Hello! You are reading the contract between you and Poeticous. We have tried to be fair and clear. If you have any questions or suggesions, please email us at .

Please, read these Terms of Service and our Privacy Policy (collectively, the "Agreement") before using Poeticous.com (the "Site") or the services and content provided by Poeticous (collectively, the "Services"). The terms "we", "us" and "our" refer to Poeticous, while the terms "you", "Subscriber" and "your" refer to you, as a user of the Site. By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you are not permitted to use the Services.

We reserve the right to modify this Agreement at any time by posting a revised Agreement through the Services and you are responsible for reviewing these modifications. Modifications are effective when posted, and your use of the Services following such posted modification constitutes your acceptance of the Agreement as modified.

No person under the age of thirteen (13) may use the Services or provide any information to Poeticous through the Services (including, for example, a name, address, or email address). You otherwise may only use the Services if you can form a binding contract with Poeticous and are not legally prohibited from using the Services.

The Services change frequently and their form and functionality usually change without prior notice to you. Poeticous retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Poeticous may also impose limits on certain Services or restrict your access to parts or all of the Services without notice or liability. Poeticous may change, suspend, or discontinue any or all of the Services at any time, including the availability of any feature, database, or Content (as defined below). Poeticous may also suspend Accounts (as defined below) at any time, in its sole discretion.

Unless you are a Premium member, you will see advertising material submitted by third parties on the Poeticous Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

As a condition to using certain parts of the Services, you are required to create an account (an "Account") by providing your name, a valid email address, and selecting a password. Your name will serve as a default URL of the form www.poeticous.com/firstname-lastname (a "Poeticous URL").

You should provide Poeticous with accurate and complete registration information, particularly your e-mail address. Failure to do so may result in suspension of your Account.

You agree that you shall not use as a Poeticous URL a name of another person with the intent to impersonate that person or with the intent to otherwise cause confusion as to the origin of your Account. Poeticous reserves the right to refuse registration of, cancel, or modify a Poeticous URL in its sole discretion.

You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Poeticous immediately of any actual or suspected loss or unauthorized use of your Account.

Any information you provide to us is subject to Poeticous' Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of this information, as set forth in the Privacy Policy.

For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, written posts, video, audio, photographs, images, illustrations, animations, logos, tools, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" is all Content that is posted or otherwise provided or transferred to the Services by a Subscriber (including, without limitation, by you); and Content also includes, without limitation, all Subscriber Content.

Subscribers retain ownership of all intellectual property rights in their Subscriber Content, and Poeticous and/or third parties retain ownership of all intellectual property rights in all Content other than Subscriber Content. In other words, you retain ownership of any intellectual property you post to Poeticous. You also agree that you will respect the intellectual property rights of others, and that you have all of the necessary rights for all Subscriber Content you submit to the Services.

As a Subscriber of the Services, Poeticous grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in accordance with the functionality and restrictions of, the Services.

You agree that you will not post Subscriber Content that violates Poeticous' Community Guidelines.

On termination of your Account or upon your deletion of particular pieces of Subscriber Content from the Services, Poeticous shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) caching of, copies of, or references to the Subscriber Content may not be immediately removed; and (b) such removed Subscriber Content may persist in backups for a reasonable period of time.

Your use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, POETICOUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Poeticous makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Poeticous also makes no representations or warranties of any kind with respect to Content; Particularly, Subscriber Content is solely the responsibility of the Subscribers providing that Content. No advice or information obtained from Poeticous or through the Services will create any warranty not expressly made herein.

To the fullest extent permitted by law, you release Poeticous and its creators from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising in any way connected with the following:

-) Disputes between Subscribers, including those between you and other Subscribers.

-) Third party sites and services, including content found on such sites and services.

-) Disputes concerning any use of or action taken using your Account by you or a third party.

-) Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POETICOUS AND ITS CREATORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT POETICOUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

You and Poeticous agree that we will resolve any claim or controversy at law that arises out of this Agreement or the Services in accordance with this Section or as you and Poeticous otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.