Terms of Use
PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITES OR SERVICES OFFERED BY WRITE LABEL, INC. (THE “COMPANY,” “WE,” “US,” OR “OUR”). THE COMPANY OWNS AND OPERATES THE WRITELABEL.COM WEBSITE AND RELATED DOMAIN NAMES, AND ALL SERVICES, SOFTWARE, AND APPLICATIONS OFFERED FROM TIME TO TIME IN CONNECTION THEREWITH, INCLUDING THE PRIVATE ONLINE PLATFORMS USED BY CERTAIN AUTHORIZED CLIENTS, AND ALL MATERIALS, CONTENT, WORKS AND FEATURES THEREIN AND PRODUCED THEREON (ALL OF THE FOREGOING, COLLECTIVELY, THE “SERVICES”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES. BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE.
You may at any time request a copy of this Agreement by emailing us at: team@writelabel.com or support@writelabel.com, Subject: Terms of Use.
Last Updated: February 26, 2024
Modifications of this Agreement
The Company reserves the right, in its sole discretion, to modify this agreement at any time by posting a notice on the website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective upon first posting or notification, and use of the website or any services by you following such posting or notification constitutes your acceptance of the terms and conditions of this agreement as modified. You agree to review this agreement regularly to ensure that you are updated as to any changes.
Access to the Services and Restrictions on Use
Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, we hereby grant you permission to use the Services in accordance with this Agreement. You will not (i) copy, distribute, or otherwise exploit the Services, the Materials, or any third-party User Submissions (as these terms are defined below) in whole or in part in any medium other than as set forth herein; (ii) alter or modify any part of the Services other than as expressly authorized and then only for such express purpose; (iii) circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Services, the proper operation of the Services, the features that prevent or restrict use or copying of any of the Services or Materials or enforce limitations on use of the Services or Materials, or interfere with any activity being conducted on the Services; (iv) decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Services; or (v) use the Services or Materials in any harmful or illegal manner or interfere with any party’s use or enjoyment of the Services or Materials. You agree to cooperate with the Company in causing any of your unauthorized use under this Agreement to immediately cease. In order to access some features of the Services, you may have to create a membership account. You may never use another’s account, username or password without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject these Terms of Use when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with the Terms of Use. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends scheduled or more request messages to our servers in a given period of time that a single human could not reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any unauthorized commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their User Submissions, as that term is defined below. You agree that your User Submissions both will not involve the transmission of “junk mail,” “chain letters,” “spamming,” or other unsolicited mass mailings, and will not contain restricted or password only access pages or hidden pages or images. You agree not to attempt to alter, make derivative works of, copy, disassemble or reverse engineer any of the software making up any part of the Services or Materials. You agree not to attempt to probe, scan or test the vulnerability of the Services or Materials or to breach security or authentication measures. We reserve the right in our sole discretion to block access or discontinue services to offenders, release your details to system administrators at other sites in order to assist them in resolving security incidents, and to investigate and take appropriate legal action against anyone who, in our sole determination, violates this provision, including without limitation, reporting you to law enforcement authorities. You release the Company from and against any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
Intellectual Property Rights
The content available on the Website and as part of the Services, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Services and the Materials. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials or Services. For clarity, as between the parties, you retain ownership of the User Submissions that you create.
Term
This Agreement shall remain in full force and effect while you use the Services or have an account. You may terminate your use of the Services or your account at any time by emailing team@writelabel.com. We may terminate your access to the Services or your account at any time, for any reason, and without warning. These terms shall survive termination of this Agreement as it pertains to your account and your use of the Services.
Creative Content and Fees
The key purpose of the Services is to provide Company clients with certain creative content in the form of ad copy, audio and audio-visual content, digital marketing materials, and certain other content deliverables requested by clients (collectively, the “Creative Content”). The Creative Content is created by certain users of the Services and is made available to Company clients in exchange for fees, and may be subject to terms and conditions of a separate written agreement between you and Company (each, an “Other Agreement”). We may charge fees for all or some of the Services in our sole discretion. If we terminate your registration or membership because of your breach of this Agreement (or an Other Agreement), you will not be entitled to a refund of any unused portion of such fees, except to the extent required under applicable law. To the extent of any conflict between the terms of this Agreement and an applicable Other Agreement to which you are a party, the terms of the Other Agreement shall control.
