WordHustler Terms and Conditions
Welcome to WordHustler.com. We don’t mean to turn you off from writing by immediately inundating you with legalese, but we need to make clear our respective rights and responsibilities related to this website.
If you continue to browse and use WordHustler, you are agreeing to comply with and be bound by the following Terms and Conditions (“TOC”), which together with our Privacy Policy govern WordHustler’s relationship with you in relation to this website. The TOC and Privacy Policy may be updated from time to time, with or without notice to you. You can review the most current version of the TOC right here, any time. In addition, when using particular WordHustler owned or operated services, you and WordHustler shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOC.
1. Acceptance of Terms.
In using this website you are deemed to have read and agreed to the following terms and conditions:
2. Definitions.
The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements:
(a) “Client”, “Member”, “You” and “Your” refers to you, the person accessing this website and accepting WordHustler’s terms and conditions.
(b) “The Company”, “Ourselves”, “We” and “Us”, refers to WordHustler.
(c) “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
3. Privacy Statement
We are committed to protecting your privacy. Registration Data and certain other information about you is subject to our Privacy Policy. We constantly review our systems and data to ensure the best possible service to our customers. Specific offences exist for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
4. Confidentiality
Your records are regarded as confidential and therefore will not be divulged to any third party, other than specific writing Markets as expressly requested by Your. On reasonable notice, You have the right to request sight of, and copies of any and all Client Records we keep. WordHustler strongly encourages You to retain copies of any literature issued in relation to the provision of our services. We will not sell, share, or rent your personal information to any third party or use your e-mail address or phone number for unsolicited mail. Any emails sent by WordHustler will only be in connection with the provision of agreed services and products.
5. Copyright and Intellectual Property Policy
WordHustler vigorously upholds the intellectual privacy of our Members and other copyright holders. See our full Copyright and Intellectual Property Policy HERE.
6. Use of Electronic Communications
WordHustler may communicate with you regarding its service by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) posting notices or communications on WordHustler.com. You agree that we may communicate with you by means of electronic communications the following: this Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, payment authorizations, and any other matter relating to your use of the Service.
In addition, you agree to by bound by your electronic signature in accordance with the Electronic Uniform Transaction Act (“EUTA”).
You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by You when we send the electronic communication to the email address You provided at the time of registration or as revised by You thereafter in accordance with this Terms of Service, or when we post the electronic communication on the WordHustler site. For those communications or records that we are otherwise required under applicable law to provide in a written paper form to You, You agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the CONTACT US PAGE to request another electronic copy of the electronic communication without a fee; (b) you may contact us through the CONTACT PAGE to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; or via mail, also found on our CONTACT PAGE and (c) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.
7. Exclusions and Limitations
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WORDHUSTLER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WORDHUSTLER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WORDHUSTLER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) WordHustler does not however exclude liability for injuries caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
8. Limitation of Liability
The parties acknowledge that the limitations set forth in this document are integral to the amount of fees levied in connection with the WordHustler Service, and that, were WordHustler to assume any further liability other than as set forth herein, such fees would of necessity be set substantially higher. WordHustler does not monitor or exercise control over the content of the information transmitted through its facilities.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORDHUSTLER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WORDHUSTLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
9. Shipping and Handling Details
WordHustler guarantees shipment of each order within 3 business days of order placement, major holidays excluded. At the earliest and depending on material load, orders will ship the next business day. At the latest, orders will ship by the third business day. Keep this in mind when submitting time sensitive material.
10. Payment
Major Credit/Debit Cards (Visa, Mastercard, and American Express) are all acceptable methods of payment. All financial transactions are overseen and exclusively handed by Paypal.com will therefore be processed in the manner to which Paypal’s Terms and Conditions see fit. All goods remains in house at WordHustler until paid for in full.
In order to use the website and Paypal, you must complete all required information elements on the Service registration web pages. You must register a valid credit or debit card as a Payment Instrument to make Payment Transactions and pay fees and other obligations arising from your use of the Service. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.
Paypal Terms and Conditions can be found HERE.
11. Taxes
You shall be liable for, and shall reimburse WordHustler and indemnify and hold Wordhustler harmless from all local, state, federal and non-United States taxes or similar assessments or charges (including any interest and penalties imposed thereon) other than taxes based on the net income of Company, arising out of, or relating to this Agreement or the sale of the Services and Products hereunder.
12. Pass Through Items and Other Expenses.
WordHustler will have the right at any time during any term of this Agreement to pass through and invoice to You any new or increased fees, assessments, taxes or other charges imposed on or required to be collected by WordHustler by any governmental agency or any new or increased charges by any carrier that affect Company’s costs in providing Services and Products to You. You also will be responsible for paying any sales, license and use taxes, fees, or assessments levied by any local, state or federal government or governmental agency with respect to the provision of Services and Products under this Agreement. You will pay and be solely responsible for all taxes, fees and charges levied directly upon it.
13. Termination of Agreements and Refunds Policy
Both You and WordHustler have the right to terminate any Service Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. In lieu of cash refund, WordHustler will offer you store credit. This credit does not expire and is valid for any WordHustler service or product.
14. Username and Password Information
You are responsible for: 1) maintaining the confidentiality of your username and password, 2) any and all transactions by persons that you give access to or that otherwise use such username or password, and 3) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge. If You are a business entity, You agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by You with the authority to use the Service and legally bind You. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by You, that access the Service using Your user name and password.
15. Maintenance
WordHustler designates time periods (”Scheduled Maintenance Windows”) during which it may limit or suspend the availability of the hardware and/or software involved in providing its Services and Products (an “Outage”) to perform necessary maintenance or upgrades. If planned maintenance has the possibility of making the server or servers, as the case may be, utilized by Customer inaccessible to the Internet during a Scheduled Maintenance Window, Company will provide detailed estimation of when site and/or services will return to functionality.
