This agreement applies as between you, the User of this
Website, and Red Grey Digital Development, the owner(s) of this Website. Your
agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of
these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do
not agree to be bound by these Terms and Conditions, you should stop using the
Website immediately.
No part of this Website is intended to constitute a
contractual offer capable of acceptance. Your order constitutes a contractual offer,
and Our acceptance of that offer is deemed to occur upon Our sending a
confirmation email to you indicating that your order has been accepted.
In this Agreement, the following terms shall have the
following meanings:
"Account": Means collectively the personal
information, Payment Information, and credentials used by Users to access Paid
Content and/or any communications System on the Website.
"Content": Means any text, graphics, images,
audio, video, software, data compilations, and any other form of information
stored in a computer that appears on or forms part of this Website.
"Facilities": Means any online facilities, tools,
services, or information made available through the Website.
"Services": Means the services available through
this Website, specifically the use of Red Grey Digital Development’s proprietary
platform.
"Payment Information": Means any details required
for the purchase of Services from this Website, including but not limited to
credit/debit card numbers and bank account details.
"Premises": Means Our business location at 3597
East Monarch Sky Lane, Meridian, ID 83646.
"System": Means any online communications
infrastructure available through the Website, including web-based email,
message boards, live chat facilities, and email links.
"User"/"Users": Means any third party
accessing the Website and not employed by Red Grey Digital Development.
"Website": Means the website you are currently
using (romancewritershq.com) and any sub-domains unless expressly excluded by
their own terms and conditions.
"We/Us/Our": Means Red Grey Digital Development, a
company registered in Idaho, United States.
Users under 18 should use this Website only with the
supervision of an adult. Payment Information must be provided by or with the
permission of an adult.
These Terms and Conditions also apply to customers procuring
Services for business purposes.
4.1 Subject to the exceptions in Clause 5 of these Terms and
Conditions, all Content included on the Website, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons, images, sound
clips, video clips, data compilations, page layout, underlying code, and
software is the property of Red Grey Digital Development, our affiliates, or other
relevant third parties. By continuing to use the Website, you acknowledge that
such material is protected by applicable United States and International
intellectual property and other laws.
4.2 Subject to Clause 6, you may not reproduce, copy,
distribute, store, or in any other fashion re-use material from the Website
unless otherwise indicated on the Website or unless given Our express written
permission to do so.
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6, you may not reproduce, copy, distribute, store, or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where permitted under the fair use doctrine as outlined in Section 107 of the U.S. Copyright Act. Fair use allows limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, and research, provided that the use does not unfairly impact the rights of the copyright owner. Users are responsible for ensuring their use complies with applicable copyright laws.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Red Grey Digital Development or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site romancewritershq.com without Our prior permission. Deep linking (i.e., links to specific pages within the site) requires Our express written permission. To find out more, please contact Us by email at support@romancewritershq.com or call us in the following number: (844) 495-RWHQ
9.1 When using any System on the Website you should do so in
accordance with the following rules. Failure to comply with these rules may
result in your Account being suspended or closed:
9.1.1 You must not use obscene or vulgar language.
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist, or racist.
9.1.3 You must not submit Content that is intended to promote or incite violence.
9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to inquiries submitted in any other languages.
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.
9.1.6 You must not impersonate other people, particularly employees and representatives of Red Grey Digital Development or Our affiliates; and
9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
9.2 You acknowledge that Red Grey Digital Development reserves the right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that Red Grey Digital Development may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
10.1 In order to procure Services on this Website and to use
certain other parts of the System, you are required to create an Account which
will contain certain personal details and Payment Information which may vary
based upon your use of the Website as We may not require payment information
until you wish to make a purchase. By continuing to use this Website you
represent and warrant that:
10.1.1 all information you submit is accurate and truthful.
10.1.2 you have permission to submit Payment Information
where permission may be required; and
10.1.3 you will keep this information accurate and up to
date. Your creation of an Account is further affirmation of your representation
and warranty.
10.2 It is recommended that you do not share your Account
details, particularly your username and password. We accept no liability for
any losses or damages incurred because of your Account details being shared by
you. If you use a shared computer, it is recommended that you do not save your
Account details in your internet browser.
10.3 If you have reason to believe that your Account details
have been obtained by another person without consent, you should contact Us
immediately to suspend your Account and cancel any unauthorized orders or
payments that may be pending. Please be aware that orders or payments can only
be cancelled up until provision of Services has commenced. If an unauthorized
provision commences prior to your notifying Us of the unauthorized nature of
the order or payment, then you shall be charged for the period from the
commencement of the provision of services until the date you notified us and
may be charged for a billing cycle of one month.
10.4 When choosing your username, you are required to adhere
to the terms set out above in Clause 9. Any failure to do so could result in
the suspension and/or deletion of your Account.
