Terms of Use
Definitions:
“Company” means Wordwoman Creative, Inc. and its representatives, agents, directors, officers, employees, affiliates, contractors, interns, licensors, successors, and assigns.
“Site” means Wordwomancreative.com, as well as all of Wordwoman Creative, Inc.’s social media accounts, email lists, public boards, groups, and other channels.
“You” refers to you, as a visitor to the Site.
“User Content” means any content you submit on the Site, including but not limited to blog comments, comments on the Site, and reviews.
“Agreement” and “Terms” mean these Terms of Use.
Agreement:
By using the Site, you agree to these Terms of Use, which are legally binding on you. You are required to read these Terms of Use before using the Site.
No Substitute for Professional Advice: The information provided on Company’s website, social media, and other channels is provided for educational purposes only and does not act as a substitute for professional advice. You understand that the information provided on Company’s website, social media, and other channels is not to be used as a substitute for professional advice by legal, mental, medical, or other qualified professional and will seek independent professional guidance for such matters.
Age Requirements: By viewing the Site, you represent that you are over the age of thirteen (13). Company does not knowingly collect personal information or data from visitors under thirteen (13) years of age, and you may not purchase Company’s services if you are under the age of thirteen (13).
User Content License: By submitting User Content, you grant Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license (with right to sublicense) to use, publish, copy, adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately display and perform, incorporate into other works, prepare derivative works of, bring actions for infringement of, and otherwise use and exploit your User Content in any and all media or distribution methods now known or later developed. This license includes the right to provide the User Content to our third-party partners for distribution, publication, syndication, and broadcast on other media, devices, and services subject to our terms and conditions for the use of such User Content. Additionally, you irrevocably waive any claims of moral rights or attribution regarding your User Content. You represent and warrant that you have all rights, power, and authority to grant all the rights pertaining to User Content as stated in these Terms. Company may remove any User Content it deems inappropriate or in violation of these Terms.
You will always maintain ownership of the User Content you submit. However, Company shall have the right to display any User Content and make various changes to it as are necessary in providing Company’s Services and to conform to the needs of different media, devices, services, and computer networks. At no time will you be entitled to any compensation for this license.
You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Company or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Company takes no responsibility and assumes no liability for any comments posted by you or any third-party.
Use of Your Testimonials: If you leave a review on any of Company’s channels or any third-party sites, you give Company permission to use any review you submit for advertising and marketing purposes. Company may also identify you by first and last name or username when using your review for advertising and marketing purposes.
Use of This Site/Acceptable Use Policy: In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:
1. For any unlawful purpose;
2. To solicit others to participate in any unlawful acts;
3. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. To infringe upon Company’s intellectual property rights or the intellectual property rights of others;
5. To harass, abuse, harm, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. To submit false or misleading information or content;
7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
8. To collect or track the personal information of others;
9. To spam, phish, pharm, pretext, spider, crawl, or scrape;
10. For any obscene or immoral purpose; or
11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
Enforcement of Acceptable Use Policy: Company may terminate your use of the Site or any related website for violating any of these prohibited uses. If you violate these Terms or otherwise create liability, loss, or damage for Company, Company’s Site visitors, or a third party, Company may review and investigate your use of the Site and to take any appropriate action against you which Company determines is necessary in its sole discretion. Such action may include, but is not limited to, restricting your account privileges or terminating your account, initiating proceedings to recover any losses, removing your User Content, and reporting you to law enforcement authorities.
Payment Terms, Refund Policy, and Chargebacks: If you purchase any products or services on the Site, you agree to allow Company to charge you via the payment method of your choosing. You also authorize Company to share your personal information and payment information with all third-party vendors necessary to complete the transaction (including Company’s website provider and payment processors). Company does not accept chargebacks and reserves the right to report any chargebacks to credit reporting agencies.
Intellectual Property and Your Limited License: Company owns all the copyrights to the content on the Site. You may not republish, reproduce, distribute, modify, duplicate, copy, sell, or display any element of the Site to anyone for any purpose without written permission of Company. Doing so is a violation of copyright law, and Company will prosecute it to the full extent of the law.
Assumption of Risk, Limitation of Liability, and Release of Claims: You have chosen to use the Site, and you assume full responsibility for your use of the Site. In exchange for being permitted to view the Site and the information shared by Company, you knowingly, voluntarily, and expressly waive any claim you may have or may acquire against Company for any injury, condition, or damages you may sustain as a result of using the Site other than those resulting from gross negligence or willful misconduct on part of Company.
Company does not guarantee, represent, or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. You agree that Company may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your own risk. The Site is provided without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Company shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site, or for any other claim related in any way to your use of the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site or Company. Company’s liability shall be limited to the maximum extent permitted by law.
Company does not warrant that that the Site, links, or the servers that make them available are free of viruses or other harmful components. Company shall not be liable for any damages that result from the use of or inability to use the Site or links.
Your Personal Information and Privacy: Any personal information or other data submitted by you through your use of the Site is subject to our Privacy Policy .
Third-Party Links: The Site may link to other sites. Wordwoman Creative is not responsible for the content or privacy practices of such other sites.
Errors and Omissions: At times, the Site may contain errors, including typographical errors, inaccuracies, or omissions. Company may correct those errors, inaccuracies, or omissions, and may change or cancel any purchase made subject to those errors, inaccuracies, or omissions at any time.
Indemnification: You agree to indemnify, defend, and hold harmless Company from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or your violation of any law or the rights of a third-party.
Attorneys’ Fees: In the event of any dispute between the parties concerning the terms and provisions of this Agreement, or an action for damages arising from this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
Governing Law: Any and all claims or causes of action related to the enforcement of this Agreement and any claims for damages that may arise from the performance of this Agreement (whether based in contract, tort, or statutory) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution, or performance of this agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the laws of the federal and state courts in Fulton County, GA, in the United States of America, including its statutes of limitations, regardless of this Agreement’s place of execution and place of performance.
Severability: Any provision of this Agreement which is held to be void or unenforceable shall not invalidate the remaining provisions of this Agreement.
Headings: The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Entire Agreement: This Agreement, together with the terms and conditions, constitutes the entire Agreement between the parties with respect to the scope of services and subject matter herein. It supersedes any prior agreements and understandings between the parties.
Changes to Terms of Use: You can review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Contact Information: Should you have any questions, concerns, or issues with the contract templates. contact blythealpern@wordwomancreative.com.