RW/Writer is a product and service created and provided by Blueball Design. Blueball Design is a U.S. company and subject only to U.S. laws and jurisdiction.
Hello! Welcome to RW/Writer's Terms of Service. Please read this carefully before using our site, services, or products. This is a contract between you and Blueball Design. We've also included several annotations that aren't a part of the contract itself, but are intended to emphasize key sections and help you follow the text. We’ve tried to be fair and straightforward. Please feel free to email us if you have any questions or suggestions!
Blueball Design reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your RW/Writer dashboard). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Blueball Design received your prepayment.
No individual under the age of thirteen (13) may use the Services, provide any personal information to Blueball Design, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with Blueball Design and are not legally prohibited from using the Services.
The Services change frequently, and their form and functionality may change without prior notice to you. Blueball Design retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Blueball Design may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Blueball Design may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Blueball Design may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
You may not, without express prior written permission, do any of the following while accessing or using the Services:
As a condition to using certain of the Services, you may be required to create an account (an "Account") with a unique email address and choose a password. You agree to provide RW/Writer with accurate, complete, and updated registration information, particularly your email address.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Blueball Design immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, Themes (as defined below), and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and Blueball Design and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.
When you provide Subscriber Content to Blueball Design through the Services, you grant Blueball Design a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available) such Subscriber Content. The rights you grant in this license are for the limited purposes of allowing Blueball Design to operate the Services in accordance with their functionality, improve the Services, and develop new Services.
This license becomes null and void if you stop using the Services.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
As a Subscriber of the Services, Blueball Design grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below).
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, Blueball Design shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed.
Any use of RW/Writer's or Blueball Design's trademarks, branding, logos, and other such assets in connection with the Services shall use Blueball Design’s approved branding.
Some of the Services require payment of fees (the "Paid Services"). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
Blueball Design may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at Blueball Design's sole discretion and in accordance with the rules governing each Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of purchased Paid Services.
Blueball Design may change its prices for Paid Services at any time. To the extent applicable, Blueball Design will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, BLUEBALL DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Blueball Design makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Blueball Design also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Blueball Design or through the Services, will create any warranty not expressly made herein.
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Blueball Design must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Blueball Design and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Blueball Design (the “Blueball Design Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUEBALL DESIGN AND THE BLUEBALL DESIGN AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BLUEBALL DESIGN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BLUEBALL DESIGN AND THE BLUEBALL DESIGN AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Blueball Design may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Blueball Design may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Blueball Design or any third party.
You and Blueball Design agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Blueball Design otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
This Agreement shall be governed in all respects by the laws of the State of North Carolina as they apply to agreements entered into and to be performed entirely within North Carolina between North Carolina residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Blueball Design must be resolved exclusively by a state or federal court located in Union County, North Carolina, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Union County, North Carolina for the purpose of litigating all such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of North Carolina, excluding choice of law.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Blueball Design with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Blueball Design's prior written consent. Blueball Design may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Blueball Design in any respect whatsoever. Any notice to Blueball Design that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Blueball Design.
Blueball Design provides global products and services and enables a global community for individuals to share and follow the things they love. Blueball Design's servers and operations are, however, located in the United States, and Blueball Design's policies and procedures are based on United States law. As such, the following provisions apply specifically to Subscribers located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Service.
Blueball Design has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the "DMCA"). The address of Blueball Design's Designated Agent for copyright takedown notices ("Designated Agent") is listed below.
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
Please also note that the information provided in a notice of copyright infringement may be forwarded to the Subscriber who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, Blueball Design will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. Blueball Design will terminate, under appropriate circumstances, the Accounts of Subscribers who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Subscriber for actual or apparent copyright infringement.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Blueball Design by providing the following information to the Designated Agent at the address below:
Upon receipt of a valid counter-notification, Blueball Design will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Blueball Design does not receive any such notification within ten (10) days, we may restore the material to the Services.
PO Box 894
Waxhaw, NC 28173
Attn: Copyright Agent