Content Cradle Terms of Service
If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.
As used throughout these Terms and Contentcradle.com, “Account” means the Content Cradle Account you open when you register to become a User and use the Site’s Services. “Buyer” means a User that purchases Writer Services. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. “Assignment” means the request submitted by a Buyer to Content Cradle seeking writers to satisfy a Buyer’s aim to obtain content. “Site” means the domain, and all subdomains, of contentcradle.com. “Submission” means any and all work product developed by Writer in carrying out Writer Services as required to complete the Job and delivered to Content Cradle. “Third-Party Services” means all services that are accessible through the Site and delivered by third parties. The term Third-Party Services does not include Content Cradle services or Writer Services. “User” means (1) a person who makes use of the Site on his or her own behalf, or (2) a person who makes use of the Site on behalf of a company or organization. “Writer” means a User that offers and delivers services through the Site. “Writer Contract” shall have the meaning given to it below. “Writer Services” means all services delivered by Writers. “Visitor” means a person who is only visiting the Site, not a User.
Users must follow all policies detailed in the Terms and Writer’s Service Agreement.
Content Cradle makes the Site available as a service to assist individuals or entities seeking written works to receive and pay for well written Submissions. On this Site, Buyers and Writers can do, among other things, the following:
Buyers: Post Jobs, identify terms associated with Jobs, make edit requests to Writers, and pay Content Cradle for content.
Writers: Search through Jobs, contract to prepare and submit written works in connection with particular Jobs, manage Jobs, and receive compensation for Submissions.
Content Cradle shall negotiate and contract with a Writer for the completion of an Assignment. Upon the extension of an offer of an Assignment, Writer shall have a certain time period to accept such offer from Content Cradle. Writer’s acceptance of such offer constitutes Writer’s acceptance of the terms of the Assignment, as well as the Terms of Service and Writer Service Agreement found on this site. Writers are at all times independent of Content Cradle and shall not at any time be considered an employee of Content Cradle. All Writers are independent contractors and consent to such designation by way of these Terms. Accordingly, Writers shall not be entitled to benefits offered to Content Cradle’ employees. Writers shall be solely responsible for all taxes, license fees, and business expenses incurred on behalf of the Writer. Buyer and Writer agree to indemnify Content Cradle for any taxes or penalties imposed on Content Cradle by virtue of the purchase and sale of services between them on this Site.
Content Cradle’s Efforts to Maximize Quality
Content Cradle evaluates each Writer by reviewing materials (i.e. resume, writing sample, education, experience, schedule availability, etc.) submitted by a Writer that will allow Content Cradle to assess that particular Writer’s education, background, skill and expertise. When a Buyer submits an Assignment to Content Cradle, Content Cradle screens and matches a Writer to a Buyer’s Assignment by carefully considering the Writer’s background, skill, expertise, past performance, and style. The Writer and Buyer shall have the opportunity to communicate about the Assignment prior to the entry into a Contract and the Writer may ask the Buyer questions regarding the Assignment at this time.
Deadlines for Buyers to Receive Content
Content purchased by the Buyer under a “5-day deadline” means the content will be delivered to the Buyer within five (5) business days, which commences the following day after purchase was successfully made by the Buyer. For purposes of illustration, if Buyer purchases content Monday night, the content will be not be delivered to the Buyer until the following Monday which is 5 business days following the date of purchase. Weekends and major holidays shall not serve as business days for purposes of calendaring.
Content purchased by the Buyer under a “3-day deadline” means the content will be delivered to the Buyer within three (3) business days, which commences the following day after purchase was successfully made by the Buyer. For purposes of illustration, if Buyer purchases content Monday night, the content will be not be delivered to the Buyer until Thursday which is 3 business days following the date of purchase. Weekends and major holidays shall not serve as business days for purposes of calendaring.
Deadlines for Buyer to Review Content
Upon receipt of content delivered by CW, Buyer shall have three (3) business days to review the content for edits and request revisions by CW. If Buyer fails to request same within said time period, the content will be deemed Accepted by the Buyer and fully purchased.
Intellectual Property of the Assignment
Upon Buyer’s (i) acceptance of a Submission; and (ii) complete payment for that Submission, Content Cradle hereby automatically and irrevocably assigns all right, title and interest worldwide in and to such Intellectual Property Rights concerning such Submission to the Buyer.
Content Cradle is not liable to Buyer for Submissions
Buyer agrees and acknowledges that Content Cradle shall not be liable, under any circumstances, to any other party, including Buyer, for direct, indirect, incidental, consequential, special or exemplary damages arising from or concerning any Submission.
