A. ACCEPTANCE OF TERMS
- 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.
- 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: firstname.lastname@example.org ) (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
- 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.
- 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 email@example.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 firstname.lastname@example.org
- 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
- 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
- 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 email@example.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.
- Service Level Commitment
- 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.
- Termination and Cancellation
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.
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.
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.
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.
If you have questions about these Terms of Service or any other concerns related to the WTW Website, please email us at firstname.lastname@example.org.
Camper’s Consent and Release
Please read the terms of the Consent and Release below and, if you agree, respond accordingly.
Dear Write the World,
I understand that, by participating in a Write the World LLC (WtW) Virtual Writing Camp, my written work (Writing) may be collected, shared, and/or published in print and/or digital formats. I understand that you will recognize my Writing with a credit and will include my name. You may also include my age and home country.
In addition, I understand that a portion of the camp will be conducted via online meetings using the video conferencing platform Zoom, or a similar service, and I understand that I must appear on video or audio during these times (video is preferred). These online meetings will be recorded and made available to all camp participants. In addition, these recordings may be distributed to the general public in efforts to promote or educate others about WtW. I understand that during the online meetings the video platform will allow me to choose whether or not share my video feed.
In return, I agree that:
1) I retain the copyright to my Writing.
2) I give WtW and any people WtW designates the worldwide and perpetual non-exclusive right to use my Writing in any manner and all media, without restriction.
3) WtW may publish and use my Writing for educational, promotional, or any other purpose, in WtW’s discretion.
4) I created my Writing and my Writing does not include material copied from anyone else.
5) WtW is not obligated to publish my Writing.
6) I authorize WtW to use any recordings made in connection with the Virtual Writing Camp (Recordings) that contain my image, voice, likeness, name, or other recognizable features and transfer to WtW any rights, including worldwide copyrights, that I may have in the Recordings. I also agree that WtW and people designated by WtW have the right to edit, copy, distribute, and create derivative works from the Recordings, in any manner whatsoever.
6) I waive any claim and release WtW from any liability related to my Writing and the Recordings. I agree I am not entitled to any compensation in connection with my Writing or the Recordings.