Last Modified: August 19, 2019
This Website is offered and available to users who are 13 years of age or older. You represent that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website without notice. You accept this could result in all or part of the Website being unavailable. We will not be liable if all or any part of the Website is unavailable at any time.
Intellectual Property Rights
Our Intellectual Property.
The Website and its entire contents, features, and functionality are owned by the Company, its licensors, or other providers of such material. Any ideas, suggestions, and feedback about us, our Website, or our Services that you provide to us are entirely voluntary, and you agree that Shut Up & Write!® may use such ideas, suggestions, and feedback without compensation or obligation to you.
Your intellectual property.
Content you have created belongs to you. We believe you should be free to share your content with anyone else, whenever you want. In order for us to use your content, including any User Contribution, you will need to give us permission to use your content.
You agree to grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, and worldwide license to use, distribute, modify, copy, display, translate, reproduce, perform, modify, adapt, prepare derivative works from and otherwise exercise editorial functions and disclose to third parties all or a portion of your content. These intellectual property policies are intended to protect you, us, and our members.
- In any way for an illegal purpose.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To impersonate or attempt to impersonate anyone else (including us).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
- To use the Website in any manner that could damage, impair or gain unauthorized access to the Website or interfere with any other party’s use of the Website.
The Website may contain interactive features (“Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website. The information you include in a User Contribution will be seen by others. All User Contributions must comply with our Content Standards.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant us, our affiliates and our service providers the license described in these Terms.
- All of your User Contributions comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You further acknowledge we may exercise the editorial options of your User Contribution we mentioned earlier in these Terms, such as decisions regarding the publication, withdrawal, postponement, or alteration of content (e.g., correcting spelling, removing obscenity, or trimming for length), which could result in the removal of a portion or all of your User Contributions in our sole discretion.
These content standards apply to any and all User Contributions and use of Interactive Services. We want Shut Up & Write!® to be a welcoming and safe place for our members, guests and fellow writers. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, lewd, lascivious, filthy, excessively violent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, bully, embarrass, alarm, or annoy any other person.
- Impersonate any person (including us), or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they come from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination
If we determine that you or anyone else has violated our terms and policies or could create liability for the Company, or for any or no reason, we may take a variety of actions to stop the behavior, from asking you nicely to knock it off up to banning accounts. If we must, we will take appropriate legal action, including referral to or cooperation with law enforcement authorities or a court order requesting us to disclose identity or other information, for any illegal or unauthorized use of the Website. You agree to waive and hold harmless the Company, its affiliates, licensees, and service providers from any claims resulting from any action from or during such investigations. Please be kind to each other and don’t do stupid things on our Website. We want to try to keep ourselves, our members, and others safe.
Although we may try, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not guaranty or warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including writers like yourself. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Online Purchases and Other Terms and Conditions
All purchases through our Website are governed by our Terms of Sale.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely for the content created by Shut Up and Write! ® and otherwise in accordance with any additional terms and conditions we provide regarding these features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
Links from the Website
If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
Although we attempt to make your access to and use of our Website and Services safe, do not guarantee that our Website or Services will be free of viruses or other destructive code. Your use of the Website, its content, and any services or items obtained through the Website, is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website is accurate, complete, reliable, current, or error free. To the extent allowed by law, the Company hereby disclaims all warranties, whether express, implied, statutory or otherwise. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the extent provided by law, the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors will not be liable for damages of any kind, including indirect, consequential, exemplary, incidental, special or punitive damages, or lost profits, under any legal theory, including contract, tort, negligence, strict liability, warranty or otherwise, arising out of or in connection with your use, or inability to use, the Website or our Services. To the fullest extent provided by law, in no event will the collective liability of the company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directory, to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the greater of $100.00 or the amount you have paid to the Company in the previous six months for the applicable content, product or service out of which the liability arose. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
We want you to enjoy our Website and Services, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at firstname.lastname@example.org.
At our discretion, we may require you to submit disputes between you and us to final and binding arbitration under the Rules of Arbitration of JAMS applying California law, unless this would be in conflict with other Company policies or legal rules.
Arbitration proceedings are ways to resolve disputes without use of the court system and you should consider asking a lawyer about this. By entering into agreements that require arbitration as the way to resolve fee disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration. You acknowledge that you have been informed that the grounds for appeal of an arbitration award are very limited compared to a court judgment or jury verdict.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms, the Website or our Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Consent to Electronic Communication
When you visit the Website, chat with us or send email to us, you are communicating with us electronically. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the shutupwrite.com Website, providing an email address in a chat conversation, or leaving a telephone message with an email address for customer service to respond, as a request that we communicate with you, which will likely be through email. If you request we contact you, you authorize us to use email with your personal information, which is not always secure and could be read others.
This electronic document, along with the other electronic documents, policies and guidelines of our Website are signed “writings” and electronic records established and maintained in the ordinary course of business.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Also, if any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms will remain in effect.
Your Comments and Concerns
This website is operated by Shut Up & Write!® of PO Box 318061, San Francisco, CA 94131
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.