By engaging the services of Blue Pen and/or submitting your materials to Blue Pen, you hereby consent to the following terms:
- You acknowledge that Blue Pen does not assert any claim to your work under any circumstance.
- The submission of your materials authorizes us to review and provide critique but in no way confers upon us any ownership rights or rights of any nature pertaining to your ideas, characters, stories, themes, and the like. Furthermore, neither we nor any of our employees or assigns will disseminate your information or work to third parties in any form.
- You accept the possibility of not agreeing with our critique of your work. If you find the prospect of receiving critical feedback disagreeable, we respectfully request that you refrain from utilizing our services, as our primary function is to provide constructive feedback.
- You understand and agree that you are not entitled to a refund or a redo, regardless of reasons such as: a) Disagreement with our reader's opinions. b) Discontent with the aspects on which our reader(s) focused. c) Belief that our reader made comments that you consider inaccurate. d) Discrepancy between our reader's notes and previous reader's notes or services we provided. e) Minor typographical or grammatical errors in the coverage or notes.
- You acknowledge that, when ordering our service, we are not obligated to accept your judgment on what is clear or unclear in your submitted work. Our review encompasses every aspect of your material, and clarity, as perceived by you, may not align with the experience of a first-time reader. A redo or refund is only warranted if we fail to provide what we explicitly promised on our website.
- You agree that we reserve the right to critique or not critique any particular aspect of your work. Our Blue Pen readers possess the autonomy to provide varying levels of commentary on different aspects of your script.
- You comprehend that our turnaround time may vary and is not guaranteed. The provided turnaround time is an estimate, and any deviation from this estimate does not invalidate the service rendered or the costs incurred.
- You acknowledge that it is your responsibility to submit your work within 60 days of ordering. After this period, we reserve the right to adjust service rates to reflect any changes in pricing.
- You understand that once we have initiated the process, we cannot swap scripts, as it entails additional unpaid work for your reader(s).
- You accept that the acceptance of these terms forms a legally binding contract, enforceable in a court of law.
Limitation of Liability:
You explicitly understand and agree that Blue Pen and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, irrespective of whether Blue Pen was advised of the possibility of such damages. This includes: (i) The use or inability to use the Blue Pen service. (ii) Costs incurred for the procurement of substitute goods and services. (iii) Any other matter relating to the Blue Pen service.
Miscellaneous Terms:
The User Agreement comprises the entirety of the agreement between you and Blue Pen, governing your utilization of the Blue Pen service. Furthermore, the User Agreement and the relationship between you and Blue Pen shall be subject to the laws of the State of Massachusetts, without regard to its conflict of law provisions. Both parties agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Norton, Massachusetts. The failure of Blue Pen to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect. You agree that, notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Blue Pen service or the Agreement must be filed within three months after the claim or cause of action arose, or you will be barred from raising such a claim."