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TERMS OF USE

OVERVIEW

Wren Writing, LLC operates a number of websites and mobile applications (each a Site” and collectively our “Sites, which are owned and controlled by Wren Writing, LLC and all our current and future subsidiaries, affiliates, successors and assigns, and may be operated with the assistance of third parties (collectively referred to as "we," "us," or similar terms). These Terms of Use (or “Terms”) set forth the rules regarding your use of our Sites on which these Terms are published, and Services as described further below. Your use of the Sites and/or Services constitutes your agreement to these Terms. “You,” “your,” or “user” means the individual accessing this site, whether using their own unique user profile or using a shared profile.

We may change these Terms at any time, and by using the Sites and/or Services you agree to the most current version of the Terms and any and all future changes. We encourage you to visit this page periodically to review the Terms. If you are sharing a user profile or login, you agree that the use of the Services by anyone sharing the profile is binding consent to this Terms by all other users sharing that profile.

We also want to ensure that you understand how we use an disclose information about visitors to our Site and users of our Services. Please review our Privacy Policy to understand our privacy practices. By using the Site or Services, you also agree to the most-recent version of the Privacy Policy. We may change the Privacy Policy at any time, and such changes will be entered on the Privacy Policy page or a similar page of the Services. Click here to view our Privacy Policy.

TERMS REGARDING OUR SERVICES

Our Services/Your Registration. We offer a comprehensive software platform of tools for writers and readers under various brand names including Wren Writing Platform™ and Wren Reading Platform™ (individually and collectively the “Services”) that can be accessed from our Sites. You must register to use the Services. By registering to use the Services, you represent and warrant that: (1) all registration information you submit is and will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

Your Content. All text, images, data or content that you input into the Services when you [provide submissions or contributions or use our live-collaboration or editing features is owned or licensed by you (“User Content”). We do not assert any ownership over your User Content. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

Your User Credentials. You will receive a password to develop, edit, access and share User Content. You are solely responsible for maintaining the confidentiality of your account password and for any activities that occur under your account. Should you choose to share your password with another individual, or if your account becomes compromised due to your use of an insecure password or otherwise, Wren Writing shall not be held liable for any content that is modified, edited, or taken from your User Content or any other repercussions resulting from unauthorized account access. You also acknowledge and agree that we are not liable for User Content that contribute to Wren Writing that becomes publicly accessible or shared at your discretion. You bear sole responsibility for your decision to share such content and for any consequences or liabilities that may arise from such sharing.

You are responsible for what you post or upload. By sending us submissions and/or posting contributions through any part of the Services or making any User Content accessible through the Services by linking your account through the Services to any of your social networking accounts, you confirm that:

We are not liable for any statements or representations in your User Content provided by you in any area on the Services. You are solely responsible for your User Content and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

Your Licenses To Us. By providing your User Content to us when you use any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content for purposes of the Services (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and prepare derivative works of your book covers, community-driven graphics, and anonymized data (with identifying information removed) for the specific purpose of promoting or advertising the Services or community promotions. This includes, without limitation, using such content in digital or print advertisements, social media, and other marketing materials related to the platform.

You retain full ownership of your User Content, and we will not use your written content (e.g., novels, stories) for promotional purposes without your explicit consent. We will not use your content for any commercial purposes unrelated to promoting the platform or community promotional events without your prior approval. Additionally, the use and distribution of your content will be limited to the promotional channels described above (e.g., social media, digital ads), and we will not use it in any other media formats or through other channels without your consent.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content; (2) to re-categorize any User Content to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any User Content at any time and for any reason, without notice.

We may remove or edit your User Content. Although we have no obligation to monitor any User Content, we shall have the right to remove or edit any User Content at any time without notice if in our reasonable opinion we consider such User Content harmful or in breach of these Terms. If we remove or edit any such User Content, we may also suspend or disable your account and report you to the authorities.

