Welcome to WritingPrompts.com, which is the property of Inklyo Inc. (“Inklyo”). Inklyo and its affiliates provide their services to you subject to the following conditions. Please review them carefully.
When you visit WritingPrompts.com, or send emails to us, or subscribe to our free mailing list, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you are entering into this agreement on behalf of another individual, company, or entity, you represent that you have the authority to enter into this binding agreement on their behalf, and “you,” “your,” and “yourself” shall mean the company, entity, or person you are representing.
License and site access
WritingPrompts.com grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify any portion of it except with the express written consent of WritingPrompts.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WritingPrompts.com. You may not frame or utilize framing techniques to endorse any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WritingPrompts.com and our affiliates without express written consent. You may not reproduce any image or depiction of this site as it might be rendered by a web browser or otherwise without express written consent from WritingPrompts.com. You may not use any meta tags or any other hidden text utilizing WritingPrompts.com name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted by WritingPrompts.com. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to WritingPrompts.com so long as the link does not portray WritingPrompts.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any WritingPrompts.com logo or other proprietary graphic or trademark as part of the link without express written consent of WritingPrompts.com.
Privacy and subscription
To access some of the content and features of WritingPrompts.com, you may wish to subscribe to our free mailing list. Your subscription data and other information you provide us must be accurate, current, and complete and maintained up to date. We reserve the right to verify any information you provide to us. You agree to use your account only in a manner that does not infringe any laws or this agreement, and to keep your account login information confidential.
You do not have a right to be subscribed to WritingPrompts.com and we reserve the right to decline subscriptions. We also reserve the right to terminate your subscription. We will not be liable to you or any third party for any termination of your subscription, your access to services, nor for any deletion of data related to the termination of your subscription.
This site is owned and operated by Inklyo and is protected by Canadian and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site, including code and software. Unauthorized use of any portion of this site beyond that contained in the previous paragraph may violate copyright, trademark, and other laws.
Disclosures, disclaimer of warranties and limitation of liability
WritingPrompts.com and its contractors attempt to be as accurate as possible. However, WritingPrompts.com does not warrant that the content of this site, or its services performed for its customers are accurate, complete, reliable, current, or error free. This site and WritingPrompts.com’s services are provided by WritingPrompts.com on an “as is” and “as available” basis and at your sole risk.
To the fullest extent permissible pursuant to applicable law, WritingPrompts.com disclaims all warranties and conditions, expressed or implied, in respect of its services and any information, content, or materials on this site, including any implied warranties or conditions of fitness for a particular purpose, merchantability, and non-infringement.
WritingPrompts.com, in its website, including without limitation banners, graphics, advertisements, and links pages, may provide links and pointers to Internet sites maintained by third parties. WritingPrompts.com does not operate, or control in any respect, any information, products, or services on these third-party sites.
WritingPrompts.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
WritingPrompts.com may, from time-to-time, accept fees for advertisements in the form of banners. These will clearly be marked as advertisements or sponsors.
In no event is WritingPrompts.com, its employees, independent contractors, subsidiary and parent companies, affiliates, or any third parties mentioned on the site liable for any damages whatsoever (including, without limitation, direct, incidental, or consequential damages, lost profits, or damages resulting from lost data, breach of confidentiality, or business interruption) resulting from the performance of WritingPrompts.com’s services, the use or inability to use the WritingPrompts.com.com site or the material contained on the site, whether based on warranty, contract, tort, negligence, strict liability, operation of law, or any other legal theory, whether or not WritingPrompts.com is advised of the possibility of such damages. In no event is WritingPrompts.com liable for damages in excess of the amount paid by a customer for the service in question. WritingPrompts.com has set its prices and created this site in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between you and WritingPrompts.com is found to have failed in its fundamental or essential purpose or has been fundamentally breached. You specifically acknowledge and agree that WritingPrompts.com is not liable for any defamatory, offensive, or illegal conduct of any user.
If you are dissatisfied with any WritingPrompts.com material, or with any of WritingPrompts.com’s terms and conditions, your sole and exclusive remedy is to discontinue using WritingPrompts.com services. While we endeavor to ensure that any files originating at this site are free of known computer viruses, we make no warranty or guarantee that files are virus free, and we are not able to provide any assurances with respect to email or attachments that may have originated with third parties. All recipients are cautioned to check all email, attachments, and other computer files before accessing them, and any and all risk of virus contamination is assumed by the recipient.
We shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; and failure or sabotage of telecommunications infrastructure.
We reserve the right to modify this agreement at any time by posting an amended version that is accessible through a link on the site’s home page and/or by giving you prior notice of a modification. If any modification is unacceptable to you, your only remedy is to stop using the site, which shall be deemed to be a termination of the agreement. Your continued use of this site following our posting of an amended agreement shall constitute binding acceptance of the modification.
This site and this agreement is governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against WritingPrompts.com shall take place in the courts of London, Ontario, Canada. The parties shall attorn to the non-exclusive jurisdiction of the courts of Ontario.
Except if and to the extent not permitted by applicable law, or in the case of legal proceedings requiring injunctive or other mandatory or equitable relief, or the enforcement of arbitration rights or any arbitrator’s award hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration pursuant to the Arbitration Act, 1991 (Ontario), as amended or replaced from time to time. There shall be one arbitrator chosen by mutual agreement of the parties, or by order of the Superior Court of Ontario on application by either party failing an agreement to appoint an arbitrator. The arbitration shall take place in London, Ontario, Canada, and may be conducted in person, by telephone, or online. The arbitrator shall apply the laws of the Province of Ontario, Canada, to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
In the event any party (you or us) shall commence any arbitration or other legal proceeding to interpret and/or enforce this agreement or issues relating thereto (including, without limitation, claimed breaches of the agreement), the prevailing party in any such arbitration or other legal proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal and/or to enforce any arbitration awards or court orders and the fees and other costs of the arbitrator if applicable.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The parties have required that these Terms and Conditions and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.