Terms of Service
Except as otherwise provided in this Agreement, all materials displayed on the Website, including but not limited to text, photographs, images, illustrations, data, graphics or other content (“Materials”) are owned by MyLovelyWriter or its licensors or other affiliates and are protected by copyright, trademark and other laws. When you view or use these Materials, they are provided to you by MyLovelyWriter under a revocable license. MyLovelyWriter retains full right and title in and to the Materials. You may not copy, publish, redistribute or sell any of the Materials, nor may you reverse engineer, disassemble or otherwise convert such Materials to any other form. You acquire no rights or license whatsoever in the Materials.
Access and Use of the Website
To gain access to any non-public areas of the Website and/or to use certain social networking tools available on the Website, you must register for an account (“Account”) and obtain a user name (“User Name”). You agree to register only a single User Name in connection with the Website. Once MyLovelyWriter has issued a User Name for your Account, you may, to the extent allowed on the Website, set up a member profile (“Profile”). User Names and Profiles may not contain inappropriate or obscene words, phrases or combinations of graphics, or any other content that reasonably would be construed as offensive, vulgar, obscene, hateful, racist, inappropriate or objectionable. MyLovelyWriter is the sole judge of whether a User Name or Profile information is inappropriate or objectionable. “Inappropriate” and “objectionable” language includes, but is not limited to obscene, defamatory, racial or profane words, phrases or combinations of characters. Your User Name and Profile may not contain words, phrases, or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any third party with which you are not, in fact, affiliated. Although your User Name need not reveal your identity, you are required to provide truthful and complete disclosure of your name, the entity you represent (if applicable) and the address and phone number where you can be reached, if requested. Failure to provide this information or providing false information will result in termination of your Account and your right to access the non-public areas of the Website. You must use a password in conjunction with your User Name to access the non-public areas of the Website, including your Account, and to use certain social networking tools available on the Website. You may select the password yourself. You must provide accurate identification to retrieve a password you have forgotten. MyLovelyWriter will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password.
Sharing Content and Information on the Website
You hereby grant to MyLovelyWriter an irrevocable license to reproduce, distribute, display, publish, use and prepare derivatives of all remarks, comments, blog posts, suggestions, ideas or other information that you communicate through or on the Website (“User Generated Content”). MyLovelyWriter and its designees will be free to copy, publish, disclose, distribute, incorporate and otherwise use your User Generated Content for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the User Generated Content. If you delete your User Generated Content, you understand that it may still exist in backup copies. When you publish User Generated Content on the Website, you understand that such User Generated Content may be publicly available on the Internet and that MyLovelyWriter has no responsibility for or control over any use or further dissemination thereof. For all User Generated Content that you supply, you represent and warrant that: (i) you have all rights necessary to distribute and publish such User Generated Content; (ii) if your employer has rights to intellectual property you create, that you have either (a) received permission from your employer to post or make available the content, or (b) secured from your employer a waiver as to all rights in or to the content; (iii) you have fully complied with any third-party licenses relating to the content; (iv) it does not contain or install any viruses, worms, Trojan horses or any other harmful or destructive code; (v) it is not and does not contain spam, is not machine- or randomly-generated and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and (vi) it is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party. You agree to defend, indemnify and hold harmless MyLovelyWriter from any liability that it may incur as a result of your User Generated Content. Any user who believes that any User Generated Content is in violation of this Agreement is encouraged to “Submit a Ticket” for the relevant post or posts or otherwise contact the webmaster directly. MyLovelyWriter has the ability to remove objectionable User Generated Content and will make reasonable efforts to do so.
Other than as expressly allowed herein, you may not modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer, or sell any information, User Generated Content (other than User Generated Content supplied by you) or Materials obtained from the Website. Provided that you do not modify or delete any copyright or other proprietary notices, you may display and electronically copy, download and print hard copy portions of the Materials and User Generated Content contained on the Website, but only for your own noncommercial use. Any other use is strictly prohibited. Except for your own User Generated Content, you acknowledge that all intellectual property rights and other legal means of ownership in the Materials and User Generated Content residing on the Website remain with MyLovelyWriter, its licensors, affiliates, other Website users and third-party developers. The trademarks, logos, and service marks displayed on the Website, including but not limited to the marks “Celeste Academy Series” and “MyLovelyWriter”, are owned by MyLovelyWriter or its affiliates. Nothing contained on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of aforementioned marks displayed on the Website without the express written permission of MyLovelyWriter. The misuse of Marks displayed on the Website, or any other content on the Website, is strictly prohibited. Although MyLovelyWriter may from time to time monitor or review any User Generated Content, MyLovelyWriter is under no obligation to do so and assumes no responsibility or liability arising from the posting of any User Generated Content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within any User Generated Content. MyLovelyWriter does, however, reserve the right to remove any User Generated Content if a user brings to MyLovelyWriter’s attention the possibility that such User Generated Content may result in MyLovelyWriter liability, is an infringement of the rights of a third party, or is offensive to any third party. In addition, MyLovelyWriter reserves the right to suspend or terminate any Account, including your Account, if MyLovelyWriter learns that the person responsible for the Account has engaged in an act of infringement in connection with the Website. You can report violations to [email protected]
Email and SMS Alerts
From time to time, MyLovelyWriter may make available to Website users different email and short messaging service (“SMS”) alerts (“Alerts”). MyLovelyWriter makes no warranty about the accuracy or completeness of Alerts and users should treat Alerts only as a secondary source of information in any severe weather or similar situation.