11.1 Either Red Grey Digital Development or you may terminate
your Account. If We terminate your Account, you will be notified by email and
an explanation for the termination will be provided. Notwithstanding the
foregoing, we reserve the right to terminate without giving reasons.
11.2 If We terminate your Account, any current or pending
orders or payments on your Account will be cancelled and provision of Services
will not commence.
12.1 Whilst every effort has been made to ensure that all
general descriptions of Services available from Red Grey Digital Development
correspond to the actual Services that will be provided to you, We are not
responsible for any variations from these descriptions as the exact nature of
the Services may vary depending on your individual requirements and
circumstances. This does not exclude Our liability for mistakes due to
negligence on Our part and refers only to variations of the correct Services,
not different Services altogether. Please refer to sub-Clause 13.8 for
incorrect Services.
12.2 Where appropriate, you may be required to select the
required Plan of Services.
12.3 We neither represent nor warrant that such Services
will always be available and cannot necessarily confirm availability until
confirming your Order. Availability indications are not provided on the
Website.
12.4 All pricing information on the Website is correct at
the time of going online. We reserve the right to change prices and alter or
remove any special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period
between an order being placed for Services and Us processing that order and
taking payment, then the price that was valid at the time of the order shall be
used.
13.1 No part of this Website constitutes a contractual offer
capable of acceptance. Your order constitutes a contractual offer that We may,
at Our sole discretion, accept. Our acceptance is indicated by Us sending to
you an order confirmation email. Only once We have sent you an order
confirmation email will there be a binding contract between Red Grey Digital Development
and you.
13.2 Order confirmations under sub-Clause 13.1 will be sent
to you before the Services begin and shall contain the following information:
13.2.1 Confirmation of the Services ordered including full
details of the main characteristics of those Services.
13.2.2 Fully itemized pricing for the Services ordered
including, where appropriate, taxes, delivery, and other additional charges.
13.2.3 Relevant times and dates for the provision of the Services.
13.2.4 User credentials and relevant information for
accessing those services.
13.3 If We, for any reason, do not accept your order, no
payment shall be taken under normal circumstances. In any event, any sums paid
by you in relation to that order will be refunded within 14 calendar days.
13.4 Payment for the Services shall be taken via your chosen
payment method, immediately for any setup fee that corresponds to the service
plan you purchased and at the same day of each subsequent month (“billing
cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR
as indicated in the order confirmation you received.
13.5 We aim to fulfill your Order within 2-3 working days or
if not, within a reasonable period following your Order, unless there are
exceptional circumstances. If we cannot fulfill your Order within a reasonable
period, we will inform you at the time you place the Order by a note on the
relevant web page or by contacting you directly after you place your Order.
Time is not of the essence of the Contract, which means we will aim to fulfill
your Order within any agreed timescales, but this is not an essential term of
the Contract, and we will not be liable to you if we do not do so. If the
Services are to begin within 14 calendar days of Our acceptance of your order,
at your express request, you will be required to expressly acknowledge that
your statutory cancellation rights, detailed below in Clause 14, will be
affected.
13.6 Red Grey Digital Development shall use all Our reasonable
endeavors to provide the Services with reasonable skill and care, commensurate
with best trade practice.
13.7 In the event that Services are provided that are not in
conformity with your order and thus incorrect, you should contact Us
immediately to inform Us of the mistake. We will ensure that any necessary
corrections are made within ten (10) working days.
Additional terms and conditions may apply to the provision
of certain Services. You will be asked to read and confirm your acceptance of
any such terms and conditions when completing your Order.
We want you to be completely satisfied with the Products or
Services you order from Red Grey Digital Development. If you need to speak to us
about your Order, then please contact customer care on (844) 495-RWHQ, or by
email at support@romancewritershq.com or write to us at our address (see
section 1 above). You may cancel an Order that we have accepted or cancel the
Contract. If any Specific Terms accompanying the Service contain terms about
cancelling the Service, the cancellation policy in the Specific Terms will
apply.
14.1 7-Day Refund Policy:
We offer a 7-day refund policy on our Services. If you are
not satisfied with the Services for any reason, you may request a full refund
within 7 days of your initial purchase date. To request a refund, please
contact our customer care team via phone or email.
14.2 Conditions for Refund:
The refund request must be made within 7 days of the
original purchase date.
We reserve the right to refuse a refund if we believe the
service has been used extensively or if the request is deemed abusive.
Refunds will be processed back to the original method of
payment.
14.3 If you are a consumer based within the European Union,
you have a statutory right to a “cooling off” period. This period begins once
your order is confirmed and the contract between Red Grey Digital Development and
you is formed and ends at the end of 14 calendar days after that date. If you
change your mind about the Services within this period and wish to cancel your
order, please inform Us immediately using the following email: support@romancewritershq.com.
