Terms of Purchase
TERMS OF PURCHASE
Last Updated: October 4th, 2026.
Thank you for considering joining the Feral Writing Society!
Please carefully review these Terms of Purchase. By purchasing a subscription to the Feral Writing Society, you acknowledge and agree that you were given reasonable access to, and opportunity to review, these Terms of Purchase before your purchase. These Terms of Purchase are binding as of the date of purchase or access to the Feral Writing Society.
These Terms of Purchase are between you (hereinafter: the “Customer,” “You,” or “Your”) and Zen Mondays Services Inc., a corporation located in the Province of Ontario (hereinafter: the “Community Owner,” “Community Owner,” “We,” “Us,” or “Our”).
The purpose of this Agreement is to govern the purchase of the Feral Writing Society Community Membership (hereinafter: the “Membership”), whether made through the Community Owner’s website at https://www.feralwritingsociety.com/, https://feral-writing-society.circle.so/checkout/pack-member, any related domains or subdomains, or in person (hereinafter: the “Website”). Collectively, the Community Owner and the Customer are the “Parties” to this Agreement, and each individually a “Party.”
Understand that by clicking the payment button, entering your credit card and/or debit card information, making a payment via cash, PayPal, Stripe, or other means, or by enrolling, subscribing, or otherwise agreeing electronically, verbally, or through any other method via the Website, you are agreeing to adhere to and be bound by these Terms of Purchase, together with the Terms of Use, Disclaimer and our Privacy Policy, all of which are hereby incorporated by reference (hereinafter: the “Terms” or “Agreement“):
1. INTRODUCTION
The Community Owner operates the Feral Writing Society, a private online community for fantasy, romantasy, and romance writers. The Membership is designed to help writers build momentum, find community, and finish their books. The Membership is a community. It is not a course, curriculum, coaching program, or professional service.
The Membership is a monthly, quarterly, or yearly subscription. It may include:
co-writing sessions;
writing challenges and sprints;
craft discussions and book club;
guest speaker sessions and workshops;
opportunities to exchange feedback and connect with beta readers and critique partners; and
other community spaces, events, and resources, as made available from time to time.
2. PROGRAM SPECIFICS
(a) Subscription Options and Access –
The Membership offers three billing options: Monthly, Quarterly, and Annually. All three provide the same Membership and the same access. They differ only in billing frequency and price. Customers may select their preferred billing option at checkout and will be bound by that choice for the duration of their active subscription.
New Customers are eligible for one free trial of seven (7) days (the "Free Trial"). A valid payment method is required at checkout. Unless the Customer cancels before the Free Trial ends, the Membership will automatically convert to a paid subscription when the Free Trial ends, and the Fee for the selected billing option will be charged. Customers who cancel during the Free Trial will not be charged. Free Trials are limited to one per person.
Access to the Membership and community begins immediately upon completion of checkout.
Customers will retain access to the Membership only while their subscription remains active. If a payment fails or a subscription is canceled or otherwise terminated, access to all Membership will be revoked.
The Membership is for one individual. Customers may not share their login or allow anyone else to access the community through their account.
(b) Bonuses –
Enrollment in the Membership does not guarantee access to all bonuses. Certain bonuses may be available as separate purchases or offered only during specific promotions. All such bonuses and add-ons are governed by their own terms and conditions.
(c) Substitution of Services –
The Community Owner reserves the right to modify, update, or replace any elements of the Membership with services of equal or comparable value. It may do so where reasonably required due to operational, technological, or community-related circumstances, as determined by the Community Owner.
Specific sessions, speakers, schedules, and features are not guaranteed. If a change materially reduces the Membership as a whole, the Community Owner will notify Customers, and Customers may cancel in accordance with Section 6.
(d) Membership Distribution –
The Membership is hosted on Circle (CircleCo, Inc.). Sessions and resources may be delivered through other third-party platforms, such as Zoom or Notion. Platform access and experience may vary depending on the platform used. The Customer's use of each platform is also subject to that platform's own terms.
