Terms Of Use

Introduction & General Provisions

Skrawl.com, (hereinafter the "Web site") is owned, operated and presented to you and other users of the Web site by BoomWriter Media, Inc., a Delaware corporation, (hereinafter "BOOMWRITER MEDIA,") with a principal place of business at 7 Pleasant Street, Milton, MA 02186. Any reference to "our," "we," "us" or the like shall mean BOOMWRITER MEDIA.

Please read these Terms of Use carefully before accessing or otherwise using the Web site as any of use of this Web site constitutes an Agreement, without acceptance, to be bound thereby. By using the Web site or by clicking a box that states that you accept or agree to these Terms of Use, you signify your agreement to these Terms of Use, and our Privacy Policy, which is incorporated herein by reference, and which can also be found on the Web site. If you do not agree to these Terms of Use and/or our Privacy Policy, you may not use the Web site.

Use of the Web site is limited to persons eighteen (18) years of age and older. Persons between thirteen (13) years of age and eighteen (18) years of age may access the Web site only with express parental or guardian permission. If you are a parent or guardian and you provide your consent to your child's registration with the Web site, you agree to be bound by these Terms of Use with respect of your child’s use of the Web site.

Note that special Terms of Use apply to some services offered on the Site, such as subscription-based Services, rules for particular contests or other features or activities. These Terms of Use are posted in connection with the applicable Service. Subject to applicable law, any such Terms of Use are in addition to these Terms of Use, and, in the event of a conflict, prevail over these Terms of Use.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Web site and receipt of data, materials and information available at or through the Web site, the possibility of our use or display of your Solicited Submissions (as defined herein) and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.

We are not responsible if information made available via the Web site is not accurate, complete or current. You acknowledge further that any reliance on the Web site is at your own risk. We do not warrant that any errors in the Web site will be corrected.

Though we try to make the Web site available twenty-four (24) hours a day, seven (7) days a week, except for planned downtime for maintenance, we do not warrant that the Web site will be at all times available.

We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Web site.

We reserve the right to refuse to provide access to the Web site for any reason at any time at our sole and exclusive discretion. We may, in our sole discretion, limit, modify, change, or otherwise or cancel the Web site at any time. In the event that we make a change to or otherwise modify the Web site your continued use and access thereof constitutes an acceptance of the revised Web site.

Use Of Web Site, Content

The Web site is for your personal use only. It may be used for commercial purposes to the extent that the commercial entity has an existing agreement with BOOMWRITER MEDIA. You may not use the Web site for any other commercial purposes or in any way that is unlawful, or harms us or any other person or entity. Specifically, you agree and acknowledge that you shall not use the Web site: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site. We reserve the right to terminate your use of the Web site for violating any of the prohibited uses or for any other reason at its sole and exclusive decision.

All information, materials, functions and other content, (with the exception of user submitted content) contained on the Web site is our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to BoomWriter Media and/or its licensors or licensees. BoomWriter Media reserves the right to change or delete Content or features at any time, in any way, for any reason.

User submissions as defined herein (hereafter, collectively, "Content,") include ‘bits’, content among pages, images and/or comments. Submissions to the Web Site are the property of the user. Users are responsible for any dispute or issue regarding the content that users publish. If a Submission contains material that the user did not originate, that user will be fully responsible for defending any actions that may follow. Content that contains provocative, explicit or violent characters, theme, plot, language, title or image can be removed at any time without prior notice.

Except as we specifically agree in writing, no Content from the Web site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Web site, not even as part of a derivative work, except that where a Web site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Web site or the Content, in whole or in part, and (c) do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. Using our Content for any other purpose, including but not limited to "re-mailing" or high-volume or automated use of the Web site or using any of our Content on any other Web site or networked computer environment, is a violation of our copyright and other proprietary rights and is strictly prohibited.

In the event that we offer downloads of software on the Web site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software, (hereinafter, collectively, "Software,") are licensed to you by us or third-party licensors for your limited, personal, noncommercial home use only. We do not transfer title to any Software to you.

