Content Runner ("Content Runner" or "CR") is owned by Content Management Solutions, LLC and provides services through its website (the "Site", whose homepage is https://www.contentrunner.com), programs, computer servers and employees. All such services are referred to collectively herein as "CR Services". By accessing the Site or using CR Services, you are a "Patron" and you accept and agree to the terms below (collectively, the "Terms of Use" or "TOU") as a legally binding contract between you and CR.
At CR’s sole discretion, select Writers may advertise “Offerings” through CR Services. Offerings are advertisements by Writers to produce and license specific, unique Content for Users in exchange for specified compensation. These TOU apply to all Content exchanged through Offerings and all Offering transactions, unless explicitly provided for as an exception in these TOU.
CR Services principally involve the commissioning of original written copy ("Content") by entities requesting Content (those entities hereinafter referred to as "Users") and entities generating Content (those entities hereinafter referred to as "Writers"). However, the term Content pertains to any original form of an idea or information that is substantive and discrete (eligible for copyright protection under the copyright laws of the United States of America), and that is exchanged through CR Services.
The term "Patron" in these TOU refers to all entities accessing the Site or using CR Services, including both Users and Writers.
CR may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of the Site or CR Services.
If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of the CR Services, in which case any continuing access or use of such Services is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on the Site or using CR Services.
CR Services are intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.
The TOU grant you a limited, revocable, nonexclusive license to access the Site and use CR Services, in whole or in part, including but not limited to CR intellectual property therein, solely in compliance with the TOU.
"Content Runner" is a trademark and is protected by United States and international laws. The TOU do not authorize you to use "Content Runner" or any similar or related marks for any use pertaining to Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with Content Runner.
CR does not control, is not responsible for and makes no representations or warranties with respect to any Content exchanged through CR Services.
Users are solely responsible for access to, use of and/or reliance on any Content. CR makes no representation or warranty that Content is original or fit for its intended purpose; those responsibilities are incumbent on the Users. Users are responsible for conducting necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to Content.
Writers represent that the Content they market through CR Services is original and that they have the exclusive right to license that Content to Users under copyright laws of the United States of America. Writers grant a sole and exclusive license to use the Content they have been commissioned to produce to the User in exchange for compensation through CR Services. These rights are not conveyed to the User until such User has accepted the Content via CR Services and the Writer who generated the Content has been compensated, or has a legally binding right to compensation, for such Content under these TOU.
Writers authorized to create Offerings agree to provide services to a User in exchange for compensation. Services include the creation of any type of unique, original Content facilitated through CR Services. Content produced via purchase of a Writer's Offering is subject to the same rules and restrictions as any other Content produced through CR Services.
Upon approval through CR Services, Writers automatically grant and assign to User an exclusive, perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use the Content. Writers also expressly grant and assign to Users all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any Content licensed (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of Content).
By publishing an advertisement for Content, Users authorize CR to charge the User's account for the price of the Content requested (including Content Runner's fee of 15% or less, see Fee Scale below). Users agree that upon acceptance of the Content through CR Services, they have purchased a license to the Content and that CR has the right to issue payment to the Writer for the license. Prior to formal acceptance through CR Services acceptance mechanisms, Users have no license to the Content presented to them, or any rights to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) or otherwise use the Content.
Once a Writer has submitted the work under these Terms of Use, Users will have 1 week to review and approve or reject the content. If the User has taken no action by 1 week after the date the content was submitted, the content will be automatically accepted and the Writer will be compensated.
Upon acceptance of a piece of content, Content Runner's fee will be applied. CR's fee is based upon the relationship between the Writer and the User. Content Runner's system will track how much Writers earn from each User with whom they work. As a Writer's total earnings with a particular User accumulate during a 12-month period, the system will reduce the fee that Content Runner takes on those transactions. This fee reduction schedule (the Fee Scale) will take into account all earnings from all content exchanged between User and Writer within a rolling 12-month period. The 12-month period is calculated from the date a piece of content is accepted by the User and marked Complete.
| Earnings | Fee |
|---|---|
| Less than $500 | 15% |
| $500 – $999.99 | 14% |
| $1,000 – $1,999.99 | 13% |
| $2,000 – $3,999.99 | 12% |
| $4,000 – $7,999.99 | 11% |
| $8,000 – $14,999.99 | 10% |
| $15,000 – $29,999.99 | 9% |
| $30,000 – $59,999.99 | 8% |
| $60,000 or more | 7% |
The fee for individual articles is calculated at the time the Writer picks up an article or a Direct Order is sent. The fee will be collected when the content is accepted by the User and marked Complete. When the Writer earns enough that he or she is placed into the next lowest fee tier, the reduced fee will be applied to all future orders for as long as the Writer's rolling 12-month earnings are over the cutoff for the new fee tier (See FAQ for examples). The lower fee will be reflected in the prices displayed in the article listings; the prices displayed to Writers will always reflect their current fee tier.
