Terms of Service Agreement
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 09/03/2024.
Acceptance of Terms
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Ashley Willingham | Clean Romantasy Author, also known as Ashley Willingham, located at P.O. Box 264, Searcy, Arkansas 72143 and our subsidiaries and affiliates, in association with the use of the Ashley Willingham website, which includes https://mrsashleywillingham.com, (the “Site”) and its Services, which shall be defined below.
Description of Website Services Offered
The Site is a blog which has the following description:
Ashley Willingham | Clean Romantasy Author is a blog dedicated to promoting the novels and other creative works of Ashley Willingham, an author focusing on writing clean fantasy romance. This website’s primary purpose is to entertain.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.”
Registration
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Ashley Willingham’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Ashley Willingham may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Ashley Willingham and sign in to our Services, you are no longer anonymous to us.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Ashley Willingham | Clean Romantasy Author will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Ashley Willingham | Clean Romantasy Author Services, or any portion thereof.
Privacy Policy
Every member’s registration data and various other personal information are strictly protected by the Ashley Willingham | Clean Romantasy Author Online Privacy Policy (see the full Privacy Policy here). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Ashley Willingham | Clean Romantasy Author and/or our subsidiaries and affiliates.
Member Account, Username, Password and Security
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Ashley Willingham | Clean Romantasy Author immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Ashley Willingham | Clean Romantasy Author shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
Contributions to Company Website
Ashley Willingham | Clean Romantasy Author provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Ashley Willingham shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) Ashley Willingham shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Ashley
Willingham; and
e) Ashley Willingham is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
Commercial Reuse of Services
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Ashley Willingham’s sites.
Modifications
Ashley Willingham | Clean Romantasy Author shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Termination
As a member of https://mrsashleywillingham.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to ashley@mrsashleywillingham.com. As a member, you agree that Ashley Willingham | Clean Romantasy Author may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services.
Discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) and/or any engagement by you in any fraudulent or illegal activities; and/or
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with https://mrsashleywillingham.com shall include any and/ or all of the following:
a) the removal of any access to all or part of the Services offered within https://mrsashleywillingham.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Advertisers
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Ashley Willingham | Clean Romantasy Author shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Links
Either Ashley Willingham | Clean Romantasy Author or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Ashley Willingham | Clean Romantasy Author shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
Proprietary Rights
You do hereby acknowledge and agree that Ashley Willingham | Clean Romantasy Author’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Ashley Willingham | Clean Romantasy Author or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Ashley Willingham | Clean Romantasy Author Services (e.g. Content or Software), in whole or part.
Ashley Willingham | Clean Romantasy Author herein has granted you personal, nontransferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Ashley Willingham | Clean Romantasy Author for use in accessing our Services.
Warranty Disclaimers
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF ASHLEY WILLINGHAM | CLEAN ROMANTASY AUTHOR SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. ASHLEY WILLINGHAM | CLEAN ROMANTASY AUTHOR AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b) ASHLEY WILLINGHAM | CLEAN ROMANTASY AUTHOR AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) ASHLEY WILLINGHAM | CLEAN ROMANTASY AUTHOR SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ASHLEY WILLINGHAM | CLEAN ROMANTASY AUTHOR SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ASHLEY WILLINGHAM | CLEAN ROMANTASY AUTHOR SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ASHLEY WILLINGHAM | CLEAN ROMANTASY AUTHOR SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ASHLEY WILLINGHAM | CLEAN ROMANTASY AUTHOR OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Limitation of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ASHLEY WILLINGHAM | CLEAN ROMANTASY AUTHOR AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID
DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Release
In the event you have a dispute, you agree to release Ashley Willingham | Clean Romantasy Author (and its officers, directors, employees, agents, parent subsidiaries, affiliates, cobranders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Exclusion and Limitations
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION
OF LIABILITY MAY NOT APPLY TO YOU.
Third Party Beneficiaries
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Notice
Ashley Willingham | Clean Romantasy Author may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your
acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
Trademark Information
You herein acknowledge, understand and agree that all of the Ashley Willingham | Clean Romantasy Author trademarks, copyright, trade name, service marks, and other Ashley Willingham | Clean Romantasy Author logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Ashley Willingham | Clean Romantasy Author. You herein agree not to display and/or use in any manner the Ashley Willingham | Clean Romantasy Author logo or marks without obtaining Ashley Willingham | Clean Romantasy Author’s prior written consent.
Copyright Infringement Claims Notice & Procedures
Ashley Willingham | Clean Romantasy Author will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Ashley Willingham | Clean Romantasy Author may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe
has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright
or intellectual property owner’s behalf.
The Ashley Willingham | Clean Romantasy Author Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Ashley Willingham
Attn: Copyright Agent
P.O. Box 264
Searcy, Arkansas 72143
Telephone: (501) 530-3281
Email: ashley@mrsashleywillingham.com
General Information
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Ashley Willingham | Clean Romantasy Author and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Ashley Willingham | Clean Romantasy Author Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Ashley Willingham | Clean Romantasy Author Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Ashley Willingham | Clean Romantasy Author with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Arkansas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Ashley Willingham | Clean Romantasy Author, shall be filed within the courts having jurisdiction within the County of White, Arkansas or the U.S. District Court located in said state. You and Ashley Willingham | Clean Romantasy Author agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such
courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Ashley Willingham | Clean Romantasy Author fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in
full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 5 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Ashley Willingham | Clean Romantasy Author as follows:
Mailing Address:
Ashley Willingham
P.O. Box 264
Searcy, Arkansas 72143
Telephone: (501) 530-3281
Email: ashley@mrsashleywillingham.com