Really Simple Syndication ("RSS") Feeds
By accessing MyLovelyWriter RSS feeds, you also agree to the following additional terms and conditions. If you do not agree to all of the following terms and conditions, do not access MyLovelyWriter RSS feeds. The RSS feeds are provided solely for the purpose of allowing users to view headlines from the Website within news readers, blogs and the like for their personal, noncommercial use. Any other use of the RSS feeds is strictly prohibited. MyLovelyWriter reserves the right to terminate your access to the RSS feeds, cease its distribution of any or all of the RSS feeds and/or change RSS feed content and formatting at any time, in its sole discretion, and without notice to you. MyLovelyWriter retains all rights in the RSS feeds, including all rights under copyright. You may not edit or modify the text, content, or links supplied in the RSS feeds. You may not display the RSS feeds in any manner that does not permit direct linking to, redirection to or delivery of the applicable Website page. You may not frame or otherwise control the browser window, if any, in which the Website page opens, nor may you insert any links, jump pages or other intermediate pages between the RSS link and the applicable Website page. You may not add any content, including any advertisements or other promotional content, to the RSS feeds.
MyLovelyWriter operates certain websites that allow users to upload an avatar image to their Profile. The user must hold the copyright or have the express permission of the copyright holder to use the relevant avatar image. The use of sexually suggestive, abusive or otherwise objectionable images is not permitted. If an avatar image does not meet those standards or is otherwise a violation of copyright or any term of this Agreement, as determined solely by MyLovelyWriter, MyLovelyWriter may remove such avatar image without notice to the user. Further, if a user wishes to upload a new avatar image after such an image has been removed, the user may be required to contact MyLovelyWriter and request that avatar privileges be restored.
DISCLAIMER OF WARRANTIES AND LIABILITY
MYLOVELYWRITER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, INCLUDING WITHOUT LIMITATION, ABOUT ANY USER GENERATED CONTENT, ALERTS, RSS FEEDS, PRODUCTS OR SERVICES OF MYLOVELYWRITER OR ITS VENDORS, AFFILIATES, LICENSORS OR USERS. THE WEBSITE AND THE MATERIALS, USER GENERATED CONTENT, ALERTS, RSS FEEDS, INFORMATION, SERVICES AND PRODUCTS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DATA, TEXT, GRAPHICS AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYLOVELYWRITER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. MYLOVELYWRITER DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYLOVELYWRITER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS, USER GENERATED CONTENT, ALERTS, RSS FEEDS ON THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MYLOVELYWRITER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MYLOVELYWRITER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE AND ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, USER GENERATED CONTENT, ALERTS OR RSS FEEDS AVAILABLE FROM THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless MyLovelyWriter, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of this Agreement, your User Generated Content or any activity related to your Account or your use of the Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website using your Account.
Links to Other Sites
The Website may provide access to other websites. MyLovelyWriter does not control any such websites, and you access them solely at your own risk. MyLovelyWriter also does not endorse or approve any products or information offered at sites you reach through the Website. Check the Uniform Resource Locator (URL) address provided in your Internet browser to determine if you are still in MyLovelyWriter Website or have moved to another website.
MyLovelyWriter controls and operates the Website from its headquarters in Philippines (“country”). MyLovelyWriter does not warrant that the Website is appropriate for use outside of the country. You may not export the Materials or services on the Website in violation of export laws. Any claim relating to the Website shall be governed by the substantive laws of the Philippines, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Baguio City, Philippines.
By providing Materials on the Website, MyLovelyWriter does not promise that the Materials will remain available to you. MyLovelyWriter is entitled to terminate all or any portion of the Website at any time, without notice to you. MyLovelyWriter also reserves the right to change the terms under which the Website is offered, and your use of the Website following any such changes shall be deemed to constitute your consent to this Agreement and its modifications.