Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

The following legal restrictions and terms of use (“Terms of Use“) apply to the artandwriting.org web site of the ALLIANCE FOR YOUNG ARTISTS & WRITERS, INC. (the “Alliance“, “we“, “us” or “our“), any successor site, and any other web site owned and/or operated by or on behalf of the Alliance that links to these Terms of Use and/or states that it is governed by these Terms of Use (each of which is referred to in these Terms of Use as the “Website.

By accessing or using this Website, you accept and agree to be legally bound by these Terms of Use and any additional terms and conditions presented on the Site (“Additional Terms“), including, without limitation, the Alliance’s onlinePrivacy Policy,and our terms and conditions with respect toThe Scholastic Art & Writing Awards, such as, for example, our terms and conditions with regard to your eligibility for, entry into, and submission, use and return of student works and grant of scholarships and awards inThe Scholastic Art & Writing Awards  competition). To the extent that there is any conflict or inconsistency between these Terms of Use and any Additional Terms directed to any specific matter, the Additional Terms shall govern with respect to the specific matter concerned.

You may not access or use this Website if you (i) do not agree to these Terms of Use; or (ii) are prohibited from accessing or using this Website or any Website Content by applicable law.

The Alliance reserves the right to change these Terms of Use from time to time in its sole discretion with or without prior notice. Your continued use of this Website after a posted change in these Terms of Use will constitute your acceptance of and agreement to such changes. You are advised to visit this page regularly in order to keep informed of any changes in these Terms of Use. In the case of any violation of these Terms of Use, we reserve the right to seek all remedies available for such violation, whether by law, in equity or otherwise. 

OWNERSHIP OF WEBSITE AND WEBSITE CONTENT

This Site is owned and operated by the Alliance for Young Artists & Writers, Inc. and/or, in the case of certain features, its third-party service providers. Unless otherwise expressly indicated in these Terms of Use or elsewhere on the Website, all Website Contentis the sole and exclusive property of the Alliance and/or its licensors, and is protected, without limitation, pursuant to U.S., foreign and international copyright, trademark and other intellectual property laws. Without limitation of the foregoing, the trademarks, service marks, logos, domain names, page headers, button icons, graphics, color schemes and trade dress (“Marks“) displayed on this Website are the exclusive property of the Alliance or third parties. You are not permitted to, and agree that you will not, use any Mark without the prior written consent of the Alliance and/or such third-party owner of the Mark. 

Neither these Terms of Use, nor any act by you in connection with this Website or any Website Content (including, but not limited to, any downloading or use of any portion of the Site), shall constitute or result in any transfer of any right, title or interest of the Alliance and/or its licensors relating to the Website or any Website Content (including, without limitation, any Software, in whole or in part. All rights in the Website and Website Content are reserved by the Alliance and its licensors subject only to such limited license and permissions as are expressly granted and in effect pursuant to these Terms of Use.

The term “Website Content” as referred to in these Terms of Use means any and all screens, pages, text, graphics, designs, images, artwork, information, software, code, links, scripts, output, materials and other content available on or through this Website, or any expression, collection, compilation, selection or arrangement of the foregoing.

No license or permission is granted to you, including, but not limited to, any license or permission to copy, reproduce, distribute, publish, transmit, download, publicly display, or modify this Website or any of the Website Content, in any manner, to any extent, by any means, in any medium or for any purpose, except as expressly provided in these Terms of Use. 

USE OF WEBSITE AND WEBSITE CONTENT

Subject to the terms and conditions of these Terms of Use, the Website is provided by the Alliance, and this Terms of Use provides to you a personal, limited, revocable, non-exclusive, royalty-free, non-transferable license to use the Website to download and view, on a single computer, one copy of the screens and materials displayed by the Alliance on the Website, and to print only such limited number of hard copies of discrete portions of those screens and materials as are desired or needed for your own personal, non-commercial use for educational, artistic and/or literary purposes,  provided that, in each case, you keep intact all associated copyright and other proprietary notices displayed on the Website.

