Last updated: March 28, 2019
YOUR USE OF THE SITE, OR ANY PART THEREOF, CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU.
If you are using the Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you hereby affirm that you are authorized to represent such person or entity and, in that capacity, you agree that the person or entity that you represent will be bound by these TOU. You further represent and warrant that you are of legal age to form a binding contract, and that no legal reason exists that we should deny you access to the Site.
Because we may modify the TOU from time to time without notice to you, we encourage you to read these TOU from time to time to ensure that you are aware of your current rights and responsibilities. Any changes we make to these TOU will be effective immediately after we post modified TOU, notwithstanding the possibility that you may have a previous version cached on your browser. The TOU that apply are the most recent version of the TOU that appear on a non-cached browser. Your continued use of the Site after changes to these TOU have been published constitutes your binding acceptance of the updated TOU.
If, at any time, these TOU are no longer acceptable to you, you should cease using the Site immediately.
In addition to these TOU, certain services offered for purchase or use through the Site are subject to their own terms and conditions. Please be sure to review the applicable terms and conditions when purchasing or using such services. To the extent that there is a conflict between any terms of these TOU and the terms and conditions specific to such services, the service-specific terms and conditions will govern and control. Certain services provided by Expat Writer and its affiliates are subject to Expat Writer’s General Terms & Conditions, together with one or more of the service-specific supplements.
General Rules of Conduct
Your use of the Site is subject to all applicable local, state, national and international laws and regulations. You agree to abide by all such laws and regulations, including those relating to intellectual property, defamation, privacy, and the transmission or exportation of data.
You agree that you will not do or assist any third party to do, any of the following:
- interfere with another user’s use or enjoyment of the Site;
- other than as explicitly stated herein or as posted elsewhere on the Site, reproduce, distribute, “frame,” “mirror,” “scrape,” republish or retransmit information or content provided by Expat Writer or found on the Site without the express prior written permission of Expat Writer;
- reproduce, distribute, “frame,” “mirror,” “scrape,” republish or retransmit information or content submitted by another user of any Site without the express permission of the owner of the information or content;
- access the Site through an unauthorized interface or in any other unauthorized manner;
- take any action that imposes an unreasonable or disproportionately large load on Expat Writer systems or infrastructure;
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, or in any way make the Site available through any media to any third party;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to access, search, download, retrieve, index or “data mine” any content or data from the Site, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Site;
- interfere with or disrupt the proper working or the security of the Site, or any services or activities conducted on or through the Site, including by “hacking” or defacing any portion of the Site;
- introduce any virus, Trojan horse, time bomb, worm, cancelbot, easter egg or other computer program or programming routine that may damage or interfere with the operation of the Site, any content from the Site, any services or activities conducted on or through the Site, or any system;
- unlawfully intercept any data or confidential or personal information; or
- interfere with or disrupt any network connected to the Site.
You further agree that you will not use the Site to:
- send junk e-mail, chain letters, duplicative or unsolicited messages, advertisements, invitations to participate in “pyramid” schemes, or spam;
- generate revenue for any business or commercial purpose;
- misrepresent (by statement or by omission) your identity, credentials, affiliations or experience, or impersonate any person or entity;
- stalk, threaten, or otherwise harass any person or entity;
- provide material support or resources to, or conceal or disguise the nature, location, source, or ownership of material or resources of, any organization designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
Information & Content, Generally
In the course of using the Site, you may submit or disseminate certain information or content, and you may receive or access information or content submitted or disseminated by others. Such information and content typically falls into one of three categories:
- Personal Information– including personal and professional information about yourself or others.
- Content– material generated by you, Expat Writer (including its customers and contributors), or a third party, that incorporates information, ideas, graphics, icons, descriptions, data, compilations of data, text, hyperlinks, messages, tags, opinions or other expressions of thought, photographs, still and moving images, drawings, video, sound recordings, musical compositions, audiovisual works or other creative expressions or works.
- Account Information – including all information necessary to establish your user account, such as your username and password, contact information and, in some instances, credit card information.
Throughout these TOU, when we refer to information or content “submitted by you” or “submitted by another Site user,” we are referring to any and all types of information and content submitted, posted, uploaded, displayed, performed, transmitted, disseminated, or otherwise made available, whether on, or through, or in connection with the Site, including: (i) in a user account registration; (ii) in a profile; (iii) in communications (such as queries, alerts, advisories, opportunities or responses to any of the same) transmitted to or through the Site; or (iv) in postings (such as forum, chat room, news group, community or message board and blog postings.