The Content Cradle Billing and Payment Service (“Payment Service”) enables Writers to make a Submission and enables Buyers to make payments for Writer Services.
Legal Nature of Payment Service
When you use the Payment Service to bill for or pay service fees, Content Cradle acts as your agent based upon your direction and your requirements to perform tasks on your behalf. Content Cradle holds your Account funds separate from its corporate operating accounts, and will not voluntarily make your funds available to its creditors in the event of a bankruptcy or for any other purpose. As provided in United States Bankruptcy Code, Section 541(d), Content Cradle shall hold only legal title to, and not have any equitable interest in, the Account and any funds in it.
CONTENT CRADLE IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. You will not receive interest or other earnings on the funds in your Account. Content Cradle may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in Accounts. By accepting Submissions as a Buyer and sending payments through the Payment Service or adding funds to your Account, you appoint Content Cradle as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this agreement.
The prices posted for the amount and type of Writer Services a Buyer can purchase, including bundled packages, are displayed on the Site and subject to change at Content Cradle’s discretion. Any change in these prices shall apply on a going-forward basis.
Authorized Payments are Final
Your use of the Payment Service constitutes your agreement to pay for any amounts that you authorize us to charge against your Account and, as appropriate, your credit card, bank account, or PayPal. Such payments, once authorized, are final.
Erroneous or Duplicate Transactions; Charge Backs
Content Cradle reserves the right to seek reimbursement from you, and you will reimburse Content Cradle, if Content Cradle discovers erroneous or duplicate transactions, or Content Cradle receives a charge back from any Buyer’s credit card company, bank, or PayPal for any reason. You agree that Content Cradle has the right to obtain such reimbursement by charging your Account, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of your Account.
The Payment Service operates in U.S. Dollars and therefore Content Cradle is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than U.S. Dollars, nor is Content Cradle responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your Account. Payments made to Content Cradle in currency other than U.S. Dollars may take up to eight weeks to process, depending on relationships among the banking and payment systems between the two countries. Consequently, balance adjustments may be delayed.
Withdrawal of Funds
For Buyers, with respect to refunding a credit purchase, any refunds must be requested within 60 days of purchase and are subject to a 10% transaction fee if requested after 15 days of purchase. Credit refund requests after 60 days of purchase will not be granted. Content Cradle exercises its own discretion in determining valid reasons for refunds.
At the end of each month, the Payment Service will submit a U.S. Dollar payment via PayPal equal to the number of credits in the Writer’s account. This payment will be made to the Writer’s PayPal Account, which is set by default to the email address used by the Writer to register his or her Content Cradle’s Account. The PayPal Account may be changed at any time in the Writer’s Account. Payment will not be made unless Writer has uploaded a signed W-9 form.
The Writer’s Account will be set to zero upon successful deposit to its PayPal account. If a Writer does not have a PayPal account, an email will be sent to its verified address notifying you of Content Cradle’s payment. The Writer will then be instructed by PayPal to set up a free PayPal account in order to use or withdraw the funds to a bank account.
Notwithstanding any other provision of these Terms of Service, if Content Cradle determines in its sole discretion that a Buyer or Writer has violated the conditions and restrictions of the Site or Terms of Service, Content Cradle has the right to refuse to process the withdrawal.
Hold on Account Funds
Content Cradle reserves the right, at its sole discretion, to place a hold on funds for Buyer payments to clear, or if Content Cradle suspects monies may be subject to dispute or charge back or if fraud is suspected. Content Cradle will release a hold as soon as practical.
Agreement to Pay
If, for any reason, Content Cradle does not receive payment for any amounts that you have authorized to be paid through your use of the Payment Service or other Content Cradle services, you agree to pay such amount immediately upon demand by Content Cradle. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Content Cradle in collecting from you the authorized but unpaid amount. In such case, Content Cradle may, at its option, stop processing any further payments made by you and apply any amounts then held by Content Cradle on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Payment Service or other Content Cradle services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Agreed Exclusivity Period with the Site
Buyers agree to use Content Cradle to make all payments to Writers you identify through the Site. You acknowledge that Content Cradle earns its fees through transactions that take place on the Site. You agree not to take any action directly or indirectly to circumvent these fees. If a Writer solicits payment from you outside the Site, you agree to notify Content Cradle immediately.
Writers agree to use Content Cradle to receive all payments from Buyers who identify you or whom you identify on the Site. You acknowledge that Content Cradle earns its fees through transactions that take place on the Site. You agree not to take any action directly or indirectly to circumvent these fees. You also agree to notify Content Cradle immediately if a Buyer seeks to pay you outside the Site.
