Terms & Conditions

CRAFT YOUR CONTENT TERMS AND CONDITIONS OF USE

INFORMATION ABOUT US

The internet website Craft Your Content (the “Website”) is operated and managed by Marchative (“we”, “us” or “Craft Your Content”) whose address is PO BOX 821 Seabrook, NH. 03874, United States

We are a website that provides writing and editing services, often on a retained basis, to business owners and entrepreneurs. All work completed will be outlined in the individual Statement of Work (“SOW”) that is sent to our clients. Additionally, we provide valuable content that may help you with any writing or editing pertaining to your business. We can not guarantee results from work completed independently of our agency.

IMPORTANT LEGAL WARNING – WEBSITE CONDITIONS OF USE

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.

INTRODUCTION

Some sections of this Website can be visited by you as a guest, without logging in or registering. Other sections of this Website require you to log-in or register. By accessing any section of this Website, you accept and agree to comply with all of these Terms, as described above.

These Terms apply to your access and use of the Website. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

We reserve the right to change or modify these Terms or any policy or guideline of the Website and the Services we offer at any time. Your use of the Website and the Services will be subject to the most current version of these Terms posted on the Website at the time of your use. Please also note that some of these terms and conditions may be expressly varied, cancelled or superseded by special conditions or notices published in other sections of the Website. We recommend that you check the Website from time to time to inform yourself of any changes in these Terms or any of our other policies.

CHANGES OR DISCONTINUANCE OF THE WEBSITE OR SERVICES

The Services and the Website are evolving and the form and nature of the Services and the Website may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use of the Services at our sole discretion at any time without prior notice to you.

We will use reasonable endeavours to ensure that the information published on the Website is correct, although we in no way give any guarantee with respect to the accuracy and completeness of any information displayed on the Website. Craft Your Content may at any time change the contents, description of the Services and/or other materials and any other aspect of the Website, which may be done without prior notice. It is understood that Craft Your Content undertakes no commitment or obligation to update the material published on the Website.

INTELLECTUAL PROPERTY RIGHTS AND LICENSING CONDITIONS.

Craft Your Content Property

Unless otherwise expressly provided, all copyright and all other intellectual property, property or private rights in the Website and in the material published on the Website (including, by way of example only and not restricted thereto, art-works, photographs, pictures and graphic diagrams) and the Services are the property of Craft Your Content or its licensing agents. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Any use of the contents of this Website not permitted under these terms and conditions is strictly forbidden. If you breach any condition herein you must, at our sole option, immediately return or destroy any material printed or downloaded from the Website.

Limited License

Subject to your compliance with all of the Terms, we grant you a limited, revocable, non-exclusive, non-transferrable license to print or download extracts from the Website for your own personal or commercial use PROVIDED:

• You do not change any document or graphic item of the Website in any way;
• You do not distribute any materials from the Website or publicly display them;
• You do not use any illustrations, photographs, video or audio sequences or any graphic items of the Website separately from the accompanying text;
• You do not modify the paper or digital copies of any materials you have printed or downloaded in any way;
• You acknowledge Our status (and that of any identified contributors) as the authors of material on the Website;
• You include all copyright declarations and the registered trademark declarations, together with this licensing declaration, to each copy extracted from the Website.

Notwithstanding the above, no part of the Website may be reproduced or filed in or linked to or from any other website or included in any system of information filing and search or service provision, without proper citation and credits.

Trademarks

Craft Your Content and other Craft Your Content logos and product and service names (collectively, the “Craft Your Content Marks”) are or may be trademarks of Craft Your Content Inc. Without our prior written permission, you agree not to display or use in any manner the Craft Your Content Marks.

You do not obtain any ownership or other proprietary rights in the extracts or other materials on the Website. Except for the limited license above, we reserve all other rights.

Unauthorized Use

Any use of the Website, the Services or the Craft Your Content Marks other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We have the right to terminate the access by or accounts of users who we believe in good faith to be violating any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

SITE ACCESS

Availability

We shall endeavour as far as reasonably commercially possible to keep the Website accessible. However, we shall not be held liable if, for any reason, the Website cannot be accessed at any given time and for any period of time.

Suspension/Termination

Your access to the Website may be temporarily suspended in the case of system error, need of maintenance or repair, or for any other reason beyond our reasonable control. In addition, we may terminate your access to the Website and the Services at any time, without prior notice and block or prevent your future access to and use of the Website and/or the Services if you do not comply with the Terms. You acknowledge that neither Craft Your Content nor our affiliates are liable for any losses of damages, including from lost data, resulting from the suspension or termination of your access to the Website or Services.

Your Obligation

You are responsible for making all arrangements necessary for you to have access to the Website.

YOUR SITE USAGE AND BEHAVIOUR AND MATERIAL BELONGING TO YOU

Privacy Policy

Craft Your Content may control and process information about you in accordance with our Privacy Policy (below). By using the Website, you consent to such use and processing and you warrant that all data provided by you is accurate.