When we refer to information or content “provided by Expat Writer,” we are referring to any and all types of information and content submitted, posted, uploaded, displayed, performed, transmitted, disseminated or otherwise made available by Expat Writer on the Site other than information and content submitted by you or another Site user, including information and content provided by our employees, moderators, contributors, suppliers and customers, whether on, or through, or in connection with the Site, including: (i) Site content; (ii) articles contributed by our contributors; and (iii) news releases and other information and content issued by our customers.
Regardless of the manner in which Site content is accessed by you, you hereby agree to abide by these TOU with regard to all information and content submitted by you, as well as all information and content submitted by another Site user, and all information and content provided by Expat Writer.
In addition to generating information about the information or content that you submit, we may also generate information about how you use the Site (e.g., user analytics).
Use of News Releases, Photographs and Related Content
News releases and all photos, videos and any other related multimedia assets (collectively, the “News Release Content”) distributed by Expat Writer on behalf of its customers and posted on the Site may be used for editorial use only, meaning news, factual, educational, public interest, informational and/or historical purposes. News Release Content may not be used for commercial use, meaning advertising, marketing, merchandising, promotional or in any way endorsing goods or services. Except as otherwise provided in these TOU or as otherwise expressly permitted by Expat Writer in advance in writing, News Release Content may not be republished, saved, archived, copied, streamed or redistributed without Expat Writer’s prior written consent. In connection with editorial use of photographs, you must: (i) use each photograph only within the context of the news release with which it was distributed; (ii) include any captions and/or text associated with each photograph, including links, if required in the metadata; (iii) include the credit line set forth in the metadata for each photograph, and if no credit line is included, then provide credit to “Expat Writer,” in either case with such credit appearing immediately adjacent to the News Release Content and in a clear and conspicuous manner comparable to the credit customarily provided to licensors of similar content; (iv) if present, display the copyright notice included in the metadata for each photograph; and (v) follow any other instructions contained in the metadata for each photograph, including without limitation the term of any license period, territory or media restrictions. In connection with editorial use of photographs, you may not: (i) alter, rotate, manipulate, or crop the photograph in any manner that alters the editorial integrity or essential nature of the photograph; (ii) use the photograph in any manner that is obscene, pornographic, defamatory, or otherwise objectionable; or (iii) violate any laws, regulations or industry codes of practice. Expat Writer is not responsible for News Release Content in any way, including without limitation, any copyright, trademark, publicity, privacy, contract or other rights clearance, or the accuracy, timeliness, integrity, quality, safety, appropriateness or other aspect of any information or other content contained therein. You are solely responsible for verifying the accuracy and completeness of News Release Content, and for determining if any permissions are necessary to use the News Release Content, and, if so, for securing those permissions prior to your use of the New Release Content. If you choose to rely on or otherwise use News Release Content in any way you do so solely at your own risk and without any representation or warranty whatsoever from Expat Writer, its affiliates or its service providers.
User Accounts & Account Information
You agree to provide true, accurate, current and complete account information, and to promptly communicate any updates of that information to Expat Writer.
You are responsible for keeping your login credentials confidential. You may not share your username or password with anyone. You may not transfer your registration, username or password to any other person or entity or otherwise permit anyone to access or use your account.
You are solely responsible for any account information submitted, as well as any other activity that takes place on or through your account. Any information or content submitted on or through your account is deemed to have been submitted by you.
If you become aware that your account may have been breached or compromised in any way, you agree to immediately: (i) change your username and/or password, if possible; and (ii) notify us at Tammy(at)ExpatWriter.com.
Information & Content Submitted by You
You agree that you are solely responsible for all information and content that you submit to or through the Site.
You represent and warrant that you will not submit information or content that contains any material that:
- is false, inaccurate, outdated or misleading;
- infringes Expat Writer’s or any third party’s copyright, moral, patent, trademark, trade secret or other proprietary rights, contract rights, or rights of publicity or privacy;
- is defamatory or libelous, including trade libel or product disparagement;
- is threatening, abusive or harassing;
- is vulgar, obscene, offensive, or pornographic, or contains links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- is unlawful, harmful or injurious to others; or
- is otherwise inappropriate to the substance of the discussion or other exchange of information.
