Vincere Inc. D/B/A Write To Glow
Last Updated on September 25, 2017.
These terms and conditions (the "Terms") govern your access to and use of Vincere Inc. D/B/A Write To Glow’s website and 3rd party mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Write To Glow. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
A. Parties. "You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses,
browses, crawls, scrapes, or in any way uses the Site. "We", "us", and "our" refer to Write To Glow.
B. Content. "Content" means alerts, emails, text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as suggestions, recommendations, opinions, user name, pictures, images or any other information that you publicly display. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Write To Glow Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Write To Glow or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Write To Glow Content.
2. CHANGES TO THE TERMS OF SERVICE. We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis, because revised versions will be binding on you. Any such modification will be effective when we post the new Terms to our Site. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification.
3. USING THE SITE
A. Eligibility. You may not access or use the Site if we have previously banned you from the Site.
B. Permission to Use the Site. We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. Communications from Write To Glow. By providing contact information, you agree to receive certain communication in connection with the Site. For example, you might receive a blog or an appointment alert, among others.
E. Ownership. We own the Write To Glow Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Write To Glow Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Write To Glow Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Write To Glow Content are retained by us.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You agree not to, and will not assist, encourage, or enable others to:
i. Violate the Terms;
ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Write To Glow;
iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
iv. Reverse engineer any portion of the Site;
v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
vi. Record, process, or mine information about other users;
vii. Reformat or frame any portion of the Site;
viii. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively,"Viruses");
ix. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
x. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
C. The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law).
6. GUIDELINES AND POLICIES
A. Content Guidelines. You represent that you have read and understood our Terms of Service.
7. SUGGESTIONS AND IMPROVEMENTS. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
8. THIRD PARTIES. The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
10. INDEMNITY. You agree to indemnify, defend, and hold Write To Glow, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Write To Glow Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Write To Glow reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Write To Glow. Write To Glow will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF WRITE TO GLOW AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "WRITE TO GLOW ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE WRITE TO GLOW ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE WRITE TO GLOW ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR
DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF WRITE TO GLOW.
B. THE WRITE TO GLOW ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY. ACCORDINGLY, THE WRITE TO GLOW ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED OR ADVERTISING ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
C. THE WRITE TO GLOW ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED OR ADVERTISED ON THE SITE.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
E. THE WRITE TO GLOW ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE WRITE TO GLOW ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
F. THE WRITE TO GLOW ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
12. CHOICE OF LAW AND VENUE. Nevada law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Write To Glow (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN CLARK COUNTY, NEVADA.
A. You may terminate the Terms at any time discontinuing your use of the Site and “opt out” to all communication.
B. We may suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing the Site, Your Content, Site Content, or any other related information.
C. In the event of any termination, whether by you or us, Sections 1, 5, 6, 10 - 14 of these Terms will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
14. GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
C. The Terms contain the entire agreement between you and Write To Glow regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
D. Any failure on Write To Glow's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
E. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
F. The Terms are not assignable, transferable or sub-licensable by you except with Write To Glow's prior written consent, but may be assigned or transferred by us without restriction. Any assignment that is attempted in violation of the Terms shall be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Last Updated on April 18, 2017.
1. INFORMATION YOU SUBMIT We may store the information you submit to or through the Site. We use the information to fulfill your requests, provide Site functionality, improve Site quality, personalize your experience, display relevant advertising, provide customer support, alert you, back up our systems, allow for disaster recovery, and comply with legal obligations. Among the information you submit to or through the Site, please note:
A. Contacts: You can invite your friends to join the Site by providing their contact information. If you invite a friend to join the Site, we may use and store your friends' contact information long enough to process your requests.
2. INFORMATION WE COLLECT In addition to the information you submit to or through the Site, we also collect and store information from and about you in the course of your use of the Site. We use this information to analyze and track user behavior, personalize your experience, associate it with other information about you, provide enhanced site functionality, and improve the quality of the Site.
A. Activity: We may collect and store information related to you and your use of the Site, such as your browser type, IP address, device identifier, the pages you view, and the date and time of your visit.
A. Service Providers: We outsource our technical support, tracking, reporting functions, payment processing functions, and other services to third parties. We may share information from or about you in aggregate with them so that they can perform their services.
B. Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.
E. Links: The Site may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and we are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
4. SECURITY We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Attn: Privacy Director
Email – firstname.lastname@example.org