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Virtual Writers Inc.

Terms & Conditions

Published on Wednesday, November 28, 2012 by

Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our Privacy Policy, Copyright Notice, Online Customer/Sales Agreement, Website Usage Policy and Delivery & Refund Policy govern Virtual Writers’ relationship with you in relation to this website. If you disagree with any part of these Terms and Conditions, please do not use our website or our services.

The terms ‘Virtual Writers.’ or ‘VW’ or ‘Company’ or ‘us’ or ‘we’ refers to the owner of the website. The terms ‘you’, ‘your’, ‘User’, ‘Undersigned’ and ‘Subscriber’ as used herein refer individually and collectively to all individuals, entities and their representatives accessing this Site for any reason; including general, non-member users (individually and collectively, ‘Public User(s)’), registered members and/or users (individually and collectively, ‘Member(s)’) and ‘Writer(s)  (defined below).

Website Usage

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the Copyright Notice, which forms part of these Terms and Conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
  • You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the site and by Virtual Writers and/or any of its affiliates, subsidiaries, licensees and assigns is at your sole risk. Virtual Writers reserves the right, in its sole discretion and without notice, to deny access to the sites and/or services to anyone at any time. You acknowledge and agree that Virtual Writers and/or any of its affiliates, subsidiaries, licensees and assigns is not responsible for any materials posted and/or submitted by users of the site and/or service, prior to making any decisions based on information posted on the site and/or service, you are advised to verify the information. Neither Virtual Writers and/or any of its affiliates, subsidiaries, licensees and assigns shall have any liability arising from your acts or decisions based upon the information provided on the site and/or service.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Virtual Writers makes no representations of any kind regarding the content of such third-party websites and you hereby irrevocably waive any claim against Virtual Writers, its affiliates and/or subsidiaries with respect to such websites. You acknowledge and agree that Virtual Writers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Virtual Writers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You agree that any time you access a third-party website that is linked through the Site, you do so at your own risk.
  • Either you or Virtual Writers may cancel or terminate your access to the Site and/or service. Virtual Writers also reserves the right to restrict, suspend or terminate your access to the Site and/or service in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms and Conditions. If Virtual Writers terminates your access to the Site and/or service based on a breach of any portion of these Terms and Conditions, Virtual Writers reserves the right to refuse to provide use and/or access to any services to you in the future. If Virtual Writers terminates your service or you terminate the service you will not be entitled to any refund of any sum you have paid us and Virtual Writers may delete any User Material or other materials relating to your use of the Site and/or service on Virtual Writers servers or otherwise in its possession.  You acknowledge that Virtual Writers shall not be liable to you or any third party for any termination of your access to the Site and/or service.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Virtual Writers reserves the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Any such changes and/or modifications will be effective immediately upon posting and your continued use of the Site following the posting of such changes/modification will constitute your acceptance of the revised Terms and Conditions. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. Your use of our Site and/or purchase of any product and/or service on the Site constitutes your binding agreement and acceptance of these Terms and Conditions, including any modifications that we make.

If you use this site, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Virtual Writers does not sell products to children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Virtual Writers only with involvement of a parent or guardian. Virtual Writers reserves the right to refuse service, terminate accounts, or cancel orders at their sole discretion.

Online Customer/Sales Agreement

This Agreement is a contract between You and Virtual Writers. It sets out the terms and conditions under which You may purchase products online from Virtual Writers. Please read the following terms and conditions carefully before placing your order. By completing the customer application process and using the Virtual Writers Service, You agree to be bound by the Terms and Conditions of this Agreement.

1.   INTERPRETATION.

In these Conditions:

“Agreement” means an agreement between You and Virtual Writers to supply Services and Goods. The Agreement consists of the Order and these Conditions.

“Conditions” means these Conditions and any variations notified through these pages.

“Delivery Address” means the address to which the Services and Goods are to be delivered as stated on the Order.

“Goods” means Goods/Services described in an Order and excludes packaging as trade is conducted over the internet especially via email; thus the use of packaging is unnecessary.

“Intellectual Property Rights” includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.

“Order” means an order by You to purchase Services and Goods from Virtual Writers.

“Product List” means the list of Services and Goods displayed on the Virtual Writers Internet site as amended from time to time.

