Welcome to Rm Harrington Short Stories, Terms of Service!
This Terms of Service Contract (Terms) governs your use of the Rm Harrington Short Stories website, applications and services (the “Service”).
BY MAKING USE OR, SIGNING UP OR ACCESSING THE SERVICE, YOU ACKNOWLEDGE AGREEMENT TO THIS TERMS OF SERVICE AGREEMENT, AND CONFIRM THAT IT STANDS AT THE SOLE RESOLUTION FOR ANY DISPUTE BY ARBITRATION.
1. Summary of Terms
- Ø This Terms carries the precise force and effect as a physically signed Agreement or Contract.
- Ø If you do not concur to the contents of this Terms, you are not authorized to make use of the Service.
- Ø Each and every time you gain access to, upload or download content from this Service, you confirm agreement to the Terms as defined at that current time of access.
- Ø This Terms remains ever and at all times subject to change; therefore awareness of the conditions associated with this Agreement is your responsibility. Failure to review this Terms does not invalidate the conditions of the Agreement.
- Ø If we modify this Terms, the new version will be posted for your viewing.
- Ø You acknowledge understanding, acceptance and freely concur that your continued use of the Service after we post or provide notification of changes to the Terms qualifies as agreement with the Terms as newly stated.
- Ø The laws of the State of North Carolina govern this Agreement.
- Ø In the event of dispute with Rm Harrington Short Stories, you agree to resolve the issues as provided in the Dispute Resolution Procedures detailed in this Terms.
- Ø When we state the term “You” or “Your,” it designates the person or entity that uses or has used the Service as an end user.
- Ø The term “Login” defines a combination of unique username and password that you use when accessing the Service. Your login serves as your license to use the Rm Harrington Short Story Service for a period of specified time.
- Ø The terms “Membership” or “Members” designates a single registration and/or subscription account per user of a valid Rm Harrington Short Stories username and password (login) during your term of Service subscription.
- Ø In this Agreement, the terms “We” or “Us” defines com, its brands, affiliates, subsidiaries and operating divisions.
2. About the Service
- Ø The Service comprises the https://www.rmharringtonshortstories.com online website and the associated applications and services offered as members access to databases and content. Furthermore, Service comprises any opportunities we give to members as a freedom to share their own content.
- Ø You will be able to use the same User ID and passwords to access all Services via a “single sign-on” process.
Although registration is not required to visit the Rm Harrington Short Stories website, certain aspects of the Service do require user registration. In order to sign up for a membership, you must:
- Ø Provide true, complete and up-to-date registration information about yourself;
- Ø Agree to abide by this Terms Agreement
- Ø AND Have legal capacity to enter into contracts.
- Ø As the owner/operators of https://www.rmharringtonshortstories.com, we reserve the right to refuse Service to any user as well as the right to terminate accounts or change eligibility requirements at our sole discretion.
- Ø In order to make initial access to the extended Rm Harrington Short Stories Service, you must establish a legitimate login account via our user registration Service.
- Ø Any user login that we determine unacceptable will be rejected either temporarily or permanently.
- Ø Only one user is permitted per login and membership account.
- Ø As part of our single sign-on process, you authorize us to access our other affiliated websites, applications and services on your behalf using the login account credentials you set up for the Service.
4. Your responsibilities. When using the Services, you are responsible for the following:
- Ø To keep secure your User ID and all devices that You use to access the Service
- Ø For all conduct and activities on the Service that is associated with Your User ID
- Ø Making certain that no other people, services or entities use or have access to Your login credentials.
- Ø Keeping Your login credentials strictly confidential.
- Ø You understand and agree that we may track through the use of special software each subscriber’s entry to the Service to ensure compliance with these terms.
- Ø You will remain liable for unauthorized use of the Service until we are notified of the security breach by email or telephone.
- Ø You agree to assume the responsibility to notify us immediately if any breach of security, theft or loss of Your login, or unauthorized disclosure of Your login information occurs.
5. Ownership rights
Copyright law and other intellectual property laws and treaties protect the content and applications offered by or through the Service. The Service includes content owned or controlled by us as well as content owned or controlled by third parties and our end users that are licensed to us. We, along with the respective owners of any content on the Service, reserve all rights not specifically granted to You.
You may not reverse engineer, decompile or disassemble any aspect of the Service and the products and tools herein. You may not modify, adapt, or create derivative works from the Service or the products and tools herein.
Do not remove proprietary notices. Do not help anyone else to do any of the things prohibited in this subsection titled Ownership Rights.
