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terms.html
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<html>
<link rel="stylesheet" href="./root.css">
<body id="legal">
<h1>TERMS OF SERVICE AGREEMENT</h1>
<p><em>PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE
TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY
AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR
SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF
12/13/2018.</em>
<h2>Table of Contents</h2>
<ul id="toc"></ul>
<h2>ACCEPTANCE OF TERMS</h2>
<p>The following Terms of Service Agreement (the "TOS") is a legally binding
agreement that shall govern the relationship with our users and others which may
interact or interface with Scribe, based in California, and our subsidiaries and
affiliates, in association with the use of the Scribe website, which includes
<a href="https://scribe.lithl.info">scribe.lithl.info</a>, (the "Site") and its
Services, which shall be defined below.
<h2>DESCRIPTION OF WEBSITE SERVICES OFFERED</h2>
<p>The Site is a web application which has the following description:
<p>Scribe allows users to develop written documents, storing research, notes,
characters, etc. in addition to the actual manuscript text. Portions of the
manuscript can be manipulated independently, and other authorized users can
assist and/or comment on the work.
<p>Any and all visitors to our site shall be deemed as "users" of the herein
contained Services provided for the purpose of this TOS.
<p>The user acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile
applications and that those applications may be made available on various social
media networking sites and numerous other platforms and downloadable programs,
are the sole property of Scribe. At its discretion, Scribe may offer additional
website Services and/or products, or update, modify or revise any current
content and Services, and this Agreement shall apply to any and all additional
Services and/or products and any and all updated, modified or revised Services
unless otherwise stipulated. Scribe does hereby reserve the right to cancel and
cease offering any of the aforementioned Services and/or products. You, as the
end user acknowledge, accept and agree that Scribe shall not be held liable for
any such updates, modifications, revisions, suspensions or discontinuance of any
of our Services and/or products. Your continued use of the Services provided,
after such posting of any updates, changes, and/or modifications shall
constitute your acceptance of such updates, changes and/or modifications, and as
such, frequent review of this Agreement and any and all applicable terms and
policies should be made by you to ensure you are aware of all terms and policies
currently in effect. Should you not agree to the updated, revised or modified
terms, you must stop using the provided Services forthwith.
<p>Furthermore, the user understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such Scribe shall not assume any
responsibility or obligation for the timeliness, missed delivery, deletion
and/or any failure to store user content, communication or personalization
settings.
<h2>PRIVACY POLICY</h2>
<p>Every member's registration data and various other personal information are
strictly protected by the Scribe Online Privacy Policy (see the full Privacy
Policy at
<a href="https://scribe.lithl.info/privacy">https://scribe.lithl.info/privacy</a>).
As a member, you herein consent to the collection and use of the information
provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by Scribe and/or our subsidiaries
and affiliates.
<h2>INTERSTATE COMMUNICATION</h2>
<p>Upon registration, you hereby acknowledge that by using scribe.lithl.info to
send electronic communications, which would include, but are not limited to,
email, searches, instant messages, uploading of files, photos and/or videos, you
will be causing communications to be sent through our computer network.
Therefore, through your use, and thus your agreement with this TOS, you are
acknowledging that the use of this Service shall result in interstate
transmissions.
<h2>CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE</h2>
<p>Due to the global nature of the internet, through the use of our network you
hereby agree to comply with all local rules relating to online conduct and that
which is considered acceptable Content. Uploading, posting and/or transferring
of software, technology and other technical data may be subject to the export
and import laws of the United States and possibly other countries. Through the
use of our network, you thus agree to comply with all applicable export and
import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations
(<a href="http://www.access.gpo.gov/bis/ear/ear_data.html">http://www.access.gpo.gov/bis/ear/ear_data.html</a>),
as well as the sanctions control program of the United States
(<a href="http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx">http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx</a>).
Furthermore, you state and pledge that you:
<ol type="a">
<li>are not on the list of prohibited individuals which may be identified on
any government export exclusion report
(<a href="http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm">http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm</a>)
nor a member of any other government which may be part of an export-prohibited
country identified in applicable export and import laws and regulations;
<li>agree not to transfer any software, technology or any other technical data
through the use of our network Services to any export-prohibited country;
<li>agree not to use our website network Services for any military, nuclear,
missile, chemical or biological weaponry end uses that would be a violation of
the U.S. export laws; and
<li>agree not to post, transfer nor upload any software, technology or any
other technical data which would be in violation of the U.S. or other
applicable export and/or import laws.
</ol>
<h2>CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES</h2>
<p>Scribe shall not lay claim to ownership of any content submitted by any
visitor or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for Scribe the below listed
worldwide, royalty-free and non-exclusive licenses, as applicable:
<ol type="a">
<li>The content submitted or made available for inclusion on the publicly
accessible areas of Scribe's sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services is for the sole purpose of providing and
promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a
member of Scribe's sites, and shall terminate at such time when you elect to
discontinue your membership.
