Terms and Conditions
In order to proceed with your transaction, you must read and agree to be bound by the terms and conditions of the Subscription Agreement below. Your subscription and use of The Life Writer product signifies your acceptance of these terms.
This Subscription Agreement (“Agreement”) is between you (“User”) and The Life Writer LTD (“Life Writer”) and governs your use of the online interview questions and related content made available to you by Life Writer on a subscription basis (“The Life Writer Software”).
As a current subscriber to The Life Writer Software User will be granted access to certain online interview questions (“Questions”) and related content solely for your own personal use in creating a memoir for an individual. The Questions and related content provided by Life Writer are collectively referred to herein as “The Life Writer Software Content.” The Questions to which User will have access and the term of User’s subscription (“Subscription Term”) will be as indicated on the enrollment page.
1. General Limitations on Use.
The Life Writer Software Program Content is designed and intended for User’s use in the preparation of a personal memoir (“Memoir”) dedicated to the life of an individual the User may select. Other than as provided herein, The Life Writer Software Content may not be used for any other purpose, and particularly that Content may not be used in connection with any for-profit service or product or any other commercial purpose without the express written consent of Life Writer.
User may access and input answers to the Questions online at the Life Writer website (www.thelifewriter.com) during the Subscription Term. The Questions are made available in an on-demand, streaming format only and may not be downloaded, printed, copied, or otherwise saved to User’s computer or other device except as otherwise provided herein.
User’s subscription is personal to User. Accordingly, User may not permit or enable any third party to view the Questions through use of your subscription, except as provided by this Agreement or by the program’s family, friends, and loved ones User collaboration feature.
3. Printed Materials.
In connection with operations involving the Questions, the Life Writer website will allow User to print Questions and responses the User has inserted to such Questions at any point in the process of completing the Memoir (“Printed Materials”).
Any printed copies of the Printed Materials are for User’s personal use only. User may not sell, distribute, share or otherwise transfer printed copies of the Printed Materials to any third party for any reason not expressly permitted by this Agreement.
4. Copyrights & Licenses.
4.1 The Life Writer Copyrights: All content on the life writer WEBSITE, including, without limitation, all text, graphics, video, audio, photos, music and other materials contained therein, is the property of Life Writer and is protected by U.S. copyright laws and international treaties.
User has no right, title or interest in The Life Writer SOFTWARE product other than as expressly set forth in this Subscription Agreement. Other than as specifically permitted in this Subscription Agreement or as necessary to utilize third party providers approved by Life Writer which provide physical book printing services related to User’s memoir.
User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website or in any way exploit The Life Writer SOFTWARE product, or any portion thereof, without the express written permission of Life Writer.
Life Writer reserves all rights to The Life Writer Software product that are not expressly granted to User pursuant to this Subscription Agreement.
4.2 USER RETAINS ALL RIGHTS and ownership to Memoir and associated content, including photographs, written information, memorabilia and other supplied material.
“The Life Writer” and the Life Writer logo (script “L” with suspended heart) are trademarks of The Life Writer LTD.
User may not use, reproduce, or modify the Life Writer trademarks or any Life Writer logo for any purpose (excluding the limited right to faithfully reproduce such trademarks and logos on any printed copies of Printed Materials as provided by Life Writer and the terms of this Agreement).
User does not receive any trademark rights or any other rights in or to the Life Writer trademarks or logos. All goodwill arising from the use of the trademarks shall inure solely to Life Writer.
User agrees not to circumvent, disable, reverse engineer, or otherwise compromise the security features of the Life Writer website, including any features that prevent or restrict the use, downloading or copying of any The Life Writer Software Content.
Life Writer reserves the right to suspend or terminate your subscription and/or your access to that Content in the event Life Writer determines that: (i) you are using The Life Writer Software Content or the Life Writer website in violation of this Subscription Agreement or any applicable law, rule or regulation; or (ii) your use of The Life Writer Software Content or the Life Writer website unreasonably interferes with or disrupts the normal usage of same by Life Writer’s other users.