You agree that you will not yourself, and will not induce, assist, or cause others to, directly or indirectly, for any purpose, to any extent, by any means, or in any form, format or medium whatsoever, whether now known or hereafter developed (including, but not limited to, via the Internet or any other public or private computer, communications or data network):

  • upload,download, archive, store, copy, reproduce, compile, recompile, use, modify, adapt, translate or prepare any summaries, abstracts, derivative works or materials of this Website or any Website Content, in whole or in part (except as and to the extent expressly authorized by the limited permissions and license to view, use and copy Website Content granted to you by these Terms of Use);
  • disassemble, decompile, reverse engineer or otherwise attempt to derive or extract the source code of any of the Software comprised by this Website or any Website Content;
  • access, use, disclose, upload, publish, post, transmit, publicly display, distribute or provide or permit access to, in any way for any public distribution oradvertising, promotional or commercial purpose, this Website or any Website Content, or any modifications, adaptations, translations, summaries, abstracts or derivative works or materials thereof;
  • collect, compile or recompile any Website Content;
  • frame or otherwise display or use the Website or any Website Content on any other web site or networked computer environment;
  • disclose, publish, transmit, display, distribute, or provide or permit access to any user name or identification, password, or access code, any Website Content designated as “Confidential”, or any restricted-access portion of this Website or of any Website Content, or any modifications, adaptations, translations, summaries, abstracts or derivative works or materials of any of the foregoing (each of the foregoing referred to herein as “Confidential Information“), in whole or in part, to any person or entity other than on a confidential, “need-to-know” basis to persons who (i) have read and agreed to be legally bound by these Terms of Use and (ii) need access to such Website Content for the limited purposes expressly authorized by these Terms of Use; 
  • access, use, disclose, publish, transmit, distribute, display, provide or permit access to, this Website or any Website Content or any modifications, adaptations, collections, compilations, recompilations, translations, summaries, abstracts or derivative works or materials thereof, in whole or in part, (i) to the detriment of the Alliance, or (ii) for purposes of any public or commercial use or exploitation;
  • transfer, license, sublicense, sell, lease, rent, loan, trade, exchange this Website or any Website Content, or any modifications, adaptations, collections, compilations, recompilations, translations, summaries, abstracts or derivative works or materials thereof, in whole or in part;
  • do anything inconsistent with any of the Alliance’s or its licensors’ intellectual property or other proprietary rights in respect of this Website or any Website Content or Confidential Information, or with any permission, license or restrictions hereunder;
  • delete, edit, efface, mask, obscure or alter any part, aspect or feature of the Website or any Website Content, or any copyright, trademark or other proprietary or confidentiality notice used or posted by the Alliance in connection therewith;
  • access or use this Website or any Website Content in any unlawful manner or for any unlawful purpose;
  • damage, disrupt, disable, inhibit, restrict, overload, overburden, or interfere with the operation, or others’ access to or use, of this Website or any Website Content;
  • attempt to gain any unauthorized access to this Website or any Website Content (including any non-public area of this Website or of the Alliance’s computer system); access this Website or any Website Content by means other than the interface provided by the Alliance or through the platforms or portals of persons expressly authorized to link to this Website; collect or use any e-mail addresses,conduct any data mining or harvesting, or use any robot, web crawler or other data mining, gathering or extraction software, tool, method or technology to obtain access to, or information, data or other content from or through, this Website; or
  • create or maintain any link between another Website and this Website or any part hereof without the Alliance’s prior written approval.

The copying, reproduction, republication, uploading, downloading, posting, transmission, distribution, display, performance or other accessing or use of any Website Content in any manner or for any purpose other than as and to the extent expressly permitted by these Terms and Conditions, breach of this Website’s system or network security and/or modification of any Website Content is a violation of the copyright, trademark, trade secret and/or other proprietary rights of the Alliance or others and may result in civil or criminal liability.

In the event the express terms of this Website permit you to download software from the Site, you are hereby granted, a limited, revocable, non-exclusive, non-transferable, fully-paid, royalty-free license solely to operate one copy of the software on a single computer in object code form, including the license to view any files, images incorporated in or generated by, and data accompanying, the software (together, the “Software”) solely for non-public, non-commercial purposes, in accordance with the terms and conditions of these Terms of Use.

