We want to make sure you understand your rights while using fresh.ink, whether as an author or a reader. There's a lot to cover, so we've organized our terms into sections.
Effective from August 4, 2019
fresh.ink (the "Site") is owned and operated by fresh.ink software, LLC ("fresh.ink", "we", or "us") and is an online platform where authors connect short-stories, essays or novels to highly targeted beta readers for ratings, engagement analytics, and valuable feedback.
We connect authors with readers via our online platform (the "Platform"). Authors upload their pre-published work into our secure web application, which performs some analysis on the writing and then privately matches their work to select readers on the Platform. Those readers are then invited to read and give feedback.
You are responsible for User-Generated Content that you post.
Because we do not control the UGC posted on or through this Site or on the Platform, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site or the Platform. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of fresh.ink or any person or entity associated with it.
"Work" or "Works" are original prose writings of which you are the sole or partial author, that you have posted to fresh.ink. You may delete a specific Work you have posted to this system at any time. You acknowledge and agree that we may at any time and without notice delete Works from the system for any reason. Users retain all rights to the Works they post to the Site. The Site is not a data storage service and it is not a backup service. You are solely responsible for keeping backups of all of the content, including Works, you post to the Site, and you understand and agree that we shall not be liable to you or to any third party for loss related to: (a) an inability to access any content or data on the Site, including content or data you have posted yourself, and including Works and any edits, critiques, or comments on Works; or (b) an inability to access the Site itself.
We may disclose and/or remove User-Generated Content. fresh.ink has certain rights. We have the right (but do not assume the obligation) to:
monitor all UGC;
require that you avoid certain subjects;
remove or block any UGC at any time without notice at our sole and absolute discretion;
terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
many UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
any UGC that constitutes or encourages activity illegal under criminal or civil law;
any UGC that is false, misleading, or fraudulent;
any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
any request for or solicitation of any personal or private information from any individual to the extent such request is not consistent with the networking goals of this Site;
any request for or solicitation of money, goods, or services for private gain
any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national or international law, rule or regulation.
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or well-behaved web services/RSS/Atom clients. We reserve the right to define what we mean by well-behaved;
fresh.ink makes no claims to any rights over your work, even if you win a contest.
fresh.ink never makes your work searchable (either publicly on search engines such as Google, or within fresh.ink), readers must always be logged in and they can’t see work that they weren’t explicitly matched with. You can also opt in to take full control of who gets access to your work, approve any readers before they can open your story and limit how many readers can read your work. And of course, you can instantly withdraw and delete your work at any time via your fresh.ink dashboard and we’ll stop matching it to new readers, remove it from existing matched readers, and give any readers that are currently reading 90 days to finish before deleting it from their device automatically.
fresh.ink names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of fresh.ink and/or its affiliates (the "fresh.ink Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use fresh.ink Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of fresh.ink Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
fresh.ink does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
This Site, including all its content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of fresh.ink or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of this Site, you agree that to the extent you provide personal information to fresh.ink it will be true, accurate, current, and complete and that you will update all personal information as necessary. You also agree that you will use an image of yourself that you are authorized to use for your profile picture. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities or the unauthorized use of images owned by others is prohibited.
We make no representations or warranties with respect to this site or its content, or any product or service available on or promoted through this site. This site and all of its content (including user-generated content) are provided on an "as is," "as available" basis, without representations or warranties of any kind. To the fullest extent permitted by law, fresh.Ink, its affiliates, and their service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this site, its content, and any products or services available or promoted through this site. Without limiting the generality of the foregoing, fresh.Ink, its affiliates, and their service providers and licensors disclaim all representations and warranties (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) relating to the security of this site; (c) that the content of this site is accurate, complete or current; or (d) that this site will operate securely or without interruption or error.
We do not represent or warrant that this site, its servers, or any transmissions sent from us or through this site will be free of any harmful components (including viruses).
fresh.ink does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized fresh.Ink spokespersons. We do not endorse and are not responsible for any statements, advice or opinions contained in user-generated content and such statements, advice and opinions do not in any way reflect the statements, advice and opinions of fresh.Ink. We do not make any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data. You accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.
To the fullest extent permitted by applicable laws we, on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
The terms "fresh.ink," "we," "us," and "our" refer to fresh.ink
The term "Content" refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback.
The term "Feedback" refers to the Content you post on or through this Site that is specifically about how we can improve this Site, and the products and services we make available through this Site.
The term "including" means "including, but not limited to."
The term "Site" refers to the website located at https://fresh.ink and owned by fresh.ink software, LLC
The terms "User-Generated Content" or "UGC" refer to your publicly available profile information and all content that you post using the social networking tools we make available to you. UGC does not include "Feedback."
Email - firstname.lastname@example.org
Post - fresh.ink software, LLC, 245 Main St, Floor 2, Cambridge, 02142, United States