16. Obligations of the Client
Upon notice from WordHustler, You promptly shall eliminate any hazard, interference or service obstruction that any hardware or software used by You, whether or not provided by WordHustler, is causing, or is likely to cause. If You request WordHustler to assist it in removing any hazards, interference or service obstruction that Your materials and/or project uploads/PDFs are causing or are likely to cause, WordHustler may, but is not required to, assist in such removal.
17. Availability
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of WordHustler. WordHustler does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify WordHustler, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
18. Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within WordHustler on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
19. Cookies
Like most interactive web sites WordHustler’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
20. Links from this website
We do not monitor or review the content of other party’s websites which are linked to or from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. WordHustler will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
21. Intellectual Property
Copyright and other relevant intellectual property rights exists on all text relating to WordHustler’s services and the full content of this website. WordHustler’s logo is a registered trademark in the United States. The brand names and specific services of WordHustler featured on this web site are trade marked. You may not copy, imitate, or use them without our prior written consent.
22. Communication
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us page or via Company literature or via WordHustler’s stated telephone, facsimile or email addresses.
23. WordHustler’s Proprietary Rights.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (”Software”) contain proprietary and confidential information that is protected by applicable intellectual property, trade secret and other laws. Except as expressly permitted by applicable law or authorized by WordHustler, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
WordHustler grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WordHustler for use in accessing the Service.
24. Prohibited Uses of Services and Products
In addition to the other requirements of this Acceptable Use Policy, You may only use the Services and Products in a manner that, in WordHustler’s sole judgment, is consistent with the purposes of such Services and Products. If You is unsure of whether any contemplated use or action is permitted, please contact WordHustler.
25. Restricted Activities
In connection with your use of our website, your Account, or the Services, or in the course of your interactions with WordHustler, you will not:
(a) Breach this Agreement or any other agreement that you have entered into with Wordhustler;
(b) Violate any law, statute, ordinance, or regulation;
(c) Infringe WordHustler or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(d) Use WordHustler to distribute plagiarized material;
(e) Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) Provide false, inaccurate or misleading Information;
(g) Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
(h) Use an anonymizing proxy;
(i) Control an Account that is linked to another Account that has engaged in any of these Restricted Activities.
(j) Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, fees, fines, penalties and other liability to WordHustler, a User, a third party or you;
(k) Disclose or distribute another Users Information to a third party, or use the Information for marketing purposes unless you receive the Users express consent to do so;
(l) Send unsolicited email to a User or use the Services to assist in sending, unsolicited email to third parties;
(m) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
(n) Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
(o) Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
(p) Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
(q)Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
26. Enforcement
WordHustler may immediately suspend and/or terminate the Customer’s service
for violation of any provision of these Terms and Conditions, including but not limited to those activities identified as “Restricted Activities” upon verbal or written notice. WordHustler may, in its sole discretion, attempt to work with You to cure violations of these Terms and Conditions to ensure that there is no re-occurrence of violations prior to suspension and/or termination.
27. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
28. Indemnification
You shall indemnify, hold harmless and defend WordHustler and its respective successors, affiliates, directors, officers, employees, attorneys, and insurers, and each of them, from and against any and all damage, loss, liability, cost, claim or expense (including but limited to reasonable attorneys’ fees and expenses) incurred or suffered in connection with any claim, lawsuit, cause of action, liability, defense, or allegation asserted by any third party arising from or due to Your breach of any Terms and Conditions herein.
29. Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
30. General
The laws of the United States govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the American courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of WordHustler to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of WordHustler.
31. Notification of Changes
WordHustler reserves the right to change these Terms and Conditions from time to time as it sees fit and Your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in the Privacy Policy, WordHustler will notify You by e-mail or postal mail 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
32. Successors and Assigns
These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns.
33. Severability
In case any one or more of the provisions contained in these Terms and Conditons shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and the remainder of the provisions of these Terms and Conditons shall continue in full force and effect without impairment.
34. WordHustler Contest Submissions
34.1
The submission of an entry constitutes participation in the Contest. By submitting an entry to the Contest, each Contestant agrees to the terms and conditions of this Agreement.
34.2
Each Contestant represents and warrants that he/she is the absolute legal and beneficial owner of all property rights (including but not limited to intellectual property rights such as copyright) to all novels, short stories, poems, essays, non-fiction books, and other writings (“Contest Submission”) submitted by him/her.
34.3
Each Contestant represents and warrants that the Contest Submission is the original creation of the Contestant and has not been reproduced or taken from any other material or work.
34.4
Each Contestant represents and warrants that the Contest Submission does not in any way breach (a) any terms of any other agreement that the Contestant may be party to including any of their terms of employment, (b) the right of privacy of any individual, firm or corporation, (c) intellectual property rights belonging to any third party (including but not limited to copyright), (d) any common law or other rights of any third party, and (e) any applicable law.
34.5
Each Contestant or his or her parent or legal guardian that is selected as a finalist will be required to execute additional documentation for the purposes of the assignment as a condition of participation as a finalist in the Contest.
34.6
Each Contestant understands that WordHustler LLC may use and/or license third parties to use any Contest Submission that is selected as a finalist subject to these terms and conditions. Contestants should not submit a Contest Submission unless they are prepared to accept these terms and conditions.
35. First Submission Free: Client understands that as part of WordHustler’s one-time discount for all new writers, clients will receive a submission (up to $5.99 in value) for free. This credit can be applied to Reply Cards and Virtual Office, but NOT to contest entry fees. Any project costing more than $5.99 will need the difference paid by the client themselves.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a submission or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© WordHustler 2008 All Rights Reserved