User Eligibility and Obligations
Content Cradle is intended solely for use by a legal entity or an individual thirteen (13) years of age or older, and any registration by, use of, or access to the Site by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms of Service. By using the Site, you represent and warrant (as an individual) that you are 13 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. If you are under 18, you affirm that you are either an emancipated minor or possess legal parental/guardian consent to access and use the Site. Content Cradle may terminate your Account, Assignment, and any content or information that a Writer has posted on the Site and/or prohibit a User from using or accessing the Site for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that such User is under 13.
Buyer and Writer Accounts
To become a User and access services through our Site you must create an Account. You agree that all information you provide on the registration form is true, accurate and complete. Users shall update his/her information with Content Cradle as necessary to maintain its truthfulness, accuracy and completeness.
In order to complete your registration for an Account with Content Cradle, you must accept all of the terms and conditions in and referenced in the Terms. By creating an account, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the purchase or delivery of Writer Services; and (c) perform your obligations as specified by any Writer Contract that you accept, unless such obligations are prohibited by law or by this Agreement. Content Cradle reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone for any reason or no reason. You cannot register for more than one Account without express written permission from Content Cradle.
Any agent authorized to access the account of a User shall act in accordance with the Terms and shall be bound by the Terms. The User shall be fully responsible and liable for acts of any agent while accessing the User’s Account. Users shall be solely responsible to safeguard and maintain the confidentiality of the password to the User’s account. Any action on behalf of a User shall be deemed to have been performed by the User registered to the specific Account.
Usernames and the contents of a Content Cradle Account are not transferable. Any transfer or attempted transfer to another party shall be deemed null and void.
Inactive Accounts; Abandoned Accounts
If your Account has a balance, but has had no activity for at least six (6) consecutive months, your Account will be placed on “Inactive” status. Content Cradle will notify you that your Account is Inactive by sending an email to your registered email address and give you the option of keeping your Account open and maintaining the balance or withdrawing the balance. If, within thirty (30) days of such notice, your account has no activity, Content Cradle will automatically deduct an Inactive Account Fee of $9, or the entire balance of your Account if such balance is less than $9, per month thereafter, to recover administrative costs of holding funds. Content Cradle will cease such deductions if subsequently (i) your Account has activity or (ii) your Account no longer has a balance.
Termination of Accounts
Content Cradle may terminate a User’s Account at any time and for any reason.
The following prohibited activities may cause Content Cradle to terminate an account: sending or otherwise transmitting to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; misrepresenting your identity or affiliation in any way; restricting, discouraging, or inhibiting any person from using this Site, disclosing personal information on this Site or obtained from this Site, or collecting information about users of this Site; reverse engineering, disassembling or decompiling any section or technology on this Site, or attempting to do any of the foregoing; gaining unauthorized access to this Site, other users’ accounts, names, or personally identifiable information, or other computers or Sites connected or linked to this Site; launching or using any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; sending or otherwise transmitting to or through this Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; violating any applicable laws, regulations, or these Terms; and assisting or permitting any persons in engaging in any of the activities described above.
Some areas of the Site may allow Users to post feedback, comments, questions, and other information (“User Activity”). You are solely responsible for the User Activity that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) through the Site. You agree that Content Cradle is acting only as a passive conduit for your online distribution and publication of your User Activity. You understand that whether or not such User Activity is published, Content Cradle does not guarantee any confidentiality with respect to any User Activity.
Users agree not to post User Activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
Your submissions and User Activity shall not be defamatory, nor shall they violate anyone’s right of privacy or publicity, or infringe any copyright, trademark, patent, or other personal or proprietary right of any person or entity.
You further represent and warrant that you will obtain releases, consents, and permissions for use of all materials, trademarks, content, and persons depicted or included in any Content you contribute.
Content Cradle takes no responsibility and assumes no liability for any User Activity that you or any other User or third-party posts or sends using this the Site. You acknowledge that Content Cradle has no editorial control over User Activity posted by Users on the Site and is not responsible for and does not monitor such content for accuracy or reliability. Content Cradle reserves the right, but is not obligated, to reject and/or remove any User Activity that Content Cradle believes, in its sole discretion, violates these provisions.
User License to Content Cradle
You retain all your ownership rights in your User Activity except ownership for Writer Services, which is governed by the Writer Contract. By posting any User Activity on the Site, you expressly grant, and you represent and warrant, that you have a right to grant to Content Cradle a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Activity and your name, voice, and/or likeness as contained in your User Activity, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and Content Cradle’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, Content Cradle will only use or disclose your User Activity posted to non-public areas of the Site (such as the Workroom) to the extent necessary to provide you the services on the Site. You also hereby grant each User of the Site a non-exclusive license to access your User Activity through the Site, and to use, reproduce, distribute, display and perform such User Activity as permitted through the functionality of the Site and under this Agreement.