3. TERM
The Term of this Agreement shall remain in effect for as long as the Customer maintains an active subscription to the Membership. The Customer's access to the Membership will continue month-to-month, quarter-to-quarter, or year-to-year, depending on the billing option selected at checkout. It will renew automatically at the then-current Fee unless canceled by the Customer or terminated in accordance with Section 6.
Notwithstanding the expiration or termination of the Customer’s subscription, the following Sections shall survive the Term of this Agreement: Sections 4, 5, 7, and 9 through 12.
4. PAYMENT & FEES
Upon subscribing to the Membership, the Customer agrees to pay the applicable subscription fee (hereinafter: the “Fee”) based on the billing option selected at checkout (monthly, quarterly or annually). Fees are charged in United States dollars. Fees do not include applicable taxes, which will be added at checkout where required. The Fee will be charged on a recurring basis, using the payment method provided by the Customer, until canceled in accordance with this Agreement.
(a) Billing Authorization –
By subscribing to the Membership, the Customer authorizes the Community Owner and its third-party payment processor to automatically charge the selected payment method on a recurring basis (monthly, quarterly, or annually, as selected). No separate authorization is needed for each transaction.
(b) Failed Payments –
If a recurring payment fails for any reason, access to the Membership and community will be automatically suspended by the third-party platform (e.g., CircleCo, Inc.). The Customer may update their payment information and restore access at any time during the grace period provided by the third-party platform. The Community Owner does not guarantee access to Membership content or the community during periods of non-payment and is not responsible for any loss of access or data due to failed payments.
If payment is not successfully processed after the platform’s retry attempts, the Customer’s subscription will be canceled, and access to the Membership and community will be permanently revoked.
If the Customer chooses to return and re-subscribe at a later date, they may do so through the current public checkout page and/or Website. However, the Community Owner does not guarantee the availability of any previous pricing, promotional offers, or bonuses. Reinstatement will be subject to the terms and pricing in effect at the time of re-subscription.
(c) Subscription Cancellation –
Customers may cancel their subscription at any time through their account settings or by emailing hello@feralwritingsociety.com. Access to the Membership and community will continue until the end of the current billing period. Except as set out in Section 5, no refunds or partial credits will be issued for unused portions of a billing cycle.
(d) Chargebacks –
The Customer agrees not to initiate any chargebacks, payment reversals, or unauthorized transaction disputes (including but not limited to claims through PayPal, Stripe, or their banking institution) without first providing the Community Owner with written notice of the issue and at least five (5) business days to respond and attempt resolution. Initiating a chargeback without such notice, other than in the exercise of a right provided by law, shall constitute a material breach of this Agreement.
In the event of a chargeback or payment reversal:
The Customer's access to the Membership and community will be suspended pending resolution of the dispute.
The Customer will remain responsible for any outstanding amounts owed for services already rendered.
If the chargeback is resolved in the Community Owner's favor or is otherwise found to be unfounded, the Customer agrees to reimburse the Community Owner for the dispute fee charged by its payment processor.
Following an unfounded chargeback, the Customer will be blacklisted from future Memberships. Requests for reinstatement may be considered on a case-by-case basis at the sole discretion of the Community Owner and will require payment in full of any outstanding balances. Any reinstatement shall be subject to current pricing and availability. Previously offered promotions, discounts, or bonuses will not be honored unless the Community Owner agrees otherwise in writing.
Nothing in this Section limits any right the Customer has under applicable law, including any statutory right to request a chargeback from their card issuer.
(e) Foreign Fees and Taxes –
The Community Owner will not be held accountable or liable to pay any foreign fees or additional fees that are outside the Community Owner's control. These include, but are not limited to, foreign transaction fees and currency conversion charges imposed by the Customer's bank or card issuer.
