Terms of Service
These Terms of Service and any other services terms (collectively, these “Terms” or this “Agreement”) describe the terms and conditions on which Turkey Sandwich Industries Incorporated (“we” or “us” or “our”) offers you (a “user”) access to our services and website at http://www.scribophile.com (“Scribophile” or this “website” or this “system” or these “services”). If you have a question about these Terms, please contact us by using the “contact us” link at the bottom of the site.
Welcome to Scribophile! The following contract spells out what you can expect from us, and what we expect from you. Only by agreeing to these Terms will you be able to access and use the services available on this website. Use of our services is limited to parties that lawfully can enter into and form contracts under applicable law. We require that users be eighteen (18) years of age or older. Our services are not open to use by minors.
Access and Services
By accessing or using Scribophile, you agree to be bound by and to comply with these Terms. If you do not agree to these Terms, you may not access any part of Scribophile or create a user account on Scribophile.
Your access to the various services available on this system depends on the level of access you select. If you create an account, you may change or close your account at any time. We reserve the right to modify, suspend, or terminate your access to the service on our system at any time for any reason without notice or refund, and the right to require you to change your login identification code or password. We also reserve the right to modify or delete any and all program and data files associated with your account, and/or other information you have entered or stored in our system, at any time, and without notice. You agree that we will not be liable in any event to you or any other party for any suspension, modification, termination, discontinuance or lack of availability of this system or any content on this system.
Should your user account be closed, either by you or by us, you understand and agree that posts, messages, communications, files, and any other data you have inputted into this system, including your pen name, profile image, and the titles of Works you posted (“Works” are defined later in these Terms), but excluding the actual content of Works and any critiques or comments the Works have received, may remain stored in this system and may remain visible to other users of this system unless otherwise deleted at the sole discretion of system operators.
Should you wish to close your user account yourself, you must do so by logging in to your user account and using the “close account” functionality provided by the Scribophile website. For security reasons we cannot close accounts based on email requests.
You agree to be bound by certain rules which are important for the proper use of this website. Your failure to follow these rules, whether listed below or listed in bulletins or pages posted at various points in the system, or as described to you in communications or posts by system administrators, may result in termination of your account and deletion of account data without notice or refund.
In addition to the rules listed throughout the website, we also require that you select a strong password for your account that is unique to your Scribophile account, and that your account not be used by anyone except yourself. You are responsible for safeguarding your own account.
In general, while you should feel free to express yourself on this website, you must respect other users of the website and not do anything to attack or injure others. Do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
Our Use Of Content By Users
“Work” or “Works” are original prose or poetry writings of which you are the sole or partial author, that you have posted to Scribophile using the special-purpose system located at http://www.scribophile.com/dashboard/works/work. By posting Works, you grant us the non-exclusive right to display that Work at no cost to us. To immediately revoke that right from us for a specific Work you have posted to this system, you must delete that specific work from this system. You acknowledge and agree that we may at any time and without notice delete Works from the system for any reason. Except as specifically described above, users retain all rights to the Works they post to Scribophile.
Scribophile is not a backup service. You are solely responsible for keeping backups of all of the content, including Works, you post to Scribophile, 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 Scribophile, 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 Scribophile itself.
Your communications on this system are, in most cases, viewable by the general public. Certain communications may be viewable by only yourself and the intended recipients. However, as system operators, we may need to review or monitor your electronic correspondences through our system and other communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities or account on the system, except for Works as described above. Therefore, you should not expect to have a right to privacy in any of your communications or in any material you post to Scribophile, or in any information or material relating to your account that is at any time generated by Scribophile.
You acknowledge and agree that we may disclose any posts or information you have inputted to Scribophile, including Works, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any work violates the rights of third parties; or (d) protect the rights, property, or personal safety of Scribophile, Turkey Sandwich Industries Incorporated, their owners or operators or third parties.
By posting messages, uploading files, inputting data, or engaging in any form of communication on our system except the posting of Works, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work, including work in which you may possess proprietary rights including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their posts, inputted data, uploads, messages, or files, even if they contain copyright notices. You shall have absolutely no recourse against us for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system which we own.
Users own a copyright on the original Works they post to the system. We own a copyright in all aspects of the system original to it, including but not limited to, selection, coordination, arrangement and enhancement of the site, as well as in our original content on the site.
Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders’ rights and will not be tolerated. We respect copyright law and expect our account holders to do the same. You agree not to reverse assemble, reverse engineer, or otherwise attempt to derive the source code or the underlying ideas, algorithms, or structure from our content.
We welcome your feedback and suggestions on ways to improve Scribophile. We ask that you never submit feedback or suggestions that you consider to be confidential and/or proprietary. If you choose to submit feedback, suggestions, or ideas about updating or changing Scribophile, all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Turkey Sandwich Industries Incorporated. Further, you understand and acknowledge that we employ both internal and external resources which may have developed or may in the future develop ideas identical or similar to your suggestions. In any event, you acknowledge and agree that Turkey Sandwich Industries Incorporated assumes no obligation of confidentiality or nondisclosure, express or implied by considering your feedback or suggestions. Without limitation, Turkey Sandwich Industries Incorporated shall exclusively own all now known or hereafter existing rights in and to your feedback and suggestions, and Turkey Sandwich Industries Incorporated shall be entitled to unrestricted use of your feedback and suggestions for any purpose whatsoever, commercial or otherwise without any form of compensation.
Membership Upgrades, Payments and Refund Policy
You may choose to purchase a membership upgrade to enable access to additional features or services at Scribophile. We will, in our sole and absolute discretion, allow for a refund of a membership upgrade purchased by you for your own account if you contact us with a refund request within 7 days from the date of purchase. If you request a refund for a membership upgrade that you purchased on a recurring-billing basis, only the most recent payment will be refunded. Membership upgrades you purchase for a different user’s account and membership upgrades purchased by another user for your account (“gift upgrades”) are entirely non-refundable. Membership upgrades cannot be refunded in any way if your user account is closed, for any reason, either by you or by us.
In order to provide better functionality for our users, and to maintain a smoothly functioning and fair community, from time to time it may be necessary to add, remove, or modify the features or services provided at Scribophile, including features or services enabled by a membership upgrade purchased by you or for you by another user. We reserve the right to make such changes at any time and without notice. Such additions, removals, or modifications do not entitle you to a refund, and we do not accept any liability for any losses incurred by you or other parties in the event of such additions, removals, or modifications.
Canceling a membership upgrade may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
During your usage of Scribophile your account may be credited or debited several types of points, including but not limited to karma points and reputation points. You understand and agree that we may at any time and for any reason adjust the balance of any kinds of points on your account. You understand and agree that points have no monetary value and that we do not accept any liability for loss of points.
As we continue improving Scribophile we may change the method in which points are earned, sent, or distributed. We may also change the value of points within our system for any reason and at any time. You understand that any such changes to the points system may occur and you agree that you will have no recourse against us for such changes.
Karma points are a critical part of this system’s functionality and we expect users to earn, spend, and transfer them ethically. If you in our sole judgment attempt to earn, spend, or transfer karma points in a way which cheats the rules, guidelines, or expectations laid out at any point in this system, whether they are explicit or implied, your user account and associated data will be immediately and permanently deleted without warning or refund, and you may not sign up again.
Limitation of Liability
You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every member. ACCORDINGLY, YOUR USE OF THE SYSTEM IS ENTIRELY AT YOUR OWN SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. We offer our services “as is” and will not be held responsible for outages or failures or errors in any electronic files provided by us, or for any public or private communication or activity of any type by any users of our system. Turkey Sandwich Industries Incorporated is not responsible for material submitted or posted to Scribophile by users or other third parties, and we expressly disclaim any and all liability in connection with submitted material or any other content or information posted to Scribophile by users or third parties.
You agree to indemnify and hold Turkey Sandwich Industries Incorporated, its parents, subsidiaries, officers and employees, harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including attorneys’ fees, relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
Disclaimers of Warranty
THE SYSTEM IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
Choice of Law
You agree that these Terms of Service shall for all purposes be governed by and construed in accordance with the laws of Illinois, and that any action arising out of these Terms shall be litigated and enforced under the laws of Illinois. In addition, you agree to submit to the jurisdiction of the courts of Cook County, Illinois, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Cook County, Illinois.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect. Turkey Sandwich Industries Incorporated’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms of Service represents the entire understanding between you and us regarding your relationship to Turkey Sandwich Industries Incorporated and supersedes any prior statements or representations. If you do not agree to these Terms, you may not access Scribophile or create a user account on Scribophile.