Terms of Use


Apology

We are sorry that this needs to exist, that it's long, and that some of it is SHOUTING IN ALL CAPITAL LETTERS. We hope that one day such Terms agreements are no longer necessary and that "be kind, and respect everyone" is enough. But until then, this is what the legal people think we should say.


The Loud Part

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING ANY PART OF THE SITE OR "SERVICE". BY VISITING THE SITE AND/OR USING OR ACCESSING THE SERVICE, A PERSON ("YOU") AGREES TO BECOME BOUND BY THE TERMS OF USE AND THE RELATED PRIVACY POLICY, INCORPORATED BY REFERENCE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICE, WHETHER VISITOR OR MEMBER, INCLUDING MEMBERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TO USE THE SITE OR THE SERVICE. GRINNING CAT'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT; ANY CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICE WILL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.


Acceptance of Terms

The following terms and conditions govern all uses of the Manuscript.Ink website (the Site) and the services available on or at the Site (the Service). The Service is owned and operated by Grinning Cat Studio, LLC (Grinning Cat). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies, and procedures that may be published from time to time on the Site by Grinning Cat.

Grinning Cat reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time, by posting the modified Terms of Use or other policies or guidelines on the Site, and if permitted to do so, sending you an e-mail notifying you of the nature of the modifications and a link to the modified document on the Site so that you may review it. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting or notification of any changes to the Terms of Use constitutes your acceptance of those changes and your agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept the Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.


Conduct

The Service is provided only for your own personal use. As a condition of use, you agree not to use the Service for any purpose that is prohibited by the Terms of Use.

You agree you will not:

  • take any action that imposes or may impose (as determined by Grinning Cat in its sole discretion) an unreasonable or disproportionately large strain on Manuscript.Ink's infrastructure;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
  • bypass any measures Grinning Cat may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

You affitionally agree you will neither directly nor indirectly:

  • decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
  • modify, translate, or otherwise create derivative works of any part of the Service or as explicitly provided on the Site; or
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

You must abide by all applicable local, state, national and international laws and regulations.


Registration

In order to access some features of the Site, you will need to create an account. You may never use another's account without permission. You are solely responsible for activity that occurs on your account and will be responsible for maintaining the confidentiality of your credentials. You agree to immediately notify Grinning Cat in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.

You must submit a valid email address and select a password and handle during the registration process. This information may be obtained when using a third party social login, such as Google. When creating your account, you must provide accurate and complete information. Failure to do so will constitute a breach of the Terms of Use, which may result in immediate termination of your account.

You agree you will not:

  • select or use as a handle or display name a name of another person with the intent to impersonate that person;
  • use as a handle or display name a name subject to any rights of a person other than you without appropriate authorization; or
  • use as a handle or display name a name that is otherwise offensive, vulgar, or obscene.

Grinning Cat reserves the right to refuse registration of or cancel any handle or display name on the Service at its sole discretion.


Content

For purposes of the Terms of Use, "Content" includes, without limitation, any video, audio, information, data, text, software, images, photographs, scripts, graphics, logos, interactive features, and other works of authorship in any form, medium, or technology now known or later developed, which is generated, provided, or otherwise made accessible by Grinning Cat on or through the Service.

An account holder may submit textual, audio, visual, or audiovisual content including but not limited to stories, poetry, profile images, manuscript comments, or author messages. Content submitted by account holders is collectively referred to as "Member Content." You understand that whether or not such Member Content are published, Grinning Cat does not guarantee any confidentiality with respect to any Member Content.

Grinning Cat does not claim any copyright in nor ownership of any Member Content. Nothing in this agreement shall make any change to or infringement upon any rights held to Member Content by its original creator. However, by submitting Member Content, you hereby grant Grinning Cat a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display, and perform the Member Content in connection with the Service.

Grinning Cat does not permit copyright infringing activities and infringement of intellectual property rights on its Service, and such Content or Member Content may be removed if Grinning Cat is properly notified that it infringes on another's intellectual property rights or contravenes any applicable privacy legislation. Grinning Cat reserves the right to remove Content and Member Content without prior notice.

You are solely responsible for any Member Content you provide. You assume all risks related to the publication or display of such Member Content. Grinning Cat does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and Grinning Cat expressly disclaims any and all liability in connection with Member Content.

Grinning Cat does not prescreen Member Content or review it for purposes of compliance with the Terms of Use. This includes but is not limited to a work's text, graphics, tags, comments, or any other material. Member Content is the sole responsibility of the submitter. You understand that using the Service may expose you to material that is offensive, atrocious, immoral, obscene, triggering, blasphemous, bigoted, erroneous, or objectionable in other ways.

