Write On Conditions of Use
Last Updated: February 18, 2014
Welcome to Write On. Amazon Services LLC and/or its affiliates ("Amazon") provide website features and other products and services to you when you visit or use writeon.amazon.com, use Write On services, use Write On applications for mobile, or use software provided by Amazon in connection with any of the foregoing (collectively, "Write On Services"). Amazon provides the Write On Services subject to the following conditions. By accessing the Write On site or using Write On Services, you agree to these Conditions of Use. Please read them carefully.
PRIVACY Please review our Privacy Notice, which also governs your use of Write On Services, to understand our practices.
ELECTRONIC COMMUNICATIONS When you use any Write On Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Write On site or through the Write On Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT All content included in or made available through any Write On Service, such as text, graphics, logos, button icons, images (including images made available in any cover creator tool), audio clips, digital downloads, data compilations, and software, is the property of Amazon or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Write On Service is the exclusive property of Amazon and protected by U.S. and international copyright laws.
TRADEMARKS AMAZON, the AMAZON logo, WRITE ON, the WRITE ON logo, KINDLE and other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Write On Service are trademarks or trade dress of Amazon in the U.S. and other countries. Amazon's trademarks and trade dress may not be used in connection with any product or service that is not Amazon's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Amazon. All other trademarks not owned by Amazon that appear in any Write On Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazon.
PATENTS One or more patents owned by Amazon apply to the Write On Services and to the features and services accessible via the Write On Services. Portions of the Write On Services operate under license of one or more patents.
LICENSE AND ACCESS Subject to your compliance with these Conditions of Use, Amazon grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Write On Services. You may not download (other than page caching) or modify any portion of the Write On Services. This license does not include any resale or commercial use of any Write On Service, or its contents; any collection and use of any story, story listings or descriptions; any derivative use of any Write On Service or its contents; any downloading or copying of account information for the benefit of any other party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Amazon or its licensors, suppliers, publishers, rightsholders, or other content providers. No Write On Service, nor any part of any Write On Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Amazon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Amazon without express written consent. You may not use any meta tags or any other "hidden text" utilizing Amazon's name or trademarks without the express written consent of Amazon. You may not misuse the Write On Services. You may use the Write On Services only as permitted by law. The licenses granted by Amazon terminate if you do not comply with these Conditions of Use.
YOUR ACCOUNT AND ELIGIBILITY TO USE THE WRITE ON SERVICES If you use any Write On Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password at any time. The Write On Services are not available for use by children. If you are under 18, you may use the Write On Services only with involvement of a parent or guardian. Amazon reserves the right to refuse service, terminate accounts, and remove or edit content from the Write On Services in its sole discretion.
STORIES YOU POST
Once you have posted your story, including any cover art and other related content, Amazon may make your story, cover art and other related content, including any revisions, available in connection with the Write On Services through any Amazon website, device, application or other property. You grant Amazon and Amazon’s sublicensees, the right to use your name, and any biographical information and photographs you provide, worldwide for any purpose in connection with your participation in Write On. You may remove your story from Write On using the removal tools provided in the Write On Services. After you remove your story, copies of it and any related content may remain in backup copies on our servers. You are not granting any other rights to your story, cover art and other related content to Amazon or any other party.
With respect to any story, including any cover art and other related content, you submit to the Write On Services, you represent and warrant to Amazon that: you have the right to make that content available on the Write On Services; your story, including any cover art and other related content, complies with all Write On community and content guidelines; and your story, including any cover art and other related content, will not contain any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
You will indemnify Amazon for all claims resulting from stories, including any cover art and other related content, you submit. Amazon takes no responsibility and assumes no liability for any stories, cover art and other related content, posted on Write On.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Write On users and visitors may post reviews, comments, photos, and other content; send communications; and submit suggestions, story revisions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Amazon reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. You grant Amazon and Amazon’s sublicensees the right to use the name that you submit in connection with such content.
If you do post content or submit material other than a story, including any cover art and other related content, you are making that content and material freely available for use by any other Write On user. You also grant Amazon a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Amazon for all claims resulting from content you supply. Amazon has the right but not the obligation to monitor and edit or remove any activity or content. Amazon takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS Amazon respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
STORY DESCRIPTIONS We ask Write On users to be as accurate as possible in describing and categorizing their stories, including if a story includes content that might not be appropriate for all audiences. If you believe a story description is inaccurate, misleading or inappropriate, please let us know by clicking the Report flag on any story page, feedback comment, or user profile. Amazon takes no responsibility and assumes no liability for any inaccurate story descriptions or categorization.
AMAZON SOFTWARE TERMS In addition to these Conditions of Use, the Additional Amazon Software Terms below apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Write On Services (the "Amazon Software").
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WRITE ON SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WRITE ON SERVICES ARE PROVIDED BY AMAZON ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WRITE ON SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WRITE ON SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WRITE ON SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMAZON DOES NOT WARRANT THAT THE WRITE ON SERVICES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WRITE ON SERVICES; SERVERS; OR E-MAIL SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WRITE ON SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WRITE ON SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim between you and Amazon relating in any way to your visit to the Write On site, use of any Write On Service or to content included on, developed on or distributed or made available through any Write On Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Amazon will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW By visiting the Write On site or using any Write On Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Amazon.
SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other rules, policies and notices posted on Write On. These policies also govern your use of the Write On Services. We reserve the right to make changes to our site and Write On Services, policies, and these Conditions of Use at any time. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
How to Serve a Subpoena If you have a subpoena to serve on Amazon, please note that Amazon does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Amazon.com, preferably by mailing the subpoena to Corporation Service Company (CSC), Amazon's national registered agent. Please find below the Washington address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website):
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; Kindle serial number for Kindle information (please note we do not have GPS location information); and IP address and complete time stamp for AWS information.
Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Amazon that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Write On site, including the applicable Write On story url;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Additional Amazon Software Terms
- Use of the Amazon Software. You may use Amazon Software solely for purposes of enabling you to use and enjoy the Write On Services as provided by Amazon, and as permitted by the Conditions of Use and these Software Terms. You may not incorporate any portion of the Amazon Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Amazon Software or otherwise assign any rights to the Amazon Software in whole or in part. You may not use the Amazon Software for any illegal purpose. We may cease providing any Amazon Software and we may terminate your right to use any Amazon Software at any time. Your rights to use the Amazon Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms or the Conditions of Use. Additional third party terms contained within or distributed with certain Amazon Software that are specifically identified in related documentation may apply to that Amazon Software (or software incorporated with the Amazon Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Write On Service is the property of Amazon or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Amazon Software, whether in whole or in part, or create any derivative works from or of the Amazon Software.
- Updates. In order to keep the Amazon Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Amazon Software. If you are a U.S. Government end user, we are licensing the Amazon Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Amazon Software are the same as the rights we grant to all others under these Conditions of Use.