you for visiting THE WRITERS’ RETREAT.
THE WRITERS’ RETREAT endeavours to include accurate
and up-to-date information on its Web site. However, THE WRITERS’ RETREAT
offers no guarantees, express or implied, as to the accuracy or completeness
of the information contained or referenced therein. All users accept that all
access to and use of this site, and any site linked to this site, and the
content thereof, is at their own risk.
Personal information from those who communicate with us online may be
collected for the purpose of responding to specific questions, advising
visitors of new online material, activities and events, and offering
opportunities for contributing to our Web site. Our web server recognizes
consumer domain names for the purpose of analyzing Web site access and
improving the content of our Web site.
Any personal data submitted by the visitor to this Web site will not be used
for any direct marketing or unsolicited follow-up unless THE WRITERS’ RETREAT
has previously informed the visitor of this possible use and the visitor has
given THE WRITERS’ RETREAT an express permission for such utilization.
The content of this Web site, including THE WRITERS’ RETREAT's identifications, are the property of THE WRITERS’ RETREAT. No part of this Web
site may be copied, republished, stored in a retrieval system or otherwise
reproduced or transmitted in any form or by any means whatsoever, without the
prior written consent of THE WRITERS’ RETREAT.
This legal disclaimer is subject to change without notice. Therefore, we
recommend that you check this web page periodically for updates and
TERMS AND CONDITIONS OF SERVICE
The following Web site Terms and Conditions Agreement (the "Agreement") governs your use of the Web site[s] accessible at
universal resource locator http://www.writersretreat.com/ which is operated
by THE WRITERS’ RETREAT (referred to collectively as the "THE WRITERS’ RETREAT
Network", "THE WRITERS’ RETREAT", "we",
"our", or "us"). Your use of the Service constitutes your
acceptance of the Agreement. Your acceptance of the Agreement provides you
with the permission to use the resources of the Service, which permission is freely
revocable at any time, with or without cause, and with or without notice, by THE
WRITERS’ RETREAT, as described more fully below.
All copyright rights in the text, images, photographs, graphics, user
interface, and other content provided on the Service, and the selection,
coordination, and arrangement of such content, are owned by THE WRITERS’
RETREAT, as applicable among us to the full extent provided under the
Canadian copyright laws and all international copyright laws. Under applicable
copyright laws, you are prohibited from copying, reproducing, modifying,
distributing, displaying, performing or transmitting any of the contents of
the Service for any purposes. Nothing stated or implied on the Service
confers on you any license or right under any copyright of THE WRITERS’ RETREAT, or any third party.
The Service and the information contained in reference herein are for
informational purposes only. Any reproduction, copying, or redistribution for
commercial purposes of any materials or design elements of the Service is
strictly prohibited, without the prior written consent of THE WRITERS’
RETREAT. Systematic retrieval of data or other content from this Service to
create or compile, directly or indirectly, a collection, compilation, database
or directory without written permission from THE WRITERS’ RETREAT is
TRADE AND SERVICE MARK RIGHTS
All rights in the product names, company names, trade names, logos, product
packaging and designs of all THE WRITERS’ RETREAT or third-party products or
services, whether or not appearing in large print or with the trademark
symbol, belong exclusively to THE WRITERS’ RETREAT, as applicable, or their
respective owners, and are protected from reproduction, imitation, dilution
or confusing or misleading uses under national and international trademark
and copyright laws, as applicable. The use or misuse of these trademarks or
any materials, except as permitted herein, is expressly prohibited and
nothing stated or implied on this Service confers on you any license or right
under any patent, copyright or trademark of THE WRITERS’ RETREAT or any third
MODIFICATION OF THIS AGREEMENT
THE WRITERS’ RETREAT reserves the right to amend this Agreement at any time.
You are bound by any such revisions and should therefore periodically visit
this page to review THEn-current Terms and
Conditions to which you are bound. Your use of the Service after the posting
of modifications to this Agreement will constitute your acceptance of this
Agreement, as modified. If, at any time, you do not wish to accept this
Agreement, you may not use the Service.
This Service may contain links to other services ("Linked
Services"). The Linked Services are not under the control of THE
WRITERS’ RETREAT, and THE WRITERS’ RETREAT is not responsible for the
contents of the Linked Services, including, without limitation, links
contained on Linked Services, or any changes or updates to Linked Services. THE
WRITERS’ RETREAT provides any Linked Services to you only as a convenience,
and the inclusion of any such Linked Services is not an endorsement by THE
WRITERS’ RETREAT in favor of any company offering Internet services, products
or services on the Linked Services.
