Also see our Content Guidelines
1. ACCEPTANCE OF TERMS
A. By using and/or visiting this website (collectively, including all content available through the CherryQuill.com domain name and any country-specific
domains or subdomains thereof, the "CherryQuill.com Website", or "Website", or mobile applications accessing CherryQuill.com), you signify your agreement
to (1) these terms and conditions (the "Terms of Service"), (2) CherryQuill.com's privacy notice, found at http://www.cherryquill.com/privacy and
incorporated here by reference, and (3) CherryQuill.com's Community Guidelines, found at http://www.cherryquill.com/terms.html#content and also incorporated here
by reference ("Agreement"). If you do not agree to any of these terms, the CherryQuill.com privacy notice, or the Community Guidelines, please do not use
the CherryQuill.com Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version
(http://www.cherryquill.com/terms.html#tnc). CherryQuill.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time,
and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the CherryQuill.com Website, including users who are also contributors of text content, information, and
other materials or services on the Website.
B. The CherryQuill.com Website may contain links to third party websites that are not owned or controlled by CherryQuill.com. CherryQuill.com has no
control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CherryQuill.com will
not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CherryQuill.com from any and all liability
arising from your use of any third-party website.
A. In order to access some features of the Website, you will have to create a CherryQuill.com 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 that occurs on your
account, and you must keep your account password secure. You must notify CherryQuill.com immediately of any breach of security or unauthorized use of your
B. Although CherryQuill.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of
CherryQuill.com or others due to such unauthorized use.
C. You will not create an account if you are under 13 years of age.
D. You will not use CherryQuill if you are a convicted sex offender.
E. You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate account termination.
F. The administration of the site reserves the right to terminate any account without notice.
4. GENERAL USE OF THE WEBSITE
CherryQuill.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without
CherryQuill.com's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or CherryQuill.com Content through any technology or means other than the Website itself.
D. You agree not to use the Website for any commercial use, without the prior written authorization of CherryQuill.com. Prohibited commercial uses include
any of the following actions taken without CherryQuill.com's express approval:
* sale of access to the Website or its related services on another website;
* use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the CherryQuill.com website or any third-party website, targeted to the content of specific User Submissions or
* and any use of the Website or its related services that CherryQuill.com finds, in its sole discretion, to use CherryQuill.com's resources or User
Submissions with the effect of competing with or displacing the market for CherryQuill.com, CherryQuill.com content, or its User Submissions.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website
in a manner that sends more request messages to the CherryQuill.com servers in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the foregoing, CherryQuill.com grants the operators of public search engines permission
to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials. CherryQuill.com reserves the right to revoke these exceptions either 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 by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User Submissions.
F. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, CherryQuill.com Community Guidelines, and
all applicable local, national, and international laws and regulations.
G. CherryQuill.com reserves the right to discontinue any aspect of the CherryQuill.com Website at any time.
5. USE OF CONTENT ON THE SITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the CherryQuill.com
A. The content on the CherryQuill.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to CherryQuill.com, subject to copyright and other intellectual property rights under the law. Content on the Website
is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. CherryQuill.com reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
* for your information and personal use;
* as intended through the normal functionality of the CherryQuill.com Service;
C. You may access CherryQuill.com Content, User Submissions and other content only as permitted under this Agreement. CherryQuill.com reserves all rights
not expressly granted in and to the CherryQuill.com Content and the CherryQuill.com Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the CherryQuill.com Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the CherryQuill.com Website or the Content therein.
F. You understand that when using the CherryQuill.com Website, you will be exposed to User Submissions from a variety of sources, and that CherryQuill.com
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, and you agree to waive, and hereby
do waive, any legal or equitable rights or remedies you have or may have against CherryQuill.com with respect thereto, and agree to indemnify and hold
CherryQuill.com, 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.
6. USER SUBMISSIONS AND CONDUCT
A. As a CherryQuill.com account holder you may submit textual, audio, visual, or audiovisual content including but not limited to stories, poetry, polls,
profile images, forum messages or instant messages. User submitted content are collectively referred to as "User Submissions." You understand that whether
or not such User Submissions are published, CherryQuill.com does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize CherryQuill.com
to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to
collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the
User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to CherryQuill.com, you hereby
grant CherryQuill.com a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User
Submissions in connection with the CherryQuill.com Website. You also hereby grant each user of the CherryQuill.com Website a non-exclusive license to
access your User Submissions through the Website. You understand and agree, however, that CherryQuill.com may retain, but not display, distribute, or
perform, server copies of User Submissions that have been removed or deleted.
