This is a plain-language summary (and not a substitute) for the terms below. (i) This summary highlights only some of the key features and terms of the actual Terms of Service. It is not a license and has no legal value. You should carefully review all of the terms and conditions below and accompanying Terms of Service before using the licensed materials.
- You own your own work.
- Authors A.I. makes no claim to your work. We do not claim ownership or rights to any of your ideas, characters, plot, themes, or other elements.
- Authors A.I. will not distribute your information or your work to any third parties.
- If you choose to upload your manuscript, you give Authors A.I. the right to analyze and critique your work.
- If you choose to contribute to our knowledge base, you agree to let us keep a private, password-protected copy of your manuscript strictly for statistical and A.I. developmental purposes.
- We will not track your online activities after you leave our site.
- If there’s a dispute, you agree to first contact us and attempt to resolve the dispute with us informally and amicably.
Updated Feb. 15, 2020
These Terms of Service (“Terms”) govern your access to and use of the Authors A.I. website at authors.ai (the “Site”) and the services (the “Services”) made available by Authors A.I.
In these Terms, “Authors A.I.” and “we”, “us” or “our” mean Authors A.I., Inc., a Delaware corporation, and “User” and “you” mean any user of the Site and our Services.
As a condition of your use of this Site or our Services, you also warrant that all Content (as defined below) supplied by you on the Site or via our Services is true, accurate and complete, and if you have an account with the Site (“Authors A.I. Account”), you will safeguard your Authors A.I. Account information and will supervise and be completely responsible for any use of your Account by anyone other than you.
We constantly try to improve our Site and Services, and therefore we may have to change, update or otherwise modify these Terms to appropriately represent our current policies. A notice of changes to these Terms and conditions will appear at the top of this page with the date of the changes. Any revisions will take effect 10 days after the posting. You understand and agree that your continued access or use of the Site after such change signifies your acceptance of the updated or modified Terms.
THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Sections of this Terms of Service
- Manuscript submissions
- Website content and ownership
- Registration and security
- Mobile services
- Consent to receive email
- Links to third-party sites
- Rewards programs and contests
- Data collection and privacy
- Disclaimers, No warranties
- Dispute resolution
- Governing Law; Forum selection clause
- General provisions
1. Manuscript submissions
As one of its Services, Authors A.I. makes available to its users the ability to upload manuscripts for analysis by our artificial intelligence tools and review by our internal data team (the “Manuscript Analysis”).
By submitting your work, you permit us to read and critique your work and provide you with a report. Authors A.I. does not hold any claim to your work. We do not claim ownership or rights to any of your ideas, characters, plot, themes, or other elements. Nor will we or any of our employees or assignees distribute in any way your original work to any third parties.
You understand and agree that you might not agree with our critique of your work. If you are in any way concerned about receiving critical feedback – feedback which you might disagree with – we respectfully suggest that you not use our Services. Our Services provide frank feedback about the potential strengths and weaknesses of your work based on our assessment of the popular fiction market.
By submitting your work and opting to include it in our knowledge base, you agree that Authors A.I. may derive and use aggregate statistical information from your work to improve our algorithms and our machine learning processes.
You agree that you are not entitled to a refund or remediation of any kind for any of the following reasons:
- You disagree in any way with our report, the opinions, critique or feedback we provide, or with the structure or contents of the report.
- You believe our report contained comments, data or information that were inaccurate, misleading or off the mark. Our service is constantly maturing and we strive to improve its accuracy and relevance with each updated release.
- You believe our report does not align with what previous readers have said.
- You disagree about the elements in the report we identified that we believe are important to success in the book marketplace.
- You are dissatisfied with the automated nature of our reports.
- You are dissatisfied with the data provided. You understand that we are not obliged to change that format or our service to your preferences.
- We cannot offer refunds for our Services. Our merchant gateways charge us a fee for every transaction. Those fees are also not refundable.
If you opt to share your manuscript in our knowledge base, the manuscript you submit will be stored in a password-protected location on our servers and cannot be returned.
If you do not opt to share your manuscript in our knowledge base, the manuscript you submit will be deleted from our database immediately after your report has been generated. Manuscripts that are uploaded cannot be returned to the owner.
2. Website content and ownership
Authors A.I. allows you, Users and other third parties to post or otherwise make available on the Site various materials, including articles, reviews, comments, links, photos, pictures, videos, recordings, and other forms of text, sound or graphics (“Content”). The Content posted or made available by you shall be specifically referred to as the “User Content.”
You retain the rights to your User Content and you are solely responsible for it. All intellectual property rights in and to the User Content are and shall remain your property, and Authors A.I. shall acquire no right of ownership with respect to your User Content.