Purchases And Payment. You will pay for access to the Services as set forth in our published Fee Schedule, as it may be updated from time to time. We use third party payment processors (including Stripe) to process payments. By agreeing to these Terms, you also agree to abide by the applicable processors’ terms (currently Stripe's Services Agreement (https://stripe.com/legal/ssa)). You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorney fees, court costs and collection agency fees. Your access to the Services may be suspended if you have not made timely payment for access. We may impose a fee for restoration of any suspended accounts. We have no other warranty obligation whatsoever with respect to the Solution.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Term/Termination. The initial term of your subscription will begin on the date you submit your order and will remain in effect for either one (1) month or one (1) year following your acceptance of the Solution. After the initial term, your subscription will continue automatically for renewal terms of for subsequent terms of the same duration (monthly or yearly, depending on your initial selection), unless either party notifies the other in writing of non-renewal at least thirty (30) days prior to the end of the then current term. Without limiting our other remedies, we may terminate your subscription immediately if you fail to cure any breach of any provision of this Agreement after 10 days’ notice. We will maintain your User Content for no more than thirty (30) days following termination. You are responsible for downloading a copy of your User Content.

Free Trial. We may offer a 14-day free trial to new users who register with the Services. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial. We do not take credit card payments up-front. You must choose to subscribe to Wren Writing during or after your free trial.

Cancellation And Refunds. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. Wren Writing subscriptions are not refundable under any circumstances. If you have any issues with cancellations, please email us at support@wrenwriting.com.

GENERAL TERMS REGARDING OUR SITES AND SERVICES

Our Technology. By accessing the Site and/or Services you are also accessing our software and other technology we make available in connection with our Services. We will grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not access our technology other than to receive the benefit of the Services, and may not attempt to compromise, reverse engineer, copy, modify, or misuse our technology.

Protecting the Integrity of the Site and Services. You will maintain your computers, and ensure the presence and continued operation of the web browsers, network infrastructure and internet service necessary to access the Site and Services. You will comply with any requirements regarding use of the Site and Services, including hardware and connectivity requirements, set forth in our standard policies and any documentation accompanying the Site and Services. If the Site and Services fails to operate, it is your responsibility to notify us of such failure immediately. You will not: (i) use the Site and Services to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Site and Services or the data contained therein; or (iii) attempt to gain unauthorized access to the Site and Services or related systems or networks. You may not access Site and Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

Wren Writing Content and Limits on Use. Unless otherwise noted, all content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are provided as part of the Site or Services, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the "Wren Writing Content") is owned or licensed by us. When you access, download, or print a copy of the Wren Writing Content you must include all copyright, trademark, and other notices that appear within the Services, including the copyright notice on the bottom of the page. No right, title or interest in any downloaded or copied Wren Writing Content is transferred to you as a result of any such downloading or copying or any other use. If you believe any Wren Writing Content, whether entered by us or by another user, violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the Wren Writing Content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.

Additional License or Use Terms. Your use of some of the products or services offered by us on one of our Sites may require you to accept the terms of an end user license or other subscription terms or Terms. To the extent that those terms are inconsistent with the terms set forth in these Terms, the more specific terms will apply.

Comments, Feedback And Other Submissions. All comments, feedback, ideas, and other submissions (other than your User Content) provided to us or on through the Site or Services or through any other method submitted or offered in connection with the Services, such as by email, telephone, at our stores, or by mail (collectively, the "comments") are and shall be and remain the sole and exclusive property of Wren Writing, including all copyright or other intellectual property rights therein. Providing your comments to us constitutes an assignment to Wren Writing of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the comments. In the event applicable law prohibits such assignment of the intellectual property rights in the comments, you hereby grant us an exclusive, perpetual, royalty-free, worldwide, license to use, copy, distribute, modify, sublicense, assign, and create derivative works involving the comments. All comments are deemed non-confidential, and we are not under any obligation to reply to any comments. You grant us the right to use your name in connection with the submitted comments and in connection with all advertising, marketing and promotional activity.