The above licenses granted by you in your User Activity terminate within a commercially reasonable time after you remove or delete your User Activity from the Site. You understand and agree, however, that Content Cradle may retain, but not display, distribute, or perform, server copies of User Activity that have been removed or deleted. The above licenses granted by you in User Activity for which the Site does not provide you a means to delete or remove are perpetual and irrevocable.
Disclaimers, Limitations and Exclusions
You are responsible for creation, storage, and backup of your business records and User Activity. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Content Cradle’ part to store, maintain, backup, retain, or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.
Content Cradle may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnity, and jurisdictional issues shall survive any such termination.
User Activity and any other writings or materials on this Site are provided to you “AS-IS” for your information and personal use only. You agree that you will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any commercial or other purpose whatsoever any Content without the prior written consent of Content Cradle, or except as expressly permitted herein. If you download or print a copy of any User Activity for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable, or otherwise interfere with the security related features of the Site or features that prevent or restrict use or copying of any User Activity or enforce limitations on use of the Site or the User Activity herein. You agree not to use the Content Cradle’ names, logos and marks (whether registered or based on common law) for any purpose without the prior written authorization of Content Cradle.
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, CONTENT CRADLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. CONTENT CRADLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE PURCHASE OF WRITER SERVICES); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CONTENT CRADLE’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR; (VI) ANY ERRORS OR OMISSIONS IN ANY SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES MADE AVAILABLE VIA THE SITE. CONTENT CRADLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CONTENT CRADLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE SITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY CONTENT.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CONTENT CRADLE BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM 1) THE USE OF THIS SITE OR SERVICES OFFERED BY THE SITE; 2) THE INABILITY TO USE THIS SITE OR THE SERVICES; 3) THE MISAPPROPRIATION OF MATERIALS; OR 4) THE LOSS OF, OR DAMAGE TO, MATERIALS FOR ANY REASON, EVEN IF CONTENT CRADLE OR A CONTENT CRADLE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Content Cradle, its shareholders, business partners, directors, officers, employees, agents, Users, or third-party sponsors, subsidiaries, affiliates, successors, and assignees, at your sole cost and expense, from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use of the Site and from any User Content you contribute to the Site. Content Cradle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Content Cradle in asserting any available defense. You shall not settle any indemnified claim without Content Cradle’ prior written consent.
All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to Contentcradle.com, are proprietary to Content Cradle or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
This Site is controlled and operated by Content Cradle from its offices within the State of New York and State of New Jersey, United States of America. Content Cradle makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local New Jersey laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
Entire Agreement; No Waiver; Severability
These Terms constitute the entire agreement between you and Content Cradle regarding the use of the Site, superseding any prior agreements between you and Content Cradle relating to your use of the Site. The failure of Content Cradle to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Claims of Copyright Infringement
Content Cradle respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to Content Cradle’ designated agent along with the following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
A description of the copyright work that you claim has been infringed and a description of the infringing activity;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Site where it is posted or the name of the book in which it has been published;
Identification of the URL or other specific location on the Site where the material that You claim is infringing is located, including enough information to allow Content Cradle to locate the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in Your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Content Cradle shall terminate any account of a User who has submitted or posted three pieces of Content for which Content Cradle has received a notice of infringement. If your account has been terminated due to infringement, you agree that you will not attempt to register a new account under any name, real or assumed, and further agree that if you violate this restriction, you indemnify and hold us harmless from any and all liability that we may incur therefore.
Links to Third Party Content
As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of Content Cradle’ proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Content Cradle. Content Cradle is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Content Cradle of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.
Governing Law; Venue; Counsel Fees
These Terms and the validity, construction, and performance thereof will be governed in all respects by the laws of the State of New Jersey, without regard to its choice of law provisions. You irrevocably agree that any action proceeding arising from or relating to this Agreement may be brought only in the courts of New Jersey or the U.S. District Court of New Jersey, Newark Vicinage; and, you consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and waive any objection to proceeding in such venue, including that the forum is inconvenient. You further consent that in the event Content Cradle elects to take legal action against you for violation(s) of any of the Terms of Service contained herein, you shall be responsible to pay for all reasonable attorneys’ fees and costs incurred by Content Cradle in connection with the prosecution of such claims.
Questions regarding these Terms may be submitted via an email to email@example.com.