Notwithstanding the above, you grant Authors A.I. a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, repost, modify, create derivative works, perform, and distribute User Content on the Site (including sites of a successor entity), mobile application(s) and other third party websites or applications for the purposes directly or indirectly connected to operating Site or Services now and in the future, including, among others, providing, improving, promoting, developing, or facilitating Services by us and using the Services by you and other Users.
The Site may contain posts, discussion forums, reviews, comment threads, galleries or other forums in which you or third parties may post Content, including reviews of Services, business partners’ services and personal experiences. If Authors A.I. provides such a platform for User Content, you are solely responsible for your use of such content and you use them at your own risk. In using the Site, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Authors A.I.;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- User Content that is unrelated to the topic of the Interactive Area(s) in which such User Content is posted; or
- User Content or links to content that, in the sole judgment of Authors A.I., (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Site and Services, or (d) which may expose Authors A.I. or its affiliates or its users to any harm or liability of any type.
We may also use the APIs (application programming interfaces) of our affiliated partners on our Site to deliver additional relevant Content to you.
You acknowledge that the Content appearing on the Site is protected by worldwide copyright laws and other applicable laws and regulations. Authors A.I. is either the owner of the Content, including all copyrights and other ownership and intellectual property rights therein, or has been granted the right to use the Content by its owner(s). Content may not be used, copied, reproduced, modified, distributed, posted or transmitted in any manner, other than as specifically provided for herein, without the express prior written permission of Authors A.I. in each instance, except under well-established fair use exceptions to U.S. Code Title 17. You cannot use the Content for your commercial purpose or in connection with the products or services of a competitor of Authors A.I. Any use of the Content by you must be in accordance with all applicable national, foreign or local laws, statutes, rules and regulations.
Authors A.I. is not liable for any statements, representations or Content provided by its users on the Site or on social media. Authors A.I. takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Authors A.I. liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, translate or edit without notice any Content (including User Content) posted or stored on the Site or Services or, to the extent possible on our social media profiles, at any time and for any reason, or to have such actions performed by third parties on our behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site or on our Services at your sole cost and expense.
Any use of the Content in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Site and our Services.
All intellectual property rights in and to the Software, Site and Services and other Authors A.I. IP are and shall remain the sole property of Authors A.I. and its affiliates and licensors, as applicable, and you shall acquire no right of ownership or use with respect to any Software or other Authors A.I. IP except as specified in this Agreement. Without limiting the foregoing, you acknowledge that the Software and the Service and the inventions, know-how and methodology embodied therein are proprietary to, and contain valuable trade secrets of, Authors A.I. and its affiliates and licensors, as applicable, and that the Software and Services constitute Confidential Information of Authors A.I.
You may from time to time provide Authors A.I. with suggestions, comments, recommendations, improvements, solutions, bug fixes, features, concepts, techniques, ideas, know-how and/or any feedback regarding the Services, the Software, the Site and/or any of Authors A.I.’s related technologies (“Feedback”). Any and all Feedback is and shall be given entirely voluntarily. Feedback shall be exclusively owned by Authors A.I., and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result Authors A.I. shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you or any other person or entity.
3. Registration and security
By registering on the Site or for any of our Services, you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this Agreement. You agree to provide Authors A.I. with accurate and complete registration information and to promptly notify Authors A.I. in the event of any changes to any such information.
You shall be solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Site and/or the Services and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform Authors A.I. if there is any reason to believe that a user ID, password or any other security device issued by Authors A.I. has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. Authors A.I. reserves the right at its sole discretion to request that you change your password(s) in connection with the Services.
You are solely responsible for all activity in connection with access to the Site or Services through your account or using your password, and for the security of your computer systems, and in no event shall Authors A.I. be liable for any loss or damages relating to such activity.
Authors A.I. may provide you with the ability to submit manuscripts for analysis, post or read content related to books, authors and writers, or join Authors A.I. as a Member, entitling you to additional privileges and responsibilities.
By joining Authors A.I. under our Marlowe Pro Membership Agreement, you are entitled to have an Author Page and Book Pages on our reader-focused website BingeBooks.com for as long as your membership remains in good standing.
If you have registered to use certain Services and/or Software on a trial basis, then you may use such Services and Software only for noncommercial evaluation purposes during the applicable trial period.
Your access to or use of the Services and/or Software shall be contingent upon your payment of all applicable fees as described on the Site or Software at the time (“Fees”).