Other sites may link without prior permission to the home page of the Service
only through a plain-text link. Permission must otherwise be granted by us
for any other type of link to the Service. To seek our permission, you may
write to THE WRITERS’ RETREAT's Marketing
Department by email at firstname.lastname@example.org.
ADDITIONAL AGREEMENT BY LINKED SERVICES
Any third party Web site that links to the Service: shall not create a frame,
browser or border environment around any of the content of the Service; may
link to, but not replicate, Service content; shall not imply that THE
WRITERS’ RETREAT is endorsing or sponsoring it or its products or services;
shall not present false information about THE WRITERS’ RETREAT or its
products or services; shall not use THE WRITERS’ RETREAT trademarks without
the prior written permission from THE WRITERS’ RETREAT; and shall not contain
content that could be construed as distasteful, offensive or controversial.
Notwithstanding anything to the contrary contained in this Agreement, we
reserve the right to deny or rescind permission to link to the Service from
any Web site, and to require termination of any link to the Service, for any
reason in our sole and absolute discretion.
Obligations: You are required to comply with all applicable law in connection
with your use of the Service, and such further limitations as may be set
forth in any written or on-screen notice from THE WRITERS’ RETREAT. As a
condition of your use of the Service, you represent and warrant that you will
not use the Service for any purpose that is unlawful or prohibited by this
Generally without limiting the foregoing, you agree not to transmit,
distribute, post, communicate or store information or other material on, to
or through the Service that: is copyrighted, unless you are the copyright
owner or valid licensee to such materials and you have the right to grant THE
WRITERS’ RETREAT the rights under this Agreement; reveals trade secrets,
unless you own them, or you are the valid licensee to such materials and you
have the right to grant THE WRITERS’ RETREAT the rights under this Agreement;
infringes on any other intellectual property rights of others or on the
privacy or publicity rights of others; is obscene, defamatory, threatening,
harassing, abusive, hateful, slanderous or embarrassing to any other person
or entity or in violation of applicable law as determined by THE WRITERS’ RETREAT in their sole discretion; is sexually-explicit; constitutes
advertisements or solicitations of business, surveys, contests, chain letters
or pyramid schemes; or contains viruses, Trojan horses, worms, time bombs, or
other computer programming routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or information.
You further agree not to: use any incomplete, false or inaccurate
biographical information or other information for purposes of registering as
a user of the Service, or for purposes of registering for any promotions
offered through the Service; delete or revise any material or other
information of any other user of the Service; harvest, collect, or send
information about others, including e-mail addresses, without their consent;
take any action that imposes an unreasonable or disproportionately large load
on the Service's infrastructure; use any device, software or routine to
interfere or attempt to interfere with the proper working of the Service or
any activity being conducted on this site; use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatar's or intelligent agents) to
navigate or search the Service to harvest or otherwise collect information
from the Service to be used for any commercial purpose; allow any other
person or entity to use your username or password for posting or viewing
comments or sending or receiving materials; or attempt to decipher,
decompile, disassemble or reverse engineer any of the software comprising or
in any way making up a part of the Service.
You further agree not to violate or attempt to violate the security of the
Service, including, without limitation: accessing data not intended for you
or logging into a server or account that you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including,
without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing"
or "crashing", the Service; sending unsolicited e-mail, including
promotions and/or advertising of products or services; or forging any TCP/IP
packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal
liability. THE WRITERS’ RETREAT may investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
THE WRITERS’ RETREAT reserves the right (but does not have the obligation) to
review postings on its Service, to remove any postings, and to terminate your
ability to post to the Service at any time without notice, in its sole
discretion. THE WRITERS’ RETREAT also reserves the right to disclose any
information necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part.
You are responsible for, and assume all liability associated with, any
material you make available or transmit through the Service, whether through
chat rooms, messages boards or other forums, including liability for claims
of infringement, libel and slander. You may not post, transmit through or
otherwise make available on or through the Service
(i) any material that
violates or infringes in any way upon the rights of others, that is unlawful,
defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist,
threatening, hateful or otherwise objectionable or that encourages conduct
that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law,
(ii) without the express written consent of the owner thereof, any
copyrighted material, or
(iii) without the express prior written consent of THE WRITERS’ RETREAT any
advertising or any solicitation with respect to products or services (unless
posted in an area specifically designated for that purpose). Although THE
WRITERS’ RETREAT does not and cannot review every message posted on or
transmitted through the Service, THE WRITERS’ RETREAT shall be under no
obligation to permit any material posted or transmitted to remain on the
Service, and may remove from, or refuse to display on the Service any
material that THE WRITERS’ RETREAT, in the exercise of their sole discretion,
believe violates this Agreement.
