Terms of Service
Last updated October 14, 2020
A. ACCEPTANCE OF TERMS
-
By using and/or visiting this website, herein called the “ WTW Website” (defined to collectively include (i) all content
available through the Writetheworld.com domain name and any
country-specific domains or subdomains thereof and (ii) any services
provided by Write the World LLC (“WTW”) from time to time), you
signify your agreement to (1) these terms and conditions (the “ Terms of Service”), and (2) WTW's Privacy Policy, available at:
https://writetheworld.com/privacy (the “Privacy Policy”). If you
do not agree to any of these Terms of Service or the Privacy Policy,
please do not use the WTW Website. Although we may attempt to notify
you when major changes are made to these Terms of Service, you should
periodically review the most up-to-date version. WTW may, in its sole
discretion, modify or revise these Terms of Service and policies at any
time, and you agree to be bound by such modifications or revisions.
Nothing in this Agreement shall be deemed to confer any third-party
rights or benefits.
-
By purchasing products for sale on the WTW Website or by subscribing
for the Program and/or any Continuing Services (each as defined in Section I below), you signify your agreement to these
Terms of Service and each of the terms set forth in Section I below governing such purchase or subscription for the Program
and/or the Continuing Services, as applicable.
B. WEBSITE
-
These Terms of Service apply to all users of the WTW Website (“ Users”), including Users who are purchasers of products and
services pursuant to Section I below and Users who are
contributors of text content, information, and other materials or
services on the WTW Website.
-
The WTW Website may contain links to third party websites that are not
owned or controlled by WTW. WTW has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any
third party websites. In addition, WTW will not and cannot censor or
edit the content of any third-party site. By using the WTW Website, you
expressly relieve WTW from any and all liability arising from your use
of any third-party website.
C. USER ROLES, SUBMISSIONS AND CONDUCT
-
User Roles
. When creating an account to use WTW, Users must designate themselves
as having the role of either a “Young Writer” or an “Educator.” A “ Young Writer” must be an active student between the ages of 13
and 18 years of age currently enrolled in a school, college,
university, or home school setting (and “Educational Institution
”), unless authorized in writing by a representative from WTW’s staff
(any such inquiries may be directed to:
support@writetheworld.com
) (the “WTW Administrator”). An “Educator” must be an
adult eighteen (18) years of age or older serving in a Qualified
Educational Role, as defined below. As used herein a “ Qualified Educational Role” shall mean any of the following
positions with an Educational Institution: teacher, teacher’s aide,
school administrator, academic counselor, guidance counselor, technical
coordinator, librarian, home school parent or other role authorized in
writing by the WTW Administrator.
-
Young Writers
. As a Young Writer, you may submit textual, audio, visual, or
audiovisual content within the public website as well as within any
public or private group of which you are a member, including but not
limited to stories, poetry, polls, profile images, forum messages,
comments, or reviews. As used herein, a “private group” means any
writing group on the WTW Website created by a WTW Administrator or an
authorized Educator, with exclusive membership for students in such
Educator’s class or writing group. Any Young Writer-submitted content
as described herein shall be collectively referred to as “ Young Writer Submissions.” You understand that whether or not
such Young Writer Submissions are published, WTW does not guarantee any
confidentiality with respect to any such Young Writer Submissions. WTW
will use commercially reasonable efforts to prevent the disclosure by
WTW of Young Writer Submissions generated in connection with the
Program or any Continuing Services (collectively with certain Educator
Submissions as set forth in Section C.3
below, “Program Submissions”) except with respect to the
disclosure of such submissions by WTW: (i) internally among WTW and its
employees, advisors, consultants, and other affiliates for purposes of
providing, implementing, and improving the Program and the Continuing
Services (the “Permitted Purposes”); (ii) with the Young
Writer’s prior written consent; (iii) in order to comply with a
subpoena, court order, or to otherwise comply with applicable law; or
(iv) as otherwise permitted herein.
-
Educators
. As an Educator, you may only submit textual, audio, visual, or
audiovisual content within any private group of which you are a member
or a manager, including but not limited to (i) stories, poetry, polls,
profile images, forum messages, comments, or reviews of Young Writer
Submissions, or (ii) content, prompts, review questions or resources
you create or modify to be used by the Young Writers in your group.
