TRIPLE FINALE TERMS OF USE

This is an agreement between you (Authors, Writers, Bloggers, Journalists, Content Creators, Playwrights, Poets, Story Creators, Professionals, Novices, and all individuals using the Triple Finale website for posting, creating, editing or owning stories on the Triple Finale Website.) and Sliding Cliffhangers L.L.C (DBA Triple Finale Podcast) (“Triple Finale”, “we” or “us”) regarding the audiobook and digital book service operated by Triple Finale (the “Service”). Our Triple Finale Terms of Use, the rules, conditions, policies subscriptions, and guidance we provide regarding this Service, and the following terms (collectively, as they may be changed over time, the “Terms”) form a part of this agreement and govern your use of the Service:

Triple Finale is an affiliate of Sliding Cliffhangers L.L.C.  These Triple Finale Service Terms of Use will take precedence over any conflicting Sliding Cliffhangers L.L.C. provisions.

By signing up for or using the Service, you agree to the Terms on behalf of yourself and all members of your household or in your social circle and others who use the Service under your account (“account” or “profile”).

Memberships and Subscriptions

As part of our Service, we offer membership programs which we may edit at will. If you sign up for or use a membership program as part of our Service, you agree to all the current terms, conditions and limitations associated with the membership programs that are posted on our website and podcast.

Author Membership Plan (“Flash Fiction Creation Program” or “FFCP”) takes precedence over any conflicting Sliding Cliffhangers L.L.C provisions regarding how you (the Author) use our Service to create and post content on our website.

Content Ownership – By using our Service you understand and agree that you have the right to ownership to all content that you create, edit and post.

Rules for Posting Content and Limitations for Posting Content – By using our Service you understand and agree that you have not stolen or will not steal any content from another source, person or entity.  No offensive, defamatory, threatening or otherwise damaging content may be posted on our website or Podcast at any time. Triple Finale has the right to remove said content from our website and Podcast at our discretion.

You may not transfer, copy, steal or display content, except as permitted in this contract.  You may not sell, rent, take, lease, distribute, or broadcast any content that does not belong to you. You may not remove any proprietary notices or labels on content that does not belong to you. Any attempt to disable, sidestep, alter, overcome, or otherwise elude any digital rights management or other protection applied to any and all content used as part of our Service on our Website or Podcast may result in immediate termination from the use of our Services at our discretion.

This Service may not be used by you for any illegal purpose.

License for Content – By using our Service you agree to and it is understood that you grant the right to Sliding Cliffhangers L.L.C. (“Triple Finale Podcast” or “Triple Finale”) to publish your work on our website or podcast in every form including audiobooks (“audio”) and written books (“Digital” or “written”). 

Service Restrictions – We reserve the right to accept or refuse membership or to restrict use of the Service at our discretion. You may not transfer or assign your membership or subscription to any other person or entity. Triple Finale may take actions we deem necessary to prevent fraud and/or abuse, including placing restrictions on the type and amount of content or other services that can be accessed from the Website or Podcast at any one time.

Promotional Memberships – Triple Finale may at times offer promotional memberships or subscriptions, all of which are subject to the Terms of this contract. Triple Finale reserves the right to determine the elements of the promotional memberships or subscriptions including, but not limited to your eligibility and may revoke benefits of said promotional membership or subscription at any time.

Membership and Subscription Cancellation
You may cancel your subscription to our membership program at any time by selecting the appropriate subscription cancellation options within your profile.  If you run into any issues with this process, you are encouraged to contact Triple Finale Customer Service.

All membership sales and subscription payments are non-refundable. If you cancel your membership or subscription, you will not receive a refund of any fees already paid. Your member benefits terminate when your membership or subscription is cancelled, but this cancellation does not terminate our license to use content previously approved for use on our website or Podcast.

If you would like to terminate our license to use your content on our website or Podcast after a membership or subscription has been cancelled, you are encouraged to contact the Triple Finale Customer Service in writing, via email to make your request.

Our business may change over time and we reserve the right to cancel the Service and any membership program or subscription in whole or in part at any time and without notice.

Fees and Renewal
All Memberships and Subscriptions are paid monthly.  Failure to make a payment may lead to termination of the Membership or Subscription if a payment has been missed.

Fees for all Services including membership plans and subscriptions will be stated at the time of your purchase and are subject to change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable.

Membership programs and subscriptions involve a recurring payment of a fee.  By using our Service, unless you notify the Triple Finale Customer Service at least 30 days prior in writing before a charge that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the applicable fees and any taxes, using the form of payment that we have on record for you.

If all forms of payment that we have on file for you are declined for payment of your membership or subscription fees, Triple Finale may cancel your membership or subscription, as applicable, unless you provide us with updated payment information.

Membership or Subscription Renewals may take place if your Membership or Subscription has not been cancelled by the Triple Finale Team for violation of the rules set forth in this contract. If your payment has been declined for any reason, and you provide Triple Finale with updated contact information where a successful monthly payment is made, then your membership or subscription may be re-instated with an updated origination date based on the date of re-instatement.

Agreement Changes
Triple Finale may, at any time and at our discretion, change the Terms including any and all elements of them and any aspect of the Service, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is dissolvable and does not affect the validity and/or the enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after Triple Finale adjusts or makes change in any way to the Terms, establishes your acceptance of said changes. If you do not agree to changes made by Triple Finale or to any of the conditions within this contract, you must not use the Service and must cancel your membership.

Indemnity Declaration
Each party agrees to indemnify, defend, and hold harmless the other party from and against any loss, cost, injury or damage of any kind (including reasonable outside attorneys’ fees) to the extent arising out of its breach of this Agreement, and/or its negligence or willful misconduct.

Disputes
Any dispute or claim arising from or relating to these Terms, or your use of the Service is subject to the dispute resolution, governing law, disclaimer of warranties, limitation of liability and all other terms in the state of Washington.  

By using this Service, you agree to the following process for resolution of any dispute:

• First, attempt to resolve the dispute by emailing Triple Finale staff and include a detailed explanation of the issue and allow 7 calendar days for a response.
• If the issue is not resolved to the satisfaction of both parties, attempt resolution of the issue via mediation in the state of Washington.
• If the issue is not resolved to the satisfaction of both parties, all parties agree to binding arbitration.