Granted we do not claim ownership of any information or material you
transmit, distribute, post, communicate or store on, to or through the
Service (expressly excluding your user data which is collected in accordance
submitting or posting Your Content, to or through the Service, you grant THE
WRITERS’ RETREAT a world-wide, royalty free, perpetual, irrevocable and
non-exclusive right (including any moral rights) and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display Your Content anywhere, for any purpose, and
in any form, media or technology now known or later developed. No
compensation will be paid with respect to the use of Your Content. THE
WRITERS’ RETREAT are free to use any ideas, concepts, know-how, or techniques
contained in Your Content for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products using Your
Content. THE WRITERS’ RETREAT is under no obligation to maintain any of Your
Content and may remove any of Your Content at any time in its sole
By posting or submitting Your Content to this Service, you also represent and
warrant that you own or otherwise control all of the rights to Your Content,
and that use of Your Content by THE WRITERS’ RETREAT will not infringe or
violate the rights of any third party or violation applicable law.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this
Service in a way that constitutes copyright infringement, please provide THE
WRITERS’ RETREAT Copyright Agent with the following information:
identification of the copyrighted work claimed to have been infringed;
identification of the allegedly infringing material on the Service that is
requested to be removed; your name, address and daytime telephone number, and
an e-mail address if available, so that someone from THE WRITERS’ RETREAT may
contact you if necessary; a statement that you have a good faith belief that
the use of the copyrighted work is not authorized by the copyright owner, its
agent, or the law; a statement that the information in the notification is
accurate, and under penalty of perjury, that the signatory is authorized to
act on behalf of the owner of an exclusive copyright right that is allegedly
infringed; and an electronic or physical signature of the copyright owner or
someone authorized on the owner's behalf to assert infringement of copyright
and to submit the statement. THE WRITERS’ RETREAT' Copyright Agent address
for Notice of claims of copyright infringement on the Service is
THE WRITERS’ RETREAT reserves the right to remove any posted submission which
infringes the copyright of any person under the laws of Canada.
REGISTRATION, USERNAME, PASSWORD, SECURITY.
Registration may be required for the use of certain portions of the Service.
Your registration shall not impose any duty on us to provide any particular
service to you. If the terms of any THE WRITERS’ RETREAT registration
agreement conflict with the terms of this Agreement, the registration
agreement shall control. Your User Identity. Your
[username and password will be your identity for purposes of interacting with
Service and other users through the Service.
User Name, Passwords, and Password Access
You shall keep confidential, shall not disseminate, and shall use solely in
accordance with this Agreement, your [username, and password for the Service.
You shall immediately notify THE WRITERS’ RETREAT if you learn of or suspect:
loss or theft of your username or password, or
(ii) any unauthorized use of your username or password or of the Service.
In the event of such loss, theft, or unauthorized use, THE WRITERS’ RETREAT
may impose on you, at THE WRITERS’ RETREAT' sole discretion, additional
security obligations. Security Breaches and Revision. If any unauthorized
person obtains access to the Service as a result of any act or omission by
you, you shall use your best efforts to ascertain the source and manner of
acquisition and shall fully and promptly brief THE WRITERS’ RETREAT. You
shall otherwise cooperate and assist in any investigation relating to any
such unauthorized access.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS." THE WRITERS’ RETREAT MAKES NO
REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON
RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEB
SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR
INDIRECTLY THROUGH THE SERVICE. THE WRITERS’ RETREAT DISCLAIM TO THE MAXIMUM
EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WRITERS’ RETREAT
DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL
(i)WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
(ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY
OR PROPRIETARY RIGHTS,
(iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN
THE SERVICE, OR ANY PART THEREOF,
(iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE,
(v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND
(vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER
ACTS OR OMISSIONS BY THE WRITERS’ RETREAT OR ANY THIRD PARTY.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE
IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE
NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
THE WRITERS’ RETREAT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR
IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM
ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION
ON THIS SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL
RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
LIMITATION OF LIABILITIES
IN NO EVENT WILL THE WRITERS’ RETREAT OR THEIR AFFILIATES, OR ANY PARTY
INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, OR ON ANY WEB
SITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE
LINKED TO THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL THE WRITERS’
RETREAT OR THEIR AFFILIATES ORANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER
PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE,
INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS,
LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES
THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR
LOSS OF THE USE OF THE SERVICE) EVEN IF THE WRITERS’ RETREAT OR ANY THIRD
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
THE WRITERS’ RETREAT RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SERVICE
IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL
NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE
LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE WRITERS’
RETREAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE WRITERS’ RETREAT' LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE WRITERS’ RETREAT'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE
HUNDRED DOLLARS ($100.00).