You further represent and warrant that:
- you will only submit information and content that is either original and exclusively owned by you, or to which you have obtained all necessary third-party permissions and licenses;
- you will only submit information and content to or for which you have affixed copyright notices and attributed all third party content, as necessary; and
- you have the full and unrestricted power to submit all information and content submitted by you and to convey all rights conveyed in that information and content.
You agree not to submit information or content:
- in violation of a nondisclosure agreement or other obligation of confidentiality; or
- in violation of any law, ordinance, rule or regulation (including those governing export control, securities, unfair competition, insider trading, privacy, intellectual property and false advertising).
You agree that we may, in our sole discretion and without prior notice to you, edit, move, refuse or remove any such information or content, and take any other action permitted under these TOU.
You acknowledge that Expat Writer has no responsibility or liability for the actions of other users of the Site, including actions another user may take or fail to take with respect to information or content that you submit to the Site. Please exercise appropriate caution when posting or communicating any information or content to the Site, or when using any information or content posted, communicated or otherwise submitted by another Site user to or through the Site.
- copy, display, distribute, use, perform, transmit, store and archive information and content submitted by you in Expat Writer’s sole discretion, including without limitation: (i) as directed by your actions and/or instructions; (ii) as necessary to provide customer service; and (iii) as otherwise necessary to provide the functionality of the Site;
- use, in whole or in part, your name, likeness, photograph, image, company name, screen name, e-mail address and/or other identifying information provided or available in connection with content submitted by you;
- access and disclose your account information and any other information and content submitted by you, if required to do so by law or if such action is, in our sole judgment, necessary in order to: (i) comply with legal process; (ii) enforce these TOU; (iii) respond to claims that any information or content violates the rights of any third party; or (iv) protect the rights, property or personal safety of Expat Writer or any third party; and
- incorporate information and content posted by you into compilations, derivative works, and marketing and promotional materials for the Site and for Expat Writer, and publish and otherwise make generally available archives containing the information and content posted by you; any such compilations, derivative works, and marketing and promotional materials may be reproduced, published, performed, displayed and otherwise distributed in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, to any and all third parties without compensation or attribution to you.
Information & Content Submitted by Other Users
Although we may, from time to time, use administrators to monitor the information or content posted by Site users, we cannot and do not monitor or review all information or content that is submitted to or through the Site. Information and content submitted or otherwise provided by users of the Site are the sole responsibility of the user that provided the information or content and you acknowledge that Expat Writer is not responsible for the accuracy, timeliness, integrity, quality, safety, appropriateness or any other aspect of such information or content, for any links, products or services offered, advertised or provided by any user of the Site, or for any actions of any other user of the Site. If you choose to use or rely on such information or content, you do so solely at your own risk and without any representation or warranty whatsoever from Expat Writer, its affiliates or its service providers.
We do not verify, endorse, or vouch for any information or content submitted by Site users, or verify the identity, credentials, affiliations or expertise of Site users. We encourage you to consider carefully the source of all information and content accessed on or through the Site and the factors that may influence or motivate that source, and to be cautious about any and all statements and opinions expressed by Site users.
In using the Site, you accept the risk that you may be exposed to information or content that you find offensive, indecent, dangerous, harmful or otherwise objectionable, and acknowledge that information and content submitted by other Site users are not from and may not reflect the views of Expat Writer.
We recommend that you take reasonable precautions with regard to any information or content from other users of the Site that you choose to download (for example, scanning for viruses), and links that you choose to click through. If you choose to receive, copy or download information or content, or click through links, submitted by another user, you do so at your own risk.
You agree not to republish, upload, post, transmit or distribute information or content submitted to the Site by other users, without the prior written approval of the owner of such information or content.
Links to Third Party Sites
Content available through the Site may contain links to other Internet websites (including links provided by Expat Writer on its own behalf or on behalf of Expat Writer customers). We neither control nor endorse such other websites, nor have we reviewed or approved any information or content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, quality, safety or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. We recommend that you take reasonable precautions with regard to any links that you choose to click through (including any information or content that you choose to download through those links (for example, scanning for viruses)), as you do so at your own risk.
Information & Content Provided by Expat Writer
For the purpose of these TOU, we consider any information or content on the Site that is not submitted by you or another Site user to be information and content provided by Expat Writer. This includes (i) information and content generated, licensed, or otherwise supplied by Expat Writer (including everything from the design elements of the Site to comments, posts and articles contributed by Expat Writer’s moderators and contributors); and (ii) news releases, photographs and other information and content issued by Expat Writer customers.