You agree to pay Life Writer the full amount of the subscription fee, including any applicable taxes, as indicated on the transaction summary page displayed as part of the subscription process. You have no rights to obtain or use any copies of the Memoir until payment in full of any fees due.
Limitation of Liability. THE LIFE WRITER SOFTWARE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIFE WRITER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LIFE WRITER DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THAT CONTENT WILL BE UNINTERRUPTED. LIFE WRITER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE LIFE WRITER WEBSITE. LIFE WRITER WILL NOT, IN ANY EVENT, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY THEORY OF LAW, EVEN IF LIFE WRITER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIFE WRITER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SUBSCRIPTION.
9. Warranty & Indemnification
9.1 User Warranty:
User warrants that all contributions of User to the Memoir, including User’s responses to the Questions and other The Life Writer Software Content, are User’s own works and do not infringe the rights of any third party. User shall take all steps reasonably necessary to minimize any damages that may result to Life Writer that result from any breach of this warranty.
9.2 User Indemnification:
User agrees to indemnify and hold Life Writer, its officers, directors, employees, shareholders, agents and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including, but not limited to, attorneys’ fees) that arise directly or indirectly from your breach of any provision of this Subscription Agreement including breach of the User Warranty or that arise from User’s use of the Software, The Life Writer Software Content, and/or the Memoir.
10. Termination for Breach.
All rights and licenses granted to you hereunder shall terminate automatically and without notice to you in the event that you violate any provision of this Subscription Agreement, and all rights to said Memoir shall transfer to Life Writer in the case of any material breach of this Agreement. Upon any such termination, you must destroy all Written Materials and any other materials obtained through the Life Writer website and all copies thereof.
11. Expiration of Subscription Term.
Upon expiration of the Subscription Term, you will have no further ability to access and view the Questions or to print the related Printed Materials. You will, however, have a continuing right, subject to the terms and conditions of this Agreement, to use any previously printed copies of the Printed Materials for your own personal purposes.
You may not assign or transfer this Subscription Agreement, or any of your rights or obligations hereunder, to any third party. Any attempted assignment or transfer in violation of this provision will be void and of no force or effect.
The provisions of Sections 5, 6, 9, 10, and 12 shall survive any expiration or termination of this Subscription Agreement.
Any notices required or permitted under this Subscription Agreement will be sent (i) to you at the email address you provide to Life Writer in the course of the subscription process, and (ii) to Life Writer at: [email protected].
15. Applicable Law.
This Subscription Agreement is governed by the laws of the State of Ohio, without giving effect to any principles of conflicts of law. Any dispute relating in any way to this Subscription Agreement or your use of the Content shall be brought exclusively in the state and federal courts located in Cuyahoga County, Ohio, and you hereby irrevocably consent to the exclusive jurisdiction of such courts.
16. Miscellaneous. This Subscription Agreement is the entire agreement between Life Writer and you regarding the subject matter hereof and supersedes all prior representations, discussions, understanding and agreements between the parties regarding such subject matter. If any of the terms or conditions set forth in this Subscription Agreement shall be deemed invalid or unenforceable for any reason, such term or condition shall be deemed severable and the remainder of the terms and conditions shall remain enforceable and be unaffected thereby. The failure of a party to enforce strict performance by the other party of any provision of this Subscription Agreement or to exercise any right under this Subscription Agreement will not be construed as a waiver of that party’s right to assert or rely upon any provision of this Subscription Agreement or right in that or any other instance. Waiving one breach will not be construed as a waiver of any succeeding breach.
17. Ability to Enter into Agreement.
You affirm that you are at least 18 years of age and are fully competent to enter into, and abide by the terms of, this Subscription Agreement. By clicking on the “I ACCEPT” button during the checkout process, you agree to be bound by, and to comply with, the terms and conditions of this Subscription Agreement. If you do not agree to the terms and conditions of the Subscription Agreement, please click on the “I DO NOT ACCEPT” button below. By doing so, your subscription transaction will be canceled and you will be returned to the Life Writer home page.
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