(f) Promotions and Discounts –
The Community Owner may occasionally market and/or advertise promotions, discounts, limited-time offers, and/or bonuses ("Promotions") to potential customers. You are entitled to take advantage of any active Promotions when you purchase the Membership. Promotions are offered manually and/or through automated campaigns at any given time, and they are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or end any Promotions at any time and at our sole discretion. If you purchased before a Promotion became available, we are unable to apply the new offer retroactively, give you store credit, or return a portion of your purchase.
The Community Owner may also, at its discretion, offer reduced or sponsored pricing to individual Customers. Such arrangements are personal to the Customer and confidential. They do not create any entitlement for other Customers.
(g) Price Changes
The Community Owner may change the Fee by giving the Customer at least thirty (30) days' notice by email. A price change applies starting with the Customer's first renewal after the notice period ends. A Customer who does not wish to continue at the new price may cancel before that renewal.
5. REFUNDS
NO REFUND POLICY
The Community Owner is committed to providing a high-quality experience in the Membership. The Free Trial allows Customers to evaluate the community before any payment is made. Accordingly, all sales are final, and we maintain a no-refund policy. By purchasing the Membership, the Customer acknowledges and accepts this policy and agrees to be responsible for all Fees as per the terms of this Agreement.
Notwithstanding the above, refunds will be issued:
where required by applicable law; and
where the Community Owner terminates without cause or discontinues the Membership, as set out in Section 6(b) and Section 6(c).
The Community Owner also reserves the right to issue refunds in exceptional circumstances, to be determined on a case-by-case basis at its sole discretion. The issuance of a refund in one instance does not entitle the Customer, or any other participant, to a refund in similar or future circumstances.
6. TERMINATION
(a) Customer Termination –
The Customer may cancel their subscription to the Membership at any time through their account settings. Cancellation will take effect at the end of the current billing cycle, and the Customer will retain access to the Membership and community until that time. No refunds or partial credits will be issued for unused time within a billing period.
Customer dissatisfaction with the Community Owner, Membership content, or community experience does not entitle the Customer to a refund or waiver of fees. The Customer remains responsible for any payments already processed prior to cancellation.
(b) Community Owner Termination –
The Community Owner is committed to providing quality service to all Customers. However, from time to time, situations arise that require the Community Owner to terminate the Agreement before the Term ends.
For cause. The Community Owner reserves the right to terminate the Agreement for cause at any time. Cause includes, but is not limited to, the following:
the Customer fails to follow the Membership or Community Guidelines;
abusive, harassing, or harmful behavior toward the Community Owner, moderators, guests, or other Customers;
disruption of the Membership environment;
sharing other Customers' work or private content outside the community;
misuse of the Community Owner's Intellectual Property; or
fraudulent conduct, including unfounded chargebacks.
In the event of termination for cause, the Customer's access will be revoked immediately. The Customer will not be entitled to a refund for the current billing period, but will not be charged for any future periods following termination.
For other legitimate business purposes. The Community Owner may also terminate the Agreement for any other legitimate business purpose by giving at least fourteen (14) days' notice. In that case, the Community Owner will refund the prepaid Fees for the unused portion of the current billing period, prorated to the termination date.
Future eligibility for re-subscription shall be at the sole discretion of the Community Owner.
(c) Discontinuation of the Membership
If the Community Owner discontinues the Membership entirely, it will give at least thirty (30) days' notice where reasonably possible. It will also refund prepaid Fees for any unused portion of the billing period, prorated to the closure date.
Customers are responsible for keeping their own copies of their writing. The Community Owner is not obligated to preserve or return Customer content after a Membership ends.
7. DISCLAIMERS
(a) The Community Owner is not an editor, literary agent, publisher, employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, financial advisory, business executive, or other agent of Customer. No solicitor-client or other professional relationship is created between the Customer and the Community Owner, its founder, its moderators, its guest speakers, or any other Customer, regardless of anyone's professional background.
(b) The Customer understands that the Membership is created to provide community, accountability, and peer support for writers. The Customer also understands that the Membership has been designed by the Community Owner for general educational and informational purposes only. Through the Membership, the Customer may receive suggestions, feedback, and information about writing, craft, and publishing. It is ultimately the responsibility of the Customer (and only the Customer) to make the final decisions about their work and career.