<li>Photos, audio, video and/or graphics submitted or made available for
inclusion on the publicly accessible areas of Scribe's sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for
the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Scribe's sites and shall terminate at
such time when you elect to discontinue your membership.
<li>For any other content submitted or made available for inclusion on the
publicly accessible areas of Scribe's sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of
any such Content into other works in any arrangement or medium current used or
later developed.
</ol>
<p>Those areas which may be deemed "publicly accessible" areas of Scribe's sites
are those such areas of our network properties which are meant to be available
to the general public, and which would include message boards and groups that
are openly available to users. However, those areas which are not open to the
public, and thus available to members only, would include our mail system and
instant messaging.
<h2>CONTRIBUTIONS TO COMPANY WEBSITE</h2>
<p>Scribe provides an area for our users to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals ("Contributions")
to our site, you acknowledge and agree that:
<ol type="a">
<li>your contributions do not contain any type of confidential or proprietary
information;
<li>Scribe shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
<li>Scribe shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
<li>the contributor's Contributions shall automatically become the sole
property of Scribe; and
<li>Scribe is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
</ol>
<h2>INDEMNITY</h2>
<p>All users herein agree to insure and hold Scribe, our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or
not liable for any claim or demand, which may include, but is not limited to,
reasonable attorney fees made by any third party which may arise from any
content a user of our site may submit, post, modify, transmit or otherwise make
available through our Services, the use of Services or your connection with
these Services, your violations of the Terms of Service and/or your violation of
any such rights of another person.
<h2>COMMERCIAL REUSE OF SERVICES</h2>
<p>The user herein agrees not to replicate, duplicate, copy, trade, sell, resell
nor exploit for any commercial reason any part, use of, or access to Scribe's
sites.
<h2>MODIFICATIONS</h2>
<p>Scribe shall reserve the right at any time it may deem fit, to modify, alter
and or discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
<h2>ADVERTISERS</h2>
<p>Any correspondence or business dealings with, or the participation in any
promotions of, advertisers located on or through our Services, which may include
the payment and/or delivery of such related goods and/or Services, and any such
other term, condition, warranty and/or representation associated with such
dealings, are and shall be solely between you and any such advertiser. Moreover,
you herein agree that Scribe shall not be held responsible or liable for any
loss or damage of any nature or manner incurred as a direct result of any such
dealings or as a result of the presence of such advertisers on our website.
<h2>LINKS</h2>
<p>Either Scribe or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the
availability of any such external sites or resources, and as such, we do not
endorse nor are we responsible or liable for any content, products, advertising
or any other materials, on or available from such third party sites or
resources. Furthermore, you acknowledge and agree that Scribe shall not be
responsible or liable, directly or indirectly, for any such damage or loss which
may be a result of, caused or allegedly to be caused by or in connection with
the use of or the reliance on any such content, goods or Services made available
on or through any such site or resource.
<h2>PROPRIETARY RIGHTS</h2>
<p>You do hereby acknowledge and agree that Scribe's Services and any essential
software that may be used in connection with our Services ("Software") shall
contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein acknowledge
and agree that any Content which may be contained in any advertisements or
information presented by and through our Services or by advertisers is protected
by copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable law or as
authorized by Scribe or such applicable licensor, you agree not to alter,
modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly
perform and/or created any plagiaristic works which are based on Scribe Services
(e.g. Content or Software), in whole or part.
<p>Scribe herein has granted you personal, non-transferable and non-exclusive
rights and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not to
alter or change the Software in any manner, nature or form, and as such, not to
use any modified versions of the Software, including and without limitation, for
the purpose of obtaining unauthorized access to our Services. Lastly, you also
agree not to access or attempt to access our Services through any means other
than through the interface which is provided by Scribe for use in accessing our
Services.
<h2>WARRANTY DISCLAIMERS</h2>
<p>YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
<ol type="a">
<li>THE USE OF SCRIBE SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR
SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. SCRIBE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
<li>SCRIBE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SCRIBE SERVICES OR SOFTWARE WILL
MEET YOUR REQUIREMENTS; (ii) SCRIBE SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY
BE OBTAINED FROM THE USE OF THE SCRIBE SERVICES OR SOFTWARE WILL BE ACCURATE
OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED
IN THE SOFTWARE SHALL BE CORRECTED.