Educators are not permitted to publish, comment, or provide reviews of
any Young Writer in the open global site unless said Young Writer is an
authorized member of a group managed by the Educator, or if authorized
by the WTW Administrator. Any Educator-submitted content or group
manager-created content as described herein shall be collectively
referred to as “Educator Submissions.” You understand that
whether or not such Educator Submissions are published, WTW does not
guarantee any confidentiality with respect to any Educator Submissions.
WTW will use commercially reasonable efforts to prevent the disclosure
by WTW of Educator Submissions generated in connection with the Program
or any Continuing Services (which shall also be included in the
definition of “Program Submissions,” as defined above) except with
respect to the disclosure of such submissions by WTW: (A) for the
Permitted Purposes; (B) with the Educator’s prior written consent; (C)
in order to comply with a subpoena, court order, or to otherwise comply
with applicable law; (D) in any written materials published by WTW such
as a literary journal or marketing materials; or (E) as otherwise
permitted herein. “Young Writer Submissions” and “Educator Submissions”
are herein referred to collectively as “User Submissions.”
-
You shall be solely responsible for your own User Submissions. If you
are an Educator, you shall also be responsible for ensuring that the
Young Writer Submissions of any private group for which you serve as a
designated “manager” comply with these Terms of Service and the posted
guidelines and other rules published on the WTW Website from time to
time. In connection with User Submissions, you affirm, represent,
and/or warrant that: you own or have the necessary licenses, rights,
consents, and permissions to use and authorize WTW to use all patent,
trademark, trade secret, copyright or other proprietary rights in and
to any and all User Submissions and have all necessary consents to
collect, use and disclose any personally identifiable information
contained or displayed in any and all User Submissions to enable
inclusion and use of the User Submissions in the manner contemplated by
the WTW Website and these Terms of Service.
-
For clarity, you retain all of your ownership rights in your User
Submissions. However, except as provided below, by submitting User
Submissions to WTW, you hereby grant WTW and its affiliates a
worldwide, non-exclusive, royalty-free, transferable license to use,
reproduce, distribute, display, and perform such User Submissions in
connection with the WTW Website. With respect to any User Submissions
that are not Program Submissions, you also hereby waive any moral
rights you may have in such User Submissions and grant each User a
non-exclusive license to access such User Submissions through the WTW
Website. Notwithstanding the foregoing, WTW shall use commercially
reasonable efforts to prevent the disclosure of Program Submissions by
WTW except for the Permitted Purposes or except as otherwise permitted
in these Terms of Service, unless the User responsible for such Program
Submission(s) has consented to such disclosure. You understand and
agree that WTW may retain server copies of User Submissions that have
been removed or deleted from the WTW Website.
-
In connection with User Submissions, you further agree that you will
not submit material that is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner and the necessary consents from
any individuals whose personally identifiable information is contained
in such material to post the material and to grant WTW all of the
license rights granted herein.
-
WTW does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and WTW expressly
disclaims any and all liability in connection with User Submissions
both in public or private writing groups. WTW does not permit copyright
infringing activities and infringement of intellectual property rights
on the WTW Website, and WTW will remove any User Submission if properly
notified that such User Submission infringes on another’s intellectual
property rights or contravenes any applicable privacy legislation. WTW
reserves the right to remove any User Submissions without prior notice.
-
WTW reserves the right, in its sole discretion and at any time, to:
(i) remove any User Submissions from the WTW Website,
(ii) terminate the account of any User responsible for such User
Submissions, (iii) if applicable, delete any private group in which any
such User Submissions are uploaded, or (iv) in the case of Users
participating in the Program or any Continuing Services, terminate the
account of any User who engages in any behavior falling into these
categories. The following list of categories of User Submissions that
are not permitted is illustrative, not exhaustive, and, while intended
to inform Users of content that may be deemed to be objectionable, WTW
reserves the right, in its sole discretion, to remove any User Submission,
or terminate any User account as noted above:
-
Hate speech against individuals or groups, on the basis of race,
ethnic origin, religion, disability, gender, age, or sexual
orientation
-
Abusive language
-
Cyber-bullying
-
Pedophilia
-
Explicit content with the sole purpose of intending to arouse
-
Rape or non-consensual sex
-
Glorification of any illegal act
-
Glorification of violence
-
Self-harm and suicide
-
Plagiarism, or entering another person’s content in any form as
your own without proper citation or acknowledgment
-
Phishing, embedding links to third party websites in User Submissions, or similar activities
-
Use of the WTW Website for commercial purposes, including advertisements, promotional materials, and solicitation of customers or donations
-
Any other behavior that is prohibited by these Terms of Service or is otherwise illegal or inappropriate, in WTW’s sole discretion
-
WTW may disclose the content of User Submissions (including, without
limitation, any Program Submissions) and related User account
information to local, state, and federal government and law enforcement
agencies to the extent it deems appropriate, in WTW’s sole and absolute
discretion.