The Community Owner cannot and does not guarantee that participation in the Membership will result in any of the following:
the completion of a manuscript;
literary representation or a publishing contract;
book sales, reviews, or awards; or
the achievement of any other writing or career goal.
The Customer agrees that use of the Membership is at the Customer's own risk.
(c) The Customer acknowledges that feedback on creative work is inherently subjective. Feedback, critiques, and opinions shared by other Customers reflect the views of the individuals who share them and are not professional assessments.
Guest speakers are independent third parties. Their views are their own, and their participation does not constitute an endorsement by the Community Owner of their products or services. Any services the Customer engages from a guest speaker are arranged directly between the Customer and that speaker.
(d) This Membership may include access to third-party content, provided as a courtesy. Community Owner is not responsible or liable for any third-party content inside the Membership.
(e) This Membership does not include:
editing, proofreading, or manuscript assessment services;
literary agency, publishing, or introductions to agents or publishers;
legal, financial, or tax advice, including review of publishing or other contracts;
therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy;
Introduction to Community Owner’s professional network and business relationships;
publicity, public relations, and/or social media marketing services; or
unlimited feedback.
(f) Communication With Other Members –
The Community Owner shall not be held liable, either directly or indirectly, for any communications or interactions between the Customer and any of the following:
other members within the Membership;
third parties who may or may not be part of the Membership; or
individuals in third-party channels that are connected to, or arise out of, the Membership.
For instance, Customers may form critique partnerships, beta reading arrangements, feedback swaps, or collaborations, whether inside or outside the community. These are independent arrangements between the Customers involved and are entered into at the sole discretion of each Customer. The Community Owner is not responsible for any communications, conflicts, or damages arising from them.
While the Community Owner will take reasonable measures to ensure there are no injurious communications inside the Membership, all Customers are responsible for acting with their own volition and discretion when communicating with others. Concerns may be reported to hello@feralwritingsociety.com.
(g) Recordings of Live Sessions –
Guest speaker sessions and workshops may be recorded and made available to Customers within the Membership for replay. Co-writing sessions are not recorded. Customers may participate in any session with their camera off, their microphone muted, and under their display name.
The Community Owner will not publish recordings outside the Membership, or use them for promotional purposes in a way that identifies a Customer, without that Customer's separate express consent. Requests by a Customer to edit or remove their contribution to a recording will be considered in good faith, and reasonable requests will be accommodated.
Customers may not record any session.
(h) Mature Content –
Customers write and discuss work in genres that commonly include mature themes, including sexual content and violence. By joining, the Customer acknowledges that they may encounter such content. Customers must label mature content in accordance with the Community Guidelines.
8. CUSTOMER’S RESPONSIBILITIES
(a) Membership Limitation And Customer Accountability –
The Membership is designed to support writers through community, accountability, and shared learning. The Community Owner does not guarantee that the Customer's goals, whatever they may be, will be reached through participation in the Membership. The Customer accepts and agrees that the Customer is 100% responsible for their results from the Membership.
Nevertheless, the Customer acknowledges that they can make the most of the Membership by adhering to the following:
Take Action and Participate Fully
Show up to co-writing sessions, challenges, and sprints.
Focus on small, consistent steps that move you toward your goals.
Share your wins and struggles. Celebrating small progress builds momentum.
Build Connections
Engage with your peers to foster meaningful relationships.
Support one another through shared insights and encouragement.
Take 100% responsibility for your results, 100% of the time.
(b) Community Guidelines –
By participating in the Membership and accepting this Agreement, the Customer agrees to abide by the following Community Guidelines, and by any further guidelines posted within the community:
Respect and Conduct
Treat others with courtesy and respect at all times.
Do not engage in bullying, harassment, hate speech, or defamatory remarks.
Avoid spam, solicitation, or self-promotional content unless explicitly invited by the Community Owner.
Feedback
When giving feedback, address the work, not the writer.
