As per the stated Terms & Conditions, there will be repeated use of certain terms, unless mentioned otherwise, which are intended to mean the following:
"Website" refers to dotWriter™ - the Premium Content Marketplace.
"User" and "Member" refer to any entity accessing, registering, submitting and/or purchasing original content on the website.
"Writer" refers to those authors of articles submitting original content to the Marketplace, Custom Jobs and/or Private Hires under their personal profile as registered on the website.
"Buyer" refers to those purchasing articles either through the Marketplace, Custom Jobs and/or Private Hires under their personal profile as registered on the website.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering/purchasing any Products from our site. Please note by accessing dotWriter™ you acknowledge that you have read and understood, and that you agree to abide by these Terms, which may be amended at any time. If you do not agree with these Terms of Service, as amended, you may not use the website or any of the services offered by or through dotWriter™, as described in these Terms.
dotWriter™ reserves the right to amend these terms at any time, such amendments to take effect immediately following publication on the website. Your continued use of the website or the services constitutes your acknowledgment that you have read, understood and agreed to abide by the amended terms.
The dotWriter™ provides an online platform, allowing members to upload, offer, buy and sell text articles.
Only persons (individuals or legal entities) who are legally entitled under their own laws to validly enter into contract may become Members. Users can be Writers, Buyers or both.
When a User registers on the Website and creates his Member Account, User will choose a username and password. Only User is responsible for maintaining confidentiality and security of this username and password.
Any use done through such username and password will be the sole responsibility of the User.
User may cancel or terminate his/her account at any time by sending an email to firstname.lastname@example.org
By registering with dotWriter™, you must complete a User Profile, that you consent to be shown to other Users and the public. You agree to provide true, accurate and complete information on your Profile and all registration and other forms you access on the Website or provide to us and to update your information to maintain its truthfulness, accuracy and completeness. You agree not to provide and to correct any information about your location, your business, your skills or the services your business provides that is or becomes false or misleading. You agree not to register for more than one Buyer and/or Writer account without prior permission from dotWriter™. You agree not to ask or allow another person to create an Account on your behalf for your use, or for your benefit.
Profile images/pictures being uploaded by the User need to be professional and may be sourced from the User's personal social media websites, including but not limited to, Facebook. A clear image that depicts the User's identity is ideal. Images of an obscene or graphic nature, including those depicting pornography, violence, racism or otherwise considered offensive to a viewer, will result in possible action being taken on the User's account, including termination of the account and prevention of further use of the Website.
Profanity Clause -
Any user/ member registered at dotWriter™ found guilty of using foul language or exhibiting unprofessional behavior on the platform or while communicating with team members of dotWriter™ will be subject to account being frozen indefinitely. A permanent ban will be imposed on users found guilty of such behavior and all approved marketplace articles will be permanently deleted from dotWriter™. Any pending balance/ funds in the blocked dotWriter™ account will be released to the registered PayPal address only after a thorough investigation of the account - which is scheduled to take place within 45 days of the account getting blocked - and on the condition that there are no further breaches in the terms.
The Writer grants to dotWriter™ a non-exclusive right to package, sell and distribute the articles on behalf of the Writer and to use and to reproduce the Writer's marks and trademarks, as dotWriter™ considers reasonably necessary, in the sale or licence of articles on behalf of the Writer. You further authorize dotWriter™, its employees, agents and affiliates to store, resize, copy, distribute, transmit, display, reproduce, transfer, access the articles for any purpose that dotWriter™ considers necessary, in its sole discretion. Finally, you authorize dotWriter™ to use the articles as necessary, in the opinion of dotWriter™, for the promotion of the Website and the Services. Notwithstanding the foregoing, dotWriter™ acknowledges and agrees that it has no right, title or interest in or to the articles except as are expressly granted in these Terms.
All articles offered for Sale by Writers on the Website is and must be generated by the Writer, and is never considered generated by dotWriter™. dotWriter™ does not claim any ownership or other Intellectual Property Right in any article. Only the Writer is responsible for any article posted by him/her.
Writers may only upload original articles, created by or on behalf of a Writer, and to which the Writer has sufficient Intellectual Property Rights (including but not limited to copyright) to Sell such article(s) to a Buyer.
dotWriter™ is entitled, at any time, in its absolute discretion, to remove from or disallow any article or other material on the Website. Members can never claim any compensation, damages or rights resulting from such removal or disallowance.
All articles sold on dotWriter™ are Copyscape checked and hence, not considered as plagiarized. If content is found to be similar from any other published source(s), this will be treated as pure coincidence and no issue raised, including refund of amount spent for the article by the buyer, nor objection by any other source, will be taken to mean that the article has been plagiarized
The assignment described as "Sale" herein, is the widest assignment possible under applicable law, including but not limited to, for the avoidance of doubt, the irrevocable right to copy, distribute, use, create derivative works of, reproduce, in any technological format, existing today or to be developed in the future, including the right to sue for infringement, both for the past and the future, in the widest sense possible, as well as the right to prevent any third party to do any of the foregoing.
Each Writer irrevocably commits to a Buyer that any content from a sold article, to the extent it is not fully assigned, will not be re-used in any other material or article, or will not be assigned or licensed to any third party, in a manner that would constitute a breach of copyright of the article. Once an article has been submitted on dotWriter™, it may not be reproduced by the Writer, in part or whole, through any other published source, whether written or online, without prior permission from dotWriter™.
dotWriter™ makes no statement or provides no guarantee on the quality or fitness for purpose of any article, and disclaims any liability in this respect. All articles are provided on an "as is" basis, and only the Writer posting the article is responsible for such article(s).
To the fullest extent permissible under applicable law, dotWriter™ will have no liability, and any Member waives any claim, based on the Website, its performance and functions, the services provided thereon, any article or other material posted on the Website, or any transaction or Sale transacted through the Website. dotWriter™ is to be considered as offering "mere conduit", and its liabilities (if any) are restricted to offering the technical possibility of accessing the platform, subject to availability of the Internet, and the Member's ability to access and use the functionality of the Website.
Subject to any limitations expressed herein, the Member covenants and agrees to indemnify and save dotWriter™ and any officer, director, employee, parent company, subsidiary or affiliated company harmless from and against any and all claims, actions, proceedings, suits, losses, costs, expenses, or damages suffered or incurred by or arising from any breach by the indemnifying party of any of the its representations, warranties, covenants or obligations arising hereunder.
Funds forwarded to, and remitted from dotWriter™ will be done so only through PayPal, a trusted international escrow service. In order to Add or Withdraw Funds through your dotWriter™ account, you will need to have a registered PayPal account. Due to the sensitivity of financial information being distributed on the Internet, dotWriter™ has taken necessary precautions to verify email addresses being registered on the Website. Should there be breach of security through the escrow website, dotWriter™ will not be held responsible for transactions taking place before a written alert by the User about possible breach/fraud on the escrow account.
Once a Buyer makes purchase of article(s) through the Marketplace, Custom Jobs and/or Private Hire, Funds will not be returned under any circumstances. Claims to unauthorized purchases made through PayPal will not be taken up with the escrow service, but rather with those authorized by the Website. dotWriter™ will be the sole discretionary party for return of funds under our Policies and sufficient and satisfactory evidence is produced by the User about said unauthorized transactions including, but not limited to, purchase of article(s) on dotWriter™.
Effective: December 2014