Content Runner charges a 15% fee for all Offerings. (See FAQ for further details.)
Patrons agree to indemnify and hold CR and CR Agents harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) Content that is posted or transmitted (including but not limited to Content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all information posted or transmitted); (c) your use of or reliance on any Content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CR or CR Agents.
In addition to licensing the Content marketed through CR Services, Writers agree that they will not claim authorship, ownership or involvement of any kind to the licensed Content without express written consent of the User. Writers agree to keep their role in the generation of the Content confidential. Writers agree that the compensation provided to them for the license of the Content is adequate for complying with the terms of this Non-disclosure Agreement, and the rest of the Terms of Use.
Patrons may publish or share information (other than Content) through CR Services (hereinafter referred to as "Site Information"),including, but not limited to, messaging services, Writer or User profiles, forums or other medium. You are responsible for any Site Information that you post or transmit and, if you create an account, you are responsible for all Site Information posted or transmitted through or by use of your account.
Site Information prohibited from CR Services includes but is not limited to: (1) illegal information; (2) information in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive information (including, without limitation, defamatory, threatening, hateful or pornographic information); (4) information that discloses another's personal, confidential or proprietary information; (5) false or fraudulent information (including but not limited to false, fraudulent or misleading responses to user ads transmitted via CR Services); (6) malicious information (including, without limitation, malware or spyware); (7) information that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, or any other product or service that if utilized with respect to Content Runner would violate these TOU or CR's other legal rights; and (8) information that offers, promotes, advertises or provides links to unsolicited products or services.
Patrons automatically grant and assign to CR, and represent and warrant that you have the right to grant and assign to CR, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any Site Information that you post. This license does not pertain to the Content exchanged through CR Services. You also expressly grant and assign to CR all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any Site Information that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of information that you post).
You agree to indemnify and hold CR and CR Agents harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) information that you post or transmit (including but not limited to information that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all information posted or transmitted); (c) your use of or reliance on any Content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CR or CR Agents.
CR has the right, but not the obligation, to regulate Site Information generated by Patrons, which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications posted to, stored on or transmitted via CR Services by any Patron (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of CR Services) by any Patron (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that CR, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of information, accounts and/or all or any use or access).
CR may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. CR action or inaction to regulate Site Information, Content or conduct or to enforce against any potential violation of the TOU by any Patron (or any other third party) does not waive CR's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar Site Information, Content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by CR or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "CR Agents") to prevent, restrict, redress or regulate Site Information, Content, or to implement other enforcement measures against any Site Information, Content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither CR nor any CR Agents shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate Site Information or Content, or to implement other enforcement measures against any Site Information, Content, conduct or potential violation of the TOU.
Although CR Agents may moderate Site Information, Content, conduct and TOU compliance on the Site at CR's discretion, CR Agents have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of CR will address any alleged problem or complaint, or that they or anyone else on behalf of CR will otherwise stop, cure or prevent any problem, Site Information, Content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any CR Agent (or by anyone else acting on behalf of CR or by anyone purportedly acting on behalf of CR) that CR (including but not limited to any CR Agent, anyone else acting on behalf of CR, or anyone purportedly acting on behalf of CR) would or would not prevent, restrict, redress or regulate Content or Site Information (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any Content or Site Information), or to implement other enforcement measures against any Site Information, Content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that CR, CR Agents and anyone else authorized to act on behalf of CR shall in no circumstance be liable as a result of any representation that CR, a CR Agent or anyone else on behalf of CR would or would not restrict or redress any Site Information, Content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by CR's Owners and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
CR also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of CR Services at any time without notice. CR and CR Agents shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
CR does not control, is not responsible for and makes no representations or warranties with respect to any Patron or Patron conduct.