D. In connection with User Submissions, you further agree that you will not 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 and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material
and to grant CherryQuill.com all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the CherryQuill.com Community Guidelines,
found at http://www.CherryQuill.com/terms.html#content, which may be updated from time to time, or contrary to applicable local, national, and international laws
F. CherryQuill.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CherryQuill.com expressly
disclaims any and all liability in connection with User Submissions. CherryQuill.com does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and CherryQuill.com will remove all Content and User Submissions if properly notified that such Content or
User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. CherryQuill.com reserves the right
to remove Content and User Submissions without prior notice.
7. ACCOUNT TERMINATION POLICY
A. CherryQuill.com will terminate a User's access to its Website if, under appropriate circumstances, the User is determined to be an infringer.
B. CherryQuill.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations
other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive
length. CherryQuill.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of
Service at any time, without prior notice and at its sole discretion.
8. COPYRIGHT POLICY
As part of CherryQuill.com',s copyright policy, CherryQuill.com may terminate user access to the Website if a user has been determined to be an infringer.
To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this
1. Include a statement telling us that you have found a content on CherryQuill.com which you believe infringes your copyright (for example, "I hereby
confirm that I believe the story identified below infringes my copyright").
2. Tell us which country your copyright applies to.
3. Tell us the title of the content concerned and the full URL for its page.
4. Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire story is a copy of an original work made by you,
5. Identify the type (e.g. a book, a short story, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the
rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
6. Let us have contact information so that we can get in touch with you (email address is preferred).
7. Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve
your complaint directly (email address is preferred).
8. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner
(or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information
contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with
respect to its use."
9. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
10. Send the notice, in English, to the following address:
Attn: CherryQuill.com Copyright Infringement Notification
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Make sure you know whether the content that you have seen on CherryQuill.com infringes your copyright. Be aware that there may be adverse legal
consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
If you submit a User Submission to the CherryQuill.com Service then you authorize CherryQuill.com to act as your agent to issue take down notices under the
Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows for the submission of requests to Internet service providers
for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or
services. In general you will be responsible for monitoring and enforcing your rights in your User Submissions, however, in certain cases if
CherryQuill.com becomes aware of infringement of User Submissions and/or Content from the CherryQuill.com Service, then CherryQuill.com may in its sole
discretion elect to issue take down notices under the DMCA or similar legislation to attempt to curtail such infringement.
9. WARRANTY AND CONDITION DISCLAIMER
YOU AGREE THAT YOUR USE OF THE CherryQuill.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CherryQuill.COM, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING CherryQuill.COM) DISCLAIM ALL
WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER
ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A
RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE.
CherryQuill.COM MAKES NO WARRANTIES, CONDITIONS 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, PROPERTY,
BODILY, MORAL OR MATERIAL 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 AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CherryQuill.COM WEBSITE. CherryQuill.COM EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF
FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. CherryQuill.COM DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CherryQuill.COM WEBSITE
OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CherryQuill.COM 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 THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF
THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
10. Limitation of Liability
IN NO EVENT SHALL CherryQuill.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR
MATERIAL 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 AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (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 CherryQuill.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW,
STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE
OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT CherryQuill.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CherryQuill.com makes no representations that the CherryQuill.com Website is appropriate
or available for use in their locations. Those who access or use the CherryQuill.com Website do so at their own volition and are responsible for compliance
with local law.
You agree to defend, indemnify and hold harmless CherryQuill.com, its parent corporation, officers, directors, employees and agents, from and against any
and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable
legal fees) arising from: (i) your use of and access to the CherryQuill.com Website; (ii) your violation of any term of these Terms of Service; (iii) your
violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (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
12. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than the age of majority in your jurisdiction of residence, 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 set
forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as the CherryQuill.com
Website is not intended for children under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CherryQuill.com
You agree that: the CherryQuill.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over CherryQuill.com, either
specific or general. These Terms of Service, together with the Privacy Notice at http://www.CherryQuill.com/privacy and any other legal notices published
by CherryQuill.com on the Website, shall constitute the entire agreement between you and CherryQuill.com concerning the CherryQuill.com Website. If any
provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service
shall be deemed a further or continuing waiver of such term or any other term, and CherryQuill.com's failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or provision. CherryQuill.com reserves the right to amend these Terms of Service at any time
and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the CherryQuill.com Website following any
amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND
CherryQuill.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CherryQuill.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.