This Agreement forms a legally binding agreement between Member and Tecassia Publishing and governs the Member’s access and use of the Tecassia’s website and any services thereon (collectively the “Membership Services”). Hereinafter “you” or any third-party pronouns will refer to Member.
If you have any questions, please don’t hesitate to contact us via email.
The Membership Services specifically provided by Tecassia Publishing are as follows:
Membership to Tecassia’s Writing Circle – an online Facebook community to support writers through the writing and publishing process.
FREE Ebook guides including 5 Step Guide to Self Publishing and Write a Book to Build Your Brand
FREE access to our ‘Finding Your Subject’ course
Up to 2 x 10 minute accountability calls every month
In depth live topics every month
15% discount on self publishing services and workshops
Ongoing email support and advice
Publishing insights and collaborative opportunities
Writing prompts and accountability
Book review monthly prize draw
Tecassia Publishing hereby expressly disclaims any and all responsibility for the actions, interactions, conduct, communications or other relationships of any Members through the Membership Services or otherwise. Tecassia Publishing makes no warranties, representations, guarantees, or other promises or covenants with regard to any Member or their conduct.
Member hereby acknowledges and agrees that Tecassia Publishing is not responsible or liable in any way for Member’s interactions with others and that Member’s actions and interactions are Member’s sole and exclusive responsibility.
Member may be asked to register to use the Membership Services. Member will choose a unique identifier and password. Member is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Member may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information, or using the Membership Services further fraud or unlawful activity is grounds for immediate termination of this Agreement. By registering you accept that you may receive emails regarding new content/challenges/workshops and other updates – you can unsubscribe at any time.
Member agrees not to use the Membership Services for any unlawful purpose or any purpose prohibited under this clause. Member agrees not to undertake any action which may damage the Tecassia Publishing in any way.
Member further agrees not to use the Tecassia Publishing or Membership Services:
a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of the Tecassia Publishing or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
h) To unlawfully gather information about others.
Member agrees to pay Tecassia Publishing membership fees (“Fees”) at the execution of this Agreement and as the Tecassia Publishing requires thereafter. Member will be shown the specific Fees applicable to the Membership Services at the time of execution and will pay such Fees through Tecassia Publishing’s online payment system. Fees are payable as described therein.
Member hereby releases Tecassia Publishing, as well as any of Tecassia Publishings affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Member’s dispute with any other Member.
This Membership Agreement shall continue until terminated by either Party. In order for Member to cancel, a written notice must be provided to Tecassia Publishing, the following amount of days before Member’s following billing cycle: 30.
This Agreement may also be immediately terminated in the event that there is a breach of the terms of this Agreement by either Party. This Agreement will also immediately terminate upon the death of the Member, the inability of the Member to pay the Fees required, the liquidation, dissolution or discontinuance of the Tecassia Publishing by the Tecassia Publishing in any manner, or the filing of any petition by or against the Tecassia Publishing under federal or state bankruptcy or insolvency laws.
Member acknowledges and agrees that the Tecassia Publishing’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Tecassia Publishing or its affiliates, licensors, or suppliers.
Member acknowledges and agrees that the source and object code of certain Membership Services and the format, directories, queries, algorithms, structure, and Tecassia Publishing of the same are the intellectual property, proprietary, and confidential information of Tecassia Publishing and its affiliates, licensors, and suppliers.
Member expressly agrees not to do anything inconsistent with Tecassia Publishing’s ownership of all of the intellectual property discussed herein. Member further agrees that there are no rights, title, or interest in or to any Membership Services, except as stated in this Agreement. In addition, except as expressly set forth in this Agreement, Member is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Tecassia Publishing or any third party.
For any Membership Services which enable Member to use any software, content, equipment or other physical or non physical materials owned or licensed by Tecassia Publishing, Tecassia Publishing grants Member a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Membership Services, and any related software, content, equipment or other materials FOR PERSONAL, NON-COMMERCIAL USE ONLY.
Member is prohibited from selling, reselling, or making commercial use of the Membership Services, unless Member has specifically an executed agreement with Tecassia Publishing that expressly allows for such activity.
Certain Memberships Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services”). Tecassia Publishing does not control any Third-Party Services. The Tecassia Publishing makes no claim or representation regarding the third-party services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services. There is no implied affiliation, endorsement, or adoption by the Tecassia Publishing of these Third-Party Services and Tecassia Publishing shall not be responsible for any content provided on or through these Third-Party Services.
Member agrees and verifies that all of the information they have given the Tecassia Publishing and its representatives is accurate, up to date, and without the omission of any requested information. Member agrees and verifies that even if they have omitted any necessary personal information, whether knowingly or unknowingly, they will hold the Tecassia Publishing harmless against all liability for any damages that may occur to Member or others because of Member’s actions or inactions. Member agrees to notify the Tecassia Publishing Membership Group of any changes or upcoming changes concerning their personal information.
Member agrees and understands that their participation in the Membership Services may involve risks. These risks may lead to tangible or intangible harm, and Member agrees that these risks may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, Member chooses, of their own will and volition, to continue participating in the Membership Services.
Member agrees to defend and indemnify Tecassia Publishing and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Member’s use or misuse of the activities, Member’s breach of this Agreement, or Member’s conduct or actions. Member agrees that Tecassia Publishing shall be able to select its own legal counsel and may participate in its own defence, if so desired.
Member agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement. If under the age of 18, Member agrees and can provide upon request, written consent from a parent or guardian.
You agree that all refunds are at the sole discretion of Tecassia Publishing. Tecassia Publishing has no obligation to refund amounts paid to access Membership Services, including but not limited to if Tecassia Publishing finds that any of the services has been downloaded by the User. You agree to Tecassia Publishing’s full Refund & Exchange Policy, which we may modify from time to time in our sole discretion.
16.1. In the event Tecassia Publishing makes an exception and issues a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant product files from any and all places you have distributed the files to and all computers you have downloaded them to, including but not limited to any Dropbox or Google Drive accounts which you have synced with your Tecassia Publishing account.
16.2. You also understand and agree that once a refund is requested, you are not permitted to exploit the membership service files (Assets) in question, and immediately upon receipt of a refund, all licenses to such product files and underlying content are revoked, and you are not authorised to use the product in any form or for any purpose whatsoever.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
This Agreement constitutes the entire understanding between the Member and the Tecassia Publishing with respect to any and all use of the Membership Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties’ relationship.
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.
Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Alabama. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Tecassia Publishing will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
This Agreement shall be governed by and construed in accordance with the internal laws of the United Kingdom without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following country: United Kingdom.
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other, personal delivery, nationally recognised overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this section.
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.