Wscripted Inc’s (“Wscripted”, “we”, “us” or “our”) Terms of Use, together with our Privacy Notice set forth the complete terms and conditions (collectively, the “Terms”) that apply to the Wscripted Site, located at Wscripted.COM (the “Site”), your access or use of Services, as well as your use of any Content (as defined below) made available through the Site, or your sharing, uploading, transmission, or sending of Content to us, (collectively, the “Platform”). By accessing the Platform, you accept and agree to be legally bound by and comply with these Terms. These Terms may be updated from time to time at our discretion. Because Wscripted provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and Wscripted must be resolved in arbitration or small claims court.
As used herein, the below terms have the following meanings:
· "Service" or "Services" means any and all services provided to you through the Site, including bulletin boards, your account features, messaging and matchmaking functionalities, as well as our posting, provision to Decisionmakers (defined below), review, and independent rating of Content that you share, upload, transmit, or send to the Platform, or otherwise provide us.
· "Content" means any and all literary content, data, text, images, video, audio, and software.
· "User" or "Users" means any person who accesses or uses the Platform and has complied with the account registration requirements in Sections 1 and 2 below, including a person who accesses the Platform for the purposes (i) of showcasing copyrighted literary works (a “Storyteller”); (ii) of reviewing and assessing the literary potential and commercial value of Content made available through the Site (even if the foregoing is not such person’s sole intended use of the Platform) (a “Decisionmaker”). For the purposes of clarity, these Terms govern any use of the Platform, regardless of whether such usage is by a User.
1. Account Security and Eligibility.
To use the Platform you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from accessing the Platform; and (iii) register for and use the Platform in compliance with any and all applicable laws and regulations.
You acknowledge and agree that Wscripted accounts are carefully selected and that account approval is needed in order to become a User. Wscripted reserves the right, at its sole discretion, to approve or decline a membership registration request.
2. Account Registration.
As referenced in Section 1(iii) above, to access some features of the Platform, you will be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Wscripted for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at [email protected]. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Platform.
If you do not agree to any provision of these Terms, please do not access or use the Platform. Wscripted reserves the right, at its sole discretion, to update or revise these Terms. Please check these Terms regularly. Your continued use of the Platform following the posting of any changes to these Terms constitutes your acceptance of such changes.
Any violation of these Terms may result in civil or criminal liability, and Wscripted may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use the Platform. Wscripted reserves the right to terminate or move material, information, messages or communications that, in Wscripted 's sole discretion, may be illegal, or that may subject Wscripted to liability or that may violate these Terms.
Wscripted may investigate any suspected or alleged violation of these Terms, and cooperate with the law, law enforcement authorities and/or third parties in such investigation.
3. Account.
Users are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections). You are responsible for anything that happens through your account unless you close it or report misuse. It is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. Be sure to sign off when finished using a shared computer.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. literary or artist agent or manager), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
