There's no such thing as writer's block. That was invented by people in California who couldn't write.
Introduction
This document (together with the documents referred to on it) outlines the terms of use governing your use of the website www.writing4all.ie (“the Site”), whether as a guest or a member. Please read these terms of use carefully before you start to use the Site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site. By clicking that you agree to our terms on the Site membership registration page you signal that you have read and agreed to what is below.
INFORMATION ABOUT US
www.writing4all.ie is a site operated by Writing4all Limited ("We" or the “Company”). We are registered in Ireland under company number 478884 and have our registered office at 28 Upper Fitzwilliam Street, Dublin 2, Ireland. We are a limited company.
INFORMATION ABOUT THE SITE
The Site provides a platform where members can post fiction, poetry and essays, get feedback on their work from other members, start forum topics and write blogs. There is also access to information on competitions, events and conventions and an ever increasing Resources Section with listings of agents, publishers, magazines and other useful data.
Access Site
We reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or our entire Site, to users who have registered with us.
You must be at least 18 years old to use the Site. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by these Terms. The Company accepts no liability in this regard.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the Site, you must comply with the provisions of our acceptable use policy.
You must provide accurate, current and complete information about yourself when registering for an account on the Site ("Registration Data"). You must also update your Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete.
INTELLECTUAL PROPERTY RIGHTS
You are solely responsible for any activity and content (including, without limitation, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content) that is posted under your screen names (collectively, "User Content").
You own your User Content, not us. User Content is defined as text, pictures, video, sound and other files legally posted by you on the Site. You grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right to display your User Content (in whole or in part) on the Site. You also grant each user of the Site the right to access, display, view, store and reproduce your User Content for personal use. You represent and warrant to the Company that you have the right to grant the licenses stated above.
All content (excluding User Content as defined above) on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, and its licensors with all rights reserved.
No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print one copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Site Content on the Site must always be acknowledged.
If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited.
UPLOADING MATERIAL TO THE SITE
We reserve the right to remove content and accounts that we determine in our sole discretion are or may be unlawful, threatening, offensive, obscene or in violation of any party's intellectual property rights or these Terms of Use.
Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
Other than our right to display User Content as described above, we claim no intellectual property rights over User Content you provide to the Site. Your profile and the materials you upload remain yours. You can remove your profile at any time by contacting and requesting the deletion of your account. This will also remove any text, images or other content you have stored on the Site. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.
We undertake to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
- A physical or electronic signature of the copyright owner or the person authorized to act on the copyright owner's behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit the Company to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be submitted via email at
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
THE SITE CHANGES REGULARLY
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
THE COMPANY MAKES NO WARRANTY THAT THE SITE OR THE SERVICES PROVIDED ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING ANY SERVICES PROVIDED ON THE SITE, WILL BE AVAILABLE, OR THAT DATA ENTERED WILL BE SECURE FROM UNAUTHORIZED ACCESS.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including:
- a) loss of income or revenue;
- b) loss of business;
- c) loss of profits or contracts;
- d) loss of anticipated savings;
- e) loss of data;
- f) loss of goodwill;
- g) wasted management or office time; and whether caused by tort (including negligence), breach of contract copyright infringement or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.
INDEMNIFICATION
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH THE SITE
Contracts for the supply of services, goods or information formed through the Site or as a result of visits made by you are governed by our terms and conditions of supply.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO THE SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the Site other than that set out above, please address your request to
LINKS FROM THE SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.
ADDITIONAL TERMS
These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, which shall continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred.
YOUR CONCERNS
If you have any concerns about material which appears on the Site, please contact
Thank you for visiting the Site.
SUBSCRIPTION TERMS AND CONDITIONS
1.Terms of Subscription
This section (together with the documents referred to on it) outlines the terms governing your subscription to the website writing4all.ie (the “Website”). The Website is operated by Writing4all Limited (the “Company” or “We”). If you do not agree with any part of these terms and conditions do not place an order. If you have any questions please contact .
2. Contracting Party
Your subscription contract will be fulfilled by Writing4all Limited together with its agents and sub-contractors. The Company is registered in Ireland under company number 478884 and has its registered office at 28 Upper Fitzwilliam Street, Dublin 2, Ireland.
3.Types of subscriptions and what is included
3.1.On subscribing to the Website in accordance with these terms you shall be entitled to the following services:
12 months access from the date of the contract to the website as a member.
3.2. Each subscription right is a personal, non-exclusive, non-transferable right of access from the date of contract.
3.3. All subscriptions are subject to the terms of our licence in clause 13 below.
3.4. We reserve full editorial control over our Website and reserve the right to make changes to the Website, including but not limited to, our editorial approach, the right to remove certain content which may be or become contentious, complained about or unlawful, the look, feel and functionality of our Website.
