Standard Prize Writing Content License

These terms cover purchases of content on the Prize Writing website under the standard license agreement. For other licensing options, please contact us.

By purchasing a standard license for any Prize Writing content, or by downloading any free samples of Prize Writing content, you agree to be bound by the terms of this agreement.

1. Grant of License. The only right granted to you is the right to use the Product in accordance with this Agreement. All rights not expressly granted to you in this Agreement are specifically reserved to Prize Writing. Use of the Product in a manner not specifically authorized by this Agreement constitutes an infringement of our proprietary rights and will subject you to infringement damages.

License Terms. Subject to your compliance with the terms of this Agreement, Prize Writing grants to you and your employer, if you are licensing on behalf of your employer, a non-exclusive, non-sublicensable, non-assignable, non-transferable right to use the content, including articles, tips, images, illustrations, puzzles, games or any other content you have selected (the "Product") in the following items:

a. Newsletters (print, email or web)
b. Magazines, Newspapers, Custom Publications (print or digital)
c. Websites
d. Speeches, Podcasts, Blogs

2. Limitations on Rights. Use of a Product in a manner not specifically authorized by this Agreement constitutes an infringement of our proprietary rights and will subject you to infringement damages.

a. General Limitations. This license does not include the right to use the Product: in any type of product or publication that is offered for sale to others; in any type of template or other resell product; in any publication, website or product that is owned, produced or operated by another individual or organization. Furthermore, you are strictly prohibited from using any Product to create or support pornographic, libelous, obscene or defamatory materials. Among the materials prohibited: those that promote bigotry, prejudice, racism, or hatred; those promoting illegal activities, including drug use or violence. In addition, you may not, under any circumstances, add a byline or author's name to the Product or claim to have written or developed any Prize Writing content.

b. Website Use Limitations. If you are licensing the Product for website use, the website you are using the Product on must not contain: gambling-related content, hacking content, tobacco or tobacco-related products, term papers or student essays, or any other types of content that infringes on the legal rights of others. In addition, the Product cannot be used on websites that contain little or no original content--including, but not limited to, scraped content, auto-generated content, doorway sites, parked domains, ad-only sites, sites with landing pages containing only a login or registration form, affiliate-only sites and sites that have URLs that are misspellings of legitimate sites, or any other misrepresentation of purpose.

3. Copyright. No ownership or copyright in any Product, or in any type of content contained in any Product, shall pass to you with respect to the Product. You must provide copyright protection for any Product you download from this website. Use of any Product or portion thereof in any way not expressly authorized by this Agreement is a violation of federal copyright law.

4. Warranty and Limitation of Liability. Prize Writing makes no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Prize Writing nor any third party partners shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, lost profits or other damages arising out of this license or otherwise. If Prize Writing is liable to you or your employer for any reason, then Prize Writing's liability to you shall be limited to the sum invoiced and paid by you for that specific content. Prize Writing gives no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs, elements or works of art depicted or contained in any Product, and you must satisfy yourself that all the necessary rights or consents, as may be required for your use of Products, are obtained.

5. Payment. No use of a Product can occur until full payment has been made. Any use of a Product by you prior to payment constitutes an infringement of Prize Writing's and any Third Party proprietary rights and a breach of this Agreement, which entitles Prize Writing to rescind this Agreement and seek damages from you and your employer, as applicable.

6. Unauthorized Use of Products. You agree to indemnify and hold Prize Writing, its third party Prize Writing, and their respective directors, officers, affiliates and representatives harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from the unauthorized use of any Product or portion thereof supplied to you by Prize Writing, or for your breach of any of the terms of this Agreement.

7. Survival. The provisions of Sections 3 and 4 of this Agreement, and such other provisions, which by their nature continue after termination, shall survive termination of this Agreement.

8. Miscellaneous Terms. No variation of any of the terms in this Agreement shall be effective unless agreed in writing by Prize Writing and you. No part of the content of Prize Writing's website, product catalogs or other marketing or advertising materials form a part of this Agreement. No action of Prize Writing, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. This Agreement, its validity and effect shall be interpreted under and governed by the laws of the State of California. Venue for all disputes arising under this Agreement shall lie exclusively in the state and federal courts in Sacramento County, California, and each party agrees not to contest the jurisdiction of these courts.

Last updated: July 27, 2008

Prize Writing, 3530 D Street, Sacramento, CA 95816 - PH: 916-669-8798

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