4. Prohibited Use.
Wscripted does not permit or tolerate any illegal, abusive, harmful or improper use of the Platform or any use of the Platform that interferes with other Users' enjoyment of the same. If you believe that you have been a victim of any such conduct that is described below, please email to [email protected]. Without limiting the generality of the foregoing, Wscripted specifically prohibits the following activities:
(a) Collecting, storing, posting, transmitting or soliciting any unlawful, harassing, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, profane, racist, discriminating or otherwise objectionable or offensive material, information, message or communication;
(b) Posting, uploading, downloading, soliciting, or otherwise copying, diplaying or distributing any material that would in any way infringe upon or otherwise violate a third party’s intellectual property rights;
(c) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that violates, or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations, and the Computer Fraud and Abuse Act (or any of its state-law equivalents);
(d) Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent;
(e) Collecting, storing, posting, transmitting or soliciting personal information about children under the age of 16, except that the foregoing limitation on posting personal information shall not apply to fictional information included in a provided literary work, as well as non-fictional information so long as the applicable child’s guardian has expressly consented to such inclusion;
(f) Interfere with the operation or any user’s enjoyment of the Platform, including by collecting, posting, transmitting or soliciting harmful computer software viruses, codes, files or programs;
(g) Falsifying User information;
(h) Making fraudulent offers to sell or purchase, or conducting any type of financial scam such as "pyramid schemes," "ponzi schemes," or "chain letters";
(i) Sending email with charity requests, petitions for signatures, or any chain mail related materials, other than for donations for causes that have been pre-approved by Wscripted;
(j) Sending unsolicited email that could be expected, in Wscripted 's sole discretion, that may provoke complaints;
(k) Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email;
(l) Forging email headers, using invalid or non-existent domain names or other means of deceptive addressing in email;
(m) Relaying email in an anonymous fashion, relaying email from any third party's mail servers without that third party's permission, or using similar techniques to hide or obscure the source of the email;
(n) Adding, removing or modifying identifiable network header information in an effort to deceive or mislead;
(o) Impersonating or attempting to impersonate any person by using forged headers or other identifying information;
(p) Doing or attempting to do anything that adversely affects the ability of other Users to use the Platform or the Internet, including, without limitation, "denial of service" attacks against another system or network host or another User;
(q) Hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;
(r) Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;
(s) Reselling or attempting to resell any aspect of the Platform without Wscripted 's prior authorization;
(t) Using any aspect of the Platform to violate another Internet service provider's acceptable use policy and/or terms of service;
(u) Using data “bots” or other hard- or software devices for data scraping or other activity on or in connection with the Platform; and
(v) Any other uses of any aspect of the Platform that Wscripted determines, in its sole discretion, are illegal, abusive, harmful or improper.
5. Subscription Fees and Payments.
Subscription Fees may be owed by Users, on the cadence and at the rates set forth on the Site, (i) upon your upgrade to a premium account for storyteller Users (ii) upon your completion of your account registration for decisionmaker Users (unless you have registered for a free trial). Your subscription will continue and renew automatically, unless terminated by Wscripted or until you click the (i) “Cancel premium account” button for storyteller Users, (ii) "Cancel my account" button for decisionmaker Users, located on the Site. If there are any annual, monthly, or similar periodic fees for your subscription (including any applicable taxes and foreign exchange fees), these fees will be billed automatically to the credit card designated during the (i) premium upgrade process for storyteller Users (ii) registration process for decisionmaker Users for the Site or subsequently designated by you to Wscripted, at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your Wscripted ID and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges (including any applicable taxes and foreign exchange fees) are nonrefundable. Wscripted may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges (including any applicable taxes and foreign exchange fees) incurred in connection with your Wscripted ID and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to Wscripted. If you want to designate a different credit card or there is a change in credit card validity or expiration date, please access your "Account Settings" tab to update your account. You also are responsible for any fees or charges incurred to access the Site through an Internet access provider or other third party service. YOU, AND NOT WSCRIPTED, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
6. Payment Methods.
If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you. We will continue to bill you for the relevant subscription service until cancelled. If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use the “Account Settings” page to update your designated payment method(s).
7. Rights in Your Content.
Wscripted respects the intellectual property rights of others, and endeavors to offer a platform, which contains no content that violates a person’s rights. The Content you share, upload, transmit, or send to the Platform, or otherwise provide us, may be protected by intellectual property laws, and you are solely responsible for that Content. You hereby represent and warrant that you solely and exclusively own all the rights to such Content, and/or, with respect to any such Content that you do not solely and exclusively own, you possess valid and continuing rights, pursuant to a written agreement, to grant us all the rights to use the Content as set forth in these Terms. You further hereby represent that no use of this Content by us will infringe, misappropriate or otherwise violate any rights of a third party.
Nothing in these Terms assigns to us any of your rights to this Content. However, whenever you provide us with Content, you grant us a non-exclusive, transferable, sub-licenseable, royalty-free, and worldwide license to host, use, distribute, watermark, run, copy, publicly perform, store, display, evaluate or review (or, for clarity, have a third party do the same), translate, and create derivative works such as translations, editorial revisions, annotations of such Content, in each case, in connection with our provision of a Service to you, other Users, or any other person who accesses our Platform.