6. We are not obligated for content provided by others
- Ø The study resources and other content presented on the Service are offered “as is” by others and made available for research, reference, informational and entertainment purposes only.
- Ø You understand and agree that the Service may contain content licensed to us by third party providers or by end users of the Service. We are not responsible or liable for content or materials that are prepared by, posted or provided by others and by our advertisers.
- Ø We are not responsible for content, services or activities on the Internet, including any websites or subject matter linked from the Service.
- Ø We have no duty to pre-screen uploaded, downloaded or displayed content. However, we reserve all rights of sole discretion in this matter and without liability to You. We do not make allowances for, support, or intentionally take part in plagiarism, unlawful copying or redistribution of copyrighted material or content. Neither do we support, exempt or condone any other acts of academic fraud or dishonesty. We reserve the right to remove content from the Service for any reason and without notice to You or any other User. Furthermore, we remain without fault or responsibility for any failure or delay in removing such material.
7. Authorization of Use
- Ø Provided that you have a valid and active membership, we grant you a single login to access the service or material located at the Service. This login shall be granted for sole use to one end user per membership account.
- Ø All memberships are provided for personal use, however we do support using this service for the express commercial purposes of book promotion via our BookTable interface. Commercial use of the Service or any material found within is strictly prohibited unless authorized by us.
- Ø No material within the Service may be transferred to any other person or entity, whether commercial or non-commercial.
- Ø You may not modify, alter, resell, redistribute, sublicense, display or make derivative works of any materials or content provided on the Service.
- Ø We may in our reasonable discretion terminate Your login at any time if the terms of this Agreement are breached. In the case that the terms are breached, You will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Service.
8. Usage Rules
You are required to know and comply with all laws of usage, including the specifics listed within this Terms Agreement. Do not violate the rights of other users
Charges and expenses related to the equipment and Internet access You use to connect to this Service are Your responsibility. Although we make daily backups of the Rm Harrington Short Stories website, you alone, at your personal expense, are responsible for protecting your private files and your Internet activities. You may use the Service and its content and materials to conduct research and as example documents for research use. You must properly cite and attribute any information that you may use from the Service. You may not submit, offer links from, share, post or transmit through the Service any material, or otherwise engage in any conduct that:
- Ø Constitutes plagiarism, academic fraud or dishonesty, or unauthorized copying of any content;
- Ø Is false, fraudulent or misleading (including any negligent misrepresentations),
- Ø Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- Ø Offers for sale any content or products;
- Ø Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- Ø Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Ø Impersonates any person, business or entity, including our employees and agents;
- Ø Contains viruses, Trojan horses, works, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Ø Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Ø Offers, promotes or encourages betting or wagering prohibited by law;
- Ø Violates this Agreement, guidelines, the anti-spam terms below, or any policy posted on the Service;
- Ø Interferes with the use of the Service by others;
- Ø Attempts to frame or redistribute the Service;
- Ø Insert your own or a third party’s advertising, branding or other promotional content into any of the Service content, materials or services;
- Ø Engage in the practices of “screen scraping”, “database scraping,” or any other activity with the purpose of obtaining and/or copying our database, our lists of users or other information;
- Ø Offers content that is completely commercial in nature, (i.e. ads);
- Ø Offers content that merely links to third party sites.; or
- Ø Modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any legends, notices, or markers, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted in these Terms.
We may take any legal and technical remedies to prevent the violation of this Agreement.
9. No Spam
The Service is to remain free of all Spam materials and content. This means that You will not use the Service for the purposes of transmitting, directly or indirectly, any Spam or other form of unsolicited bulk communications. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may terminate your membership and access to the Service immediately and take any other legal action if you, or anyone using your login violates these provisions.
Rm Harrington Short Stories makes no claim of ownership in any materials, books, posts and images or like content that users submit through the Service. However, any such content posted by users, including without limitation, Your own stories, articles, images, research papers or book excerpts, hereto defined as “Your Submissions,” are available to other users and to the public. In posting such information on the Service, you confirm and acknowledge that information as public and therefore susceptible to possible misuse by the public. t
By uploading, posting or otherwise offering Your Submissions for use or display on the Rm Harrington Short Stories website, You expressly grant to us a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license to display Your Submissions for public viewing, reading and selection, including without limitation the right for us or any third party designated by us to: use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future.
