and obligations in this Agreement at any time. The rights and obligations under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of Company.
19. Governing Law. This Agreement and the provisions thereof shall be construed according to the laws of the State of Indiana, without giving effect to conflict of law principles and excluding the United Nations Conventions on Contracts for the International Sale of Goods (CISG).
20. Severability. The terms of this Agreement are severable. If a clause herein is declared illegal or unenforceable by a court or body of competent jurisdiction, the remainder of the Agreement shall not thereby fail or be rendered void, but shall continue in full force and effect, with only the illegal or unenforceable provision rendered null and void and severed from this Agreement.
21. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the matters contained herein.
22. No Third Party Beneficiary Rights. This Agreement shall: (a) create rights and obligations only between Company and User; and (b) not create any rights for any other parties. For the avoidance of doubt, without any limitation, no other person, including, without limitation a writer of Content, shall be entitled to enforce the terms of this Agreement.
GDPR Privacy Statement
Effective Date: May 25, 2018
iWriter INC DBA IWRITER.COM ("iWriter") owns and operates this iwriter.com website business. All references to "we", "us", or “our” shall be construed to mean iWriter.
iWriter will be acting as the “Controller” of the personal data you provide to us. This includes your personal contact information and the contact information of your affiliated organization.
If you are an employee or other personnel of one of our customers which have entered into an agreement with us for the provision of our products or services, we will be acting as the “Processor” of your personal data which will be governed by our Data Processing Agreement. For more information, visit our Trust and Compliance Page.
WHY WE NEED YOUR DATA
We need to know your basic personal data consisting of contact information for purposes of responding to your inquiry on our Contact Us web page and similar web pages.
In addition, we need to know your personal data to send you emails for other specific purposes only if you have explicitly given your consent to receive these emails.
WHAT WE DO WITH YOUR DATA
Your personal data is processed by our personnel located Plain City, OH; however, for purposes of hosting and maintenance, your personal data may be archived on servers provided by Liquidweb.com which are located in Lansing, MI. Except for these two sub-processors, we won’t share your personal information with third parties outside our organization unless authorized by applicable law.
If we are acquired by another party, we will share your personal data with the acquiring party.
We maintain a data protection regime for the effective and secure processing of your personal data. For more information, visit our Trust and Compliance Page.
Unfortunately, the transmission of information via the internet is not completely secure. Although we use best practices to ensure your data is encrypted to the standard required in the GDPR to protect your personal data, we cannot guarantee the security of your data as it is transmitted and stored.
HOW LONG WE KEEP YOUR DATA
We will not retain your personal data for longer than required. This means that we will keep your personal information: (i) for as long as required by law, (ii) until we no longer have a valid reason for keeping it, or (iii) until you request us to stop using it. When we delete your personal data from our databases, it will remain in our backup system until it cycles out.
We will delete your personal data that you provide for purposes of responding to your inquiry on our Contact Us web page and similar web pages after 1 year, unless you are continuing to request information from us.
WHAT ARE YOUR RIGHTS
You have right to: (i) request access to and rectification or erasure of your personal data, (ii) request restriction of processing your personal data, and (iii) withdraw your consent at any time. If you provide a notice to us regarding your exercise any of the above rights, we will forward your notice to other authorized parties which are holding and processing your personal data, where appropriate.
If you wish to raise a complaint regarding how we have processed your personal data, you can contact us with the Contact Us information below, and we will investigate the matter. If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law, you may complain to the data protection officer in the country in which you reside.
HOW TO CONTACT US
iWriter Inc.
Support: Contact Page
The following Privacy Policy governs the online information collection practices of Next Net Media LLC DBA iWriter ("we" or "us"). Specifically, it outlines the types of information that we gather about you while you are using the www.iwriter.com website (the "Site"), and the ways in which we use this information. This Privacy Policy, including our children's privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).
Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we'll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.
We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). iwriter.com only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. iwriter.com collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration or opt-in purposes and name, postal address, and credit card information when registering for our events or purchasing our products. All of this information is provided to us by you.
We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer's connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a "cookie" to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as "transparent GIFs") to access cookies and to count users who visit the Site or open HTML-formatted email messages.
We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appear on the Site; and, making other offers available to you via email, direct mail or otherwise. We also may provide your information to third parties, such as service providers, contractors and third-party publishers and advertisers for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to the Online Privacy Coordinator whose address is listed at the end of this Privacy Policy requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online - for example on message boards, web logs, through email, or in chat areas - that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Some of our third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements' effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party's privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party's use of cookies or web beacons or use of your information, you should visit that party's website and review its privacy policy.
The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.
We may also make some content, products and services available through our Site or by emailing messages to you through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner's use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.
Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.
We also use Google Analytics Advertiser Features to optimize our business. Advertiser features include:
By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our Site, and match the right audience with the right advertising message.
You can opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page.
As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.
We abide by Facebook’s Data Use Restrictions.
This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.
This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site's online activities on providing personally identifiable information.
Your information is stored at the list server that delivers iwriter.com content and messaging. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to those who would like to receive iwriter.com material.
All of the messaging or emails that are sent to you by iwriter.com include an unsubscribe link in them. You can remove yourself at any time from our mailing list by clicking on the unsubscribe link that can be found in every communicaiton that we send you.
Although it is highly unlikely, this policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.
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