________Terms of Use
 

The Downtown Writers Network is a resource for independent writers in central Ohio.

Located in Columbus, we provide services to freelancers, businesses that use freelance talent, and all creative writers in the dynamic mid-Ohio market.

   

By using the Downtown Writers Network web site, you indicate that you accept the following Terms and Conditions. The Downtown Writers Network (the "Company") may revise these Terms and Conditions at any time by updating this posting. The terms "You" and "User" refer to all individuals and/or entities accessing this web site.

The Downtown Writers Network acts as a venue for employers to post job opportunities and for candidates to post resumes, and does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the web site.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because the Company does not and cannot be involved in user-to-user dealings or control the behavior of participants on this web site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

The Company is under no legal obligation to, and generally does not, control the information provided by other users which is made available through the web site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. The Company expect that users will use caution and common sense when using this web site.

The material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the web site or the material. The use of the web site and the material is at your own risk. Changes are periodically made to the web site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the web site. Employers are solely responsible for their postings on the web site.

The Company is not to be considered to be an employer with respect to your use of the web site and the Company shall not be responsible for any employment decisions, made for whatever reason made by any entity posting jobs on the web site.

The Company does not warrant that the web site will operate error-free or that it and its server are free of computer viruses and other harmful mechanisms. If your use of the web site or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.

User Submissions
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this web site you agree not to, do the following things:
--post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
--post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
--post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
--post a sexually-explicit image or statement; post advertisements or solicitations of business, chain letters or pyramid schemes;
--impersonate another person;
--post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

You will be responsible for, and indemnify and hold harmless the Downtown Writers Network, its subsidiaries, divisions, affiliates, agents, representatives and contractors against any claim arising from any material that you post or transmit.

The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the web site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

You acknowledge that the Company may impose limits on the use of the service, including without limitation the duration that postings or other uploaded content will be retained by the service, and the maximum storage space that will be allotted to any user of the service. You further acknowledge that the Company reserves the right to change these policies at any time, in its sole discretion, with or without notice. The Company also reserves the right at any time to modify or discontinue the service or any part or content thereof, with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the service or any part or content thereof.

By submitting content to any public or non-public area of the web site, you also permit any subscriber or user of this web site to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the web site retains any and all rights that may exist in such content.

Resumes, Profiles, Seminars, Workshops, Speakers
The Downtown Writers Network is a job and career site for writers. The Company gives you the option of putting your resume and other materials in our database, or of retaining it on an "Available on Request" basis. If you make your resume available online through this web site, then all employers and recruiters will have access to it. The Company cannot guarantee that other parties will not, without our consent, gain access to your resume and other materials that you choose to make available on this web site. You may remove your resume and other material from this web site at any time. However, employers, recruiters and other parties who have accessed the database may have retained a copy of your resume in their own files or databases. The Company is not responsible for the retention, use, or privacy of resumes in these instances, or for the use or privacy of resumes by any of such parties. You agree that the Downtown Writers Network will not be liable if such personal information is gathered or misused by third parties.

Job Postings
Businesses and organizations that post job listings on this web site provide and publicize contact information as part of their advertisements, including names of officers, phone numbers, e-mail addresses and street addresses. All visitors to this web site potentially have access to such information. The Downtown Writers Network is not responsible for the retention, use or misuse of such information by unauthorized parties.

If the Company decides to change this privacy commitment, it will post those changes here so that you will always know what information it gathers, how it might use that information, and whether it will disclose the information to anyone. If, at any time, you have questions or concerns about the Downtown Writers Network's privacy commitment, please feel free to email the company at dgray@downtownwriters.com.

Acceptable Site Use.
Users may not use the web site in order to transmit, distribute, store or destroy material
--in violation of any applicable law or regulation,
--in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful.

Web site Security Rules.
Users are prohibited from violating or attempting to violate the security of the web site, including, without limitation,
--accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
--attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
--attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding", "spamming", "mailbombing" or "crashing",
--sending unsolicited e-mail, including promotions and/or advertising of products or services, or
--forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses.
The web site may be used only for lawful purposes. The Company specifically prohibits any use of the web site for any of the following:
--posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume.
--posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
--impersonating any person or entity, including, but not limited to, a Downtown Writers Network staff member or community leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
--uploading, posting, e-mailing or otherwise transmitting any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements; or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party);
--uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
--uploading, posting, e-mailing or otherwise transmitting 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;
--deleting or revising any material posted by any other person or entity.
--using any device, software or routine to interfere or attempt to interfere with the proper working of this web site or any activity being conducted on this site.
--taking any action which imposes an unreasonable or disproportionately large load on this web site's infrastructure.
--collecting or storing personal data about other users.

Termination.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this web site and immediate termination of your registration with or ability to access the web site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the web site registration with or ability to access the web site.

Use of Material.
The Company authorizes you to view and download a single copy of the material for your personal, noncommercial use. All contents of this web site are protected under both United States and foreign copyright, trademark and other laws. All material is the property of the Company or its content suppliers or clients. Writers and businesses retain copyright to material they post on the web site, including resumes, writing samples and advertisements. The compilation (meaning the collection, arrangement and assembly) of all content on this web site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the material may violate copyright, trademark, and other laws. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The use of the material on any other web site or in a networked computer environment for any purpose is prohibited.

Disclaimer of Consequential Damages.
In no event shall the Company, its suppliers, or any third parties mention on the web site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the web site and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.

Additional Terms of Use.
Certain areas of this web site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorized commercial use of the web site.

Links to Other Sites.
The web site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

General.
The Company makes no claims that the materials may be lawfully viewed or downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access the web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Columbus, Ohio. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the web site a particular "Legal Notice," or Software License or material on particular web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of web site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

This web site and material are provided on an "as is" basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose, and non-infringement.

The Company makes no warranty that -the service will meet your requirements,
--the service will be uninterrupted, timely, secure or error free
--the results that may be obtained from the service will be accurate or reliable
--any errors in the service will be corrected, or
--this service or the content retrieved through it are free of viruses or other harmful components.

The company makes no warranty regarding any goods or services or the delivery of any goods or services purchased or obtained through this web site.

Limitation of Liability
You expressly understand and agree that under no circumstances, including but not limited to negligence, shall the Company be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages) resulting from
--the use or the inability to use the service for any reason
--the cost of procurement of substitute goods or services
--any goods or services purchased or obtained or content received or transactions entered into through or from the service
--unauthorized access to or alteration of your transmissions or data
--statements, conduct or content of any third party on the service -any other matter relating to the service.

You expressly understand and agree that the Company is not responsible or liable to you or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct of any other party or any infringement of another's rights, including intellectual property and publicity rights. If you are dissatisfied with the service, the materials available on or through the service, or with any of the terms of service, your sole and exclusive remedy is to discontinue using the service.