Be honest and constructive, and respect any limits a Customer places on the feedback they want.
Do not rewrite another Customer's work in your own voice unless they have asked you to.
Participation
This community is intended for meaningful discussion, support, and feedback.
Share your questions, insights, and wins in good faith.
Do not post off-topic content, link-dump without context, or use the space for unsolicited marketing.
Confidentiality
The community is a private space. The Customer agrees not to screenshot, record, or share any content, whether written or spoken, outside the Membership without express permission from the original poster.
This includes posts, comments, shared writing, discussions, and session recordings.
Communication Channels
The Customer agrees to use the designated community spaces (e.g., Circle) for questions, feedback, and support, unless a matter is personal or sensitive.
For private matters, the Customer may send a direct message or contact hello@feralwritingsociety.com.
Self-Promotion
The Customer may only promote their books, services, offers, or external content in designated promotional spaces, if and when such spaces are provided.
Outside of those areas, the Customer agrees to focus on contributing to the community rather than promoting their own work or services.
Failure to comply with these Community Guidelines may result in a warning. In cases of repeated or serious violations, it may result in immediate removal from the Membership and community without refund, at the sole discretion of the Community Owner.
(c) Zero Tolerance Policy –
The Community Owner employs a Zero Tolerance policy inside the Membership with respect to harassment of Community Owner representatives, moderators, guests, and/or other Customers.
"Harassment" shall include, but is not limited to:
abusive or threatening language directed at a person, including name-calling;
a volume of messages that pressures others (i.e., demanding responses or sending back-to-back messages without allowing a reasonable time to respond);
unwanted communications (i.e., with other members through private channels or DMs);
hate speech, intimidation, or racial slurs;
mocking others or displaying disgust towards others; and
other similar conduct.
If the Customer harasses a Community Owner representative or other Customers inside the Membership, the Community Owner will ordinarily give one (1) warning to the Customer to modify their behavior. A second incident will result in immediate removal from the Membership without a refund. Serious incidents may result in immediate removal without a warning.
Decisions regarding harassment are at the Community Owner's discretion, based on evidence such as writings, emails, and screenshots.
(d) Disputes & Customer Support –
For any issues related to the Membership, whether technical, substantive, or otherwise, Customers are to address them through designated private channels to avoid disrupting the community platform. All questions or concerns should be directed to hello@feralwritingsociety.com.
(e) Account Responsibility –
Customers are responsible for maintaining the confidentiality of their account login information and may not share their account with any other person. You are fully responsible for any and all activities and conduct that occur under your account, whether by you or anyone else.
You agree to immediately notify the Community Owner of any unauthorized use, or suspected unauthorized use, of your account, or of any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. If you are using a computer that others have access to, you must log out of your account after each session.
9. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT
(a) Confidential Information & Non-Disclosure –
The Community Owner regards the materials provided in the Membership as proprietary and confidential. "Confidential Information" includes, but is not limited to:
Any systems, sequences, processes, or trade secrets in connection with the Membership or Community Owner’s business practices.
worksheets, prompts, templates, and written materials provided through the Membership;
session recordings; and
guest speaker presentations and materials.
The Customer agrees not to disclose, share, or use this Confidential Information outside the scope of the Membership without express written permission from the Community Owner.
Confidential Information does not include general writing craft knowledge, which the Customer is free to apply in their own work. A breach of this confidentiality obligation may result in legal action and termination from the Membership.
(b) Group Container –
Participants in the Membership, and in any related third-party channels associated with the Membership, may from time to time share sensitive, personal, or confidential information within these group settings. This includes unpublished writing. By participating in the Membership and these related channels, all Customers acknowledge and understand the private nature of such disclosures.
Accordingly, each Customer commits to maintaining the confidentiality of all information and writing shared by fellow participants, both within the Membership and in any associated third-party channels. Without the author's express permission, no Customer may copy, share, publish, or upload another Customer's writing to any artificial intelligence tool.
