Thank you for using Twilight Crow! These Terms of Service govern your access to and use of Twilight Crow’s website, products, and services. Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms. These terms may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Sites. You should consult this Privacy Policy regularly for any changes.
Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the twilightcrow.com domain name, the “Twilight Crow Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO TERMS OF USE, WHICH ARE PUBLISHED AT https://twilightcrow.com/terms-of-service AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you disagree with any of these terms, please do not use the Twilight Crow Website.
Twilight Crow Website
These Terms of Use apply to all users of the Twilight Crow Website, including users who are also contributors of novel content, information, and other materials or services on the Website. The Twilight Crow Website may contain links to third-party websites not owned or controlled by Twilight Crow. Twilight Crow has no control over and assumes no responsibility for any third-party websites’ content, privacy policies, or practices. In addition, Twilight Crow will not and cannot censor or edit the content of any third-party site. Using the Website, you expressly relieve Twilight Crow from any liability arising from using any third-party website. Accordingly, we encourage you to be aware when you leave Twilight Crow and to read the terms and conditions and privacy policy of each website that you visit.
Website Access
A. Twilight Crow hereby permits you to use the Website as outlined in this Terms of Use, provided that:
(i) Your use of the Website as permitted is solely for your personal, noncommercial use;
(ii) You will not copy or distribute any part of the Website in any medium without Twilight Crow’s prior written authorization;
(iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
(iv) You will otherwise comply with the terms and conditions of these Terms of Use.
B. To access some website features, you must create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity on your account and must keep your account password secure. You must notify Twilight Crow immediately of any security breach or unauthorized account use. Although Twilight Crow will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Twilight Crow or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Twilight Crow servers in a given period than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the preceding, Twilight Crow permits the operators of public search engines to use spiders to copy materials from the site to create publicly available searchable indices of the materials, but not caches or archives of such materials. Twilight Crow reserves the right to revoke these exceptions generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website nor to use the communication systems provided for commercial solicitation purposes. You agree not to solicit, for commercial purposes, any website users concerning their User Submissions.
User Submissions
A. The Twilight Crow may now or in the future permit the submission of novel or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Twilight Crow does not guarantee any confidentiality concerning any submissions.
B. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
(i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Twilight Crow to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use;
(ii) You have the written consent, release, and/or permission of every identifiable person in the User Submission to use the name or likeness of every such identifiable person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to Twilight Crow, you hereby grant Twilight Crow a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Twilight Crow Website and Twilight Crow’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Twilight Crow Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Twilight Crow Website a non-exclusive license to access your User Submissions through the Website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Twilight Crow Website.
C. In connection with User Submissions, you further agree that you will not:
(i) Submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Twilight Crow all of the license rights granted herein;
(ii) Publish falsehoods or misrepresentations that could damage Twilight Crows or any third party;
(iii) Submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) Post advertisements or solicitations of business;
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right allegedly infringed.
Twilight Crow’s designated Copyright Agent to receive notifications of claimed infringement is dmca@twilightcrow.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Twilight Crow‘s customer service. You acknowledge that if you fail to comply with all of the requirements of Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Twilight Crow Website, you will be exposed to User Submissions from various sources and that Twilight Crow is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Twilight Crows concerning it and agree to indemnify and hold Twilight Crow, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Twilight Crow permits you to link to materials on the Website for personal, non-commercial purposes only. Twilight Crow reserves the right to discontinue any aspect of the Twilight Crow Website at any time.
Warranty Disclaimer
You agree that using the Twilight Crow website shall be at your sole risk to the fullest extent permitted by law. Twilight Crow, its officers, directors, employees, and agents disclaim all warranties, express or implied, concerning the website and your use thereof. Twilight Crow makes no warranties or representations about the accuracy or completeness of this 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 of content,
(ii) Personal injury or property damage of any nature whatsoever resulting from your access to and use of our website,
(iii) Any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein,
(iv) Any interruption or cessation of transmission to or from our website,
(v) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party,
(vi) Any errors or omissions in any content or for any loss or damage incurred due to the use of any content posted, emailed, transmitted, or otherwise made available via the Twilight Crow website. Twilight Crow does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Twilight Crow website or any hyperlinked website or featured in any banner or other advertising, and Twilight Crow 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. as with purchasing a product or service through any medium or environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event shall Twilight Crows, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:
(i) Errors, mistakes, or inaccuracies of content,
(ii) Personal injury or property damage of any nature whatsoever resulting from your access to and use of our website,
(iii) Any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein,
(iv) Any interruption or cessation of transmission to or from our website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party,
(v) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Twilight Crows website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the preceding limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You expressly acknowledge that Twilight Crow shall not be liable for user submissions or any third party’s defamatory, offensive, or illegal conduct and that the risk of harm or damage from the preceding rests entirely with you.
Indemnity
You agree to defend, indemnify and hold harmless Twilight Crow, its parent corporation, officers, directors, employees and agents from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) Your use of and access to the Twilight Crow;
(ii) Your violation of any term of these Terms of Service;
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) any claim that one of your User Submissions caused damage to a third party.
This defence and indemnification obligation will survive these Terms of Service and your use of the Twilight Crow Website.
Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over 13, as the Twilight Crow Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Twilight Crow Website-there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
Assignment
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Twilight Crow without restriction.