Upon a request by THE WRITERS’ RETREAT, you agree to indemnify and hold
harmless THE WRITERS’ RETREAT and their respective subsidiaries, affiliates,
directors, officers, agents, licensors, co-branders or other partners and
employees from and against all liabilities, claims and expenses, including
reasonable attorneys' fees, made by any third party due to or arising out of
content you submit, post to or transmit through this Service, your use of the
Service, your violation of this Agreement or your violation of any rights of
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws
of the Province of Quebec, Canada and the parties submit to the exclusive
jurisdiction of the Courts of Québec, City of Sherbrooke, District of Saint-François.
The Service is operated in the province
of Quebec, Canada. We do
not represent that content or materials presented on the Service are
appropriate or available for use in other locations. If you access the
Service from a jurisdiction other than Canada, you agree that you do so
on your own initiative, and are responsible for compliance with local laws,
if and to the extent local laws are applicable to your use of the Service.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire
agreement between you and THE WRITERS’ RETREAT and governs your use of this
Service, superceding any prior or contemporaneous
communications and proposals (whether oral, written or electronic) between
you and THE WRITERS’ RETREAT. If any portion of this Agreement is held invalid
or unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intention of
the parties, and the remaining portions shall remain in full force and
effect. This agreement may be modified only by our posting on the Service
changes to this Agreement, or by a subsequent writing signed by THE WRITERS’ RETREAT.
The failure of THE WRITERS’ RETREAT to enforce any provisions of this
Agreement or respond to a breach by you or other parties shall not in any way
waive its right to enforce subsequently any terms or conditions of this
Agreement or to act with respect to similar breaches.
NO PROFESSIONAL ADVICE
Any information supplied by any employee or agent of THE WRITERS’ RETREAT,
whether by telephone, e-mail, letter, facsimile or other form of
communication, is intended solely as general guidance on the use of the
Service, and does not constitute legal, tax, accounting or other professional
advice. Individual situations and provincial laws vary and users are
encouraged to obtain appropriate advice from qualified professionals in the
applicable jurisdictions. THE WRITERS’ RETREAT makes no representations or
warranties concerning any course of action taken by any person following or
otherwise using the information offered or provided within or through the
Service, and THE WRITERS’ RETREAT will not be liable for any direct,
indirect, consequential, special, exemplary or other damages that may result,
including but not limited to economic loss, injury, illness or death.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and THE WRITERS’ RETREAT as a result of this
Agreement or your use of this Service. Nothing contained in this Agreement is
in derogation of THE WRITERS’ RETREAT' right to comply with governmental,
court and law enforcement requests or requirements relating to your use of
this Service or information provided to or gathered by THE WRITERS’ RETREAT with
respect to such use. A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
THE WRITERS’ RETREAT reserves the right, in its sole discretion, to terminate
this Agreement and your access to all or part of this Service, with or
without notice and with or without cause. Termination of your access to this
Service means the revocation of the permission to use the resources of the
Service granted to you under this Agreement by THE WRITERS’ RETREAT. The
provisions of this Agreement will survive the termination of your access to
the Service and of this Agreement.
THE WRITERS’ RETREAT may give notices to users of the Service, at THE
WRITERS’ RETREAT' option, by posting a message on the Service, by electronic
or conventional mail or by any other means by which users obtain actual
knowledge thereof. Notices by users to THE WRITERS’ RETREAT must be given by
electronic or conventional mail. Notices to THE WRITERS’ RETREAT by
electronic mail must be sent to email@example.com.
Notices to THE WRITERS’ RETREAT by conventional mail must be sent to:
15 Canusa Street, Stanstead,
Quebec, Canada, J0B 3E5 to the Owner
Notices by a user to THE WRITERS’ RETREAT will not change the terms of this
Agreement unless the change is expressly accepted in writing by an authorized
officer of THE WRITERS’ RETREAT.
Please report any violations of this Agreement to THE WRITERS’ RETREAT's Customer Service at firstname.lastname@example.org.