This commitment to uphold confidentiality is crucial for fostering a safe, respectful, and trusting environment across all platforms connected to the Membership.
(c) Testimonials –
Use of Customer Success Stories: While the Community Owner is committed to protecting the Customer’s personally identifiable information, it may occasionally use general statements about the Customer’s success as testimonials in its marketing efforts. By agreeing to these Terms, the Customer consents to the Community Owner using their success stories in various media at the Community Owner’s discretion.
Submission of Testimonials: The Community Owner may request testimonials about the Membership from the Customer in various formats, including video, audio, or written statements. Submitting a testimonial is voluntary. By submitting a testimonial, the Customer agrees that the Community Owner may use the testimonial in its marketing, together with the Customer's name (or the pen name or initials the Customer chooses), voice, image, and any biographical materials the Customer provides. Testimonials may be edited for length or clarity, provided that the overall meaning is not altered. Both parties shall implement their best effort to protect Confidential Information from disclosure, misuses, misappropriation, loss, and theft.
No Obligation to Use Testimonials: Submission of a testimonial does not guarantee its use. The Community Owner reserves the sole discretion to decide whether or not to use any submitted testimonials.
Consideration and Release: The Customer acknowledges that they will not receive financial or any other compensation for their testimonial, aside from any potential goodwill and publicity associated with its use. The Customer also agrees to indemnify and hold harmless the Community Owner, its officers, directors, agents, and employees from any claims or liabilities arising from the use of their testimonial, including but not limited to claims related to privacy, appropriation of name or likeness, defamation or right of personality or publicity.
Non-Disparagement: In providing a testimonial, the Customer agrees not to make any claims against the Community Owner regarding its use of the testimonial.
Withdrawal: The Customer may withdraw consent to future use of their testimonial at any time by emailing hello@feralwritingsociety.com. The Community Owner will remove the testimonial from the Website and from channels it controls within a reasonable time. Withdrawal does not apply to materials already printed or distributed.
(d) Non-Disparagement –
The Customer agrees to abstain from making any statements, either verbally or in writing, that could negatively affect or harm the reputation, business practices, services, or programs of the Community Owner, both during their participation in the Membership and following its completion. This includes avoiding comments that could be construed as damaging to the Community Owner's public image or business interests.
10. INTELLECTUAL PROPERTY & LIMITED LICENSE
(a) Intellectual Property –
The content and components of this Membership are the exclusive intellectual property of the Community Owner (collectively referred to as "Intellectual Property"). This includes, but is not limited to:
trademarks, service marks, logos, and business names;
layout and design;
event and program names;
text and written copy;
images;
worksheets, prompts, and templates;
videos, audio files, and session recordings; and
all other materials created by or for the Community Owner and provided in the Membership.
Materials presented by guest speakers belong to those speakers and are made available with their permission. Content created by Customers is governed by Section 10(d).
(b) Limited License –
The Community Owner grants the Customer a limited, personal, non-exclusive, and non-transferable license to use the Intellectual Property solely for the Customer's own writing practice and personal use during their active Membership. This Agreement does not transfer ownership of, or grant any rights to, the Community Owner's Intellectual Property beyond those explicitly stated herein.
The Customer acknowledges that their access to the Membership is intended for their individual use only.
Restrictions on Use: The Customer is prohibited from copying, reproducing, transmitting, modifying, selling, or distributing any part of the Membership or its content without prior written consent from the Community Owner. This includes:
sharing the Membership or any of its components with non-enrolled individuals; and
uploading Membership materials to any artificial intelligence tool.
Protection of Intellectual Property: Any unauthorized use of the Community Owner’s Intellectual Property, including any attempt to replicate, redistribute, or resell the Membership or its parts, constitutes a violation of this Agreement and may result in legal action and termination of the Customer’s access to the Membership.
Additional Restrictions for Editors, Coaches, and Other Professionals: If the Customer offers services to writers, they are specifically prohibited from:
repackaging or presenting Community Owner materials to their own clients or audience as their own creation;
using the Membership's materials in any paid course, program, product, or service; and
replicating, publishing, selling, or creating derivative works from the Community Owner's Intellectual Property without written consent.