<li>ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF
SCRIBE SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND
ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA
THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
<li>NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM SCRIBE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
<li>A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC
SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE
CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS
MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN
USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
</ol>
<h2>LIMITATION OF LIABILITY</h2>
<p>YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SCRIBE AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH
MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER
INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT
SAID DAMAGES MAY OCCUR, AND RESULT FROM:
<ol type="a">
<li>THE USE OR INABILITY TO USE OUR SERVICE;
<li>THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
<li>UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR
DATA;
<li>STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
<li>AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
</ol>
<h2>RELEASE</h2>
<p>In the event you have a dispute, you agree to release Scribe (and its
officers, directors, employees, agents, parent subsidiaries, affiliates,
co-branders, partners and any other third parties) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any
way connected to such dispute.
<h2>SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS</h2>
<p>Should you intend to create or to join any service, receive or request any
such news, messages, alerts or other information from our Services concerning
companies, stock quotes, investments or securities, please review the above
Sections Warranty Disclaimers and Limitations of Liability again. In addition,
for this particular type of information, the phrase "Let the investor beware" is
appropriate. Scribe's content is provided primarily for informational purposes,
and no content that shall be provided or included in our Services is intended
for trading or investing purposes. Scribe and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted and/or made available by way of our Services, and shall
not be responsible or liable for any trading and/or investment decisions based
on any such information.
<h2>EXCLUSION AND LIMITATIONS</h2>
<p>THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
<h2>THIRD PARTY BENEFICIARIES</h2>
<p>You herein acknowledge, understand and agree, unless otherwise expressly
provided in this TOS, that there shall be no third-party beneficiaries to this
agreement.
<h2>NOTICE</h2>
<p>Scribe may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or
SMS, text messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices may
not be received if you violate any aspects of the TOS by accessing our Services
in an unauthorized manner. Your acceptance of this TOS constitutes your
agreement that you are deemed to have received any and all notices that would
have been delivered had you accessed our Services in an authorized manner.
<h2>TRADEMARK INFORMATION</h2>
<p>You herein acknowledge, understand and agree that all of the Scribe
trademarks, copyright, trade name, service marks, and other Scribe logos and any
brand features, and/or product and service names are trademarks and as such, are
and shall remain the property of Scribe. You herein agree not to display and/or
use in any manner the Scribe logo or marks without obtaining Scribe's prior
written consent.
<h2>COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE &
PROCEDURES</h2>
<p>Scribe will always respect the intellectual property of others, and we ask
that all of our users do the same. With regards to appropriate circumstances and
at its sole discretion, Scribe may disable and/or terminate the accounts of any
user who violates our TOS and/or infringes the rights of others. If you feel
that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been
otherwise violated, you should provide to us the following information:
<ol type="a">
<li>The electronic or the physical signature of the individual that is
authorized on behalf of the owner of the copyright or other intellectual
property interest;
<li>A description of the copyrighted work or other intellectual property that
you believe has been infringed upon;
<li>A description of the location of the site which you allege has been
infringing upon your work;
<li>Your physical address, telephone number, and email address;
<li>A statement, in which you state that the alleged and disputed use of your
work is not authorized by the copyright owner, its agents or the law;
<li>And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate, and that
you are the copyright or intellectual property owner, representative or agent
authorized to act on the copyright or intellectual property owner's behalf.
</ol>
<p>The Scribe Agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
<p>Email:
<a href="mailto:[email protected]">[email protected]</a>
<h2>CLOSED CAPTIONING</h2>
<p>BE IT KNOWN, that Scribe complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at scribe.lithl.info.
<h2>GENERAL INFORMATION</h2>
<h3>ENTIRE AGREEMENT</h3>
<p>This TOS constitutes the entire agreement between you and Scribe and shall
govern the use of our Services, superseding any prior version of this TOS
between you and us with respect to Scribe Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain
other Scribe Services, affiliate Services, third-party content or third-party
software.
<h3>CHOICE OF LAW AND FORUM</h3>
<p>It is at the mutual agreement of both you and Scribe with regard to the TOS
that the relationship between the parties shall be governed by the laws of the
state of California without regard to its conflict of law provisions and that
any and all claims, causes of action and/or disputes, arising out of or relating
to the TOS, or the relationship between you and Scribe, shall be filed within
the courts having jurisdiction within the County of Santa Clara, California or
the U.S. District Court located in said state. You and Scribe agree to submit to
the jurisdiction of the courts as previously mentioned, and agree to waive any
and all objections to the exercise of jurisdiction over the parties by such
courts and to venue in such courts.
<h3>WAIVER AND SEVERABILITY OF TERMS</h3>
<p>At any time, should Scribe fail to exercise or enforce any right or provision
of the TOS, such failure shall not constitute a waiver of such right or
provision. If any provision of this TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
<h2>VIOLATIONS</h2>
<p>Please report any and all violations of this TOS to Scribe as follows:
<p>Email:
<a href="mailto:[email protected]">[email protected]</a>
<script src="./toc.js"></script>