Your right to cancel during the cooling off period is subject to the provisions
of sub-Clause 14.2.
14.4 As specified in sub-Clause 13.6, if the Services are to
begin within the cooling off period you are required to make an express request
to that effect. By requesting that the Services begin within the 14-calendar
day cooling off period you acknowledge and agree to the following:
14.4.1 If the Services are fully performed within the 14-calendar
day cooling off period, you will lose your right to cancel after the Services
are complete.
14.4.2 If you cancel the Services after provision has begun
but is not yet complete you will still be required to pay for the period.
Use of the Website is also governed by Our Privacy Policy (romancewritershq.com/privacy), which
is incorporated into these Terms and Conditions by reference. To view the
Privacy Policy, please click on the link above.
16.1 All personal information that We may collect
(including, but not limited to, your name and address) will be collected, used,
and held in accordance with the provisions of applicable data protection laws,
including the Idaho Consumer Protection Act and the California Consumer Privacy
Act (CCPA).
16.2 We may use your personal information to:
Provide Our Services to you
Process your payment for the Services
Inform you of new products and services available from Us
(you may request that We stop sending you this information at any time)
16.3 In certain circumstances (if, for example, you wish to
purchase Services on credit), and with your consent, we may pass your personal
information on to credit reference agencies. These agencies are also bound by
applicable data protection laws and should use and hold your personal
information accordingly.
16.4 We will not pass on your personal information to any
other third parties without first obtaining your express permission.
17.1 We make no warranty or representation that the Website
will meet your requirements, be of satisfactory quality, fit for a particular
purpose, not infringe the rights of third parties, be compatible with all
systems, be secure, or that all information provided will be accurate. We make
no guarantee of any specific results from the use of our Service or Services.
17.2 No part of this Website is intended to constitute
advice, and the Content of this Website should not be relied upon when making
any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a
contractual offer capable of acceptance.
17.4 While We use reasonable endeavors to ensure that the
Website is secure and free of errors, viruses, and other malware, you are
strongly advised to take responsibility for your own internet security, that of
your personal details, and your computers.
We reserve the right to change the Website, its Content, or
these Terms and Conditions at any time. You will be bound by any changes to the
Terms and Conditions from the first time you use the Website following the
changes. If We are required to make any changes to these Terms and Conditions
by law, these changes will apply automatically to any orders currently pending
in addition to any orders placed by you in the future.
19.1 The Website is provided "as is" and on an
"as available" basis. Red Grey Digital Development uses industry best
practices to provide high uptime, including a fault-tolerant architecture
hosted on cloud servers. We give no warranty that the Website or Facilities
will be free of defects and/or faults, and we do not provide any kind of refund
for outages. We provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility, or satisfactory
quality.
19.2 We accept no liability for any disruption or
non-availability of the Website resulting from external causes including, but
not limited to, ISP equipment failure, host equipment failure, communications
network failure, power failure, natural events, acts of war, or legal
restrictions and censorship.
20.1 To the maximum extent permitted by law, we accept no
liability for any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special, or exemplary damages arising
from the use of the Website or any information contained therein. You should be
aware that you use the Website and its Content at your own risk.
20.2 Nothing in these Terms and Conditions excludes or
restricts Red Grey Digital Development 's liability for death or personal injury
resulting from any negligence or fraud on the part of Red Grey Digital Development .
20.3 Nothing in these Terms and Conditions excludes or
restricts Red Grey Digital Development 's liability for any direct or indirect loss
or damage arising out of the incorrect provision of Services or out of reliance
on incorrect information included on the Website.
20.4 In the event that any of these terms are found to be
unlawful, invalid, or otherwise unenforceable, that term is to be deemed
severed from these Terms and Conditions and shall not affect the validity and
enforceability of the remaining Terms and Conditions. This term shall apply
only within jurisdictions where a particular term is illegal.
If any party to these Terms and Conditions fails to exercise
any right or remedy contained herein, this shall not be construed as a waiver
of that right or remedy.
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any
rights upon any third party. The agreement created by these Terms and
Conditions is between you and Red Grey Digital Development .
24.1 All notices/communications shall be given to Us either
by post to Our Premises (see address above) or by email to support@romancewritershq.com.
Such notice will be deemed received 3 days after posting if sent by first class
post, the day of sending if the email is received in full on a business day,
and on the next business day if the email is sent on a weekend or public
holiday.
24.2 We may from time to time, if you opt to receive it,
send you information about Our products and/or services. If you do not wish to
receive such information, please click on the 'Unsubscribe' link in any email
which you receive from Us.
These Terms and Conditions and the relationship between you
and Red Grey Digital Development shall be governed by and construed in accordance
with the laws of the State of Idaho. You agree to submit to the exclusive
jurisdiction of the courts of Idaho for resolution of any disputes arising
under these Terms and Conditions.