Upon registering for Services, you will be required to designate a valid payment method. You hereby authorize Authors A.I. to charge to your designated account all Fees relating to the Services you select, and you agree to pay all such Fees in accordance with the applicable payment method terms and conditions. All payments are final, and you enter into all subscriptions or memberships with the understanding that no refunds will be given.
Authors A.I. reserves the right to revise its Fees, including by increasing or adding new Fees, at any time with ten (10) days’ notice. Such notice may be sent to you by email to your most recently provided email address or posted on the Site or by any other manner chosen by Authors A.I. in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on the Site on the day it was posted. Your use of the Services after the ten (10) day notice period constitutes your acceptance of the new or revised Fees. If you do not agree to the revised Fees, you may cancel your subscription by following the “View cancellation instructions” link below.
To ensure uninterrupted service, all subscriptions to the Site, Software and Services are renewed automatically. You hereby authorize Authors A.I. to charge subscription Fees for the renewal period to the payment method on file. All subscriptions are renewed at the subscription level(s) and Fees in effect at the time the then-current subscription term ends. You may cancel the subscription at any time.
Authors A.I. may offer a free trial membership from time to time with regard to certain Software or Services (a “Trial”). By accessing or using the Site, Services or Software, you agree to the terms of any such Trial and further agree to any changes Authors A.I. may make to such Trial as described in “Changes to Services or Terms” below. If you cancel the Services before the end of the trial period, all your rights to any remaining free trial period will be waived, and you will not be eligible to participate in any further Trials, except as allowed by Authors A.I. in its sole discretion.
Termination and refund policy
This Agreement shall continue until you cancel your subscription or until terminated by Authors A.I. You may cancel your subscription at any time. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective (unless your access is suspended or terminated as set forth below).
Authors A.I. may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that Authors A.I. determines, in its sole discretion, violate this Agreement or the rights of Authors A.I. or any third party, or is otherwise inappropriate. Without limitation, Authors A.I. may deny you access to the Services, or terminate this Agreement and your account, if your use of the Services exceeds the 30-day and 24-hour use limitations set forth under the section titled “License.”
Upon termination of your account(s) for any reason, your right to use the Services and Software and to access the Site and any of its content will immediately cease and all content in your account(s) will be deleted. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions. Except as may be expressly set forth herein, all Fees paid or accrued in connection with any Services are non-refundable, and Authors A.I. will not prorate any Fees paid for a subscription that is terminated before the end of its term.
5. Mobile services
The Site, Software and Services may include products and services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that Authors A.I. may communicate with you regarding Authors A.I. and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your mobile telephone number.
6. Consent to receive email
For users located outside of the European Economic Area (EEA): Your registration to use the Site and/or Services constitutes your consent to receive email communications from Authors A.I., including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, at any time by following the link included in the email messages.
For users located in the European Economic Area (EEA): We only send marketing communications to users located in the European Economic Area (EEA) with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found within Authors A.I. emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.
7. Links to third-party sites
The Site and Services may contain hyperlinks to websites operated by parties other than Authors A.I. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Authors A.I. to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
Authors A.I. displays photos, videos and other material from users, freelance writers and other third parties. All of these individuals, businesses and organizations retain their copyright to their works, and Authors A.I. makes no claim over such works unless so stated in a contract with said party.
Authors A.I. respects the intellectual property rights of others, and we expect you to do the same. It is our policy, in appropriate circumstances and at our discretion, to quickly remove infringing material brought to our attention and to disable and/or terminate the Authors A.I. Accounts of Users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, Authors A.I. will respond expeditiously to claims of copyright infringement committed using the Site or Application that are reported to the email address indicated below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site or Application by sending us a notice of alleged infringement. Upon receipt of the notice as described below, Authors A.I. will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Site.
In order for us to review your notice, it has to:
- Identify the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by the notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is 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, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law.
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver the notice, with all items completed, to the following address:
Authors A.I. Copyright Agent
P.O. Box 6711
Miramar Beach, FL 32550
Telephone 1-925-600-7641 (U.S. country code 1)
Email: [email protected]
If you receive a notification that Authors A.I. has removed your work from its Site or Sites because of a copyright notice filed by another party, and if you believe the material was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy of that notice to the party who filed the original complaint. If we do not receive notice within ten (10) business days that the party who submitted the original complaint is seeking a court order to prevent further infringement of the disputed content, we will remove the complaint from your account’s record, and we may replace the content that was removed.
There are legal and financial consequences for fraudulent and/or bad faith submissions. Before you submit a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error.
Follow these steps to file a DMCA counter-notice:
- Email your counter-notice to [email protected]
- Include ALL of the following:
- Your name, address, and telephone number.