-
Users participating in the Program or any Continuing Services shall
follow the guidance of their assigned advisor in good faith,
complete all activities and/or module(s) thereof within a
reasonable time consistent with the deadlines specified by the
Program or such User’s advisor, and shall conduct themselves in a
courteous and respectful manner while engaging with such advisor
and the greater WTW Website community. Upon any violation by a User
of this Section
C
.
9
, as determined by the WTW Website in its sole discretion, the WTW
Website may terminate such User’s account and such User’s further
participation in the Program and/or any Continuing Services, as
provided in Subsection I.2.c.iii below.
D. ACCOUNTS
-
In order to access some features of the WTW Website, you will have to
provide WTW with certain registration information to create a WTW
account. To create a Young Writer account, you will, among other
things, provide WTW with a valid e-mail address, country and
date-of-birth, and select a username and password. To create an
Educator account, you will, among other things, provide WTW with a
valid e-mail address, school name, address, country and telephone
number, and select a username and password. You shall not use a
username or password that WTW, in its sole discretion, deems offensive
or inappropriate. When creating your account, you must provide
accurate, truthful and complete information. WTW reserves the right to
deny creation of your account based on WTW's inability to verify the
authenticity of your registration information. You are solely
responsible for the activity that occurs on your account, and you must
keep your account password secure. You must notify WTW immediately by
sending an email to support@writetheworld.com of any known or suspected
breach of security or unauthorized use(s) of your account including
loss, theft, or unauthorized disclosure of your password, credit card
information, or other account information.
-
Although WTW will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of
WTW or others due to such unauthorized use.
-
You will not create an account if you are under 13 years of age.
-
You will not use the WTW Website if you are a convicted sex offender.
-
You are encouraged to create no more than one account. Using multiple
accounts for any malicious activity will result in immediate account
termination.
-
Except as otherwise provided herein with respect to the Program and the
Continuing Services, the administration of the WTW Website reserves the
right to terminate any account without notice.
E. ACCOUNT TERMINATION POLICY
-
WTW may terminate a User’s access to the WTW Website and any private
group(s) to which such User belongs if, under appropriate
circumstances, such User is determined to be an infringer, or based on
WTW’s belief that false or incorrect information was provided when
registering with WTW, or if WTW is unable to verify the authenticity of
such User’s registration information.
-
WTW reserves the right to determine, in its sole discretion, whether a
User Submission is appropriate and complies with these Terms of Service
including, without limitation, with whether a User Submission violates
Section C.8, above. WTW may remove a User Submissions and/or terminate
a User’s account for uploading any material determined by WTW, in its sole
discretion, to violate these Terms of Service or to detract from the purpose
of the WTW Website.
F. COPYRIGHT POLICY
-
As part of WTW’s copyright policy, WTW may terminate User access to the
WTW Website if a User has been determined to be an infringer. To file a
copyright infringement notification with us, you will need to send a
communication to us containing all of the following information, using
this format:
-
Include a statement telling us that you have found content on WTW
which you believe infringes your copyright (for example, “I hereby
confirm that I believe the story identified below infringes my
copyright”).
-
Tell us which country your copyright applies to.
-
Tell us the title of the content concerned and the full URL for its
page.
-
Explain to us in what way that content infringes your copyright
(e.g. the text is copied, the entire story is a copy of an original
work made by you, etc.)
-
Identify the type (e.g. a book, a short story, a poem, etc.). and
details of (e.g. title, publisher, dates, etc.) the copyright work
which you own the rights in, and which you believe has been
infringed. If this information is available on the internet, it is
helpful to send us a link.
-
Provide contact information so that we can get in touch with you
(email address is preferred).
-
Provide contact information which we can pass on to the submitter
of the content concerned, so that they can get in touch with you to
resolve your complaint directly (email address is preferred).