Expat Writer does not guarantee the accuracy, timeliness, integrity, quality, safety, appropriateness or any other aspect of any information or content provided by Expat Writer. Posted information and data may not be complete, timely or accurate, and should not be relied upon. We will, however, use reasonable efforts to correct any error of fact, timing or omission brought to our attention.
You hereby acknowledge that the views expressed by contributors are their own opinions, not the views of Expat Writer, and that different contributors may espouse conflicting opinions.
You further acknowledge that issuers of news releases, including those with accompanying images and video, are solely responsible for the facts and accuracy of, and for obtaining all rights to, information and content submitted by them for transmission by Expat Writer, and that Expat Writer has no liability therefor.
You acknowledge that while information and content on the Site may relate to public companies, securities, commodities, trading or personal investing, no information or content provided on or through the Site (including opinions expressed by Expat Writer’s moderators and contributors) constitutes a recommendation to buy or sell any particular investment, security, portfolio of securities, or that any transaction or investment strategy is suitable for any particular person. To the extent any of the Site information or content may be deemed to be investment advice, such information is not personalized to the specific investment needs of any particular person. We encourage you to consult an investment professional before making any investment decisions.
Expat Writer‘s Proprietary Rights
Except with respect to information and content submitted by you, as between you and Expat Writer, all information and content provided by Expat Writer, including information and content submitted by Expat Writer’s content suppliers, customers, contributors and moderators, all proprietary elements and aspects of the Site and any proprietary material generated or derived from the same (including software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, information, the compilation of all information and content on the Site, the selection, sequence and “look and feel” and arrangement of items), and all trademarks, service marks and trade names used in association with the Site (individually or collectively, “Expat Writer Materials”), are the exclusive property of Expat Writer. All other trademarks, service marks, trade names, trade dress and logos appearing on the Site are the property of their respective owners.
Except as otherwise permitted herein or by Expat Writer in advance and in writing, you may access and use the Expat Writer Materials, and download or print out a single copy from the Site, solely for your personal, noncommercial use.
Except as expressly permitted herein, you may not reproduce, modify, create derivative works from, display, perform, publish, distribute (including any electronic redistribution or database storage and retrieval), disseminate, broadcast or circulate to any third party (including on or via a third party website), or otherwise use, any Expat Writer Materials, in full, in part, in full text or in abstract, without the express prior written consent of Expat Writer.
You may not alter, delete or conceal any copyright, trademark or other notices contained on the Site, including notices contained within or together with any Expat Writer Materials.
Any unauthorized or prohibited use of the Site, any Expat Writer Materials or other proprietary material may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws and regulations, as well as foreign laws, regulations and treaties. You are solely responsible for determining and confirming your compliance with all laws and regulations applicable to use of Expat Writer Materials in a jurisdiction, including without restriction all laws and regulations applicable to intellectual property rights. Your use of Expat Writer Materials is at your own risk and without any representation or warranty whatsoever from Expat Writer, its affiliates or its service providers.
Inquiries concerning the use of Expat Writer text, photos, images, video, audio and other content should be addressed to Expat Writer, 93 Quercus Avenue, Willimantic, CT 06226.
Expat Writer may from time to time conduct promotions including contests and sweepstakes (“Promotions”). Each Promotion is offered subject to additional terms and conditions, which will be posted or otherwise made available to you.
Removal, Restriction, Suspension, Deactivation & Termination
Expat Writer has the right, but not the obligation, to take any of the following actions at any time without notice to you:
- to refuse or remove any information or content from the Site, in whole or in part;
- to deactivate or monitor your Site user account(s), if any;
- to delete any or all of the information, files or other contents of your user account(s), if any;
- to restrict, suspend, terminate or monitor your access to the Site, or any parts thereof;
- to establish additional or different general policies, guidelines and limits concerning accounts and use of the Site; or
- to use any technological, legal, operational or other means available to us to enforce the provisions of these TOU, including blocking access by specific IP addresses.
We may take any of the above actions for any reason, including: (i) suspicion of a breach or violation of these TOU or incorporated policies, guidelines and limits; (ii) a request by law enforcement or another government agency; (iii) a request by you; (iv) discontinuance or modification of the Site (or any part thereof); (v) to protect the rights, property or personal safety of the third parties; or (vi) in response to technical or security issues or problems affecting the Site.
In addition, if you select a username that Expat Writer deems, in its sole discretion, to be potentially misleading, infringing, obscene, threatening, offensive, harassing, defamatory, invasive of another’s privacy, or is otherwise objectionable or inappropriate, we may, without prior notice to you, change your username or take any of the above-listed actions.