Grinning Cat is not liable to you for any Member Content to which you are exposed on or because of the Service.

You acknowledge and agree that Grinning Cat may preserve Member Content and may disclose Member Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to comply with legal processes; enforce the Terms of Use; respond to claims that any Member Content violates the rights of third parties; or protect the rights, property, or personal safety of Grinning Cat, users of the Service, or the public.


Responsibility of Member Content

All content, whether made public or transmitted privately, is the sole responsibility of the person who originated such content. Grinning Cat may not monitor or control Member Content and takes no responsibility for such content. Grinning Cat does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communication made on the Service or endorse any opinions expressed on the Service. You understand that by using the Service, you may be exposed to content that might be inaccurate, offensive, harmful, or otherwise inappropriate, or in some cases Member Content that may have been mislabeled or are otherwise deceptive.


Age Requirement

The Service is available only to individuals who are at least 13 years old, and the Site is not intended for children under the age of 13. If Grinning Cat learns that someone under 13 is using the Service, that account may be suspended or deleted, its Member Content made hidden or deleted, or have other appropriate actions taken to address the matter.


Deleting Accounts

You may permanently delete your account and Member Content. If you elect to delete your account, it will first be deactivated and then deleted. When your account is deactivated, all of your manuscript comments and related board posts will remain except that they will be anonymized. For thirty (30) days after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated, including re-associating your manuscript comments and related board posts to your account. After that time, all data is permanently deleted from the Service, except that your anonymized comments and posts will remain on the Service.


No Warranties

The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, and any warranties implied by any course of dealing or performance, all of which are expressly disclaimed.


Limitation of Liability

In no event will Grinning Cat, its directors, employees, agents, or partners, be liable under contract, tort, strict liability, negligence, or any other legal theory for any lost profits or revenues, lost data, damages of any kind (special, indirect, incidental, punitive, or consequential) that arise from your use of, or in connection with, The Service and any Member Content. In no event shall Grinning Cat's liability for damages be in excess of (in aggregate) one hundred United States Dollars ($100.00).


Release

When you use the Service, you release Grinning Cat from claims, damages, and demands of every kind - known or unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or in any way related to disputes between Members, between Members and any third party relating to the use of the Service, or the Service.


Indemnification

You agree to defend, indemnify, and hold harmless Grinning Cat, its affiliates, employees, directors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and legal expenses, that arise from your use or misuse of, or access to, the Service; your violation of the Terms of Use; or the infringement by you, or any third party using your account, of any intellectual property, privacy, publicity, or other right of any person or entity. Grinning Cat reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with Grinning Cat in asserting any available defenses. This obligation survives indefinitely the termination and/or expiration of these Terms of Use and/or your status as a Member.


Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Grinning Cat agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules, and all applicable federal laws.

ALL DISPUTES RELATING TO USE OF THIS SITE OR SERVICES WILL BE RESOLVED THROUGH CONFIDENTIAL AND BINDING MEDIATION. A mediator appointed by the parties will assist in attempting to resolve the dispute. Each party acts in an individual capacity and not as part of a class. The mediator may not consolidate claims of more than one party, or preside over any class proceeding. If the parties are unable to agree on a settlement, the mediator will act as an arbitrator to resolve the issue(s) on which the parties fail to agree and will impose a final and binding resolution on the parties with the effect of an arbitration decision. The mediator's final and binding resolution will constitute an arbitration award and will be enforceable under the Federal Arbitration Act.

You expressly agree that the exclusive jurisdiction and venue for enforcing this binding mediation agreement, or any litigation arising in the event this binding mediation agreement is held to be unenforceable, will be only the state or federal courts located in Seminole County, Florida, and you further agree and submit to the exercise of personal jurisdiction and venue of such courts. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

BY USING THIS SITE OR SERVICES, YOU AGREE TO THE TERMS OF THE BINDING MEDIATION AGREEMENT, AND YOU WAIVE YOUR RIGHT TO ASSERT OR DEFEND A CLAIM IN COURT AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION PROCEEDING.


Miscellaneous

The Terms of Use are the entire agreement between you and Grinning Cat with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Grinning Cat with respect to this Site or any other of the subject matter hereof.

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Grinning Cat's prior written consent. Grinning Cat may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.

All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. No failure of Grinning Cat or the Site to enforce any of its rights under these Terms of Use will act as a waiver of such rights.

Unless otherwise indicated, the Terms of Use and all content provided by Grinning Cat are copyright Grinning Cat, all rights reserved. Grinning Cat, and the Grinning Cat logo, as well as any other logos or brand features owned by Grinning Cat, are trademarks or service marks of Grinning Cat or otherwise proprietary to Grinning Cat.