Welcome to the Instant Essays (owned and operated by Instant Essays, Inc. (hereinafter "Instant Essays")) content management platform -- consisting of web sites, services, software applications and networks -- that allows for the authorized upload, download, purchase, sale, sharing and distribution of written digital content over the internet (the "Instant Essays Platform"). Terms for "Instant Essays" and the "Instant Essays Platform" apply to any site or mobile application owned and operated by Instant Essays, including Instant Essays and the Instant Essays mobile applications.
The Instant Essays Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the Instant Essays Platform by Instant Essays. If you are using or opening an account on the Instant Essays Platform on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. BY USING THE INSTANT ESSAYS PLATFORM, YOU REPRESENT THAT you meet the eligibility requirements in this Section. In any case, you affirm that you are at least 13 years old, as the INSTANT ESSAYS Platform is not intended for children under 13.
2. Privacy; Additional Terms.
3. Individual Features and Services.
When using the Instant Essays Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
Instant Essays reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Instant Essays Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective ten days after they are initially posted on the Instant Essays Platform. We will always make a reasonable effort to notify You if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect authors' and content holders' rights, it is Instant Essays's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). For more information, please go to Instant Essays's DMCA Notification Guidelines. Please note that Instant Essays will promptly terminate without notice any User's access to the Instant Essays Platform if that User is determined by Instant Essays to be a "repeat infringer". A repeat infringer is a User who has been notified by Instant Essays of infringing activity violations more than twice as a result of DMCA takedown notices or other similar copyright notices.
6. Instant Essays Platform License Grant.
6.1 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, Instant Essays hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as Instant Essays may restrict or block at the request of its content providers or on its own initiative.
6.2 Reservation of Rights.
Instant Essays reserves all rights not expressly granted in these Terms.
6.3 Prevention of Unauthorized Use.
Instant Essays reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Instant Essays Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
7. Content Disclaimer.
You understand that when using the Instant Essays Platform You will be exposed to content from a variety of sources, and that Instant Essays is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that You may be exposed to content that is 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 Instant Essays with respect thereto. Instant Essays does not endorse any content or any opinion, recommendation, or advice expressed therein, and Instant Essays expressly disclaims any and all liability in connection with content. If notified by a User or a content owner of content that allegedly does not conform to these Terms, Instant Essays may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. For clarity, Instant Essays does not permit copyright infringing activities on the Instant Essays Platform.
8. Prohibited Conduct.
BY USING THE INSTANT ESSAYS PLATFORM YOU AGREE NOT TO:
8.1 use the Instant Essays Platform for any purposes other than to receive original or appropriately licensed content, to add User Comments, and/or to access the Instant Essays Platform as such services are offered by Instant Essays;
8.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Comments, or other content;
8.4 post, upload, or distribute any User Comments or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Instant Essays Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Instant Essays Platform, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights notices on the Instant Essays Platform or associated with any content available via the Instant Essays Platform;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Instant Essays Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the Instant Essays Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the Instant Essays Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 use the Instant Essays Platform if You are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with DRM and other security-related features of the Instant Essays Platform features that prevent or restrict use or copying, printing, or sharing of any content accessible through the Instant Essays Platform, or features that enforce limitations on the use of the Instant Essays Platform or any content available via the Instant Essays Platform;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Instant Essays Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the Instant Essays Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the Instant Essays Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.15 relay email from a third party's mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access the Instant Essays Platform for any purpose or bypass any measures Instant Essays may use to prevent or restrict access to the Instant Essays Platform;
8.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Instant Essays Platform;
8.18 interfere with or disrupt the Instant Essays Platform or servers or networks connected to the Instant Essays Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Instant Essays Platform; or
8.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other content that in Instant Essays's sole opinion detracts from the Instant Essays experience.
When You use the Instant Essays Platform to print content, download content, or otherwise access content or use any products, services, or otherwise access information from Instant Essays, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to Instant Essays on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Instant Essays. You may be liable for the losses incurred by Instant Essays or others due to any unauthorized use of Your Instant Essays Platform account.
10. Third-Party Sites, Products and Services; Links.
The Instant Essays Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Unless otherwise expressly stated by Instant Essays, Instant Essays does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Instant Essays Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
11.1 Instant Essays.
You agree that Instant Essays, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Instant Essays or Your use of the Instant Essays Platform and remove and discard all or any part of Your account, User profile, and any content, at any time. Instant Essays may also in its sole discretion and at any time discontinue providing access to the Instant Essays Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Instant Essays Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Instant Essays will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Instant Essays may have at law or in equity. Notwithstanding the foregoing, if you have a Instant Essays Paid Access account, the terms on which your account may be terminated will be set forth in the Paid Access End User License Agreement.
Your only remedy with respect to any dissatisfaction with (i) the Instant Essays Platform, (ii) any term of these Terms, (iii) any policy or practice of Instant Essays in operating the Instant Essays Platform, or (iv) any content or information transmitted through the Instant Essays Platform, is to close Your account and stop using Instant Essays. You may terminate these Terms at any time by discontinuing use of Instant Essays.
12. Ownership; Proprietary Rights.
The Instant Essays Platform is owned and operated by Instant Essays. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, services, and all other elements of the Instant Essays Platform provided by Instant Essays (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Instant Essays acknowledges that You retain ownership of any User Comments you may post via Instant Essays, subject however to Your grant to Instant Essays of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of the Instant Essays Platform. All Materials contained on the Instant Essays Platform are the property of Instant Essays or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Instant Essays or its affiliates and/or third-party licensors. Except as expressly authorized by Instant Essays, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Instant Essays Platform. Instant Essays reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold Instant Essays, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Instant Essays Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Instant Essays reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Instant Essays, and You agree to cooperate with Instant Essays's defense of these claims. Instant Essays will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INSTANT ESSAYS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSTANT ESSAYS OR THROUGH THE INSTANT ESSAYS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM INSTANT ESSAYS INCLUDES Instant Essays'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL INSTANT ESSAYS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON THE INSTANT ESSAYS PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH INSTANT ESSAYS, EVEN IF INSTANT ESSAYS OR AN INSTANT ESSAYS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF INSTANT ESSAYS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE INSTANT ESSAYS PLATFORM OR YOUR INTERACTION WITH OTHER INSTANT ESSAYS PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE INSTANT ESSAYS PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN INSTANT ESSAYS AND RECEIVED THROUGH OR ADVERTISED ON THE INSTANT ESSAYS PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT INSTANT ESSAYS HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND INSTANT ESSAYS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND INSTANT ESSAYS. INSTANT ESSAYS WOULD NOT BE ABLE TO PROVIDE THE INSTANT ESSAYS PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
Instant Essays may provide You with notices, including those regarding changes to Instant Essays's terms and conditions, by email, regular mail, or postings on the Instant Essays Platform. Notice will be deemed given twenty-four hours after email is sent, unless Instant Essays is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Instant Essays Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Instant Essays Platform is deemed given ten days following the initial posting.
The failure of Instant Essays to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Instant Essays.
16.3 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or Instant Essays will be filed only in the state or federal courts in and for Santa Clara County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Instant Essays without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-16.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
16.9 Entire Agreement.
These Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and Instant Essays relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Instant Essays as set forth in section 4 above.
YOU AND INSTANT ESSAYS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INSTANT ESSAYS PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by Instant Essays. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information.
17 Gift Subscriptions.
Please refer to the Instant Essays Gift Subscription Terms and Conditions.