Additionally, we may use your Content, and personal information, to develop certain Wscripted proprietary technologies, such as Artifical Intelligience (AI) system and other machine learning systems, in order to enhance the Platform. The license you grant us in this Section 7 also permits us to use your Content and personal information to modify and enhance such proprietary technologies, and you acknowledge that you have no rights of any kind to these proprietary technologies, including by virtue of our use of your Content or personal information to make any modifications or enhancements of such proprietay technologies. We always appreciate your feedback and other suggestions about the Platform. We may use such feedback without any restriction or obligation to compensate you, and we are under no obligation to keep the feedback confidential.
8. Use of Content.
Rights in and Use of the Wscripted Platform: Other than with respect to Content which you have shared, uploaded, transmited or sent to the Platform, or otherwise provided us, Wscripted (or other Users, as applicable) owns all rights in the Platform, including the Site and any provided Content, including all text, videos, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, as well as the “look and feel” and arrangement of displayed Content. Your use of the Platform shall not grant you any claim of ownership over any of the foregoing, and you agree to comply with all applicable copyright and trademark laws. Except as expressly authorized by Wscripted and as is set forth below for Decisionmakers, you may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any aspect of the Platform, including any Content (other than Content you provided us as further described in Section 7 above), for any purposes, through any means or on any form of media, The retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, database or directory of similar Content, without the prior written permission of Wscripted is prohibited. You may not modify, transmit, participate in the sale or transfer of, or recreate derivative works based on any Content, in whole or in part. Use of any Content for any purpose not expressly permitted in these Terms is prohibited. Wscripted reserves the right, at any time and in its sole discretion, to remove or block, disable or deny access to edit or modify any Content.
To the extent that you have shared, uploaded, transmited or sent to the Platform, or otherwise provided us with Content, the following additional terms apply :
You acknowledge that ‘ideas’ are not protected by copyright law, that content you post or submit to the Services may be similar to Content posted or submitted by other users or independently developed by or in the possession of Decisionmaker Users, that there are omnipresent possibilities of adaptation of user Content, and that Wscripted lacks responsibility for such adaptations. However, in the event that you believe you have a legal claim against another User or third party relating to their use of any Content you post or submit to the Services, including but not limited to infringement of your copyright or other proprietary rights in your Content, you expressly waive your right to bring any claims against Wscripted as a direct or contributory infringer of those proprietary rights or any other rights you believe to have been infringed by the other User(s) or third party/ies. You further agree that no contract or obligation of any kind, either explicit or implied in fact, exists between you and Wscripted as a result of its review or ratings of your Content, or discussions with you about such Content, other than as specified in these Terms.
In addition, you agree that your participation in the Service and review of your submitted Content by Decisionmaker Users does not create an agreement or contract, either explicit or implied in fact, between you and any Decisionmaker to pay you for the use of story ideas (or other non-copyright-protected elements) contained in your Content, and you expressly waive your right to bring any claims against Wscripted or any Decisionmaker User related to the breach of any such alleged agreement or contract. You acknowledge and agree that your remedy as against such Decisionmakers shall be limited to those rights protected under the copyright laws of the United States, 17 U.S.C. § 101 et seq., and that such rights shall not extend to material (i) already under consideration by a Decisionmaker User at the time of your submission or (ii) independently developed by a Decisionmaker User at any time
To the extent that You are a Decisionmaker, the following additional terms apply :
You may print or download a single copy of Content included on the Site, solely for your personal, non-commercial use, provided that you keep intact all copyright, trademark, service mark and other proprietary rights notices contained in or accompanying such Content. You agree that you will not use any Content submitted by a User and reviewed by you without the prior authorization of such User, memorialized in a written agreement between you and the User. However, this paragraph shall not apply to the use of material already in your possession or independently developed by you prior to your review of a Storyteller submission on Wscripted. You agree that your provision of any feedback or ideas to a User through the Platform, does not, on its own, create an agreement or contract, either explicit or implied in fact, between you and the User to pay you for the use of such feedback or ideas, and you expressly waive your right to bring any claims against Wscripted related to the breach of any such alleged agreement or contract.
