Effective as of March 30, 2011
The following describes the terms under which EditorLive, LLC ("EditorLive," "we," "our," or "us"), provides the http://www.editorlive.com website
(the "EditorLive Service" or the "Service") to visitors to the http://www.editorlive.com website.
If you register on behalf of any entity other than yourself personally, you represent to EditorLive that you have the authority to bind that entity and that your acceptance of this Agreement
will be treated as acceptance by that entity.
Changes and Modifications. EditorLive reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become
effective thirty (30) days after they have been posted to this site or EditorLive has otherwise notified you of the change. Though EditorLive may attempt to notify you when major
changes are made to this Agreement, you should periodically review the most recent version of this Agreement, which is always available from each Web page within the Service.
Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, EditorLive grants
you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement
and applicable law. We grant you no other rights, implied or otherwise.
Links to Other Sites. The Service may contain links to other affiliated or independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience
to our visitors. Such Linked Sites are not under EditorLive's control, and EditorLive is not responsible for — and does not necessarily endorse the content or
practices of — such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your
interaction with these Linked Sites.
2 DESCRIPTION OF SERVICES
General Description. The EditorLive Service allows Registered Users to be compensated for editing, including correction of grammar, spelling, and syntax. As a Registered User,
you will carefully proofread and ensure effective communication to the client's target audience. A Registered User will suggest stylistic changes and certify a well-written document.
Adults Only. The EditorLive Service is intended for adults only. You must be eighteen (18) years of age or older to use the Service or the
website. In accordance with the Federal Children's Online Privacy Protection Act of 1998 ("COPPA"), EditorLive will never knowingly solicit, nor will it accept, personally
http://www.editorlive.com/privacy_policy.asp, for additional
information or for information regarding how to notify us of any concerns you may have in this regard.
3 CONDITIONS OF USE
As a condition of use, you agree to the following:
- The Service allows visitors to upload, transmit, publish, and disseminate documents to apply for an editing position ("Registered User Content"). Any User Content
contained on the Service represents the opinion of that visitor only. No content made available through the Service, including Registered User
Content, should be taken as a statement by or from EditorLive or its subsidiaries, directors, officers, employees, or licensors.
- You are solely responsible for any Registered User Content that is published, transmitted, or disseminated using your visitor account. You
are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under
your account. You agree to immediately notify EditorLive of any unauthorized use of your account or password, or any other breach of security.
- You will not use the Service to harass, threaten, impersonate, or intimidate anyone.
- You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other
law protecting intellectual property in any jurisdiction, or that violates an individual's right to publicity or privacy.
- You will not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
- You will not transmit any worms or viruses or any code of a destructive nature.
- You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof.
- You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
- You will not use the Service for any illegal or unauthorized purpose. If you are an international visitor, you agree to comply with all local laws regarding online conduct and acceptable content.
When you upload or otherwise provide your own original Registered User Content to or through the Service, you retain ownership of any
copyright (and any other rights) you already hold in your Registered User Content. You also represent and warrant that, with respect to all
Registered User Content that you upload, transmit, publish, and disseminate through the Service, that (a) you have all the rights and licenses
necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such Registered User Content in connection
with the Service, and to grant to EditorLive the licenses set forth in this Agreement; and (b) the Registered User Content will not infringe or
otherwise violate the copyright, trademark, or any other right of any third party.
By submitting Registered User Content as set forth above, you hereby do and shall grant to EditorLive and its successors, assigns, and
third-party service providers, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable
license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform the Registered User
Content in any medium and by any means currently existing or yet to be devised. You also hereby do and shall grant to each visitor to and
Registered User of the Service a worldwide, non-exclusive license to access, view, link to, and share your Registered User Content solely as
EditorLive makes Registered User Content available at its sole discretion and may disable access to any Registered User Content at any time
and for any reason. By using the Service, you acknowledge and agree that EditorLive does not guarantee access to and/or hosting of Registered
to it may be disabled.
5 COPYRIGHT POLICY
If you believe that EditorLive, or any visitor using the Service, has violated a copyright you claim in your work, please contact us
pursuant to the Digital Millennium Copyright Act ("DMCA") at firstname.lastname@example.org and review our copyright policy, available at
for more details on how to properly notify us of a DMCA issue.
6 EDITORLIVE'S INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code contained in the Service (collectively, "EditorLive Content"),
including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such EditorLive Content, is owned, controlled, or licensed by or to EditorLive,
and is protected by trade dress, copyright, patent, and/or trademark laws, and various other intellectual property and other rights.