Except as permitted under applicable law, you may not distribute or otherwise exploit Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce Software to a human-readable form, except to the extent permitted by applicable law.

Use of the Web site or any Software, code, device or other mechanism that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client will result in immediate termination of the Account. BOOMWRITER MEDIA reserves the right, in its sole and absolute discretion, to determine what constitutes manipulation of gameplay or game client.

You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the web site or content or any part thereof to you or any third party nor to authorize you to create derivative works based on the content. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

Submissions

In these Terms of Use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics,) sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute, (hereinafter, collectively, "Distribute,") on or through the Web site.

There are two (2) types of Submissions that may be made to the Web site: (1) Solicited Submissions and (2) Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the Web site for our review or display and possible specifically-defined consideration or compensation, (hereinafter, collectively, "Consideration,") (such as royalties, prizes or other value in games, sweepstakes, contests and promotions that may be offered from time-to-time in our sole and exclusive discretion); and (b) that you Distribute on or through the Web site for which you do not seek Consideration (such as in our Guest Services and in Public Forums as defined herein. "Unsolicited Submissions" mean any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph and which are expressly prohibited.

Do not distribute any unsolicited submissions; No implied contract.

Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions, so please do not Distribute Unsolicited Submissions on or through the Web site. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative works. We, therefore, ask that you not distribute any Unsolicited Submission on or through the Web site in any form whatsoever. In any event, you agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration.)

Except as expressly stated in these Terms of Use, the provisions of these Terms of Use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

Licenses & Representations

Licenses & representations are amongst BoomWriter Media’s exclusive services. All users may not be eligible to participate in these opportunities. Users that choose to engage in licensing, hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including, but not limited to, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us,) create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, but not limited to, the Web site, on mobile and third party Web sites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, (hereinafter the "Submissions License.")

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct as set forth herein and other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use (including the Submissions License). These Terms of Use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

To the extent that any Submissions you distribute on or through the Web site contain original content, songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or other applicable mechanical, performing rights and/or copyright owners' society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us and our licensees, distributors, agents, representatives and other authorized users directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any rights society, you grant the Submissions License with respect to each and every musical composition (including, but not limited to, lyrics) and sound recordings contained in such Submissions.

To the extent that we solicit Submissions through features or activities on or through the Web site (including, but not limited to, games, sweepstakes, contests, promotions, and Public Forums as defined herein) that require the use of our copyrighted works (in whole or in part,) we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.

You agree to further grant each user of the Web site a non-exclusive license to access your Submissions through the Web site. You understand and agree, however, that BOOMWRITER MEDIA may retain, but not display, distribute, or perform unless as granted via the Submissions License, server copies of Submissions that have been removed or deleted.

To the extent any moral rights, ancillary rights, or similar rights, (hereinafter, collectively, "Moral Rights,") in or to the Submissions exist and are not exclusively owned by us, and, to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. To the extent such an agreement is unenforceable, you hereby give a Moral Rights Consent. To the extent any other person has Moral Rights in or to the Submission, you must obtain a Moral Rights Consent from that person and provide it on request to BOOMWRITER MEDIA. "Moral Rights Consent" means a waiver of moral rights to the maximum extent permitted by applicable law and an unconditional consent to any act or omission in relation to the Submissions by or on behalf of BOOMWRITER MEDIA or any licensee or subsequent owner of copyright in the Submissions, including an act or omission which would, but for these Terms of Use, infringe your moral rights.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

Consideration

You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type other than as set forth herein.

The Web site uses proprietary algorithms for a collaborative and competitive authoring process, where multiple authors contribute their Submissions for one section/part, (hereinafter a "Bit") of an entire Creative Output. Submissions are anonymously voted upon by the authors and audience of the Web site, and the best Submission (using the proprietary algorithm) is voted as the winner of that Bit. There may be a multiple number of Bits that make up the total Creative Output. In such an event the winners of each of the Bits shall share equally in the Consideration, which may be royalties, prizes or other value in games, sweepstakes, contests and promotions.