User Content

The Website allows you to create, upload, and share information in connection with our Forums. The Website allows you or other users to post, link, store, or otherwise make available a wide variety of information, text and/or other materials to others (collectively “User Content”). You are solely responsible for your use of User Content and use it at your own risk. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content. By using any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our service any materials:

• that are unlawful, libelous, defamatory, harassing, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, such as to incite racial hatred, discriminatory or discriminating, menacing, scandalous, inciting, blasphemous, damaging to obligations of secrecy, prejudicial to privacy or publicity rights or that may in any way cause annoyance or harm, deceptive, fraudulent or otherwise objectionable;
• for which the necessary licences or approvals have not been obtained or would violate the rights of any party or any local, state, national or international law; or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• that represent or encourage forms of behaviour that may be considered to be offences, that may determine someone’s civil liability, that are in any way against the law, public order or good conduct or that harm third-parties’ rights anywhere in the world;
• that could cause damage (including, without any restrictions whatsoever, computer viruses, logic bombs, Trojan horses, worms, malware, defective components, corrupt data or other software with harmful content or capable of causing damage);
• that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information;
• that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using and benefiting from our Services;
• that is spam, is machine- or randomly-generated, or contains unethical or unwanted commercial content, or that furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
• that does not comply strictly with any carrier agreements and terms associated with your mobile device;
• that attempts to disrupt the Website or Services; or that
• abuse the Website in any way (including, without limitation and by way of example, “hacking”).

Notwithstanding anything to the contrary herein, we will not use or disclose any User Content you post to any workroom or other non-public location except as necessary to provide the Site Services to you or in response to a valid legal process of a court or other lawful order.

Removal of User Content

In connection with providing the Website, we are not liable for any statements, representations, or other User Content or other materials displayed on the Website by third parties, including by our advertisers. Although we have no obligation to screen, edit or monitor any of the materials appearing on the Website from you or other third parties, we reserve the right, and have absolute discretion, to remove, screen or edit any such materials posted or stored on the Website at any time and for any reason without notice at our sole discretion. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Website, at your sole cost and expense.

Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post, transmit or otherwise make available on the Website or through your use of the Services, your violation of the Terms or your violation of any rights of another.

THIRD PARTY MATERIALS

From time to time we may allow advertisers and corporate partners to post content on the Website and within our Forums and provide links to sites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. These advertisements may be targeted to users based on information they provide through use of the Website or the Services, queries made through the Services, or other information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content. We take no responsibility and assume no liability for any Third Party Content. The types and extent of advertising by Craft Your Content on the Website or in connection with the Services are subject to change in our sole discretion.

SITE LOG-INS

You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms within our service (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.

Your Website log-in is valid for you only. Any identification code, username, password or any other piece of information provided to you by Craft Your Content as part of our security procedure must be treated by you as strictly confidential, and you must not disclose it to any third party (even within a network). We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

You shall be solely responsible for ensuring the confidentiality and use of the password and personally assume all risks and liability relating thereto.

Any personal data included in the Registration Data will be processed in accordance with the Privacy Policy, available below.

Cooperation with public authorities

Craft Your Content may co-operate actively with the public authorities in charge of performing investigations and will comply with any court order requiring or ordering Craft Your Content to disclose the identity and to identify the subjects that transmit or enter material not in conformity with the Terms or contrary to any laws, rules or regulations.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES AND THE WEBSITE ARE AT YOUR SOLE RISK. THE SERVICES AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WRITING BUSINESS WELL AND ITS SUBSIDIARIES AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) WRITING BUSINESS WELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR WEBSITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR WEBSITE WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES OR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICES OR WEBSITE WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF ANY SUCH MATERIAL; (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WRITING BUSINESS WELL OR THROUGH OR FROM THE SERVICES OR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WRITING BUSINESS WELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE OTHERWISE FORESEEABLE), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR WEBSITE OR RESULTS OF THE USE OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT (INCLUDING WITHOUT LIMITATION, THE LOSS OR DAMAGE DUE TO THE SPREAD OF VIRUSES THAT MAY AFFECT YOUR ELECTRONIC EQUIPMENT (COMPUTER OR OTHERWISE), SOFTWARE, DATA OR OTHER PROPERTY USED FOR ACCESS, USE OR BROWSING ON THE WEBSITE BY YOU OR USED TO DOWNLOAD MATERIAL FROM THE WEBSITE OR FROM OTHER WEBSITES LINKED TO THE WEBSITE), INCLUDING ANY RESULTING FROM LOSS OF DATA, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACT, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, WASTED MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICES OR WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

Nothing in these terms and conditions is intended to or shall be construed to limit or exclude the liability of any party for death or personal injury arising from gross negligence, or any other liability that cannot be excluded or limited under applicable laws.

