This Publisher Agreement (“Agreement”) is a binding contract between you and The Write Kit LLC. (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of The Write Kit’s products and services (referred to below simply as “The Write Kit”) to publish and distribute content to the web. If you use The Write Kit for this purpose, you are a Creator. In this Agreement, we refer to people view your content as Readers. 

Using The Write Kit in any way means that you agree to this Agreement, and this Agreement will remain in effect while you use The Write Kit. This Agreement includes everything in this document, as well as those in the Terms of Use, Privacy Policy, Content Guidelines, Copyright Dispute Policy, and all other rules and procedures that may be published from time to time by us on The Write Kit. In the event of any conflict between this Agreement and any other terms and conditions you have agreed to with The Write Kit, this Agreement will prevail with respect to its subject matter. 

You must be of legal age to form a binding contract to use The Write Kit. You may not and must not use The Write Kit if you are under 16 years old.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children.  We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for The Write Kit or send any personal information about yourself to us.

If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible.  If you believe that a child under 16 may have provided us personal information, please contact us at tos@thewritekit.com.

If you’re agreeing to this Agreement on behalf of an organization or entity, you must be authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).

If you don’t agree to all of the following, you may not use or access The Write Kit in any manner. If you have any questions, comments, or concerns regarding the Agreement or our products and services, please contact us at tos@thewritekit.com.

Ownership

First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to The Write Kit remains yours and is protected by copyright and any other applicable intellectual property laws.

However, please note that you agree to grant us a limited license to your content in order to enable us to operate The Write Kit. This license allows us to promote your content and help you succeed on The Write Kit. 

You agree that this limited license includes a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable right (a) to market your website and to permit others to use, access, and download your website through The Write Kit, and (b) to use your tradename(s), trademark(s), and logo(s) in connection with the distribution and marketing of content. For further details, please see “Posting Content on The Write Kit” in the Terms of Use, which is incorporated into this Agreement by reference. 

Relationships with Readers

You agree to the following rules around your relationships with Readers and other users of The Write Kit:

• Sole Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content you distribute through The Write Kit and for the consequences of your actions by doing so. This means that you acknowledge and agree that you are solely responsible for ensuring distribution of your content, our actions under this Agreement are solely to assist you in facilitating distribution. 

Acceptable Use

You are responsible for all your activity in connection with The Write Kit! 

Make sure that you use The Write Kit in a manner that complies with the law and is permitted by this Agreement. If your use of The Write Kit is prohibited by applicable laws, then you aren’t authorized to use The Write Kit. We can’t and won’t be responsible for you using The Write Kit in a way that breaks the law.

You also represent and warrant that you will not publish publications or otherwise use The Write Kit in a manner that:

• is fraudulent, threatening, harassing, tortious, defamatory, or in any way violates The Write Kit’s Content Guidelines;

• interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of The Write Kit or any third party;

• infringes, violates, or misappropriates any law, statute, ordinance or regulation or rights of any third party;

• spreads a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

Please review the “Acceptable Use Policy” detailed in the Terms of Use, as those rules are also incorporated into this Agreement by reference. 

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall The Write Kit, its licensors, or its suppliers be liable to you or to any other person for:

• Any indirect, special, incidental, or consequential damages of any kind, or

• Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with The Write Kit in the twelve-month period preceding the applicable claim.

No Warranties

The Write Kit is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of The Write Kit will be uninterrupted or error-free.

Privacy

The Write Kit takes privacy very seriously and is committed to processing your personally identifiable information (“Personal Information”) and that of other The Write Kit users in accordance with applicable privacy and data protection legislation. For more information on how we process Personal Information please see our current The Write Kit Privacy Policy.

Please note that our Privacy Policy only applies to the processing of Personal Information by The Write Kit as a data controller, meaning whenever we process Personal Information for our own purposes. Where The Write Kit processes Personal Information on behalf of you as a Creator, The Write Kit qualifies as a data processor and you qualify as a data controller for the purposes of applicable data protection law that uses these terms.

In that case the following terms apply to such data processing:

• Each party shall comply with their respective statutory or regulatory data protection obligations.

• The Write Kit shall process Personal Information in accordance with your instructions. The Write Kit shall have no liability whatsoever for violations of privacy and data protection laws that arise as a result of The Write Kit following your instructions under the Agreement.

• You are solely responsible for complying with any laws and regulations that apply to your processing of Personal Information on the The Write Kit platform. if appropriate. 

• You shall ensure that all Personal Information that you supply or disclose to The Write Kit has been obtained fairly and lawfully and that you have obtained all necessary consents and/or privacy notices required to permit The Write Kit to fulfil its obligations under this Agreement.

To the fullest extent allowed by applicable law, you agree to indemnify and hold The Write Kit, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims (including but not limited to fines or other sanctions imposed by data protection authorities) for any violations of this Publisher Agreement or applicable privacy and data protection laws attributable to you.

Terminating Your Account

Either party may terminate this Agreement at any time for any reason. Upon such termination of this Agreement, your right to use The Write Kit will immediately cease.  

We may terminate this Agreement or terminate, suspend, or restrict your access to or use of The Write Kit at any time, for any reason. Reasons that may lead to us terminating or restricting access to The Write Kit include a breach of any of the terms or conditions of this Agreement, your offensive or unacceptable behavior, objectionable material, or any other actions in violation of guidelines we specify. We will notify Creators as soon as reasonably practicable if Creators’ access to The Write Kit is suspended or substantially limited due to technical problems with the platform. 

You agree that this means that publications (or any content therein) may be removed from The Write Kit at any time in our discretion. You also agree that we retain the right to immediately halt the distribution of publications at our discretion. 

Changes to this Agreement

We are constantly trying to improve our products and services, so this Agreement may need to change along with The Write Kit. We reserve the right to change the Agreement at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means. 

If you don’t agree with the new Agreement, you are free to reject them; unfortunately, that means you will no longer be able to use The Write Kit. If you use The Write Kit in any way after a change to the Agreement is effective and notice has been provided, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us. 

Miscellaneous Terms

The above covers most of the questions that we typically receive about The Write Kit. We have grouped provisions that come up less frequently below:

• Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold The Write Kit, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of The Write Kit (including any actions taken by a third party using your account), and (b) your violation of this Agreement. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

• Assignment: You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your The Write Kit account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.

• Choice of Law: This Agreement is governed by and will be construed under applicable federal law and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.

• No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under this Agreement.

• No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of The Write Kit LLC., and you do not have any authority of any kind to bind us in any respect whatsoever. 

• Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. 

• Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable.

• Survival: You agree that the terms under the heading “Privacy”, “Sole Responsibility”, “Acceptable Use”, “Indemnification”, “Stopping Publication or Deleting a Publication”, “No Warranty”, “Limitation of Liability”, “Assignment”, “No Joint Venture”, “Severability”, “Arbitration”, and “Entire Agreement”, and any payment obligations incurred shall survive termination of this Agreement.

• Entire Agreement: You agree that this Agreement is the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.