TERMS & CONDITIONS
Welcome to ThePleasureofWriting.com. We are thrilled for you to use our website and discover the wonderful world of writing. By using this website, you accept the terms and conditions of use.
Use of Copyrighted Materials
This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by The Pleasure of Writing™ (Oassent Inc.) and/or its subsidiaries (Oassent) for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices. Images may be downloaded and/or copied from this website for private use only. Any commercial use of said images or other proprietary collateral is strictly prohibited. You may not reproduce any images or copy or otherwise convert them to a human perceivable form. This website is controlled and operated by Oassent Inc. from its offices in California, United States of America.
Use of the site & PROHIBITIONS
This site allows you the use of our blog, the ability to post offers and inquires, bid and sell online. However, you are prohibited from the following acts, to wit: (a) using our site, including its services and/or tools, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools; (b) posting of any item(s) in inappropriate category or areas on our sites and services; (c) collecting users’ personal information or information peripheral to a user of this site; (d) maneuvering the price of any item or interfering with other users' listings; (f) posting false, inaccurate, misleading, defamatory, or libelous content; (g) taking any action that may damage the rating system.
For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information requested during sign-up. You must qualify that you are 18 years or older and are responsible for keeping your password secure and being accountable for all activities and contents that are uploaded under your account. You are prohibited from transmitting any worms, viruses, or any code of a destructive nature.
Links and Framings
Illegal and/or unauthorized uses of the services, including unauthorized framing of or linking to the site or its affiliates, will be investigated and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlinks to appropriate locations within the site provided that: (i) you post your link only within the forum, chat, or message board section; (ii) you do not remove or obscure any advertisements, copyright notices, or other notices displayed on the site; (iii) the link does not state or imply any sponsorship or endorsement of an external or unaffiliated site; and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the landing page to which you wish to link to confirm that one or more of our content providers does not have its own policies regarding direct links to their content hosted our sites.
Payments AND PROCESSES OF INVOICES
The Pleasure of Writing has the sole discretion to provide the terms of payment. Unless otherwise agreed upon, payment must first be received by The Pleasure of Writing prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, Paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. The Pleasure of Writing has all the discretion to cancel or deny orders. The Pleasure of Writing is not responsible for pricing, typographical, or other errors in any offer by The Pleasure of Writing and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, The Pleasure of Writing reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier. For more details, see our shipping, delivery, and return policy page.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation in our program, visit and shopping in our site following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraudulent activities are highly monitored in our site and if fraud is detected The Pleasure of Writing shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD 2,000 or the total price of the subject products paid or payable to you whichever is less.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site it is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of The Pleasure of Writing. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of The Pleasure of Writing to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of Monterey County in the state of California, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Monterey County in the state of California, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.