Creative Outputs are available for the consumption of the Web site’s users as well as to third parties, such as publishers, who may purchase the rights to the Creative Output. The selling of any and all such rights to publishers and other third parties shall be in our sole and exclusive discretion and shall not require notification to or approval of you therefore. To the extent royalties may be agreed upon with a third party all such royalties shall be divided equally among users who’s Bits are used in the Creative Output according to a pro-rate Bit share.

If the Consideration includes monetary awards, or includes a sweepstake, game or other contest all applicable local, state, and federal rules and regulations concerning your participation therein and ability for receipt thereof shall apply. Some jurisdictions may prohibit your receipt of such Consideration or participation in sweepstakes, games, or other contests. In such an event no further Consideration shall be due and owing to you in the event your Submission is a winner of a Bit of a Creative Output. Expenses not specifically included in any Consideration description, including but not limited to shipping and handling, and all taxes shall be your sole responsibility.

Accounts

Some services on the Web site may permit or require you to create an Account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You acknowledge that you may not sub-license, transfer, sell, or assign Account. Any attempt to sub-license, transfer, auction, sell or assign the Account shall be deemed void, and such attempts, regardless of whether made by the account holder or a third party, will result in immediate termination of the Account. You agree and acknowledge that you shall not have no more than one (1) Account.

You also agree to promptly notify us at privacy@boomwriter.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Web site. In addition, you agree to exit from your Account at the end of each session.

We shall have the right to monitor your Account in our sole and exclusive discretion. Subject to applicable law, we may suspend or terminate your Account and your ability to use the Web site or any portion thereof for failure to comply with these Terms of Use or any special Terms of Use related to a particular Service, for infringing copyright, or for any other reason whatsoever.

Users shall comply with any applicable currency exchange control requirements. Before completing any paid your subscription transaction, you may review the transaction and correct mistakes and/or withdraw from the transaction. Access to the Service shall be available immediately upon payment of the subscription transaction fee.

Public Forums & Communications

"Public Forum" means an area, Web site or feature offered as part of the Web site that offers the opportunity for users to Distribute Submissions for viewing by one (1) or more Web site users, including, but not limited to, a chat area, message board or social community environment.

You acknowledge that public forums and features made available thereby are for public and not private communications, and you have no expectation of privacy with regard to any submission to a public forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

Subject to applicable law, you are and shall remain solely responsible for the Submissions you Distribute on or through the Web site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum, and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and, therefore, may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you distribute.

We reserve the right to screen, refuse to post, remove, edit, store and/or review Submissions at any time and from time-to-time and for any or no reason including, without limitation, to ensure that the Submissions conform to the Rules of Conduct, in our absolute and sole discretion, without prior notice. If we elect to screen Submissions there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

Rules Of Conduct

The following Rules of Conduct apply to the Web site. By using the Web site, you agree that you will not distribute any Submission that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (ii) any confidentiality obligation; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit,) or solicits others (including solicitations for contributions or donations); (h) threatens or verbally abuses other users; (i) uses language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.; (j) personally attacks another user; (k) impersonates any person or entity, including, but not limited to, any of our employees, or falsely states or otherwise misrepresents your affiliation with any person or entity; (l) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Web site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Web site; (m) does not generally pertain to the designated topic or theme of the relevant Public Forum; (n) violates any specific restrictions applicable to a Public Forum; (o) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those Terms of Use are commonly understood and used on the Internet; (q) interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a Third Party; (r) engages in unlawful multi-level marketing, such as a pyramid scheme; (s) uploads, posts or otherwise transmits any content, software or other materials which contain a virus or other harmful or disruptive component; (t) interferes with or disrupts the Web site or the servers or networks connected to the Web site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web site; and (u) facilitates or encourages any violations of these Terms of Use or our policies.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Cooperation; Removal Of Submissions

Without prejudice to any of our other rights under these Terms of Use or at law, we reserve the right to (a) refuse to post or communicate or remove any Submission from the Web site that violates these Terms of Use (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information in line with our Privacy Policy, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including the Web site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