Once an account has been deactivated (for whatever reason), all information, files and other contents stored in that account may be irretrievably deleted without notice to you, and Expat Writer shall have no further obligation to you.
We reserve the right without any liability to you to take whatever actions that we deem necessary in our sole discretion to investigate any suspected illegal and/or unauthorized use of the Site, or any breach of these TOU, and, in addition to those actions listed above, to take appropriate legal action against you, including without limitation seeking civil, criminal and injunctive relief.
You agree that if your Site user account is terminated for any reason, you will not attempt to establish a new account or otherwise post content under any name, real or assumed.
Changes to the Site
We reserve the right to change the Site (including changing or discontinuing any services and functionality offered, in whole or in part) at any time for any reason at our discretion without notice or liability to you.
You hereby agree to indemnify, defend (except as set forth below), and hold Expat Writer, its parent, subsidiaries, affiliates, content suppliers and customers, and its and their respective officers, directors, owners, employees, agents, representatives, vendors, service providers and licensors, and its and their respective successors and assigns harmless from and against any and all liability, loss, damage, judgment, cost and expense (including attorneys’ fees and costs), incurred in connection with any claim, action, or proceeding brought by a third party based upon or arising out of your use of the Site, your use of any Expat Writer Materials, the information or content you submit to or through the Site, or your violation or alleged violation of these TOU or the rights of any other user, person or entity (an “Indemnified Claim”).
Expat Writer reserves the right to assume the defense and control of any Indemnified Claim, and all negotiations for settlement or compromise thereof, and you agree that you will, if and as requested by Expat Writer, fully cooperate with Expat Writer in the defense of any such Indemnified Claim in addition to your other indemnity obligations hereunder.
THE SITE AND ALL EXPAT WRITER MATERIALS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXPAT WRITER, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (THE “EXPAT WRITER PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES (I) WARRANTIES OF TITLE AND NON-INFRINGEMENT, (II) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, (III) WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, TIMELINESS, QUALITY, SAFETY OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE, (IV) WARRANTIES THAT THE SITE WILL BE AVAILABLE FOR USE, UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS OF THE SITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED, (V) WARRANTIES THAT THE SITE (INCLUDING FILES AVAILABLE FOR DOWNLOAD FROM OR THROUGH THE SITE) OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE, OR STATEMENT OF EXPAT WRITER OR ITS AFFILIATES, SUPPLIERS, AGENTS, CUSTOMERS, OR USERS, WHETHER MADE IN THESE TOU, ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SITE AND ANY AND ALL INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL EXPAT WRITER OR THE EXPAT WRITER PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR YOUR USE OF OR RELIANCE ON ANY INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE.
UNDER NO CIRCUMSTANCES SHALL EXPAT WRITER OR THE EXPAT WRITER PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH ANY MISREPRESENTATION OR OTHER BREACH OF THESE TOU BY ANOTHER USER, OR ANY COMMUNICATION, ACTIVITY, BUSINESS DEALING OR TRANSACTION BETWEEN YOU AND ANY OTHER THIRD PARTY.
THE EXPAT WRITER PARTIES SHALL HAVE NO LIABILITY FOR, AND YOU AGREE TO WAIVE ANY AND ALL RIGHTS AGAINST THE EXPAT WRITER PARTIES AND HOLD THE EXPAT WRITER PARTIES HARMLESS IN CONNECTION WITH, ANY CLAIMS RELATING TO (I) ANY ACTION TAKEN OR NOT TAKEN BY THE EXPAT WRITER PARTIES AS PART OF AN INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TOU, AND (II) ANY STEPS TAKEN OR NOT TAKEN BY THE EXPAT WRITER PARTIES IN RESPONSE A CONCLUSION THAT A VIOLATION OF THE TOU HAS OCCURRED OR NOT OCCURRED.
REGARDLESS OF THE FORM OF ACTION, WHETHER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE, IN NO EVENT SHALL THE EXPAT WRITER PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGE OR EXPENSE, INCLUDING LOSS OF BUSINESS, LOST PROFITS OR OTHER ECONOMIC DAMAGE OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY EXPAT WRITER MATERIALS, OR ARISING FROM ANY OTHER CAUSE, EVEN IF THE EXPAT WRITER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGE OR EXPENSE.