-
Include the following statement: “I have a good faith belief that
use of the copyrighted work described above is not authorized by
the copyright owner (or by a third party who is legally entitled to
do so on behalf of the copyright owner) and is not otherwise
permitted by law. I swear that the information contained in this
notification is accurate and that I am the copyright owner or have
an exclusive right in law to bring infringement proceedings with
respect to its use.”
-
Sign the notice. If you are providing notice by e-mail, a scanned
physical signature or a valid electronic signature will be
accepted.
-
Send the notice, in English, to support@writetheworld.com
-
Please also note that the information provided in this legal notice
may be forwarded to the person who provided the allegedly
infringing content.
-
Make sure you know whether the content that you have seen on the WTW
Website infringes your copyright. Be aware that there may be adverse
legal consequences in your country if you make a false or bad faith
allegation of copyright infringement by using this process.
-
If you submit a User Submission to the WTW Website, then you authorize
WTW to act as your agent to issue take down notices under the Digital
Millennium Copyright Act (the “DMCA”) and/or any other similar
legislation that allows for the submission of requests to Internet
service providers for the removal of infringing or allegedly infringing
copyright materials that are contained in or displayed on such service
provider’s platforms and/or services. In general, you will be
responsible for monitoring and enforcing your rights in your User
Submissions. However, in certain cases if WTW becomes aware of
infringement by User Submissions and/or Content present on the WTW
Website, then WTW may in its sole discretion elect to issue take down
notices under the DMCA or similar legislation to attempt to curtail
such infringement.
G. GENERAL USE OF THE WTW WEBSITE
-
WTW hereby grants you permission to access and use the WTW Website as
set forth in these Terms of Service, provided that:
-
You agree not to distribute in any medium any part of the WTW
Website, including but not limited to User Submissions or Content,
without WTW’s prior written authorization.
-
You agree not to alter or modify any part of the WTW Website or any
Content except as specifically permitted by WTW in writing,
including for example, in your capacity as an authorized manager of
a WTW-created private group where you may be permitted to create
and modify Content as permitted by the tools and permissions
provided within said private group.
-
You agree not to access User Submissions or Content through any
technology or means other than the WTW Website itself.
-
You agree not to use the WTW Website for any commercial use without
the prior written authorization of WTW. Prohibited commercial uses
include any of the following actions taken without WTW’s prior
written approval:
-
sale of access to the WTW Website or its related services on
another website; use of the WTW Website or its related services
for the primary purpose of gaining advertising or subscription
revenue;
-
the sale of advertising, on the WTW Website or any third-party
website, targeted to any User Submissions or Content
-
promoting or advertising other businesses, regardless of whether such businesses compete with or otherwise are related to the WTW Website;
-
solicitation of donations from Users or any other fundraising activities;
-
directing Users to third-party websites via the use of embedded URLs or similar links; and
-
any use of the WTW Website or its related services that WTW
finds, in its sole discretion, to use WTW’s resources or User
Submissions with the effect of competing with or displacing the
market for the WTW Website, Content, or User Submissions.
-
You agree not to use or launch any automated system, including
without limitation, “robots,” “spiders,” or “offline readers,” that
accesses the WTW Website in a manner that sends more request
messages to the WTW servers in a given period of time than a human
can reasonably produce in the same period by using a conventional
on-line web browser. Notwithstanding the foregoing, WTW grants the
operators of public search engines permission to use spiders to
copy materials from the site for the sole purpose of and solely to
the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such
materials. WTW reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest
any personally identifiable information, including account names,
from the WTW Website, nor to use the communication systems provided
by the WTW Website (e.g. comments, email) for any commercial
solicitation purposes. You agree not to engage in any “phishing” or similar activities intended to induce Users to provide personal or financial information to you via the WTW Website. You agree not to solicit, for commercial purposes, any Users with respect to their User Submissions.
-
In your use of the WTW Website, you will otherwise comply with the
terms and conditions of these Terms of Service and all applicable
local, national, and international laws and regulations.
-
WTW reserves the right to discontinue any aspect of the WTW Website
at any time.
H. USE OF CONTENT ON THE SITE
-
In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of Content
on the WTW Website.
-
Any and all content on the WTW Website, except all User
Submissions, including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive
features and the like (“Content”) and the trademarks,
service marks and logos contained therein (“Marks”), are
owned by or licensed to WTW, subject to copyright and other
intellectual property rights under applicable law. Content on the
WTW Website is provided to you AS IS for your information and
personal use only and may not be downloaded, copied, modified,
produced, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, translated, published, performed or
otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. WTW reserves all
rights not expressly granted in and to the WTW Website and the
Content.