Access. We may discontinue all or part of the Site and/or Services at any time. We may block or limit your access to the Site or Services if: (a) you violate these Terms; (b) you violate any applicable law or regulation relating to your use of the Site or Services; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others.

Links. The Site and/or Services may contain links to websites operated by other entities, or display information or Wren Writing Content regarding products or services offered by others. These other sites and other entities are not under our control, and we are not responsible for the Wren Writing Content available on any other Internet sites linked to the Services or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party. You may visit other linked sites or engage in business with any third party at your own risk.

Availability and Security. We will take reasonable steps to ensure that the Site and Services are available to you 24 hours per day, 7 days per week, with the exception of scheduled maintenance or with advance notification for system upgrades. However, you acknowledge that we cannot guarantee the availability of the Site or Services. In no event will we have any liability for refund or other claims relating to unavailability of the Site or Services. We will use industry standard safeguards, procedures and systems to protect the privacy and security of data that we receive from you in the course of providing the Site and Services, but cannot warrant that the Site, Services or your User Content will be completely secure from interference or disruption by factors outside our explicit control, including viruses, hacker attacks, disruptions to the Internet, issues with one or more of our service providers, issues created by your Content, or acts of God.

Warranty Disclaimer. OUR SITES AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WREN WRITING EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE SITE, SERVICES OR ANY WREN WRITING CONTENT, ALTHOUGH WE MAY MODIFY THE WREN WRITING CONTENT AT ANY TIME WITHOUT NOTICE. USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES. WREN WRITING MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY WREN WRITING CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES. YOU FURTHER ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE AND SERVICES.

Copyright Complaints. If you are a copyright owner and you believe that your copyrighted materials have been used by us or any user of the Site or Services in a way that constitutes copyright infringement, please see our DMCA Policy

Limit of Liability. WREN WRITING IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, WREN WRITING CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, SERVICES, AND ALL WREN WRITING CONTENT IS TO STOP USING THE SERVICES AND WREN WRITING CONTENT. IN ADDITION, IF FOR ANY REASON ALL OR PART OF THE FOREGOING LIMITATIONS ARE DEEMED INVALID, OUR MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES SHALL BE EQUAL TO THE FEES YOU HAVE PAID FOR ITS USE. 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.

Miscellaneous. This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Minnesota. You agree and submit to the jurisdiction and venue of such courts. You agree that in the event you have or may have any alleged claim against Wren Writing or any of our vendors or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and that you are not eligible to receive, and shall not seek, and you agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Services and/or your breach of these Terms, including attorneys’ fees. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or to others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures.

OUR CONTACT INFORMATION. If you have questions or comments about these Terms, please contact us at support@wrenwriting.com

DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

Notice and Takedown Procedure

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in this notice, the text of which can be found at the U.S. Copyright Office, (http://www.copyright.gov).

It is expected that all users of any part of the Services will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the user content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

INFRINGEMENT NOTIFICATION:


Upon receipt of proper notification of claimed infringement, Wren Writing will follow the procedures outlined herein and in the DMCA.

To file a notice of infringement with Wren Writing, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. Identify with sufficient detail the copyrighted work that you believe has to been infringed. (For example, "The copyrighted work at issue is the "Name of the work" by "name of the author" and abstract number (http://___.com/abstract=638801);
  2. 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 and the owner or administrator of the user content to locate the material;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
  4. The following statement: "I 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";
  5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
  6. Sign the document; and
  7. Send the written communication to our Designated Agent at:
    Wren Writing
    PO 188
    Byron, Mn 55920

COUNTER NOTIFICATION

The owner or administrator of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.

To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. 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;
  2. Your name, address, and telephone number;
  3. The following statement: "I consent to the jurisdiction of Federal District Court for the State of Minnesota";
  4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
  5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
  6. Sign the document; and
  7. Send the written communication to our Designated Agent at:
    Wren Writing
    PO 188
    Byron, Mn 55920

Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

REPEAT INFRINGERS

In accordance with Section 512(i)(1)(a) of the DMCA, we will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.