4. Placing an order and our acceptance
4.1. When you click "Submit Order" to submit your order to subscribe to the Website, you are making an offer to take out a 12 month subscription to the Website subject to these terms and conditions, which, if accepted by us, will result in a binding contract.
4.2. When placing your order on-line your credit/debit card will be debited when you click "Submit Order". After you submit your offer, our online payment provider will send you an email confirming that your payment has been processed. We will also send you an email confirming your order. We may at that time allow you to have temporary online access to the Website pending the processing of your order, but this is a gesture of goodwill, and does not represent acceptance of your offer. Ongoing delivery will occur if your order is accepted.
4.3. Your online payment will then be processed by us and we will confirm if your payment is not validated. A binding contract comes into effect between us once payment has been received and confirmed by us by email.
4.4. In the event that we are unable to supply any subscription rights for the agreed term, we will inform you as soon as possible and provide you with a pro rata refund in the event that you have paid for a period for which we cannot comply. We will not however be liable for any other direct or indirect losses, nor any losses (as set out in Clause 9), caused as a result of not being able to supply you with the subscriptions for all or any of the periods subscribed to. This does not affect your statutory rights.
5. Right to refuse orders
We reserve the right not to fulfill and to cancel orders:
a) in the event of obvious inaccuracies in prices, except that we may fulfill your order at the correct price;
b) if we are unable to obtain payment authorisation from the issuer of your payment card.
If we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.
6. Your Account Details
If your request for a subscription is accepted, you will be responsible for maintaining confidentiality of your online account and password, restricting access to your computer and/or preventing unauthorised access to your account. You agree to take responsibility for all activities that occur under your account or password. If you believe that your account or password is being or is about to be used by anyone else, other than those authorised by you to do so, you should inform us immediately via .
7. Prices and Payments
7.1. The price that you pay for your subscription rights should be the standard pricing as indicated on the Website. You will be charged in the currency as indicated in the Checkout phase, which, if not the country of your bank account, will be converted by your bank into the currency of your bank account, when processed. We are not responsible for any additional charges your bank may apply.
7.2. Whilst we try to ensure that all prices on our Website are accurate, errors may occur. If we discover any error in the prices of the subscriptions you have ordered and this is greater than what you have paid, we will inform you as soon as possible and give you the option of recommencing your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel for this reason and we have already processed your payment, you will receive a full refund.
7.3. Online Payments may be made via credit or debit cards or as otherwise specified on our payment options section of the Website. We take all reasonable precautions to keep the details of your order and payments secure, however, unless we are negligent, we cannot be held liable for losses caused as a result of unauthorised access to the information provided by you.
7.4. We accept payment via credit/debit card details and once submitted these are processed by our contractors.
8. Disclaimer
8.1. We try and ensure our Website is available for use 24 hours per day, 7 days per week, other than for a small period for scheduled downtime. However, we do not warrant that at other times our Website will be available. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our Website become unavailable or access to the Website becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website inaccessible to you. Should there be persistent and prolonged periods of inaccessibility caused by us or our contractors (and excluding by reasons of Force Majeure events) the maximum amount we will be liable to you for will be a pro rata amount of the subscription fee you have paid to us proportionate to the period you were not able to access the Website.
8.2. Description or reference to a product or publication does not imply endorsement of that product or publication, unless it is owned by the Company and in which case it is subject to the disclaimers limitations of liability herein and within any licence or other agreement with you, the latter of which shall prevail in the event of a conflict. To the fullest extent permitted by law, the material and information displayed on our Website is provided “as is”, without any guarantees, conditions or warranties as to accuracy.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY EXCLUDES:
i. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;
ii. ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;
iii. ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND
iv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE SUBSCRIPTION FEE YOU HAVE PAID TO US. YOU AND THE COMPANY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE OUR WEBSITE.
10. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these terms and conditions at any time. You will be subject to the general policies and conditions in force at the time that you use the Website. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and the closest enforceable substitute (if possible) will be included and the excluded clause will not affect the validity and enforceability of any remaining conditions.
11. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure which shall include any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, individual action, fire, flood, drought, tempest or other event beyond the control of either party. This condition does not affect your statutory rights.
12. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
13. Licence and acceptable and prohibited use of our content and website(s)
When using the Website, you must comply with the provisions of our Terms and Conditions of Website Use and our Acceptable Use Policy. Any failure to comply with these policies will entitle us to immediately terminate your access to the Website.
14. Privacy
Our full Privacy Policy is available at the following link - Writing4all.ie Privacy Policy.
15. Governing law and jurisdiction
To the fullest extent permitted by law, these terms and conditions and any issues arising, shall be governed and construed in accordance with the laws of the Republic of Ireland, whose courts shall have exclusive jurisdiction, subject to our right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country, where necessary or advisable for enforcement purposes.