LINKS TO AND FROM THE WEBSITE

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have not performed any check on every website that is linked by or accessible from the Website nor are we responsible for how the said websites are managed, their content and their availability to use. We have no control over the content of those sites or the resources available therefrom, and accept no responsibility for them or for any losses or damages that may arise from your use of such sites. If you decide to access any website by a link from the Website, you do so at exclusively your own responsibility and risk.

If you wish to create your own link to the Website, you may do so only if such link is in compliance with the following conditions:

• the size or features of any of our trade marks and the Craft Your Content logo are not removed, deformed or altered in any other way;
• no frame is created and/or no other browser or environment is entered around the Website;
• the link does not mean, directly or indirectly, that we are promoting the products or services of any third party;
• no form of relationship is created, attempted to be created or is in any way represented (expressly or impliedly) between Craft Your Content and you and no false or incorrect or inaccurate information about Craft Your Content is conveyed;
• no attempt is made to use any trade mark, logo, image or artwork reproduced on the Website without prior express consent in writing from Craft Your Content;
• no rights are thereby granted to you in any way whatsoever to use our trade mark or other intellectual property rights associated with such use and all goodwill shall vest in us from such use;
• the link is not enabled from any third party website that is not managed by you;
• your website does not display contents that are pornographic, offensive or polemic, prejudicial to any intellectual property right or any other right of third parties or that in any other way violates legal provisions, regulations, public order or good conduct.

You agree to indemnify and hold us harmless from any losses, claims, expenses (including attorneys’ fees) or other liability that may arise from any breach by you of any of the conditions set out in these Terms, including any violation of the linking conditions set forth above.

INFRINGING MATERIALS; COPYRIGHT COMPLAINTS

If you believe that anything on the Website infringes upon any copyright that you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement:
Elisa Doucette, Founder, Craft Your Content
Full address of Designated Agent to which notification should be sent:
PO BOX 821 Seabrook, NH. 03874, United States
Telephone Number of Designated Agent:
(857) 600-2393
E-Mail Address of Designated Agent:
[email protected]

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

REPEAT INFRINGER POLICY

We have adopted a policy of terminating the access to, in appropriate circumstances and at our sole discretion, users of the Website who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Website and the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Website and our Services and/or terminate accounts of any users for reasons of our own discretion, that we are not obligated to reveal, at any time.

APPLICABLE LAW; DISPUTES

The Terms, together with the Privacy Policy, constitute the entire agreement between you and Craft Your Content concerning your use of the Website, superseding any prior agreements between you and Craft Your Content with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain of the Services, affiliate services, Third Party Content or third-party software. The Terms and the relationship between you and Craft Your Content shall be subject to the internal laws of the State of New Hampshire without giving effect to its principles on conflict of laws. By accessing the Website you irrevocably agree that all disputes will be settled exclusively by the state and federal courts located in New Hampshire, save that the parties hereby agree that (a) we shall have the right to sue to recover any amounts due under these terms and conditions in any jurisdiction in which you are operating or have assets and (b) we may commence legal proceedings in any jurisdiction in connection with the enforcement or protection of our intellectual property rights in the Website or otherwise owned by us.

PRIVACY POLICY

For each visitor to Craft Your Content web site, our web server automatically recognizes only the consumer’s domain name. Craft Your Content.com collects aggregate information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used to improve the content of our web site, used to notify consumers about updates to our web site, not shared with other organizations for commercial purposes.

When you participate on the Craft Your Content web site, we request certain information. Craft Your Content does not share any of your personally identifiable or transactional information with any person or entity. No other third party receives your personally identifiable information or other transactional data except for those with whom you have transactions.

If you supply Craft Your Content with your postal address on-line you will only receive the information for which you provided us your address. Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.

Personally Identifiable Information-When visiting Craft Your Content’s or any Client’s Web site and signing up for or using Craft Your Content services through any Service Page, you may choose to supply Craft Your Content with information that identifies users personally.

From time to time, Craft Your Content may use customer information for new, innovative and unanticipated uses not previously disclosed or described in our privacy notice. If our information practices change at some time in the future we will post the policy changes to the Craft Your Content web site to notify you of these changes and provide you with the ability to opt out of these new uses or changes. If you are concerned about how your information is used, you should check back at our web site periodically.

Customers may prevent their information from being used for purposes other than those for which it was originally collected by contacting us here. Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them.

Aggregate Information–Craft Your Content collects non-identifying, general, generic and aggregate information to better design our Web site and services, and shares the aggregate data with advertisers and other third parties. With respect to security: Craft Your Content uses industry-standard encryption technologies when transferring and receiving consumer and transaction data exchanged with our site.

CONTACT US

If you have any concerns or questions about material which appears on the Website, please contact [email protected]

These Terms constitute a written agreement between you and Craft Your Content. A printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

Last Updated: August 10th, 2014.