We reserve the right without obligation to edit Your Submissions within reason of ensuring quality reading and/or viewing by Our membership and the general public. Furthermore, You agree that We may use any comments, suggestions, complaints or other feedback you provide to us regarding our Service in any manner whatsoever for no compensation, attribution and without limitation of any kind. You may only upload or post Submissions in which you are the original author and holder of all rights to convey to us under this Agreement. By uploading or posting Your Submissions to the Service, you certify, represent and warrant to us that:
- Ø Your Submissions consist solely of work of which You hold absolute copyright as the original author
- Ø You hold full authority and rights to (i) enter into this Agreement, (ii) consent to us the rights of use concerning Your Submissions and (iii) freedom to post and/or edit Your Submissions to and on the Rm Harrington Short Stories website
- Ø You have not granted any exclusive rights to Your Submissions to anyone else
- Ø Your Submissions do not violate any proprietary rights or copyright conditions, nor do Your Submissions contain any libelous matter, nor invade the privacy of any person or entity
- Ø Rights to Your Submissions remain under Your control and have not in any form or format been sold, mortgaged or otherwise transferred to another party and that Your Submissions are free from liens or any other external claims
- Ø Your Submissions fully satisfy copyright requirements and are not a plagiarized work from any source
- Ø AND Where necessary, Your Submissions contain complete and accurate citations as expected for compliance with standard citation styles (e.g., MLA, etc.).
At any time, and without cause, we may cancel or terminate your access or membership in our sole discretion.
13. Electronic Messaging
By agreeing to receive notifications of changes, updates and site postings from https://www.rmharringtonshortstories.com, You actively permit Us to dispatch emails to You concerning your Rm Harrington Short Stories Service account. Along with general notifications, said emails may include response to an action taken or an inaction by You on this website. You may fully unsubscribe from email notifications from Rm Harrington Short Stories at any time of your choosing. Perform such action via the unsubscribe links on your account settings page or via the unsubscribe links found on every email package.
By agreeing to receive the rmharringtonshortstories.com newsletter You willing permit us to send emails and other electronic messages to Your logged Rm Harrington Short Stories email account. Such messages may contain new, site updates and/or promotions relating to rmharringtonshortstories.com products and Services. You may fully unsubscribe from email notifications from Rm Harrington Short Stories at any time of your choosing. Perform such action via the unsubscribe links on your account settings page or via the unsubscribe links found on every email package.
As a for-profit operation, our Service is supported via advertisement and sales affiliate revenue. By active use of the Service, You consent said advertising and affiliate product placements on the Service and within any email deliverer to You via the Service.
15. International Use
In response to the worldwide nature of the Internet, You concur to meet the terms of all local regulations concerning online behavior. Particularly, You concur to satisfy all applicable laws pertaining to the transmission of technical data exported from the country from which you access the Service and the features herein.
16. DISCLAIMER OF WARRANTIES
We provide the Service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of the Service. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICE AND ITS CONTENT AND MATERIALS WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICE AND ITS CONTENT ENTIRELY AT YOUR OWN RISK.
17. LIABILITY LIMITATION
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF THE SERVICE IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE, OUR OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON YOUR USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
18. Release, Indemnity
By availing yourself of your use of the Service, you agree to release and hold us and our employees, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any third-party providers or sources of information or data and legal advisers harmless from any and all losses, damages, rights, claims, and actions of any kind arising from or related to your use or misuse of the Service.
19. Electronic Agreement, Notice
We transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the appropriate Web page. By using the Service or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of either (i) accessing and using the Service and/or (ii) registering with us, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.
20. General Terms
- Ø This Terms comprises the complete agreement between you and us regarding your use of the Service.
- Ø In the event of necessity, and at any time, Rm Harrington Short Stories may reassign this Agreement in whole or in part and with or without notice to You.
- Ø You have no authority what so ever to assign or reassign this contract, in whole or in part, to any other entity or person.
- Ø If in any court of Law for any reason, any provision of this Terms shall be declared invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
- Ø If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
21. Procedures for Making Claims of Copyright Infringement
We are committed to complying with U.S. Copyright and related laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”), the pertinent portion, which you can review by clicking here. It is our policy to (1) block access or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that your copyrighted work has been copied and is accessible on our Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:
- Ø The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
- Ø A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Ø Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- Ø Identification of the URL or other specific location on this Service where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- Ø Your name, address, telephone number, and email address so that we may contact you.
- Ø A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Ø A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on this Service can be reached as follows:
3930 Cold Springs Road
Concord, NC 28025
22. Dispute Resolution
For any dispute that you have with us, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 23 below. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration as described below.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW AND TO THE EXTENT PERMITTED BY LAW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT OR OUR SERVICES, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION. We each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). THIS PROVISION APPLIES TO ANY USER WHO REGISTERS FOR ANY OF OUR PRODUCTS AND SERVICES ON OR AFTER March 13, 2018.