9. Use of Software.
The use of any software provided on Wscripted 's web site ("Software") is subject to the following additional terms and conditions: (a) the Software is licensed for your private, non-commercial use only; (b) all rights, title and interest in and to the Software, including, without limitation, any copyrights and other intellectual property rights, shall remain with Wscripted and/or its licensors; (c) except as expressly permitted in by law you may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse-engineer, decompile or disassemble the Software, or disclose the Software or any underlying information or technology to any third party; (d) you may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software; (e) you may not remove, erase, modify or tamper with any copyright, trademark, service mark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software; (f) you may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with all U.S. export control laws and regulations; (g) by using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; (h) you acknowledge that Wscripted provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk; (i) you acknowledge and agree that the Software is provided "AS IS" and "AS AVAILABLE," without warranties or conditions of any kind and to the extent permitted by law, Wscripted disclaims all warranties, express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement or any warranties arising out of course-of-dealing, usage, or trade; (j) in no event shall Wscripted be liable for any direct, indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business, goodwill or opportunity) arising from or in connection with your use or misuse of the Software; (k) as a condition to your use of the Software, you agree to defend, indemnify and hold Wscripted and any of its subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses arising from or in connection with your downloading, use or reproduction of, and/or your receipt or transmission of any material through, the Software; and (l) Wscripted reserves the right, in its sole discretion and at any time, to modify or discontinue the Software, limit, terminate or suspend your use of the Software, and/or assess charges for the use of the Software in the future.
10. Wscripted Service Marks.
"Wscripted Service Marks" means all names, marks, brands, logos, designs, trade dress and other designations that Wscripted uses in connection with its web site and app. You may make reference to Wscripted Service Marks, but only if your reference is truthful and not misleading and complies with the then current Wscripted Service Marks policies. You may not remove or alter any Wscripted Service Marks. You acknowledge Wscripted 's rights in Wscripted Service Marks and agree that any and all use of Wscripted Service Marks shall inure to the sole benefit of Wscripted. You agree not to incorporate any Wscripted Service Marks into your marks, names, logos, domain names, links or designations. Any names, marks, brands, logos, designs, tradedress or other designations used on the Site, other than the Wscripted Service Marks, are the property of their respective owners.
11. Third Party Sites.
Wscripted provides links to third party sites for your convenience only. Wscripted does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third party sites. You acknowledge that you access and use such third party sites solely at your own risk. You acknowledge and agree that under no circumstances will Wscripted be liable in any way for any information or material contained in any third party sites linked to or from its site. Wscripted is not liable or responsible, directly or indirectly, for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third party sites.
12. Digital Millennium Copyright Act.
If you believe that your content has been used in a way that constitutes copyright infringement, you may contact our Designated Agent to provide a written notice:
Copyright Agent Wscripted Inc
3537 36th St, Queens, NY 11106, USA
You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. While Wscripted considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Wscripted has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Wscripted or others.
13. DISCLAIMER OF WARRANTIES.
ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, ALL SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. WSCRIPTED DOES NOT WARRANT OR GUARANTEE THAT ALL INFORMATION IS ACCURATE, RELIABLE OR CORRECT; THAT ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. PROTECTING THE SECURITY OF YOUR PERSONAL INFORMATION THAT YOU SHARE WITH WSCRIPTED IS OF THE UTMOST IMPORTANCE TO WSCRIPTED. UNFORTUNATELY, HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. AS A RESULT, WHILE WSCRIPTED STRIVES TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO OR FROM OUR SITE, AND YOU DO SO AT YOUR OWN RISK. YOU ASSUME ALL RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE.
14. LIMITATION OF LIABILITY.
IN NO EVENT SHALL WSCRIPTED OR ANY OF ITS SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS, GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH OUR USE OF ANY PERSONAL INFORMATION OR OTHER DATA PROVIDED BY YOU AS WELL AS YOUR USE OR THE MISUSE (BY YOU OR OTHERS) OF ANY SERVICE OR CONTENT, REGARDLESS OF WHETHER OR NOT WSCRIPTED OR ANY OF ITS SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY EVENT, WSCRIPTED’S AND ITS SUBCONTRACTOR'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF OR INABILITY TO USE ANY SERVICE OR CONTENT SHALL NOT EXCEED THE AMOUNT OF [US$25.00] OR ITS EQUIVALENT. 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.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE NEW YORK CIVIL CODE WHICH READS AS FOLLOW : «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR ». YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS HEREUNDER.