(c) Infringement–
Community Owner’s Right to Terminate for Suspicion of Infringement: If the Community Owner suspects that the Customer has breached any of the Intellectual Property restrictions outlined in this Agreement, it reserves the right to terminate the Customer’s access to the Membership at any time.
The definition of suspicion includes but is not limited to: identification of Customers content that is based off of Community Owner’s proprietary framework; identification of Customer content that is almost identical and/or confusingly similar to Community Owner’s content; Receipt of third-party notices indicating potential similarities or infringements between the Customers and the Community Owner's content.
Initial Action: In the event that the Community Owner receives information from a third-party that a Customer has misappropriated or used any of the intellectual property belonging to the Community Owner, the Community Owner reserves the right to: immediately remove Customers access to the Membership and any other programs created by the Community Owner and investigate Customers usage of the Intellectual Property.
Consequences of Confirmed Infringement: If it is found that the Customer violates any restrictions regarding Community Owner’s Intellectual Property, the Customers limited license will automatically be revoked and terminated, the Customer will be blacklisted from any future programs or content belonging to Community Owner, and the Customer must destroy any downloaded materials in Customer’s possession whether in electronic or printed format.
Legal and Financial Repercussions: If it is found that the Customer violates any restrictions regarding Community Owner’s Intellectual Property, the Community Owner will seek all legal and equitable remedies against the Customer. The Customer will be required to cover all fees necessary to enforce these rights including but not limited to legal fees, administrative costs and funds spent on investigation.
In other words, if there is a breach of Intellectual Property, the Customer will be required to cover all fees necessary to enforce these rights.
(d) Customer Content and Ownership of Your Writing
"Customer Content" means anything the Customer posts or shares in the Membership, including manuscripts, excerpts, outlines, worldbuilding materials, posts, comments, and images. The Customer retains all copyright and other rights in their Customer Content. Nothing in this Agreement transfers ownership of Customer Content to the Community Owner or to any other Customer.
The Customer grants the Community Owner a non-exclusive, royalty-free license to host, store, reproduce, and display Customer Content within the Membership, solely to operate the Membership. This license ends when the content is deleted or the Membership ends. However, it continues for reasonable backup copies, and for content that remains in other Customers' replies or quoted posts.
The Community Owner will not publish a Customer's creative writing outside the Membership, use it in marketing, or sell or license it without the Customer's separate express consent.
The Community Owner will not use Customer Content to train artificial intelligence models, and will not license or provide it to any third party for that purpose. Third-party platforms process content under their own terms, which the Community Owner does not control.
Customers write in genres built on shared tropes, structures, and conventions. Similarities in ideas, tropes, premises, or general concepts between Customers' works do not, by themselves, breach this Agreement.
The Customer confirms that they have the right to share their Customer Content, and that it does not infringe anyone else's rights.
11. INDEMNIFICATION / LIMITATION OF LIABILITY
Liability for Customer's Decisions and Actions: The Customer acknowledges that the Community Owner shall not be held liable for any consequences resulting from the Customer's actions, omissions, or decisions influenced by their participation in the Membership. This includes, but is not limited to, decisions about the following:
the Customer's manuscript;
querying or self-publishing;
hiring editors or other service providers;
entering into publishing contracts; and
any other creative, business, or financial matter.
The Customer agrees to indemnify and hold harmless the Community Owner from any third-party claims arising from any of the following:
the Customer's breach of this Agreement;
Customer Content that infringes the rights of others; or
the Customer's unlawful conduct.
Liability for Membership Content and Accessibility: To the maximum extent permitted by applicable law, the Community Owner shall not be liable for any indirect or consequential damages. This includes, but is not limited to, damages resulting from the loss of data, content, or profit, or from business interruption. This applies to issues arising from both the use of, and the inability to use, the materials or content of the Membership, even if the Community Owner has been informed of the possibility of such damages. Customers are responsible for keeping their own backups of their writing.