Disclaimers

Subject to applicable law, the content on or otherwise related in any way to the web site or any third party sites or services linked to from the web site is provided "as is" and without conditions or warranties of any kind. To the fullest extent permissible pursuant to applicable law, we disclaim all conditions and warranties, express or implied, including, subject to applicable law, those of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatability and noninfringement. We do not warrant that any content will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the web site or the servers that make such content available are free of viruses or other harmful components. Moreover, subject to applicable law, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of any content. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites (including credit card and other personal information,) to the fullest extent permitted by applicable law. Please note, however, that this does not affect your statutory rights as a consumer, in particular the legal warranty for latent defects for users who access the web site in certain jurisdictions.

Furthermore, the Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or the applicable local emergency service immediately. Reliance on any information appearing on the Web site is strictly at your own risk.

The Web site may contain the opinions and views of other users. Given the interactive nature of the Internet, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

The content of the Web site is intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Web site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the your state, country or other appropriate licensing jurisdiction.

Indemnification

You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, Users and agents, from and against all claims, SUITS, and expenses, including attorneys' fees, arising out of OR RELATED TO (a) YOUR USE OF THE WEB SITE; (B) your noncompliance with or breach of this Agreement, (C) your use of third-Party products, links, advertisements, and/or tools; (D) YOUR VIOLATION OF ANY THIRD PARTY RIGHTS; AND/OR (E) the unauthorized use of the Web site by any other person using your information AND/OR ACCOUNT.

Limitation Of Liability

To the extent required by applicable law, we do not limit in any way our liability for death or personal injury caused by our negligence or for our fraudulent misrepresentation or concealment or for any other liability which cannot be excluded or limited by applicable laws.

Subject to applicable law, under no circumstances, including negligence, shall we, our group undertakings, our and our group undertakings’ licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers or suppliers, be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the web site or content, or (b) the conduct or actions, whether online or offline, of any user of the web site or any other person or entity, even if we have been advised of the possibility of such damages. Subject to applicable law, in no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, or one hundred u.S. Dollars and no/cents ($100.00) (Whichever is less) for accessing or participating in any activity related to the web site. Moreover, subject to applicable law, under no circumstances shall we, our licensors or licensees, or any of the foregoing entities’ respective resellers, distributors, service providers or suppliers, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control.

Subject to applicable law, we may terminate your further access to the web site or change the web site or delete content or features in any way, at any time and for any reason or no reason without liability.

The limitations, exclusions and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

With respect to users who access the web site in certain jurisdictions, this section does not affect your statutory rights as a consumer under applicable law.

Claims Of Copyright Infringement

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

Notifications of claimed copyright infringement must be sent to our Designated Agent as set forth below.

Full Address of Designated Agent to Which Notification Should Be Sent to: BOOMWRITER MEDIA, INC., 7 Pleasant Street, Milton, MA 02186.

To be effective, the written communication should include the following:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Web site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which BOOMWRITER MEDIA may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination

These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use at any time by discontinuing use or access of the Web site and destroying all materials obtained from the Web site and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.

We may immediately terminate these Terms of Use with respect to you (including your access to the Web site) at our sole and exclusive discretion for any reason whatsoever, including, without limitation, if you breach or fail to comply with any material term or provision of these Terms of Use. Upon termination, you must cease use and/or access of the Web site and destroy all materials obtained from the Web site and all copies thereof, whether made under these Terms of Use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the Accounts of users who are repeat infringers of copyright and other laws. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your Account, in our sole and exclusive discretion, and you may be reported to appropriate law-enforcement agencies.

Jurisdictional And Venue Issues; Arbitration

Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these Terms of Use or the Web site shall be filed, and that venue properly lies, only in state or federal courts located in Norfolk County, Massachusetts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, subject to the arbitration provisions contained herein. We make no representation that Content on the Web site is appropriate or available for use in any particular location. Those who choose to access the Web site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM APPLICABLE STATUTORY PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

The Parties agree that any dispute concerning, relating, or referring to these Terms and/or the Web site shall be resolved exclusively by binding arbitration in accordance with the substantive laws of the state of Massachusetts and the American Arbitration Association located in Norfolk County, Massachusetts. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.

