The Write Kit Terms of Service

v20221201

You agree to abide by the following Terms of Services in order to use The Write Kit. These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Vidlit Productions, LLC (“Vidlit”) and located at thewritekit.com and app.thewritekit.com (the “Site”) including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon, including, without limitation, the services that enable you to create, and host promotion-specific custom web pages for online marketing purposes, create and send email newsletters, consume all courses, sprints, articles and other informational content (the “Services”). This Agreement is legally binding between you, the person using this Site (“you”), and Vidlit. Terms such as “we,” “our” and “us” refer to Vidlit.

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO VIDLIT’S PRIVACY POLICY LOCATED AT https://thewritekit.com/privacy/ (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services. If you have already paid for a subscription, we will provide a full refund. See section below regarding our refund policy.

On our Site we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

Vidlit may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

Ability to Enter into this Agreement

This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be at least 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Vidlit, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

Before you continue, you should print or save a local copy of this Agreement for your records.

Your Profile Information and Account

In order to access certain Services, you may be required to provide information about yourself (such identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Vidlit for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Vidlit/The Write Kit immediately.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Vidlit/The Write Kit immediately.

By providing us with your e-mail address, you agree to receive all required notices electronically to that email address. It is your responsibility to update or change that email address, as appropriate.

By providing us with your phone number, you agree to allow Vidlit to contact you via that telephone number regarding all billing notices and/or inquiries (including, but not limited to: payment issues, billing discrepancies, declined/failed payments and/or expired payment methods). It is your responsibility to update or change that phone number, as appropriate.

Fees

You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first fourteen (14) days (as described in the section below entitled Cancellation and Termination and in the The Write Kit Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services

We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.

At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

All prices listed, fees, charges and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.

Intellectual Property Rights

All right, title, interest and ownership and intellectual property rights in and to the Site, The Write Kit and Vidlit trademarks and the templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than your Content, are and will remain the property of Vidlit or its software or content suppliers. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties. Subject to the terms and conditions of this Agreement, Vidlit grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid, non-cancelled, Subscription.

The colors, typefaces, and other “look and feel” elements of websites created by using The Write Kit tools remain the property of Vidlit. You may continue to use, modify, and transfer the website HTML code at any time, but you may not resell it or charge other parties for access. Selling copies of your subscriber list is forbidden under the terms of this Agreement and as restricted by law under your local jurisdiction.

Infringement, Plagiarism and Impersonation

The Write Kit takes infringement of intellectual property rights very seriously. You hereby agree to comply with all copyright claims associated with the words, photos, images, audio, video and all other content you select in creating websites using The Write Kit tools. You may not use photos, text, or other media that you do not have licensing rights for. We will honor DMCA takedown requests issued by third parties. If, after we have vetted the authenticity of the claim, and have found it to be legitimate, we will remove all assets deemed to infringe others’ intellectual property rights.

IF YOU ARE FOUND IN VIOLATION OF INFRINGING UPON OTHER PARTIES’ INTELLECTUAL PROPERTY RIGHTS, WE RESERVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION WITHOUT REFUND AND DEPUBLISH YOUR WEBSITE AT OUR SOLE DISCRETION WITHOUT NOTICE.

You may not publish others’ writing and claim it as your own, beyond that allowed by commonly recognized fair use doctrines within your local jurisdiction. We consider plagiarism to be a violation of others’ intellectual property rights, and will respond accordingly.

You may not impersonate another writer, living or dead, using the tools provided to you by The Write Kit for any reason, including and not limited to parody, political expression, or self-promotion. If we determine you have published content claiming to be that of another writer, we reserve the right to cancel your account and depublish your content without notice.

Disclaimer of Warranties

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIDLIT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

VIDLIT DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, VIDLIT MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT VIDLIT, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. VIDLIT MAKES NO GUARANTEE REGARDING THE SECURITY OF ANY INFORMATION PROVIDED BY YOU INCLUDING BUT NOT LIMITED TO CONTENT ENTERED USING THE SITE OR ANY OTHER APPLICATION USED IN CONJUNCTION WITH USING THE SITE.

VIDLIT IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY VIDLIT, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY VIDLIT.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. VIDLIT DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIDLIT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE IS OFFERED AND CONTROLLED BY VIDLIT FROM ITS FACILITIES IN THE UNITED STATES. VIDLIT MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Support

Support for the Site is only available for those who have an active, paid subscription. Vidlit reserves the right to answer support questions of any kind free of charge at its own discretion for any reason or venues including, but not limited to, online forums, trade-shows, live video conferences, and real-time messaging systems.