Accessibility Through Third-Party Platforms: Access to the Membership is facilitated through third-party platforms (the "Third-Party Platforms"). These include CircleCo, Inc. ("Circle"), Notion Labs Inc. ("Notion"), Zoom Video Communications, Inc. ("Zoom"), and other similar platforms. The Community Owner is not responsible for any limitations in accessing the Membership that are attributable to these Third-Party Platforms, or to any other third-party services used in delivering the Membership.
Non-Excludable Rights: Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law. Nothing in this Agreement limits any right the Customer has as a consumer under the consumer protection legislation of their place of residence.
12. GENERAL
A. Entire Agreement –
This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the Parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
B. Headings & Severability –
Headings are included for convenience purposes only and shall not affect the construction of this Agreement.
If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. All Rights Reserved –
All rights not expressly granted in this Agreement are reserved by the Community Owner.
D. Governing Law –
This Agreement is governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted to and heard exclusively in Toronto, Ontario. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.
E. Dispute Resolution –
If a dispute arises between the Parties, the Customer agrees to first contact the Community Owner at hello@feralwritingsociety.com. Both Parties agree to make good-faith efforts to resolve the dispute for thirty (30) days before commencing formal proceedings.
After a dispute has arisen, the Parties may agree in writing to resolve it by arbitration under the Arbitration Act, 1991 (Ontario). Any such arbitration will be before a single arbitrator, seated in Toronto, Ontario, and conducted in English.
F. Claims Not Subject to Arbitration –
Notwithstanding the foregoing, either Party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement. Further, notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other Party’s patent, copyright, trademark, or trade secrets shall not be subject to this arbitration agreement.
G. Jury and Class Action Waiver –
YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.
H. Transfer and Assignment –
You are not permitted to transfer or assign any of your rights under these Terms to a third party without first obtaining express written consent from the Community Owner. The Community Owner may assign these Terms, on notice to you, to a successor to the Feral Writing Society business.
I. Injunctive Relief –
Your breach of the confidentiality or intellectual property provisions of this Agreement may cause immediate and/or irreparable harm to the Community Owner or other Customers. As such, we may seek injunctive or other interim relief from a court of competent jurisdiction, to the extent permitted by law.
J. Waiver –
The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.
K. Maximum Damages –
To the maximum extent permitted by applicable law, the maximum damages you are entitled to in any claim arising from this Agreement or your participation in the Membership will not exceed the Fees you paid in the twelve (12) months before the claim arose.
L. Age Limitations –
You must be at least eighteen (18) years old, or the age of majority in your place of residence if that is higher, to purchase or hold a Membership. By making a payment or enrolling through the Website, you confirm that you meet this requirement and have the capacity to fulfill all obligations under these Terms.
M. International Users –
The Membership is controlled, operated, and administered from Toronto, Ontario, Canada. If you access the Membership from a location outside of Canada, you are responsible for compliance with all local laws.
N. Modification and Changes –
We reserve the right to update and revise these Terms by giving you at least thirty (30) days' notice by email or within the community. Updated Terms take effect at the start of your first billing period after the notice period ends. If you do not accept the updated Terms, you may cancel your Membership before they take effect. Changes required by law may take effect sooner where the law requires.
O. Force Majeure –
To the extent that any failure or delay in our delivery of the Membership under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
P. Execution –
By checking the checkbox on the Membership checkout page, clicking the payment button, entering your credit card and/or debit card information, making a payment via cash, PayPal, Stripe, or other means, or by enrolling, subscribing, or otherwise agreeing electronically, verbally, or through any other method via the Website, you agree to accept and be bound by the terms of this Agreement in its entirety.
Q. How To Contact Us –
If the Customer has any questions or concerns regarding the Terms, please feel free to contact us:
Zen Mondays Services Inc.
720 Bathurst Street, Toronto, ON, Canada, M5S 2R4
hello@feralwritingsociety.com