-
As a Young Writer, you may access User Submissions solely:
-
for your information and personal use;
-
as intended through the normal functionality of the WTW
Website;
-
As an Educator, you may only view Young Writer Submissions on the
public site and create, view, publish, and provide reviews and
comments on Young Writer Submissions within a private group:
-
for educational purposes;
-
as intended through the normal functionality of the WTW
Website;
-
You may access WTW Content and User Submissions only as permitted
under this Agreement. WTW reserves all rights not expressly granted
in and to the Content and the WTW Website.
-
You agree to not engage in the use, copying, or distribution of any
User Submissions or Content other than as expressly permitted
herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the WTW Website for
any commercial purposes.
-
You agree not to circumvent, disable or otherwise interfere with
security-related features of the WTW Website or features that
prevent or restrict use or copying of any Content or enforce
limitations on use of the WTW Website or the Content therein.
-
You understand that when using the WTW Website, you will be exposed
to User Submissions from a variety of sources, and that WTW is not
responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You
further understand and acknowledge that you may be exposed to User
Submissions that are inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against
WTW with respect thereto, and agree to indemnify and hold WTW, its
owners, operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your
use of the WTW Website.
I. PAID SERVICES AND TRANSACTIONS
-
General.
-
All fees or other amounts payable to WTW in connection with your
purchase of products or services from WTW, including but not
limited to (i) the WTW College Essay Program (the “Program”)
and (ii) continuing coaching and advisory services thereafter (such
services, “Continuing Services”), shall be due and payable
in full in U.S. dollars (without deduction of any charges, taxes or
other amounts) upon such initial purchase or subscription, in each
case via the WTW Website. WTW may impose or deduct foreign currency
processing costs on or from any payments made to WTW in currencies
other than U.S. dollars. The total price paid to WTW will include
the price of the product(s) purchased or the services subscribed
for, plus any applicable taxes based on the billing address
provided to WTW at the time of payment.
-
By submitting payment to WTW via the WTW Website, you hereby (i)
represent and warrant that you are at least eighteen (18) years of
age and are submitting such payment to WTW via an account held by
you on behalf of yourself or the individual participating in the
Program or Continuing Services, as applicable; (ii) authorize WTW
to charge the payment method provided to WTW (e.g., PayPal, credit
card, or debit card) for the total amounts payable to WTW; (iii)
agree to provide customary billing information such as your name,
billing address and other relevant information to WTW or its
third-party payment processor; and (iv) understand that WTW shall
not be responsible for any fees charged to you by your bank, credit
card company, or other currency provider in connection with any
payments submitted to WTW, and that WTW disclaims all liability
with respect to the accrual or payment of any such fees.
-
College Essay Program and Continuing Services
-
Educators
-
Following your registration with WTW and subscription for the
Program, WTW, in its sole discretion, will match you with a WTW College Essay Educator
who will coordinate your progression through the
Program. Except with respect to biographical information for
each Educator set forth on the WTW Website, WTW makes no
representation or warranty regarding the qualifications or
expertise of any Educator assigned to you in connection with the
Program or any Continuing Services.
-
Following the conclusion of the Program, you may elect to
subscribe for Continuing Services with a WTW College Essay Educator, subject
to the terms and conditions of paragraph (a)(i) above.
-
In the event that you, as a parent or guardian of a Program or
Continuing Services participant, have questions regarding the
Program or the Continuing Services, WTW College Essay Educators will
be your first point of contact with respect to such questions.
If you have a question that you do not feel is appropriate to
ask your assigned Educator, you may direct such question to
hello@writetheworld.com
.
-
Service Level Commitment
-
WTW shall use commercially reasonable efforts to ensure that
the WTW Website maintains reasonably uninterrupted
functionality and availability for Program and Continuing
Services participants, and will make reasonable efforts to
provide advance notice to such participants of any scheduled
downtime to the WTW Website. In the event that you are unable
to access or complete one or more modules of the Program due to
unscheduled downtime of the WTW Website or other technical
issues related to WTW’s hosting partners, servers, or other
technical aspects of the WTW platform, you shall be permitted
to re-take such module(s).
