LAST UPDATED: July 24, 2017
Description of service
YOU AND INTERNATIONAL EDITING AGENCY LLC (“IEA”, “WE”, “US”, AND “OUR”) AGREE THAT YOUR ACCESS TO AND USE OF THE WEB SITES LOCATED AT WWW.INTLEDITINGAGENCY.COM (THE “WEB SITE”) AND THE REVIEW SERVICES OFFERED VIA THE WEB SITE (THE “SERVICES”) IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF SERVICE, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND INTERNATIONAL EDITING AGENCY (THE “AGREEMENT”). WE ARE WILLING TO ALLOW YOU ACCESS TO THE WEB SITE AND PROVIDE THE SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. AFTER READING THE TERMS, IF YOU AGREE TO THEM, PLEASE INDICATE YOUR DECISION BY CLICKING THE CHECKBOX ON THE ACCOUNT SIGN UP/REGISTRATION FORM NEXT TO THE STATEMENT THAT READS “I have read and agree to the terms of service.” IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO CREATE AN ACCOUNT WITH OUR SITES.
The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you are under 18, then you are not permitted to use the Services. In order to receive the Services, you must pay in advance the applicable fee unless International Editing Agency agrees that you may make payment pursuant to another payment plan. International Editing Agency may increase its fees at any time. You must complete the sign-up form in order to use the Services. You agree that all information provided by you in connection with the sign-up process for International Editing Agency (“Registration Information”) will be true, accurate, current, and complete and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. As part of the registration process, you will identify an email and password for your account that is shared by International Editing Agency. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. We reserve the right to refuse registration of, or cancel, accounts at any time and for any reason, as we deem appropriate. Upon termination of your registration as a “user”, you will no longer be allowed access to the Web Sites or the Services offered through the Web Sites. We also reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
Your intellectual property rights
International Editing Agency and its employees make no claims on any work submitted to us for review. Any documents, content, material, works or other intellectual property submitted by you (collectively, “Documents”) will remain your intellectual property. International Editing Agency reviewers have signed a confidentiality agreement to waive their claim to any intellectual property and Documents submitted though the Service. You represent and warrant that: (i) you have obtained all necessary third party rights, including, without limitation, copyrights, for any Documents or portions thereof that belong to third parties, which are necessary for International Editing Agency to provide Services in connection with the Documents: (ii) the Documents will not contain, any infringing, illegal, sexually explicit, threatening, abusive, harassing, defamatory, or otherwise objectionable material, including, without limitation, any material that could give rise to any liability to Editing Agency or which might adversely affect the public image, reputation or goodwill of International Editing Agency; and (iii) the Documents do not include any infringing, misappropriated or plagiarized content that you do not have the rights to use. It is your responsibility to determine if it is necessary for you to obtain, and for obtaining, any licenses required to use third party content that is part of the Documents. You will be responsible for making back-up and archival copies of your Documents. In no event will International Editing Agency be responsible to you or any other person for any loss, corruption or alteration of Documents.
You agree to indemnify and hold International Editing Agency and its divisions, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against International Editing Agency for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Web Sites or the Services.
Our intellectual property rights
You acknowledge that International Editing Agency owns all right, title and interest in and to the Web Sites and the Services (the “International Editing Agency Intellectual Property”), and such International Editing Agency Intellectual Property is protected by U.S. and international intellectual property laws. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from any of our Web Sites.
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law.
Disclaimer of warranties
International Editing Agency is not responsible for the conduct, whether online or offline, of any user of the Web Sites. The Web Sites and the Services may be temporarily unavailable from time to time for various reasons. International Editing Agency assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Sites. International Editing Agency is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person’s computer related to or resulting from participating or downloading materials or Documents in connection with the Web Sites or the Services. THE WEB SITES AND THE SERVICES AND REPORTS ARE PROVIDED “AS-IS” AND INTERNATIONAL EDITING AGENCY AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INTERNATIONAL EDITING AGENCY AND ITS LICENSORS CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITES, SERVICES OR REPORTS.
Without limiting the generality of the foregoing, you acknowledge and agree that International Editing Agency and its licensors do not guarantee the quality, accuracy or results of the Services or Reports. No refunds shall be provided except as set expressly agreed to by International Editing Agency.
Limitation of liability
IN NO EVENT WILL INTERNATIONAL EDITING AGENCY OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITES, SERVICES OR REPORTS, EVEN IF INTERNATIONAL EDITING AGENCY OR ITS LICENSORS ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, INTERNATIONAL EDITING AGENCY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES AND/OR REPORTS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF INTERNATIONAL EDITING AGENCY AND ITS LICENSORS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO INTERNATIONAL EDITING AGENCY FOR THE SERVICES; AND (B) TEN DOLLARS ($10). THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND SHALL SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Credits, Holds and Offsets
Please be advised that if we receive any claim or threat of a claim, which is related to your use of the Services, we may put a “hold” on any account you have with us, including any monies held on your behalf. Furthermore, to the extent that you owe us any amounts as a consequence your use of the Services or our settlement of any claim made against you, we may, in our sole discretion, deduct all or a portion of such amounts from any amounts held by us in your account. Any such deduction will not relieve you of any obligation to pay the remainder of any amounts due from you to us.
In relation to its Services, International Editing Agency will treat all Documents you provide to us in confidence and will disclose the Documents only to our employees and agents that are providing the Services. Your Documents will not be provided to any other third party and will not be used for any purpose other than to provide Services to you. International Editing Agency has a policy of providing access to the Scorecards that are created through a unique verification code. You maintain responsibility and control of this verification code and therefore access to your scorecards.
This Agreement sets forth the entire agreement between you and International Editing Agency pertaining to your use of the Web Sites, Services and Reports. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date (i.e., the LAST UPDATED date). Your continued use of the Services, Reports or the Web Sites after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services, Reports or the Web Sites. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.