In case suit, arbitration, or other legal action is instituted to interpret or enforce any of the provisions of these Terms, the prevailing Party therein shall be awarded all reasonable and necessary fees for investigations, depositions, as well as fees for accountants and witnesses (expert or otherwise) reasonably incurred by that Party in connection with such suit or action, plus such sums as may be adjudged reasonable for that Party’s attorney fees incurred prior to and throughout such suit or action, including all hearings, trials, and appeals.

Miscellaneous

We operate globally so it is necessary to transfer your information internationally. In particular, your information will likely be transferred to and processed by servers in different locations in the United States of America. The data protection and other laws of other countries may not be as comprehensive as those in your country. Please be assured that we take reasonable steps to ensure that your privacy is protected. By using this site you consent to your information being collected, used and transferred as set forth in the Privacy Policy.

Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.

Any waiver of a right under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

We shall have the right to assign and/or transfer these Terms and our rights and obligations hereunder to any Third Party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms without our prior written consent in our sole and exclusive discretion.

These Terms do not give any right to any Third Party except that any provision in these Terms.

The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

Subject to applicable law, at any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms of Use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Web sites covered by these Terms of Use. Any such amendment to these Terms of Use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

In these Terms of Use, the word "including" is used illustratively, as if followed by the words "but not limited to."

Supply of goods, services and software through the Web site is subject to U.S. export control and economic sanctions requirements. By acquiring any such items through the Web site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Web site if: (1) you are in, under the control of, or a national or resident of Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department's Specially Designated Nationals List or the United States of America Commerce Department's Denied Persons List, Unverified List or Entity List and/or (2) you intend to supply the acquired goods, services or software to Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

Effective Date

The effective date of these Terms of Use is December 01, 2015. From time-to-time, we may update these Terms of Use by prominently posting a notice of update to the Web site, so we encourage you to review them often.

Terms of Use: Skrawl Writing Room

Skrawl Writing Room Membership, Free Trials, Billing and Cancellation

Membership

Ongoing Membership. Your Skrawl Writing Room service membership, which may start with a free trial, will continue either month-to-month or annually ("billing cycle") unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Skrawl Writing Room service. We will bill the membership fee to your desired Payment Method. You must cancel your membership before it renews each billing cycle in order to avoid billing of the next cycle's membership fees to your Payment Method.

Free Trials. Your Skrawl Writing Room membership may start with a free trial. The free trial period of your membership lasts for one month (30 days), or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Skrawl reserves the right, in its absolute discretion, to determine your free trial eligibility.

We will begin billing your Payment Method for monthly or yearly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly or yearly membership price and end date of your free trial period, visit our website and click the "Account Settings" link in the navigation bar. Select "Manage Subscription".We may authorize your Payment Method through various methods, including authorizing it up to approximately one month (30 days) or one year (365 days) of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Click the "Manage Subscription" in your "Account Settings". At the bottom of the webpage, you will find cancellation instructions. We will continue to bill your Payment Method on a monthly or yearly basis for your membership fee until you cancel.

Billing

Recurring Billing. By starting your Skrawl Writing Room membership and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Skrawl service to your Payment Method. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or yearly in one or more charges.

Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your service will take effect following email notice to you.

Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Skrawl membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "Manage Subscription" link on the "Account Settings" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Service, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Skrawl website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation

You may cancel your Skrawl Writing Room membership at any time, and you will continue to have access to the Skrawl service through the end of your monthly or yearly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH or PARTIAL YEAR. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership you, and any members of the Writing Rooms, will lose access to your Writing Rooms and the associated features within them at the end of your current billing period. If you signed up for Skrawl using your account with a third party as a Payment Method, and wish to cancel your Skrawl membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Skrawl service through that third party. You may also find billing information about your Skrawl membership by visiting your account with the applicable third party.