You are also responsible for your own conduct and activities on, through or related to CR Services, and, if you create an account on CR Services, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold CR and CR Agents harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to CR Services or CR, and related to or arising out of any conduct or activities on, through or by use of your CR Services account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CR or CR Agents.
This section 6 applies to all uses and Patrons of CR Services, unless CR has specifically authorized an exception to a particular term for a particular user in a written agreement. CR has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 6.
Users may not circumvent any technological measure implemented by CR to restrict the manner in which information may be posted on CR Services or to regulate the manner in which information may be transmitted to other Users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent CR Services accounts; URL shortening, obfuscation or redirection; and information obfuscation via HTML techniques, printing text on images, inserting random text or "content spinning."
It is expressly prohibited for any third party to post information to CR Services on behalf of another. Users must post only on their own behalf, and may not permit, enable, induce or encourage any third party to post information for them.
It is expressly prohibited to post information to CR Services using any automated means, unless those means are included in CR Services. Users must post all information personally and manually through all steps of the posting process or other CR Services interface. It is also expressly prohibited for any User to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any User who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to CR for each instance of access to CR Services (by any user or other third party) using that automated means.
A User may maintain and use no more than one account as a User and one account as a Writer. A Patron specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting information in violation of the TOU.
A Patron may create an account only on his/her own behalf. A Patron must not permit, enable, induce or encourage others to create accounts for him/her. The creation of accounts for others is expressly prohibited.
A Patron must only use his/her own account and may not use any account of another.
The purchase and sale of accounts is expressly prohibited.
A Patron must create his/her account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the Patron personally and manually solves any CAPTCHA challenge and explicitly agree to these TOU in the account creation process.
A Patron must be a citizen of the United States, held liable for all applicable US taxes and laws.
Writer accounts must be linked to a unique PayPal account. You may not use a PayPal account that is already in use by another CR Writer account.
A Patron shall not seek removal of information on CR Services without a personal, good-faith belief that the information violates the TOU. A Patron may seek removal of information only on his/her own behalf. A Patron must not permit, enable, induce or encourage others to seek removal of information for them. A Patron must not seek removal of information for others.
This section 5 applies to all uses and Patrons of CR Services, unless CR has specifically authorized an exception to a particular term for a particular Patron in a written agreement. CR has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 7.
To maintain the integrity and functionality of CR Services for its Patrons, access to CR Services and/or activities related to CR Services that are harmful to, inconsistent with or disruptive of CR Services and/or its Patrons' beneficial use and enjoyment of CR Services are expressly unauthorized and prohibited. For example, without limitation:
Unless directly related to the legal exchange of Content through CR Services, the collection of CR Services Patrons' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed.
Any copying, aggregation, display, distribution, performance or derivative use of CR Services or any information posted on CR Services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.
Any access to or use of CR Services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with CR Services (including, without limitation, to access information, post information, cross-post information, re-post information, respond or reply to information, verify information, transmit information, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access CR Services or copy, display, distribute, perform or create derivative works from CR Services webpages or other CR intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on CR Services or any provision of the TOU that restricts information, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of CR Services webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs are "technological measures" that effectively control access to copyright-protected components and rights of CR pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of CR Services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous information) that are inconsistent with use of CR Services in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of CR Services in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.
Patrons are required to email and send attachments through the Content Runner system. At no time shall any communications occur whose purpose is to circumvent Content Runner fees, technological security measures or restrictions, manipulate or evade quality control measures (including but not limited to word count restrictions, submission of Content to Copyscape analysis, extending automatically enforced deadlines, and/or intentionally manipulating statistics displayed on Writer Profiles, etc.), or otherwise violate the TOU.
By accepting these Terms of Use, Patrons acknowledge and agree that Content Runner's compensation for making the Site and Services available is its fee, outlined in Section 2 b. above and Section 9 below. Content Runner only collects this fee when Patrons issue and receive payment through the Content Runner Site. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
Patrons are prohibited from sharing, distributing, posting or disseminating personal or contact information with the express or implied intention to remove the exchange of and payment for Content and CR Services from the Site for any reason whatever, including for the purpose of exchanging, making or receiving payment outside the Site. In summary, Patrons may not distribute or solicit contact information in an attempt to poach other Patrons from Content Runner for private contracts outside of the Content Runner system.
