BETA PROGRAM AGREEMENT
Owners and Collectors of Information
The contents of our Sites are protected by intellectual property laws and are the property of their owners. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any intellectual property on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.
content, goods or services available on any other site. Other sites may link to our Sites by permission only. To seek our permission, you may contact us at the information above. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites and reserve the right to require termination of any such link to any of the Sites at our discretion at any time.
We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
The information, services, products, claims, topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information, or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair, or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may or may not apply to you. We do not endorse, warrant, or guarantee any products or services offered on the Sites or those we link to. We are not a party to and do not monitor any transaction between users and third-party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may or may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker or commenter on our Sites or at one of our events.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers or commenters in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
No Professional Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, or death. You alone are responsible and accountable for your decisions, actions, and results in life. By your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions, or results, at any time, under any circumstance.
We do not make any representations or guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. Nothing on this page, any of our Sites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax, or other professional advice. Making decisions based on any information presented in our products, events, services, or web site, should be done only with the knowledge that you could experience risk or losses just like any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer, or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions, and results. By your registration here, you agree not to attempt to hold us liable for your decisions, actions, or results, at any time, under any circumstance.
The Sites are not directed to children under the age of 13, and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Explicit Language & Mature Content
On our Sites, we will occasionally discuss mature topics and language relating to personal and professional matters that may use explicit language. Users who are uncomfortable with such topics or language should not use our Sites.
Beta Test Period
The beta test period (“Beta Test Period”) will begin upon Beta Program commencement and your acceptance of all Terms and end no later than November 1, 2024. You may have access to our Sites through the end of the Beta Test Period. However, we reserve the right to terminate your access to our Sites prior to the end of the Beta Test Period for any reason, in our sole discretion.
Writing Ninja is focused on helping writers develop, write, and keep track of content. Beta Testers may come into contact with Confidential Information, as defined below, and hereby agree not to disclose any such information regarding Writing Ninja and its associated Sites, whether the Confidential information is obtained through the use of our Sites or through discussions with Writing Ninja, its officers, employees, agents, or advisors, irrespective of the form of communication. To ensure the protection of such information and to preserve any confidentiality necessary under patent, trade secret, or other intellectual property laws, the parties agree as follows:
Confidentiality and Non-Compete
Beta Testers hereby understand that the tools, processes, strategies, materials, and information presented on our Sites are copyrighted and proprietary, so you agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited, and we will pursue legal action and full damages if these terms are violated in order to protect the rights of our intellectual property.
The term “Confidential Information” includes, but is not limited to, invention description(s), technical and business information relating to proprietary ideas and inventions, ideas, patentable formulas or products, trade secrets, trademarks, drawings and/or illustrations, patent searches, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
Non-disclosure, Non-use, and Return of Materials
Beta Testers acknowledge that the Confidential Information is proprietary to Writing Ninja and has been developed and obtained through great efforts by us. Beta Testers agree not to disclose the Confidential Information obtained from us to anyone unless required to do so by law. Beta Testers shall not, without prior written approval of Writing Ninja, use for the users’ own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Writing Ninja, any Confidential Information. Beta Testers shall return to us any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to the Confidential Information immediately if we request it in writing.
Availability of Injunctive Relief
Beta Testers understand and agree that its breach or threatened breach of this Agreement will cause irreparable injury to us and that money damages will not provide an adequate remedy for such breach, and hereby consents to the issuance of an injunction in case of such breach. The parties’ rights under this Agreement are cumulative, and a party’s exercise of one right shall not waive the party’s right to assert any other legal remedy.
The effective term of the Non-Disclosure provisions of this Agreement shall be for a period of two (2) years from the end of the Beta Testing Period, unless earlier terminated by us, in our sole discretion, in writing, releasing you from the obligations of this Agreement.
Non-assignability and Non-transferability
This Agreement is personal in nature and neither party may directly or indirectly assign or transfer it by operation of law or otherwise without the prior written consent of the other party, for which consent will not be unreasonably withheld. All obligations contained in this Agreement shall extend to and be binding upon the parties to this Agreement and their respective successors, assigns and designees.
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in the United States of America. We do not represent that materials on the website are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Outside Sites (Their Privacy Policies May Be Different)
How and why we collect information
We collect your information to record and support your participation in the activities you select. If you register for an event, for example, the information is used to reserve your place, to track your preferences, and to keep you informed about the event and related events. As a visitor to our Sites, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing registering for a seminar or participating in a sweepstakes, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is entirely optional for you to engage in these activities. However, if you elect to engage in these activities, we may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), email address, telephone, credit card, and other personal information. If you do not provide the mandatory data concerning a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. If you supply us with your contact information, you may receive periodic emails, mailings, or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at [email protected] . You can also write to us or call us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately. When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from you to facilitate your use of the Site and its services. We use this information to administer the Sites and to understand and measure traffic patterns on the Sites so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by us our technology services provider by using “cookies” during your visit. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.
If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be enforceable. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties.
Refund of your initial subscription fee cannot be issued if the request is made more than 14 days after your original subscription date. However, you may cancel your recurring Monthly or Annual subscription at any time to prevent future charges. Simply visit your Account Page and click “Cancel” under My Memberships.
Eligibility Conditions for a Refund Request: • We cannot grant refunds on renewal payments (for Monthly or Annual subscriptions only). We will send Subscriber an email 2 weeks prior to your renewal date, and Subscriber may use this opportunity to cancel their subscription before the renewal payment is automatically processed. • Either: a) Subscriber has purchased the membership subscription (Gift Subscriptions can not be refunded) and, after using Writing Ninja for some time, has found that the software/apps will not work for their writing — OR — b) Subscriber has an issue that we are unable to resolve which makes the site/software unusable. We may ask Subscriber questions regarding the nature of their refund request so we can improve Writing Ninja in the future. • Subscriber has contacted our support team and allowed us to attempt to resolve any technical issue(s), or have explained why Writing Ninja does not work for Subscriber. Please note, technical issues caused by Subscriber’s internet access/stability, personal computer malfunction/technical problem(s), or any other issues outside of Writing Ninja’s control does not provide grounds for a refund. Refunds will be offered at our sole discretion. By purchasing membership(s) from our site, Subscriber agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment, or legal actions. Writing Ninja, their assignees and/or affiliates are not liable to cover any differences in exchange rates between the time Subscriber purchased and the time Subscriber is refunded.
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