Your Registered User Content (as defined above) is owned by you, and is not EditorLive Content.
Except as expressly provided in this Agreement or otherwise permitted by law, no EditorLive Content may be used, copied, reproduced, modified, republished, uploaded,
posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way
to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without EditorLive's express prior written consent.
7 VIOLATION OF THIS AGREEMENT — TERMINATION
You agree that EditorLive may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you
have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. Please note that it is EditorLive's policy to terminate the account of
visitors who repeatedly violate the copyrights of third parties.
If EditorLive does take any legal action against you as a result of your violation of this Agreement, EditorLive will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees
and costs of such action, in addition to any other relief granted to EditorLive. You agree that EditorLive will not be liable to you or to any third party for termination of your access to the Service.
Any rights or licenses you grant to EditorLive, or its visitors or Registered Users, during the term of this Agreement — including, but not limited to, the license granted in connection with your
publication of Registered User Content — shall survive termination of this Agreement.
8 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EDITORLIVE
AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS (THE "EDITORLIVE AFFILIATES") EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF
PERFORMANCE. EDITORLIVE AND EDITORLIVE AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (c) REGISTERED USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES,
INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH 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 DOWNLOADING, VIEWING, SHARING,
OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDITORLIVE OR
THROUGH THE HTTP://WWW.EDITORLIVE.COM website SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING REGISTERED USER CONTENT, IS SOLELY THE OPINION OF THE PARTY RESPONSIBLE FOR ITS PUBLICATION. NO SUCH CONTENT,
INCLUDING REGISTERED USER CONTENT, AND NO STATEMENT MADE BY, ON, OR THROUGH THE SERVICE SHALL BE ATTRIBUTABLE TO EDITORLIVE OR EDITORLIVE AFFILIATES.
9 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EDITORLIVE AND EDITORLIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES,
BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CONTENT MADE AVAILABLE
THROUGH THE SERVICE, (b) ANY CHANGES THAT EDITORLIVE MAY MAKE TO THE SERVICE; (c) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (d)
THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY REGISTERED USER CONTENT MAINTAINED THROUGH THE SERVICE; OR (e) YOUR FAILURE TO KEEP YOUR
PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING
CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE
(OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT EDITORLIVE AND EDITORLIVE AFFILIATES SHALL NOT BE LIABLE FOR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10 EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN
DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, EDITORLIVE AND
EDITORLIVE AFFILIATES' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Entire Agreement. This Agreement is the whole legal agreement between you and EditorLive. It governs your use of the Service and completely replaces any prior agreements
between you and EditorLive with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from
EditorLive and/or its affiliated services.
Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the
laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in San Francisco
County, California, and waive any objection to such jurisdiction or venue.
Dispute Resolution. In the event of any controversy or dispute between EditorLive and you arising out of or in connection with your use of the Service, EditorLive will attempt,
promptly and in good faith, to resolve the dispute. If EditorLive is unable to resolve any such dispute within a reasonable time, each party to this Agreement agrees that any dispute or
controversy arising between any of the parties to this Agreement, or any person or entity in privity therewith, out of the transactions effected and relationships created pursuant to this
Agreement and each other agreement created in connection herewith, including any dispute or controversy regarding the formation, terms, or construction of this Agreement, regardless
of kind or character, must be resolved through binding arbitration, which may be initiated by any party to this Agreement. In any such proceeding, EditorLive, in its sole discretion, shall
choose the arbitrator or arbitration panel. Each party to this Agreement agrees to submit such dispute or controversy to arbitration before the American Arbitration Association in San Francisco
County, California, and further agrees to be bound by the determination of an arbitrator or arbitration panel empanelled by the American Arbitration Association to adjudicate the dispute.
Judgment on any arbitration award may be entered in any court of competent jurisdiction. Any party to this Agreement may bring an action, including a summary or expedited proceeding,
to compel arbitration of any such dispute or controversy in a court of competent jurisdiction and, further, may seek provisional or ancillary remedies, including temporary or injunctive relief in
connection with such dispute or controversy in a court of competent jurisdiction, provided that the dispute or controversy is ultimately resolved through binding arbitration conducted in accordance
with the terms and conditions of this Agreement. In any proceeding under this section of the Agreement, the non-prevailing party shall bear all costs, including reasonable attorneys' fees.
Statute of Limitations. You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action
arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the
Agreement enforced as written. If EditorLive does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will
not be taken to be a formal waiver or relinquishment of our rights. EditorLive may assign or delegate all rights and obligations under the Agreement, fully or partially.