Support for The Write Kit is provided as long as The Write Kit is actively in development. Should any one of the following occur, Vidlit will no longer be responsible for providing support for The Write Kit:

• The Write Kit is no longer actively developed as a viable product under Vidlit Productions.
• The Write Kit or the parent company is purchased or bought out by another company.

Limitation of Liability / Exclusion of Consequential and Related Damages

NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE “FEES” SECTION OF THE AGREEMENT.

IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN VIDLIT AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT VIDLIT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

Vidlit reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Vidlit shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.

Indemnity

You agree to indemnify, defend, and hold harmless Vidlit , and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. Vidlit reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Vidlit and you agree to cooperate with Vidlit’s defense of these claims. You agree not to settle any matter without the prior written consent of Vidlit. Vidlit will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Cancellation and Termination If you wish to cancel your Subscription, you can do so by logging into your account and proceeding with this option through the enrollment section menu. If you are unable to find this option within the enrollment section or if you have questions or need assistance, please contact Support and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, including full monthly fees for the month in which you canceled, provided however that if you cancel your Subscription within the first fourteen (14) days of opening your Write Kit Account, you will receive a refund of your Subscription fee.

Upon cancellation of your Subscription, Vidlit is under no obligation to maintain or store your account information or Content. Vidlit may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with Vidlit’s processes and practices.

Vidlit reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, Vidlit may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. Vidlit also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside the United States. Vidlit reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.

Automatic Renewal

Unless you notify The Write Kit before the end of the applicable subscription period that you wish to cancel your renewal, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription for such Renewal using any credit card or other payment medium we have on record for you. A subscription can be canceled at any time in the enrollment section of your settings screen.

Canceling your Subscription

If at any time you wish to cancel your Subscription simply go to the cancellation portion of your user settings screen and follow the instructions. Alternatively, you may contact us directly at support@thewritekit.com. Once we receive your cancellation request, you will not be charged for any subsequent monthly or yearly charges. Your login and data will remain available to you according to the provisions laid out in the Data Access and Retention portion of this agreement.

Refund Policy

The Write Kit no-risk money back guarantee offers that, if at any time within the first 30 days of beginning your paid Subscription you decide that The Write Kit is not for you, we will refund the entire amount of the activation fee upon request. In order to receive your refund you are required to use the cancellation option provided in your account settings or you may also notify us of your refund request using the contact form on the Site or by sending email to support@thewritekit.com. We will process your refund within 10 business days of receiving the request. At that time we will stop your Subscription and issue you a refund back to the form of payment you provided at the time of purchase. While some refunds may be instant, refunding back to credit or debit cards can take up to 5–10 business days to show up in your credit card statement.

Please note that once we have completed processing your refund request, you will no longer be able to make changes to any content published via The Write Kit. For more information see the Data Access and Retention portion of this agreement.

We reserve the right to reject refund requests that we determine, at our sole discretion, are based on attempts at defrauding Vidlit, other Vidlit Subscription holders, or any other third party.

Data Access and Retention

After 60 days of non-payment due to problems with the payment method provided to us, your account goes into lapsed status. At that time you will not be able to edit or change any of the content entered using the tools in the Author Application Suite (author profile, author bio, author events, author news, books, etc). In addition, you will not have access to any of the courses or Sprints. You will still be allowed to export and download your website and data however, and the website you created using the Author Application Suite will still operate correctly.

If, after 90 days of lapsed status, your account is not brought current, we will automatically cancel your account. Once your account is canceled, either by you initiating a cancellation request, or by non-payment, your website will stop working, and you will continue to lose access to the tools, courses and Sprints. We will attempt to retain your data and website for 365 days from the date of your account entering lapsed status, although reserve the right to delete your data at any time after cancellation at our sole discretion, for any reason. For more information on data access and retention, contact us at support@thewritekit.com

Discount Policy

On occasion, The Write Kit may offer purchase incentives in the form of Subscription discount codes. Discount codes are applied on an introductory basis, meaning they are only applied towards the initial activation fee of the Subscription selected by you. Discount codes do not perpetuate with the life of the Subscription. After your initial term has passed, Subscriptions will be charged the regular price.

Agreement to Governing Law and Jurisdiction

If there is any dispute between you and Vidlit about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Santa Monica California, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that Vidlit may seek and obtain injunctive relief in any jurisdiction.

Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Legal Remedies

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies on behalf of Vidlit without proof of monetary damages.

You agree that if Vidlit does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Vidlit has the benefit of under any applicable law), this will not be taken to be a formal waiver of Vidlit’s rights and that those rights or remedies will still be available to Vidlit.

Surviving Provisions

The various sections of the Agreement, and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.

Manner of Giving Notice

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.