- DMCA ID (from the takedown notice) printed at the bottom of the notification email.
- The source address of the content that was removed (copy and paste the link in the notification email).
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Authors A.I. may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent for that person.
- A physical or electronic signature (for example, typing your full name).
9. Rewards programs and contests
From time to time, Authors A.I. may post Rewards programs, Loyalty programs or Contests (“Rewards Programs”) with various names for the general public to join or participate in. You must be 18 years or older to join or participate.
Such Programs may involve earning points or free amenities in return for membership or in return for an exchange of services with Authors A.I. Authors A.I. may partner with outside third-party services in order to provide said benefits to members.
These Terms and Conditions (the “Program Rules”) govern the Rewards Programs and the Company’s relationships with members of either Rewards Program (“Members,” individually, a “Member” or “you”). Membership in the Rewards Programs is subject to the Program Rules set forth below, and these Program Rules apply universally to all Rewards Programs overseen or operated by Authors A.I. unless specifically indicated otherwise. By opening an account or joining such Rewards Program, you that:
(a) You have read, understood and accepted these Program Rules; and
(b) You consent to Authors A.I.’s processing of data that is personal to you, and disclosure of such data to third parties, in accordance with Authors A.I.’s privacy statement.
The Program Rules are set forth as follows:
- When you enroll in a Program, you may be granted an upgraded status and may receive certain membership benefits: You qualify to collect points, credits or virtual dollars that can be redeemed for real-world benefits. Authors A.I. makes no warranty about fulfillment or services provided or not provided by such third-party entities. Authors A.I. reserves the right to remove individuals as participants in the Program or Programs.
- Members admitted to the Program may receive communications from Authors A.I. pertaining to the Program, to third-party sites or to other offerings from Authors A.I. or Authors A.I.’s partners. Members of each Rewards Program may earn different Membership levels, points or credits, depending on the nature of their subscriptions and subsequent actions on the Authors A.I. website or partner websites.
- After applying to the Rewards Program, a Membership Account will be opened and a Membership Number will be assigned to each applicant. Upon receiving this number, an individual becomes a Member eligible to earn Rewards Program points or credits. Members may redeem accumulated points or credits at any time.
- The accumulation of points and credits is subject to the Program Rules. Each Rewards Program Member is responsible for reading the Program Rules, newsletters, and Account statements in order to understand his or her rights, responsibilities, and status in the Rewards Program, as well as the structure for earning rewards (“Rewards”, individually, a “Reward”).
- Participation in the Rewards Program is subject to the Program Rules, rules, regulations, policies and procedures that Authors A.I. may, in its discretion, adopt from time to time. Authors A.I. may amend the Program Rules at any time without notice. Authors A.I. has the sole discretion to interpret and apply the Program Rules.
- Points are not transferable between Members.
- The Rewards structure is subject to modification, cancellation, or limitation at the Company’s discretion, with or without notice. The number of points or credits required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions on any Reward or reward redemption (“Reward Redemption”) may be imposed at any time.
- Authors A.I. and its partners have the right to change, limit, modify or cancel the Rewards Program Rules, Rewards and reward levels at any time, with or without notice, even though such changes may affect the value of points or credits, or the ability to obtain certain Rewards. Authors A.I. and its partners may, among other things: a) increase or decrease the number of points or credits received; b) withdraw, limit, modify or cancel any Reward; c) change program benefits, locations served by Authors A.I. or its partners, conditions of participation, rules for earning, redeeming, retaining or forfeiting points or credits, or rules governing the use of Rewards; d) change or cancel its partner Rewards. In accumulating points or credits, Members may not rely upon the continued availability of any Reward or Reward level or category.
- Additionally, Authors A.I. has the right to terminate the Rewards Program by providing written notice (including online or email notifications) to its Members one month in advance of Rewards Program termination. In that event, the right to earn points and credits and redeem Rewards may end one month after notification, no matter the extent of Member participation in the Rewards Program. Authors A.I. may terminate the Rewards Program earlier in whole or in part in any jurisdiction(s) if required to do so by applicable law.
- POINTS EXPIRATION POLICY: Members must remain active in the Rewards Programs to retain points they accumulate. Notification (by email or other electronic communication) will be provided at least seven days in advance before a Member’s Account is suspended. Once points have been forfeited, the points cannot be reinstated, but a Member can earn new points, unless that Member’s account is deactivated too.
