Terms of Service
Hello! You are reading the contract between you and Poetry Passion. We have tried to be fair and clear. If you have any questions or suggestions, please email us at firstname.lastname@example.org
We reserve the right to modify this Agreement at any time by posting a revised Agreement through the Services and you are responsible for reviewing these modifications. Modifications are effective when posted, and your use of the Services following such posted modification constitutes your acceptance of the Agreement as modified.
Use of the Services
No person under the age of thirteen (13) may use the Services or provide any information to Poetry Passion through the Services (including, for example, a name, address, or email address). You otherwise may only use the Services if you can form a binding contract with Poetry Passion and are not legally prohibited from using the Services.
Service Changes and Limitiations:
The Services change frequently and their form and functionality usually change without prior notice to you. Poetry Passion retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Poetry Passion may also impose limits on certain Services or restrict your access to parts or all of the Services without notice or liability. Poetry Passion may change, suspend, or discontinue any or all of the Services at any time, including the availability of any feature, database, or Content (as defined below). Poetry Passion may also suspend Accounts (as defined below) at any time, in its sole discretion.
Limitations on Automated Use:
You are not authorised to do any of the following while using the Services: (a) access, tamper with, or use non-public areas of the Services; (b) probe, scan, or test any system or network, or otherwise attempt to breach any security or authentication measures; (c) access or attempt to access the Services by any means (automated or otherwise) other than through our currently available, published interfaces provided by Poetry Passion (and only pursuant to those terms and conditions), unless permitted by Poetry Passion robots.txt file; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Poetry Passion express prior consent; (e) use the Services to send altered, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in a way that interferes with or creates an undue burden on the Services.
Registration, Poetry Passion URLs, and Security
As a condition to using certain parts of the Services, you are required to create an account (an “Account”) by providing your name, a valid email address, and selecting a password. Your name will serve as a default URL of the form www.merejazbaat.com/firstname-lastname (a “Poetry Passion URL”).
You should provide Poetry Passion with accurate and complete registration information, particularly your e-mail address. Failure to do so may result in suspension of your Account.
You agree that you shall not use as a Poetry Passion URL a name of another person with the intent to impersonate that person or with the intent to otherwise cause confusion as to the origin of your Account. Poetry Passion reserves the right to refuse registration of, cancel, or modify a Poetry Passion URL in its sole discretion.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Poetry Passion immediately of any actual or suspected loss or unauthorised use of your Account.
Content and Subscriber Content
For purposes of this Agreement: (1) the term “Content” means a creative expression and includes, without limitation, written posts, video, audio, photographs, images, illustrations, animations, logos, tools, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term “Subscriber Content” is all Content that is posted or otherwise provided or transferred to the Services by a Subscriber (including, without limitation, by you); and Content also includes, without limitation, all Subscriber Content.
Subscribers retain ownership of all intellectual property rights in their Subscriber Content, and Poetry Passion and/or third parties retain ownership of all intellectual property rights in all Content other than Subscriber Content. In other words, you retain ownership of any intellectual property you post to Poetry Passion.
You also agree that you will respect the intellectual property rights of others, and that you have all of the necessary rights for all Subscriber Content you submit to the Services.
Content License to You:
As a Subscriber of the Services, Poeticous grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in accordance with the functionality and restrictions of, the Services.
You agree that you will not post Subscriber Content that violates Poetry Passion’s Community Guidelines.
Termination and Deletion:
On termination of your Account or upon your deletion of particular pieces of Subscriber Content from the Services, Poetry Passion shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) caching of, copies of, or references to the Subscriber Content may not be immediately removed; and (b) such removed Subscriber Content may persist in backups for a reasonable period of time.
Release From Liability
To the fullest extent permitted by law, you release Poetry Passion and its creators from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising in any way connected with the following:
-) Disputes between Subscribers, including those between you and other Subscribers.
-) Third party sites and services, including content found on such sites and services.
-) Disputes concerning any use of or action taken using your Account by you or a third party.
-) Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POETRY PASSION AND ITS CREATORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT POETRY PASSION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
You and Poetry Passion agree that we will resolve any claim or controversy at law that arises out of this Agreement or the Services in accordance with this Section or as you and Poetry Passion otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
Either party may terminate this Agreement at any time by notifying the other party. Poetry Passion may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Poetry Passion may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to use our Service, your right to use or access our Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Poetry Passion or any third party.