“Service Fee” means the fee payable to Virtual Writers, in respect of delivery of the Services and Goods and handling costs associated with processing your Order as advised by Virtual Writers from time to time.

2.   THE AGREEMENT

2.1   What is the Agreement?

The entire agreement between You and Virtual Writers for the purchase of Goods/Services by You from Virtual Writers is:

(a)  these Conditions; and

(b)  the terms of the Order.

2.2   When the Agreement is formed

An agreement exists between You and Virtual Writers once:

(a)  Virtual Writers accepts an Order; or

(b)  Virtual Writers receives the Order and does not reject it within fourteen days.

2.3 Each Order is a separate agreement.

2.4   Set-Off

If You owe money to Virtual Writers under one agreement, Virtual Writers may set-off that money against any money that You owe to Virtual Writers under another agreement. If Virtual Writers owes money to You under one agreement Virtual Writers may set-off that money against any money that it owes You under another agreement.

3.  CUSTOMER APPLICATION

3.1   Application to be completed

You must complete a customer application before placing an Order for Services or Goods on Virtual Writers. You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform Virtual Writers if there is any change to this information or data.

3.2   Set up costs

You are responsible for any costs associated with accessing the Virtual Writers site and placing orders for Services and Goods on Virtual Writers including any Internet provider fees.

4.   PURCHASE ORDERS & DELIVERY OF GOODS

4.1 Orders

You will place an Order on Virtual Writers by selecting Goods/Services, completing the application form and pressing the “Submit” button. Orders will be deemed to have been received by Virtual Writers at the time of successful transmission of the Order.

4.2   Delivery of the Services and Goods

Virtual Writers will deliver the Services/Goods to You at the email Delivery Address specified by you, within the time agreed with you, and/or publish on the Site or partner sites.

4.3   Authorized receipt of Goods

Anyone at the email Delivery Address who receives the Services/Goods shall be presumed by Virtual Writers to be authorized to receive the Services/Goods.

4.4 Purchasing Products and Services

Certain products and services provided through the Site may require payment by credit card through the Virtual Writers e-commerce shopping cart and/or through PayPal’s system (which links your bank account, debit card, or credit card to your PayPal account). If you wish to purchase such products and services, you will be asked by Virtual Writers and/or PayPal to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by us in the manner described in our Privacy Policy. You agree that all information that you provide to Virtual Writers will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism such as PayPal) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

In addition to all applicable fees contained herein, in the event that Virtual Writers is unable to charge your credit card or other applicable payment processing company (e.g. PayPal), there is a chargeback for any reason, there are insufficient funds in the account for which a cheque (check) is drawn, or you otherwise fail to promptly pay any applicable charge, you will be subject to a late payment charge equal to the lesser of: (i) one and one-half percent (1.5%) per month accruing from the charge date or invoice date as applicable, or (ii) the maximum amount allowed by applicable law. In addition to the foregoing, Virtual Writers may in its sole discretion immediately suspend or terminate your participation in any or all of the services provided to you. Termination of the Agreement and/or payment of late payment charges shall not prejudice any other rights or remedies that may be available to Virtual Writers with respect to non-payment or late payment of applicable fees.

4.5 Service Fees

If required by Virtual Writers, You shall pay to Virtual Writers the Service Fee (or such other fee as may be specified by Virtual Writers) in respect of each Order.

5.   RISK & TITLE IN THE GOODS

5.1  Risk and Title

Property and risk in the Goods passes to You upon delivery and payment of the Goods to the Delivery Address.

5.2   Returns or Refunds

If at any time You are not satisfied with the quality of the Goods/Services You have purchased, You may contact Virtual Writers via authoressentials@virtualwritersinc.com and a representative will assess your request for a credit of the purchase price.

Credit for any order that you cancel will be applied to your next order.

6.   PRICE OF GOODS & PAYMENT

6.1   Price of Goods

The price of the Goods as shown on the Product List is an indicative price only. The price You will pay for the Goods will be the price applicable at the time the Goods are processed and scanned for your order. Virtual Writers prices are subject to variation on a daily basis.

6.2   Service Fee

You also agree to pay the Service Fee in respect of each Order.

6.3   Method of payment

You agree to make the final payment no later than 14 days from receipt of invoice.