15. INDEMNIFICATION OF WSCRIPTED.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WSCRIPTED AND ITS SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS AND SUBCONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' AND ACCOUNTING FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SITE; (II) YOUR VIOLATION OF THE TERMS OR ANY APPLICABLE LAW OR REGULATION; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD PARTY. WSCRIPTED RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH WSCRIPTED IN ASSERTING ANY AVAILABLE DEFENSES.
16. International Use.
Wscripted makes no representation or warranty that all Services and Content are appropriate or available for use in locations outside of the United States. Accessing any Service or Content from territories in which such Service or Content is illegal is prohibited. You acknowledge and agree that if you choose to access any Service or Content from any locations outside the United States, you do so on your own initiative and at your own risk, and are solely responsible for compliance with local laws.
17. Termination.
If you violate these Terms, your permission to use the Platform will automatically terminate. In addition, Wscripted in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Platform at any time, with or without notice to you. You may terminate your account at any time by contacting Wscripted at [ [email protected] ]. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Wscripted may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
18. Modification of the Site.
Wscripted reserves the right to modify or discontinue, temporarily or permanently, some or all of the Platform at any time without any notice or further obligation to you. You agree that Wscripted will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Platform.
19. Governing Law.
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Subject to Section 21, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Wscripted agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within the State and City of New York, for the purpose of litigating all such disputes.
20. Dispute Resolution by Binding Arbitration.
In the event that a dispute arises pursuant to your use of the Platform and/or otherwise in connection with the terms of these Terms, it is agreed that all such disputes shall be resolved through binding arbitration as set forth fully below. As you likely know, arbitration is a process by which both parties to a dispute agree to submit the matter to a judge or other arbitrator who has expertise in the area and to abide by the arbitrator’s decision. In arbitration, there is no right to a trial by jury and the arbitrator’s legal and factual determinations are generally not subject to appellate review unless the parties provide otherwise in writing. Rules of evidence and procedure are often less formal and rigid than in a trial before a court or jury. Arbitration may result in a decision much more quickly than proceedings in court, and the attorneys’ fees and costs incurred by both sides may be substantially less. Because by agreeing to arbitrate you will be giving up the right to a jury trial and other rights, we encourage you to discuss the advisability of arbitration with other counsel or any of your other advisors and to ask any questions of us or them that you may have.
It is agreed that any and all disputes, claims or controversies that cannot be resolved informally through discussion arising out of or relating to these Terms or the Platform, including but not limited to those relating to our membership fees or the quality or appropriateness of our services, will be resolved by final and binding arbitration before ADR Services, Inc. (“ADR”), conducted in accordance with the New York Arbitration Act. The arbitration will be conducted at a location determined by the arbitrator in New York, New York and shall be administered in accordance with ADR’s Arbitration Rules (a copy of such rules is available for review at http://www.adrservices.com/services/arbitration-rules/). In rendering the award, the arbitrator shall determine the rights, obligations and defenses of the parties according to the substantive and procedural laws of New York, which shall be deemed to include, without limitation, application of any statute of limitations defense relating to “actions” between parties. The New York Discovery Act will apply to the arbitration. The arbitrator shall have no power to commit errors of law or legal reasoning, and the arbitration award may be vacated or corrected by a court of competent jurisdiction for any such error. Judgment on any arbitration award may be entered by any court of competent jurisdiction.
BY USING THE SERVICES AND CONTENT PROVIDED THROUGH WSCRIPTED, YOU ACKNOWLEDGE AND CONFIRM THAT YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, AMONG OTHER THINGS, YOU ARE GIVING UP (I) THE RIGHTS TO A JURY TRIAL AND (II) VIRTUALLY ANY RIGHT TO APPEAL THE AWARD OF THE ARBITRATOR, EXCEPT AS SPECIFIED ABOVE.
21. General.
22. Notice to California Residents.
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service
Last updated: February 1, 2021
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