- Authors A.I. reserves the right to reject applications for Membership, to revoke, cancel or suspend any Rewards Program Membership, Reward and/or any and all unredeemed points or credits, or take other action at its discretion, at any time with immediate effect and without written notice or liability to any Member, if Authors A.I. believes: (a) the Member has (1) violated any of the Program Rules, (2) failed to pay any bills or accounts due to Authors A.I. or a participating third-party partner, (3) acted in a manner inconsistent with applicable law, regulations or ordinances, (4) engaged in any misconduct or wrongdoing in connection with the Rewards Program, including without limitation, involving point credits, Reward use, or Member benefits, or (5) engaged in abusive, fraudulent, inappropriate, or hostile conduct in connection with the Rewards Program, Authors A.I., its employees or partners; or (b) Authors A.I.‘s provision of the Rewards Program and/or any associated benefits (including but not limited to points or credits) to Member may violate any applicable laws to which Authors A.I. is subject from time to time.
- Nothing in these Program Rules will limit Authors A.I. from exercising any legal rights or remedies that it may have.
- VOID WHERE PROHIBITED: Membership in the Rewards Program, the awarding of points and credits and the redemption of Rewards Program Certificates are automatically void where prohibited by applicable law.
- Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions (“access codes”) of partner websites. The content contained in such restricted areas is confidential to said partner, and is provided to the Member for his or her personal use only. Authors A.I. reserves the right to prohibit the use of such access codes by the Member or on his or her behalf by third parties where Authors A.I. determines that such use interferes with the websites’ operation or results in commercial benefits for other entities to Authors A.I.’s detriment.
- These are the complete Program Rules applicable to Members who earn points or credits. Authors A.I. has the sole discretion to interpret and apply the Program Rules, and all questions or disputes regarding these Program Rules will be resolved by Authors A.I. in its sole discretion.
10. Data collection and privacy
Authors A.I. does not collect personally identifiable information from you except to the extent you have explicitly given such information to Authors A.I. We will not track your online purchases or online activity after you leave our Site.
In addition, Authors A.I. may engage third parties to conduct risk control and fraud detection/prevention activities. As part of such engagements, if you initiate a transaction on the Site or through the Services, Authors A.I. may give such third parties access to your pertinent credit card and other personal information. Such third parties may only use such personal information for purposes of performing risk control and fraud detection/prevention activities for us. However, they may also convert such personal information into hashed or encoded representations of such information to be used for statistical and/or fraud prevention purposes. By initiating any such transaction, you hereby consent to the foregoing disclosure and use of your information.
11. Disclaimers, No warranties
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS AUTHORS A.I.’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATION OR SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SITE, APPLICATION OR SERVICES.
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SITE, APPLICATION AND SERVICES.
ALL SERVICES, INFORMATION, SOFTWARE, PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AUTHORS A.I. DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SITE, APPLICATION, THEIR SERVERS OR ANY EMAIL OR MESSAGE SENT FROM AUTHORS A.I., ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUTHORS A.I. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IN NO EVENT SHALL AUTHORS A.I. (OR ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE OR APPLICATION INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE OR APPLICATION; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SITE OR APPLICATION, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF AUTHORS A.I. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AS A USER OF THIS SITE OR APPLICATION, YOU UNDERSTAND AND AGREE THAT: NEITHER AUTHORS A.I. NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR AUTHORS A.I. ACCOUNT; AND THE UNAUTHORIZED USE OF YOUR PASSWORD OR AUTHORS A.I. ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH AUTHORS A.I. AND OTHER USERS.
If we are found liable for any loss or damage that arises out of or is in any way connected with your use of our Site, Application or Services, then our liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Authors A.I. for the transaction(s) on this Site giving rise to the particular claim, or (b) One Hundred Dollars (US $100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Authors A.I.
You agree to defend and indemnify Authors A.I. and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your breach of these Terms or the documents referenced herein; your violation of any law or the rights of a third party; or your use of the Site or Services.
13. Dispute resolution
For any dispute you have with Authors A.I., you agree to first contact us and attempt to resolve the dispute with us informally and amicably. If Authors A.I. has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Authors A.I. agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AUTHORS A.I. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14. Governing law; Forum selection clause
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles that provide for the application of the law of another jurisdiction. If for any reason a claim cannot proceed in arbitration as per Section IX of these Terms, we each agree to submit to the personal jurisdiction of a state court located in the United States District Court for the Northern District of Florida.
15. General provisions
You understand that acceptance of these terms is legally binding. By accepting these terms, you are joining into a binding, legal contract that is valid and enforceable within a court of law.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Authors A.I. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement; Severability
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
To contact us with questions or comments, please use the following:
P.O. Box 6711
Miramar Beach, FL 32550