You may use your credit card (Bankcard, MasterCard, Visa), debit card through PayPal. For security reasons Virtual Writers does not accept cash, gift voucher, cheques (checks) or other forms of payment for the Goods/Services.

6.4  Referral Fees

In some cases, Virtual Writers, its affiliates and/or subsidiaries may receive a referral fee from the vendor for making the goods and services available to you. By taking advantage of the offer made available through Virtual Writers, you are agreeing to any such fee arrangement.

7.   PACKAGING & LABELLING OF GOODS/SERVICES

Virtual Writers aims to include in the Product List up-to-date details of the Goods/Services. Virtual Writers does not warrant the accuracy of the information contained in the Product List as prices change, and recommends that You verify the price with authoressentials@virtualwritersinc.com on Goods/Services carefully before consuming the Goods/Services.

8.   LIABILITY

8.1 You acknowledge that Virtual Writers is provided “AS IS” and that Virtual Writers is not making and has not made any warranty or representation as to Virtual Writers suitability for any particular purpose. You agree that in using Virtual Writers You are not relying on any statement or representation made by Virtual Writers which is not expressly contained in this Agreement.

8.2 You agree that any liability of Virtual Writers arising out of or in connection with any breach of any express or implied warranty or condition in respect of Goods or Services supplied to You through use of Virtual Writers (other than a condition or warranty implied by legislation which does not permit Virtual Writers liability to be limited as stated in this clause) will, at the election of Virtual Writers be limited to the replacement of the services or the supply of equivalent services.

8.3 Virtual Writers may use third parties to provide certain services accessible through the Site and/or service. Virtual Writers does not control those third parties or their services, and you agree that Virtual Writers will not be liable to you in any way for your use of such services. These third parties may have their own terms of conditions and other policies.  You must comply with such terms and policies as well as this Agreement when you use these services. If any such terms or policies conflict with Virtual Writers’ Terms and Conditions, agreements or policies, you must comply with Virtual Writers’ Terms and Conditions, agreements or policies, as applicable.

Your participation, correspondence or business dealings with any third party found on or through the Site and/or service, regarding the payment and delivery of related goods or services, publicity, reviews, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Virtual Writers shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

8.4 In no event shall any of the Virtual Writers parties be liable for any direct, indirect, consequential, special, incidental, or punitive damages arising of, based on, or resulting from this agreement or your use of the site and/or service, including without limitation, damages for loss of use, data or profits, with the delay or inability to use the site and/or service, the provision of or failure to provide support services, or for any information, software, products, or services obtained through the site and/or service, or otherwise arising out of the use of the site and/or service, whether based on contract, tort, negligence, strict liability or otherwise, even if Virtual Writers or any of its suppliers has been advised of the possibility of damages.

8.5 You agree that the entire risk arising out of installation, downloading, use or performance of any software remains with You. To the extent permitted by law, You release and discharge Virtual Writers and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Virtual Writers or this Agreement, including, without limitation, loss or damage caused by the negligence of Virtual Writers or its related corporations.

8.6 You hereby agree and understand that Virtual Writers makes no representation or warranties regarding the success of its Members (including but not limited to book sales) or the acceptance by the publishing industry or writing-specific resources of the Member’s work. It is fully understood that Virtual Writers provides only a service of access to the publishing industry and writing-specific resources for the member and that such access is not guaranteed.

8.7 You shall indemnify and hold Virtual Writers, its subsidiaries, affiliates, officers, agents, designees, representatives, successors, assigns, licensees, partners, employees, independent contractors, members (individually and collectively the “Indemnified Parties”), harmless from and against any and all liabilities, losses, claims, costs, demands, damages, and expenses (including attorneys’ fees, court costs and disbursements) arising out of or in connection with a breach or alleged breach of the covenants, warranties and representations contained in this Agreement, including but not limited to your use of the Site and/or service, including posting material on the Site, in violation of these Terms and Conditions, as may be amended from time to time.  You will reimburse the Indemnified Parties on demand for any payment made at any time in respect of which such Indemnified Party is entitled to be indemnified.

8.8 You hereby release Virtual Writers, its affiliates, subsidiaries and licensees, from any and all liability arising out of or in connection with any publicity material, biographical information, pictures, photos, logos, trademarks, servicemarks, videos, or recordings submitted to Virtual Writers by you or on your behalf, including but not limited to any claims of copyright infringement.

