300Editors Inc. (“300 Editors”, “Company”, “we”, “us” and terms of similar meaning) provides this web site and the services provided by or through this website to you subject to these terms and conditions of use (these “Terms”).
In these terms we call this website, any successor websites (together, the “Site”) and we call all the software we provide including Google Addons the “Application”. We refer to the services provided by the Application as the “Services”. The Application and Services includes the 300 Editors Application Programmer Interface (the “API”), your use of the API, and the use of the API by third parties authorized through your 300 Editors or Google account to access, change, delete or add to your User Content (as defined below) through the API.
Please read these Terms carefully before using the Services. By accessing the Application or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
The Services are not intended to be used by children. You must be at least of the age of majority in your location to use the Services.
In these Terms, our customers and their team members to whom they give access to their 300 Editors or Google account are called “Subscribers”, and our customers’ customers who use the Services are called “Customers”. In these Terms users of the Services, whether they are Subscribers, Customers, people who post comments on our blog, or casual browsers of the Site, are called “Users”.
300 Editors reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and at its sole discretion. If you do not agree with the changes, you can cancel your account with us without further obligation, except for any amount due for the balance of the billing period in which you cancel your account.
Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please contact our support department.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.
1. Registration Data; Account Security
If you register for an account on the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and your API key; (c) maintain and promptly update the Registration Data, and any other information you provide to 300 Editors, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to 300 Editors. You are responsible for all activity on your 300 Editors account, and for all charges incurred by your use of the Application and/or Services.
2. Fees; Charges; Taxes
Fees and any other charges for access to the Application are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued access to the Application, as the case may be, after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
3. Ownership, Copyright and Trademarks
In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Subscribers, Customers or other Users, is called “User Content”. For example, documents that a Subscriber shares with the Application about its Customers is User Content of that Subscriber, data about its payments that a Customer provides to the Application is User Content of that Customer, and Content that a User enters into the 300 Editors forum or enters as a comment on the 300 Editors blog is User Content of the User.
User Content is the Subscriber’s property. 300 Editors’ only right to User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 17 of these Terms.
Other than the User Content, the Services, all Content and all software available on the Services or used to create and operate the Services is the property of 300 Editors or its licensors, and is protected by US and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by 300 Editors.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, including through the API, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.
5. Your Limited License of Your User Content to 300 Editors
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. Once you subcontract one of our editors, your content is shared with that person. We require our editors to do not disclose the content they are to proofread but can’t guarantee that the content is not going to be shared due to human error.
Therefore, by posting or distributing User Content to or through the Services, you (a) grant 300 Editors and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in Section 5 of these Terms.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.
6. Our Limited License of Content to You
300 Editors grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by 300 Editors at any time.
You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact 300 Editors at the address set out at the bottom of these Terms.
7. Using the 300 Editors API
This Section contains terms and conditions applicable to your use of the 300 Editors API, whether you are a Subscriber or other User, including a developer or operator of a website or application (such a website or application, a “300 Editors API Implementation”, and the developer or operator, an “API Developer”) who wishes to use the 300 Editors API for the purpose of including Content in your 300 Editors API Implementation. If you are a Subscriber and you procure a third-party to develop a 300 Editors API Implementation for you, this Section applies to your and their use of the 300 Editors API, and you are responsible for their compliance with this Section to the same extent as though you were developing the 300 Editors API Implementation yourself.
If you are an API Developer and not otherwise a User, your use of the 300 Editors API constitutes your agreement to these Terms. We may change these Terms without notice to you by posting new Terms on the Site. It is your responsibility to review the Site for changes to the Terms. If you use the Services after new Terms are posted, your use of the Services constitutes your agreement to the new Terms. If you do not wish to be bound by the new Terms, you must immediately cease your use of the Services.
If you are an API Developer and not otherwise a Subscriber or other User of the Services, the license set forth in this Section applies to your use of the 300 Editors API, and the license set forth in Section 6 does not apply to your use of the 300 Editors API. If you are also a Subscriber or other User, the license set forth in Section 6 applies to your use of Content other than the 300 Editors API, and this Section applies to your use of the 300 Editors API.
