Terms of Use
The Gist:
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We, at Ink & Sword, run a literary writing platform called inkandsword.wixsite.com/inkandsword and would love for you to use it. Our service is designed to give you as much control and ownership over your work, which goes on our website/magazine, as possible and encourage you to express yourself freely. However, be responsible in what you send to us to publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your content. As used herein, the term “Site” refers to the inkandsword.wixsite.com/inkandsword website, mobile-optimized versions of the web site, and digital applications to which this Terms of Use is linked.
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Use of Content
This Site and any and all content on or available throughout the Site, including but without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, “Content”) is owned by Ink & Sword (I&S), its licensors or content providers. I&S authorizes you to view or download on one computer a single copy of the material on this Site solely for your personal, non-commercial use if you include the following copyright notice: “Copyright © Ink & Sword. All Rights Reserved.” and all other applicable copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items provided on this Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The Content is protected by copyright under both foreign laws and international treaties. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws or the rights of third parties. Content and features are subject to change or termination without notice at the editorial board’s discretion of I&S. All rights not expressly granted herein are reserved to I&S and its licensors. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
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Children’s Privacy
I&S is committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children younger than 13. I&S does not collect personally identifiable information from any person it actually knows is a child younger than 13.
Limitation on Liability of I&S
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When using the Site, information will be transmitted using a medium that is beyond the control and jurisdiction of I&S and its suppliers. Accordingly, I&S assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site.
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This Site and the Content are provided on an “AS IS” basis. I&S AND ITS AFFILIATES AND LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. I&S, ITS AFFILIATES AND LICENSORS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this Site or any Web site with which it is linked. Price information and promotions are subject to change without notice. Without limiting the foregoing, I&S and its affiliates and licensors make no representations or warranties about the following:
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The software, text, graphics, links, or communications provided on or through the use of this Site or related material from I&S.
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The satisfaction of any government regulations requiring disclosure of information on any products (e.g. prescription drugs) with regard to the Content contained on this Site.
In no event shall I&S, its affiliates, licensors, suppliers, or any third parties mentioned on this Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content, or damage to your computer system due to viruses or other defects, whether based on warranty, contract, tort or any other legal theory, whether or not I&S is advised of the possibility of such damages. I&S is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Communities (as defined below) or for any other breach by you of these Terms of Use. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
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User Submissions
By voluntarily submitting information, communications, or content (including photos, videos, personal stories, anecdotes and jokes) (each, a “Submitted Item”) to this Site you agree that such submissions are non-confidential for all purposes and you grant I&S an irrevocable, exclusive, perpetual, worldwide, royalty-free, right and license to display, publicly perform, reproduce, publish, distribute, and otherwise commercially use your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. By submitting material to us, you represent and warrant that you have full authority to grant the rights set forth above and that your material will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant that you have attained the legal age of majority in your country/state/province. Parent or guardian must submit on behalf of any minor. The submission of any Submitted Item in no way creates any obligation or duty on the part of I&S to post or use such Submitted Item. We may contact you via our social media or email channels for submissions and more.
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Advertisements and Links to Other Sites
I&S does not endorse the content on any third-party Web sites. I&S is not responsible for the content of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, and does not make any representations regarding their content, accuracy or non-infringement. I&S does not endorse any product advertised on this Site. Your use of third-party Web sites is at your own risk and subject to the ‘Terms of Use’ for such sites. You should be aware that both the terms of use and the privacy policies of linked sites may differ from those of I&S.
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Indemnity
You agree to defend, indemnify and hold harmless I&S, its affiliates and licensors, and the directors, employees, agents, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, your submissions to the Site, your violation of any rights of another, or your use of any content on or accessible through the Site.
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Intellectual Property.
This Agreement does not transfer from I&S to you any I&S or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with I&S. I&S, Ink & Sword, inkandsword.wixsite.com/inkandsword, the inkandsword.wixsite.com/inkandsword logo, and all other trademarks, service marks, graphics and logos used in connection with inkandsword.wixsite.com/inkandsword or our Services, are trademarks or registered trademarks of I&S. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any I&S or third-party trademarks.
General
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation on Liability of I&S and Its Licensors, User Submissions, Indemnity, General, Jurisdiction, Intellectual Property, Fees and Payment and Complete Agreement.
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Complete Agreement
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Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use constitute the entire agreement between you and I&S with respect to the use of this Site, and Content.
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Thank you for your cooperation. We hope you find this Site helpful and convenient to use. If you have questions or comments regarding this Site, please go to https://inkandsword.wixsite.com/inkandsword to contact us.
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Copyrights © 2018 Ink & Sword. All Rights Reserved.
Written with given permission in reference to Reader’s Digest Terms of Use