-
Notwithstanding the foregoing, WTW shall have no responsibility
for any technical issues you may encounter while using the
Program or any Continuing Services that are outside of WTW’s
control, including but not limited to: (i) issues with the
device(s) used by you to access the WTW website; or (ii) your
access to the internet.
-
Termination and Cancellation
-
College Essay Program.
No refunds will be provided for any Program subscription fees,
and any non-use by you of the features or offerings of the Program
will in no way entitle you to any refunds, pro-rated or otherwise,
of any fees previously paid by you to WTW.
-
Continuing Services.
Continuing Services shall be provided following the
conclusion of the Program in hourly or per-session increments
as offered on the WTW Website. Any fees prepaid
to WTW in connection with Continuing Services shall be
non-refundable, and any non-use of such services shall in no
way entitle you to substitute or replacement services provided
by WTW.
-
Termination by WTW.
WTW may elect to terminate your
participation in the Program or the Continuing Services in
the event that you violate any of these Terms of Service,
including, without limitation Section C
"User Roles, Submissions and Conduct". In the event that WTW
terminates your participation in the Program or the Continuing
Services pursuant to the preceding sentence, you shall not be
entitled to any refund for prepaid fees or any substitute or
replacement services provided by WTW.
By subscribing for the Program or any Continuing Services, you hereby agree
and confirm that your use of such services shall be governed by these Terms
of Service.
J. WARRANTY AND CONDITION DISCLAIMER
YOU AGREE THAT YOUR USE OF THE WTW WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WTW , ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT
EXECUTE MOBILE APPLICATIONS ACCESSING WTW) DISCLAIM ALL WARRANTIES AND
CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY,
CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING
BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE,
OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT
OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WTW WEBSITE AND YOUR USE
THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. WTW MAKES
NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO
THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY,
BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE WTW WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE WTW WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WTW WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
WTW WEBSITE. WTW EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND
OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY,
WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. WTW DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WTW WEBSITE OR
ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WTW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE
UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS
ARE HEREBY DISCLAIMED.
K. LIMITATION OF LIABILITY
IN NO EVENT SHALL WTW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL
OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF THE WTW WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE WTW WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WTW WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
WTW WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE
OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH
ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR
IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, WTW’S TOTAL LIABILITY FOR ALL DAMAGES ARISING
OUT OF OR RELATED TO THE WTW WEBSITE OR THESE TERMS OF SERVICE, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE
TOTAL AMOUNT OF FEES PAID BY YOU TO WTW DURING THE PRIOR TWELVE (12)
MONTHS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT WTW SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
WTW makes no representations that the WTW Website is appropriate or
available for use in their locations. Those who access or use the WTW
Website do so at their own volition and are responsible for compliance with
local law.
L. INDEMNITY
You agree to defend, indemnify and hold harmless WTW, its parent
corporation, officers, directors, employees and agents, from and against
any and all claims, demands, causes of action, damages, obligations,
losses, liabilities, costs or debt, and expenses, (including but not
limited to reasonable legal fees) arising from: (i) your use of and access
to the WTW Website; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without
limitation any copyright, intellectual property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of
Service and your use of the WTW Website.
M. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than the age of majority in your
jurisdiction of residence, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by and comply
with these Terms of Service. You affirm that you are over the age of 13, as
the WTW Website is not intended for children under 13.
N. ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by WTW without
restriction.
O. GENERAL
You agree that: the WTW Website shall be deemed a passive website that does
not give rise to personal jurisdiction over WTW, either specific or
general. These Terms of Service, together with the Privacy Policy and any
other legal notices published by WTW on the WTW Website, shall constitute
the entire agreement between you and WTW concerning the WTW Website. If any
provision of these Terms of Service is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms of Service, which
shall remain in full force and effect. No waiver of any term of this these
Terms of Service shall be deemed a further or continuing waiver of such
term or any other term, and WTW's failure to assert any right or provision
under these Terms of Service shall not constitute a waiver of such right or
provision. Any use of the words “you” or “your” in these Terms of Service
refers to the end user of the services provided by WTW and/or any parents
or guardians of such end users assisting or supervising such end users in
navigating and using the services provided by WTW, as applicable. WTW
reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for
any changes. Your use of the WTW Website following any amendment of these
Terms of Service will signify your assent to and acceptance of its revised
terms.
TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND WTW AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WTW WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
CONTACT US
If you have questions about these Terms of Service or any other concerns
related to the WTW Website, please email us at support@writetheworld.com.