Your use of the 300 Editors API is also subject to the following restrictions. You may not:
- Interfere or attempt to interfere in any manner with the proper workings of the 300 Editors API, or create or distribute any 300 Editors API Implementation that adversely affects the functionality or performance of the Services or adversely impacts the behavior of other applications using the 300 Editors API;
- Misrepresent your identity or intentions when communicating with us in relation to the 300 Editors API, use the developer credentials licensed to a different individual or entity, allow your credentials to be used by others, or mask your usage of the 300 Editors API;
- Use the 300 Editors API in association with, or as a component of, any website that in the sole discretion of 300 Editors is determined to be obscene or otherwise inappropriate;
- Use the 300 Editors API for any application that constitutes, promotes or is used in connection with malware, spyware, adware, other malicious programs or code;
- Use the 300 Editors API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality;
- Replicate, in whole or in part, the “look and feel” of 300 Editors with your 300 Editors API Implementation;
- Include in your 300 Editors API Implementation a combination of visual, design, or functional elements that could reasonably be expected to cause confusion between 300 Editors and your 300 Editors API Implementation among users;
- Disparage or otherwise negatively represent 300 Editors in your 300 Editors API Implementation;
- Use the 300 Editors API for any application that attempts to replace or replicate the essential user experience or functionality of the Service;
- Reverse engineer, decompile or otherwise attempt to extract the source code of the Application or the Services or any part thereof;
- Circumvent or render ineffective any IP address-based functionality or restriction imposed by the Services;
- Circumvent technological measures to prevent direct database access, nor manufacture tools or products to that effect;
- Build conversion functionality that converts Content from the Service to a competing product or service; or at any time you are operating your 300 Editors API Implementation, solicit, interfere with or endeavour to entice away from us any of our Subscribers.
You agree to carefully monitor your use of the 300 Editors API and ensure that it remains within reasonable operational limits for both your own server capacity and for ours. You acknowledge and agree that we may impose or adjust the limit on the number of transactions you may send or receive through the Service; we may set such fixed upper limits at any time, at our discretion.
300 Editors has no responsibility to any person for any use or misuse of any Content obtained through the 300 Editors API. If you are a Subscriber, you should consider carefully whether you wish to give an API Developer access to your Content through the 300 Editors API. If you wish to revoke access to your Content through the 300 Editors API, you should change your 300 Editors API key or revoke authorization of the 300 Editors API Implementation to your Content. Please contact our support department if you want assistance doing this.
8. Use of Interactive Areas and the Services
The Services may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If 300 Editors provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of 300 Editors, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose 300 Editors or its affiliates or its users to any harm or liability of any type.
- Finally, 300 Editors has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services and of your ability to access the Application.
9. Providing a Reliable and Secure Service
If you have spent any time reviewing the Services, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Site.
For example, to safeguard credit card information, 300 Editors encrypts all stored credit card numbers, uses restrictive firewalls to protect stored data and uses 256 bit SSL certificates to encrypt data transferred between you and the Services.
However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use 300 Editors, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
Finally, 300 Editors provides the 300 Editors API to facilitate the use of the Services with other services on the Internet. If a third party is authorized through your 300 Editors account to have access to your User Content through the 300 Editors API, we cannot control and are not responsible or liable for the third party’s use of your User Content.
10. Funds and refunds
300Editors does not offer any refunds if you haven’t used 300Editors’ services after purchasing a package. 300Editors will only offer to refund jobs that have been processed on 300Editors, and only to your 300Editors account.
An order may be canceled due to the following reasons: cheating with word count, abuse, access issues, or receiving a document not in English. Credits will be refunded to a customer’s account if the order is canceled.
Customers are not allowed to make any changes to the document after an editor has been hired; otherwise, the order will be canceled.
Customers word balance will be valid as long as the customer has an active editing monthly subscription of any type or plan. If the customer cancels their editing subscription they will have 14 days to use the remaining word balance or it will be deleted.
11. No Responsibility for Third-Party Material
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information, payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use links to Third-Party Sites and any Third-Party Content or service provided there, at your own risk.
300 Editors makes no claim or representation regarding Third-Party Content or Third-Party Sites, and provides them or links to them only as a convenience. Inclusion in the Services of a link to a Third-Party Site or Third-Party Content does not imply 300 Editors’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. 300 Editors accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
12. Advertisements and Promotions
300 Editors may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than 300 Editors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. 300 Editors is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
13. Warranty Disclaimer
The Site, the Content, the Services are provided to you on an “as is” basis without warranties from 300 Editors of any kind, either express or implied. 300 Editors expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. 300 Editors does not represent or warrant that Site, the Content, or the Services are accurate, complete, reliable, current or error-free.