User Submissions
The Services permit, and sometimes require (for certain functionality), that users submit certain information, and other materials via the Services (other than Creative Content users create) (“User Submissions”). You shall be solely responsible for your own User Submissions and the consequences of posting or submitting them. You agree that the Company has no liability with respect to any User Submissions, including, without limitation, your submissions, and you hereby irrevocably release the Company and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof. You represent and warrant that the delivery of your User Submissions on or through the Services and their use by Company and its partners to provide the Services do not and will not violate the privacy rights, publicity rights, copyrights, contract rights, trademark rights, or any other rights of any person or entity, or any applicable laws or regulations. By submitting your User Submissions, you give the Company the non-exclusive right and license necessary to use and otherwise exploit such User Submissions for any purpose in connection with the Services and the Company’s provision of same, including, without limitation, the right to modify, publicly display, reproduce, share with third-parties, and distribute such User Submissions in connection with same. These rights are perpetual and irrevocable. In connection with User Submissions, you further agree that you will not: (i) submit falsehoods or misrepresentations, or anything you do not have the right to submit to Company for the purposes above; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. We reserve the right to decide, in our sole discretion, whether a User Submission is inappropriate, or violates the terms of this Agreement. We also reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Services at any time, for any reason, without prior notice. Notwithstanding the foregoing, the Company assumes no responsibility for monitoring the Services, Materials, or User Submissions for inappropriate conduct, or modifying or removing such conduct or User Submissions from the Services. It is the Company’s policy to (i) block access to or remove User Submissions or Creative Content that it believes in good faith infringes any copyright; and (ii) remove and discontinue Services to repeat offenders. Please review our DMCA policy as further described below. We reserve the right to discontinue any aspect of the Services at any time.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied on or through the Services in a way that constitutes copyright infringement, please notify our copyright agent in writing, and include the following:
1. Your physical or electronic signature, as the owner of an exclusive right that is allegedly infringed or as a person authorized to act on the owner’s behalf.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
3. 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, or email address.
5. A statement that you have 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or a person authorized to act on the owner’s behalf.
Such notices should be sent to our Copyright Agent as follows:
Marissa Siefkes
Write Label
57 Warren St.
New York, NY 10007
Phone: 866-576-4995
Email: team@writelabel.com
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification
If you believe that material you posted has been removed in error, you should send our Copyright Agent, using the contact information listed above, a counter notice that includes the following:
1. Your physical or electronic signature.
2. 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.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Company’s offices are located, and that you will accept service of process from the person who provided notification of copyright infringement, or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
Third-Party Websites
The Services may contain links to third-party websites that are not owned or controlled by the Company. When you access third-party websites, you do so at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website that you visit. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third-party websites. In addition, the Company will not and cannot monitor, verify, censor or edit the content of any third-party website. By using the Services, you expressly relieve us from any and all liability arising from your use of any third-party website.
Warranty Disclaimer
To the fullest extent permitted by applicable law, the Company, its partners, contractors, suppliers and licensors, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof, including warranties of merchantability, fitness for a particular purpose, non-infringement, course of performance, course of dealing, and usage of trade. In addition, neither the Company nor its partners, contractors, suppliers nor licensors, nor any of their respective officers, directors, employees, and agents, makes any warranties or representations about the accuracy or completeness of the Services or information thereon, or the content of any sites linked to the Services, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (iii) any unauthorized access to or use of the secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to, from, or using the Services; (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party; and/ or (vi) any errors or omissions in any Materials or for any loss or damage of any kind incurred as a result of the use of any Materials or User Submissions posted, emailed, transmitted, or otherwise made available via the Services. The Company does not warrant, endorse, guarantee, or assume responsibility for any content, product or service advertised or offered by a third party through the Services or any hyperlinked website or featured in any advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of content, products or services. The Services are controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions are responsible for compliance with local laws.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its parent corporation, affiliates, officers, directors, employees, contractors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys’ fees) arising from: (i) your use of and access to the Services or any User Submissions; (ii) your violation of any term of this Agreement or of your representations and warranties set forth herein; (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, publicity, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
Eligibility
By using the Services, you represent and warrant that (i) all registration and account information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to the Company that you are such minor’s legal guardian); and (iv) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning if the Company believes that you are under 18 years of age and that your legal guardian did not authorize your use or account.
Limitation of Liability
In no event shall the Company, its suppliers, partners, contractors, licensors, or their respective officers, directors, employees, or agents, be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, including lost profits, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Subject to the foregoing, the Company’s liability to you for any reason, will be limited to a maximum of $500. You specifically acknowledge that the Company shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests solely and entirely with you.
Assignment
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without the Company’s prior written consent. The Company may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
Miscellaneous
If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of New York, without regard to conflict of laws provisions thereof. Unless otherwise elected by the Company, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New York County, New York, and both parties hereby consent to such jurisdiction and venue. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. You and the Company agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.