Limitation of Liability
THE EXPAT WRITER PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU ON ACCOUNT OF ANY AND ALL CLAIMS AND ACTIONS OF ALL KINDS, INCLUDING TORT, CONTRACT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY ARISING IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY EXPAT WRITER MATERIALS, OR ARISING FROM ALL OTHER CAUSES, SHALL NEVER EXCEED THE GREATER OF THE TOTAL AMOUNT PAID TO THE EXPAT WRITER PARTIES BY YOU, IF ANY, FOR ACCESS TO THE SITE IN THE CURRENT CALENDAR YEAR AND ONE HUNDRED DOLLARS ($100.00).
NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY, NOTHING IN THESE TOU EXCLUDES OR LIMITS THE EXPAT WRITER PARTIES’ LIABILITY FOR ANY CLAIM THAT, BY LAW, CANNOT BE EXCLUDED OR LIMITED.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. See http://loc.gov/copyright/ for the most current statutory requirements.
If you believe, in good faith, that any materials posted on the Site infringe your copyright, please contact us promptly so that we may take appropriate action.
In order for us to respond to your claim of infringement, you (or your agent) must provide us, in writing, with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you believe has been infringed;
- a description of where the infringing material is located or identified on the Site;
- your name, address, telephone number, and e-mail address;
- a statement by you that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner of the allegedly infringed work, an agent of the owner, or the law; and
- a statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright in the allegedly infringed work, or authorized to act on the owner’s behalf.
The above information should be provided to Expat Writer’s agent for notice of claims of copyright infringement, who can be reached by clicking here or sending the requested information as follows:
93 Quercus Avenue
Willimantic, CT 06226
Please note that you will be liable for damages (including attorneys’ fees and costs) if you materially misrepresent the nature of your rights or the nature of the alleged infringement.
It is Expat Writer’s policy to terminate the user accounts of repeat infringers or otherwise take reasonable steps to prevent such users from continuing to post.
General. This Site is created, controlled and operated by Expat Writer in the United States, and is intended for use by residents of the United States, its territories and possessions who are at least 18 years of age or older.
Amendment. Any amendment to these TOU offered by you must be in writing and signed by Expat Writer.
Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You have the right to request that we provide such notices to you in hard copy, and may do so by contacting us at Expat Writer, 93 Quercus Avenue, Willimantic, CT 06226. If you are a California resident, you may have notices e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request that notices be e-mailed. If you do not provide us with accurate information and update it, as necessary, we cannot be held liable for a resulting failure to notify you.
Cumulative Rights. Except as otherwise provided herein, no rights or remedies of Expat Writer in these TOU are exclusive, but are cumulative of all other rights and remedies.
Assignment. The rights and obligation of Expat Writer under these TOU may be assigned or delegated, in whole or in part, by Expat Writer to an affiliate or a third party in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or delegate these TOU, in whole or in part, and any attempt to do so will be null and void.
Choice of Law & Forum. The formation, construction and interpretation of these TOU and all disputes arising out of or relating hereto shall be governed by and construed in accordance with the laws of the State of Connecticut, giving no effect to conflict of law principals. The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded from any interpretation of these TOU. Any dispute relating to these TOU shall be subject to the exclusive jurisdiction of the state and federal courts in Connecticut, U.S.A. The parties agree to submit to the personal and exclusive jurisdiction of these courts, and to waive any objections to jurisdiction, venue or forum.
Construction. In these TOU, unless otherwise specified: (i) “herein,” hereof,” “hereunder,” “hereto,” and similar terms, refer to these TOU as a whole and not merely to the specific section, paragraph or clause in which the respective word appears; (ii) any defined terms may, unless the context otherwise requires, be used in the singular or the plural; (iii) “or” connotes any combination of all or any of the items listed; and (iv) where “including,” “include” or “includes” is used to refer to an example or begins a list of items, such example or list shall not be exclusive.
No Third Party Beneficiaries. Except for Expat Writer’s affiliates, and the suppliers and vendors that support the Site, there are no third party beneficiaries of these TOU.
Headings. Headings and captions contained in these TOU are included for convenience only, and are not intended to define or govern the interpretation of any section or provision hereof.
Waiver. The failure of Expat Writer to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision, and no waiver by Expat Writer of a breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Severability of Terms. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed deleted from the TOU and replaced with a provision that approximates, as nearly as possible, the intent of the offending provision while remaining valid, legal and enforceable. All other provisions of these TOU shall remain in full force and effect.
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