While 300 Editors attempts to make your access to and use of the Services safe, 300 Editors does not represent or warrant that the Site, the Content, or the Services are free of viruses or other harmful components.
14. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against 300 Editors, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, the Content, or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, or the Services. You use the Site, the Content, and the Services at your own risk.
Without limitation of the foregoing, neither 300 Editors nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Application, the Site, the Content, or the Services, including without limitation any damages caused by or resulting from your reliance on the Site, the Application, the Content, or the Services or other information obtained from 300 Editors or any other Released Party or accessible via the Site, the Application, the Content, or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to 300 Editors or any other Released Party’s records, programs or services.
In no event shall the aggregate liability of 300 Editors, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Application, the Content, or the Services exceed any compensation paid by you for access to or use of the Site, the Application, the Content, or the Services, as the case may be, during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless 300 Editors and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Application, the Content, and the Services, and if you are a Subscriber, from your Customers’ use of the Services and from the use of the Site, the Application, the Content, and the Services by any person to whom you give access to your account (including as team), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party.
Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Subscribers and Customers in the dashboard area of your account on the Site, or post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
16. Applicable Law
If you choose to access the Services from locations other than California, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify 300 Editors and the other Released Parties for your failure to comply with any such laws.
17. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, 300 Editors reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof and the rights of any third party to which you have granted access to your User Content through the 300 Editors API; (b) block or prevent your future access to and use of all or any portion of the Services or Content and the rights of any third party to which you have granted access to your User Content through the 300 Editors API; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
18. Inactive Accounts; Termination of Agreement
If your account is inactive for at least two months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, contact our support. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate and delete it at any time and without notice. Account deletion is permanent and irrecoverable.
You and 300 Editors may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. When your 300 Editors account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 4, 9, 10, 12, 13, 15, 17, and 18, and any representation or warranty you make in these Terms, shall survive indefinitely.
300 Editors maintains reasonable security measures to protect your information from loss, destruction, misuse, unauthorized access or disclosure. This helps to ensure that your data is safe, secure, and only available to you and to those you provided authorized access.
We will share your personal information with third parties including our subcontractors only in the ways that are described in this privacy statement. We do not and will not sell your personal information to third parties.
Unfortunately no data transmission over the Internet or information storage technology can be guaranteed to be 100% secure due to the nature of the distributed network that is the Internet, and 300 Editors is not liable for any loss or damage resulting from data gathered by unauthorized access to our Services from hacking, social engineering, or otherwise circumventing our security measures.
Your content is shared with our subcontractors (editors) to be proofread. It is your responsibility to revoke the access to your documents in Google Docs once the content is proofread. We require all of our editors to keep your content private; however, do not guarantee that the content does not get shared with a third party due to a human error or breach of agreement by one of our subcontractors.
We process all credit card transactions using secure SSL encryption. Leading banks commonly use the same level of encryption. Card information is transmitted, stored, and processed securely on a PCI-Compliant network.
Physical security and data protection.
300 Editors is hosted on secured cloud infrastructure provided by Rackspace Inc. Rackspace is the worlds leader in hosting with 100% Network Uptime Guarantee and 24/7/365 support. Rackspace hosting is SAS 70 approved. All client and accounts data is written to multiple disks instantly, backed up daily, and stored in multiple locations. 300 Editors, Inc. does not offer service level guarantees for its services, however.
Our software infrastructure is updated regularly with the latest security patches. While perfect security is a moving target, we work with security researchers to keep up with the state-of-the-art in web security.
As you browse 300editors.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with 300 Editors’s website. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit this page (http://www.adroll.com/about/privacy) to opt out of AdRoll and their partners’ targeted advertising.
Legal Requests; Emergencies.
300 Editors may disclose your personal information in circumstances described below:
- To any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations)
- In response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding
- As otherwise required under any applicable law, rule, or regulation
- In good faith, to protect or defend the rights or property of 300 Editors and other users.
Notification of Privacy Statement Changes
We may update this privacy statement to reflect changes to our information practices. We encourage you to periodically review this page for the latest information on our privacy practices or follow us on twitter for the latest updates.
It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please contact our support department here support (at) 300editors.com