9. JURISDICTION

This Agreement shall be interpreted and construed in accordance with the laws of England, Northern Ireland, Scotland and Wales, without regard to any conflict of laws principles. The courts located in England, Northern Ireland, Scotland and Wales will have exclusive jurisdiction of any controversies regarding this Agreement; and, any action or other proceeding which involves such a controversy will be brought exclusively in the courts located within England, Northern Ireland, Scotland and Wales. Your use of this Site indicates your agreement to waive any jurisdictional, venue or inconvenient forum objections to such courts.

Virtual Writers does not represent or warrant that the Site, the Company Materials, the User Materials, or any specific features or services that may be accessible through the Site are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site and the organizations they represent do so on their own initiative and at their own risk, and are responsible for complying with local laws, if and to the extent local laws are applicable. Virtual Writers may limit the availability of the Site and/or specific features or services of the Site with respect to any person, geographic area or jurisdiction we choose, at any time, in our sole discretion.

10. MISCELLANEOUS

This Agreement cannot be changed, amended or modified orally. A waiver by Virtual Writers of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party. The parties hereto agree and acknowledge that the relationship between them is that of independent contractors. This Agreement shall not be deemed to create an agency, partnership or joint venture between you and Virtual Writers and Virtual Writers shall not have a fiduciary obligation to you as a result of your entering into this Agreement. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect. You agree that this Agreement and all incorporated agreements may be assigned by Virtual Writers, in its sole discretion, to a third party. You may not assign this Agreement or any incorporated agreement without the prior written consent of Virtual Writers. This Agreement will be binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the text to which they pertain.

11. ENTIRE AGREEMENT

These Terms and Conditions, in combination with the Privacy Policy, Copyright Notice and any additional terms or conditions set forth in connection with specific services or features made available through the Site, which are incorporated herein by reference, collectively set forth the entire understanding and Agreement between you and Virtual Writers with respect to the subject matter hereof and supersedes all prior written and oral understandings, writings, and representations.  Notwithstanding the foregoing, if a written agreement between you and Virtual Writers exists, your later use of the Site does not invalidate any of the terms of that agreement, and these Terms and Conditions, to the extent not superseded by the terms of that written agreement, are incorporated by this reference into the written agreement, which shall govern the relationship between you and the Virtual Writers according to its terms.

12.   NOTIFICATION OF CHANGES

Virtual Writers may add to, delete, or otherwise change any of the terms of this Agreement without notice. Virtual Writers reserves the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Any such changes and/or modifications will be effective immediately upon posting and your continued use of the Site following the posting of such changes/modification will constitute your acceptance of the revised Terms and Conditions. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. Your use of our Site and/or purchase of any product and/or service on the Site constitutes your binding agreement and acceptance of these Terms and Conditions, including any modifications that we make.

13.   TERMINATION OF AGREEMENT

Virtual Writers may terminate or suspend this Agreement at any time by delivering notice or by sending You a system message advising that your shopping privileges have been removed. If this occurs, Termination of this Agreement shall be effective the day notice is sent or such later date as specified in the notice.

14. NOTICES

Virtual Writers may give notice to You by electronic mail to your address contained in the membership registration information and/or Goods/Services order information or notice posting on the Virtual Writers website. You may give notice to Virtual Writers by electronic mail to authoressentials@virtualwritersinc.com.

15. FORCE MAJEURE

Virtual Writers shall be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.

16.  REPRESENTATIONS & WARRANTIES

You hereby represent and warrant that: (i) you have the power and authority to enter into and perform your obligations under this Agreement and agree to be bound by all Terms and Conditions (including Privacy Policy and Copyright Notice), (ii) you have read and understand the Terms and Conditions, Privacy Policy and Copyright Notice and shall comply with all Terms and Conditions of use of this Agreement, (iii) you have provided accurate and complete registration information, including, without limitation, your legal name, address, telephone number and e-mail address, (iv) you own the content submitted by you on the Site or otherwise have the right to grant the license set forth herein, (v) the posted content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, (vi) all material submitted is the original creation of, or is owned and/or validly licensed by, the registered user and that no other third party has any rights or claims thereto that will impede or restrict the rights herein granted by you to Virtual Writers (vii) the submission of content on the Site will not result in a breach of any contract between you and a third party (viii) you have the proper authorization to (A) place any order for and/or purchase any of Virtual Writers’ products and/or services and (B) submit the material and any other User Material, (ix) you will be responsible for full payment of charges and/or fees by authorizing the use of your credit card and/or other method of payment for payment of charges and/or fees for membership, products and/or services and for any other charges and/or fees which you may incur for products and/or services ordered at or in association with the Site and/or through Virtual Writers, and (x) you will be responsible for and agree to pay all royalties, fees and any other monies owing any person by reason of any User Materials and/or other content you submit on the Site.