If Content Runner suspects that a writer and user have taken their relationship outside of Content Runner with the express intent of circumventing our fees, they will be subject to the following penalties:
Writers: The first offense will be a 1 month ban from Content Runner and the 2nd offense will be a permanent account suspension.
Users: Content Runner will collect the cost of each article + a penalty of $500 per article, including any legal fees incurred to collect such payments.
Unless directly related to the legal exchange of Content through CR Services, the collection of CR Services Patrons' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed.
Any communications between Patrons which are reported to CR or any agent of CR and determined to be in violation of the TOU will be subject to punitive actions, including but not limited to suspension of account privileges and/or account termination.
Patrons also agree to indemnify and hold CR and CR Agents harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of their interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by CR or CR Agents.
CR may charge a fee to use CR Services. You are responsible to CR for any fees applicable to information that you post or other features, products, services, or licenses that you purchase or that are purchased through your account. You authorize CR, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts or CR Services are removed by CR. Payments and purchases may not be canceled by the User, except as required by law. However, CR reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
CR uses PayPal as its third party service provider for payment services (e.g. card acceptance, merchant settlement, and related services). By making use of some or all of these payment services on CR you agree to be bound by PayPal's User Agreement and hereby consent and authorize CR to share the information you provide to us with our third party service provider(s) to the extent required to provide the payment services to you. PayPal may also be contacted directly through their customer service department.
YOUR ACCESS TO, USE OF AND RELIANCE ON CR SERVICES AND CONTENT ACCESSED THROUGH CR SERVICES IS ENTIRELY AT YOUR OWN RISK. CR SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND INFORMATION ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, CR ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF CR SERVICES AND CONTENT ACCESSED THROUGH CR SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF CR SERVICES OR CONTENT ACCESSED THROUGH CR SERVICES; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF CR SERVICES OR CONTENT ACCESSED THROUGH CR SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON CR SERVICES OR IN SITE INFORMATION).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
CR AND THE CR AGENTS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON CONTENTRUNNER OR CONTENT ACCESSED THROUGH CONTENTRUNNER BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO CONTENTRUNNER OR INFORMATION ACCESSED THROUGH CONTENTRUNNER, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF CR OR ANY CR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF CONTENTRUNNER OR CONTENT ACCESSED THROUGH CONTENTRUNNER; ANY INABILITY TO ACCESS OR USE CONTENTRUNNER OR CONTENT ACCESSED THROUGH CONTENTRUNNER; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF CONTENTRUNNER OR CONTENT ACCESSED THROUGH CONTENTRUNNER.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF CONTENTRUNNER OR CONTENT ACCESSED THROUGH CONTENTRUNNER (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON CONTENTRUNNER AND LINKS IN CONTENT ACCESSED THROUGH CONTENTRUNNER).
You hereby release CR and each of the CR Agents, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to ContentRunner or information accessed through ContentRunner, or any interactions with others arising out of or related to ContentRunner or information accessed through ContentRunner, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Occasionally on Content Runner a user will load funds with a stolen credit card. Content Runner tries hard to detect this fraud in a timely manner before any work has been done by a Writer. However if any work is started by a Writer, Content Runner cannot make payments for content that is produced from stolen credit cards.
Writers can help identify fraud as well. If there is an order that lacks sufficient instructions, details and otherwise seems out of place, please contact Content Runner support and we will investigate.
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please notify ContentRunner using the "Contact Us" information provided on the ContentRunner website.
You acknowledge and agree that any violation or breach of the TOU may cause CR immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, CR has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to CR in law or in equity, CR may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.
In addition to any injunctive relief, you agree to pay to CR the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to CR as described in the following schedule:
Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of CR's damages for such violations, and that liquidated damages for violations of the TOU are and will be cumulative.
CR has established a privacy policy covering the collection, use, and disclosure of user information.
These TOU constitute the entire agreement between you and CR and supersede any prior written or oral agreement. Other than the CR Agents (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.
Any and all claims, causes of action or disputes (regardless of theory) between you and CR arising out of or related to the TOU, ContentRunner or information accessed through ContentRunner shall be governed by the laws of the State of Washington without regard to conflict or choice of law principles. You and CR agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within King County, Washington, and you and CR agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.