You represent and warrant that all User Material, content and materials, submitted by you including, but not limited to, dash pieces, flash fiction, fiction, non-fiction, poetry, excerpts, book covers, book blurbs, book trailers, reviews, podcasts, video performances, photographs, artwork, and all content and materials submitted by you has been created entirely by you or has been cleared by you with any person or entity having rights in same, in advance of submitting said materials to Virtual Writers. You understand and agree that Virtual Writers is relying on your warranties and representations and that it is of the essence of this agreement that you are at all times in compliance with these terms so that the User Materials can be used by Virtual Writers, and others as set forth in these Terms and Conditions freely and without obligation to you or any third parties.

17.   PROVISIONS ARE SEVERABLE

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

18.   LAWS OF ENGLAND, NORTHERN IRELAND, SCOTLAND AND WALES APPLIES

The laws of England, Northern Ireland, Scotland and Wales govern this Agreement.

Delivery & Shipping

Services from Virtual Writers by their very nature do not require shipping. All work is carried out online and through email. When you order a promotional package from us, you will receive a confirmation email within 72 hours with information on the specifics of the campaign, as well as an expected date of completion.

Refund Policy

All sales are final. We do our best to shape a campaign that is specific to your needs and provide support and guidance at all points. We have no doubt you will be thrilled with your purchase.

If at any time you are not satisfied with the quality of the Goods/Services you have purchased, you may contact Virtual Writers via authoressentials@virtualwritersinc.com and a representative will assess your request for a credit of the purchase price.

Credit for any order that you cancel will be applied to your next order.

Copyright Notice

This website and its content is copyright of Virtual Writers © 2007-2014. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

COPYRIGHT, LICENSE, INTELLECTUAL PROPERTY RIGHTS & PROPRIETARY RIGHTS OF COMPANY

1. LICENSE

1.1 User Content

By submitting any content and material to the Site and/or Virtual Writers, including but not limited to photos, bios, reviews, feedback, excerpts of your published material, reviews and/or critiques, any company information etc., (individually and collectively “User Material(s)”), members, each as to themselves hereby grant to Virtual Writers, its affiliates, subsidiaries, assigns, successors, partners, independent contractors and licensees (which such licensees, include but may not be limited to, other members), the non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, worldwide right and license to: (i) use, publicly perform, publicly display, modify (for purposes of formatting, maintenance or website administration only), reproduce, publish, adapt, distribute and translate User Material submitted to the Site and/or Virtual Writers; and/or to otherwise make available such User Material, for use on the Site, in podcasts, audio and/or video blogs, webzines, literary journals, books, or any other digital form or medium whatsoever, whether now known or as may hereafter be developed solely in connection with promotion and marketing of Members or as otherwise agreed herein; (ii) store your content on the Virtual Writers servers; (iii) distribute your content on the Virtual Writers Site to Members, third-parties and through email lists; (iv) distribute, create compilations and derivative works, and publicly display and perform such content in any medium whether now known or hereafter created, so that other users, including Public Users, may see and hear your work as an example of a successful application of this Site and/or service; (v) use User Material and metadata as may be reasonably necessary or desirable for Virtual Writers to exercise rights under this Agreement; and/or (vi) use the name, biography and likeness of you, and other persons performing services in connection with you, for the purposes of trade in connection with promotion, advertising, sale, distribution, and exploitation of the Site. Public Users acknowledge and agree that any content and/or material which they post on the Site are subject to the license described in this paragraph.

Virtual Writers reserves the right, in its sole discretion, to delete or remove your material and/or content from the Site or databases and to restrict, suspend or terminate your access to the Site and/or service, or all or part of the Site, at any time for any reason without prior notice or liability. Your material and profile may be deleted without warning, if it is found that you are misrepresenting your identity, or you submitted, posted, distributed, or reproduced in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights, and/or if Virtual Writers reasonably suspects that you do not have the rights required pursuant to these Terms and Conditions. Virtual Writers may establish general practices and limits on the use of the Site and/or service, including, but not limited to, limits on retention time, file size, and storage space for your content. Virtual Writers shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with the Site and/or service. Virtual Writers may, but is not obligated to, monitor or review (i) any areas on the Site or features of the Site and/or service in which users submit, transmit or post content, and (ii) the substance of any of your content. To the maximum extent permitted by law, Virtual Writers has no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Virtual Writers also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any content. If Virtual Writers terminates your promotional campaign, subscription and/or membership in the service because you have breached the Agreement, you shall not be entitled to a refund of any used or unused portion of membership fees.

2a  Intellectual Property Rights

You acknowledge that Virtual Writers owns all Intellectual Property Rights on Virtual Writers’ sites including processes, code and product lists. You agree that You will make no representation to the contrary, and that You must not use or copy Virtual Writers in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.

You acknowledge that any trademarks or logos which appear on the Virtual Writers site are owned by or licensed to Virtual Writers and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

2b Copyright

You may not submit, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Virtual Writers to terminate membership privileges of any registered user who infringes copyright upon prompt notification to Virtual Writers by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide Virtual Writers with an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 on the Site; your address, telephone number, and email address; a written statement by you 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.

3 PROPRIETARY RIGHTS OF COMPANY

All Material included on the Site is the property of Virtual Writers and/or is licensed to Company, its subsidiaries, affiliates, or suppliers by third parties, members, or Writers which post such material, and are protected by England, Northern Ireland, Scotland, Wales & international copyright laws, and you acknowledge that these rights are valid and enforceable. Company solely and exclusively owns all intellectual property and other right, title and interest in and to the Company services, products and Site, except as expressly provided for in these Terms and Conditions.  You may not remove or obscure any copyright or other proprietary notices contained on the Site or in the Materials. Any unauthorized use or duplication of the Material herein may subject the user to civil or criminal liability.

Privacy Policy

Virtual Writers wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed by you, the customer. If you have any concerns or questions over these policies we invite your feedback.

1. INFORMATION COLLECTION

We collect information on customers and visitors to our site, when they choose to register or place an order with us. To ensure easy shopping and timely product delivery we ask for information including your name, address, email address, phone number and credit card or other payment information (e.g PayPal email address).

All of these are necessary for purchase and quick communication with you about the status of your order.

We also collect information relating to site management including Browser Type, visiting IP addresses, and server information from consumers who write to us about technical problems. In addition, we collect aggregate information on pages visited, and information volunteered by consumers, such as survey information and/or site registrations.

2. INFORMATION USE

Persons and customers who supply us with their telephone numbers online may receive telephone contact from us with information regarding orders they have placed online to ensure quality service.

The information we collect is only used to (1) improve the content of our website, customer service, and provide technical support (2) customize the content and/or layout of our page for individual consumers, and (3) contact consumers about updates to our website and for marketing purposes, and (4) internal record keeping.

This information is not shared with other organizations for commercial purposes. This means we will not distribute, sell or rent your name or personal information to any third party. If you are registered, you may request us to remove your name from our lists at any time.

3. SHARING OF INFORMATION

Virtual Writers may share non-personal, non-individual information in aggregate form with its franchise partners for research or business development purposes. We will not tell any parties that you purchased a specific product, but we may tell them how many customers purchased a product.

4. OPT OUT/UPDATE PERSONAL INFORMATION

Your name will be removed from our email list if you request not to be contacted for future promotions or purchases.

5. POLICY CHANGES AND MISCELLANEOUS INFORMATION

We intend to cooperate fully should a situation arise where we are required by law or legal process to provide information about a customer. Any changes to our Privacy Policy will be posted here.

If a person wishes to monitor changes in this policy, he or she should check this page for updates periodically.

Please contact us at authoressentials@virtualwritersinc.com if you have any questions about our Terms and Conditions, Privacy Policy, Copyright Notice or any of Virtual Writers’ other policies.

Last Updated: 23 November, 2012

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