 

You will, and hereby do, irrevocably assign to the Alliance and its successors and assigns all right, title and interest (including all copyrights and other intellectual property rights) in, to and under all and any portion of any writings, expressions and other works and materials originated, created, compiled or developed by you or on your behalf that use or incorporate, or are based on or derived from, all or any portion of the Website or any Website Content (including any Confidential Information) in any electronic, written or other form, format or medium now known or hereafter developed (“Website Modifications“). To the extent that any such right, title or interest is inalienable under applicable law, you hereby waive and agree not to exercise any such right, title or interest against the Alliance, its Website users, agents, service providers, licensees and/or licensors. If and to the extent that the foregoing assignments and waiver are deemed unenforceable or invalid, or otherwise fail to transfer to the Alliance any such right, title or interest in respect of any such Website Modification, you will and hereby do grant or cause to be granted to the Alliance and its successors and assigns a fully-paid, royalty-free, exclusive, perpetual, irrevocable, transferable, worldwide right and license, with the right to sublicense, to use, copy, reproduce, modify, adapt, translate, collect, compile, recompile and prepare summaries, abstracts, derivative works, improvements, and enhancements of such Website Modification, and to publicly display, distribute, perform and otherwise use and exploit the foregoing, without identifying the author or seeking your prior consent. The rights, licenses and obligations set forth in this paragraph shall survive any modification, revocation, expiration  or termination of these Terms of Use.You agree to take all reasonable steps (including, without limitation, the preparation, signing and delivery of any assignments and/or other documents or instruments), at the Alliance’s expense, as the Alliance may request to perfect, evidence, record or enforce the Alliance’s or its licensors’ intellectual property or other proprietary rights in respect of the Website, Website Content or Confidential Information, or any modifications, adaptations, collections, compilations, recompilations, translations, summaries, abstracts or derivative works or materials based thereon or derived therefrom. The rights, licenses and obligations set forth in this paragraph shall survive any modification, revocation, expiration  or termination of these Terms of Use.

You agree that:  (i) you will safeguard the confidentiality of the Confidential Information by taking all precautions with respect to the Confidential Information that you take to protect your own confidential and proprietary information, in no event using less than a reasonable degree of care; and (ii) you will immediately notify the Alliance of any unauthorized access to or use of this Website or any Website Content or Confidential Information, including, without limitation, your Website user profile, registration, password, user name or identification, access code or account. The rights, licenses and obligations set forth in this paragraph shall survive any modification, revocation, expiration  or termination of these Terms of Use.

USER UPLOADS AND CONDUCT

Please be aware that, generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of the Website. Please be sure that any such information is information that you are comfortable sharing with the public.

You hereby grant the Alliance and its agents, service providers and licensees a worldwide, royalty-free, fully-paid, irrevocable and perpetual, non-exclusive license to use, including, without limitation, the right to prepare adaptations and other derivative works and material of, and to copy, reproduce, publish, perform, display and distribute, alone or in combination with other content, works and/or material, in any and all forms, formats and media now known or hereafter devised (i) any remarks, suggestions, ideas, graphics, information, materials, communications, works and other content you upload to, post on, or distribute through the Website, including, without limitation, via message boards, chat rooms, blogs or any other features on the Website (each a “User Upload“) and (ii) any adaptations or other derivative works and/or material prepared by or on behalf of the Alliance based on or derived from any such User Upload, in whole or in part. The rights, licenses and obligations set forth in this paragraph shall survive any modification, revocation, expiration  or termination of these Terms of Use.

You represent, warrant and covenant that:  (i) you control (by ownership or otherwise) all rights to the User Uploads you provide or make available to the Website, and have all rights, power and authority required to provide such User Uploads to the Site and to grant the license to the User Uploads set forth in these Terms of Use; (ii) all your User Uploads are and will be true, current and accurate as of the time they are made; (iii) no use of your User Uploads will violate or infringe any rights of, or cause any injury to, any person or entity; (iv)you are and will be solely responsible for all your User Uploads in all respects, including, without limitation, with regard to the nature and accuracy of content and all required rights of reproduction, publication and disclosure, and for any loss or damage the Alliance or others may suffer as a result of or in connection with any such User Upload or User Uploads, in whatever location, form or manner such User Upload or User Uploads may be uploaded, posted, displayed or transmitted (e.g., whether via message board postings, comments made in chat rooms, and/or by or through any other features on the Website); (v). the Alliance is not and will not be responsible for any User Uploads in any respect, including, without limitation, with regard to the nature or accuracy of content or any infringement or violation of rights of publication or nondisclosure, in whatever location, form or manner such User Uploads may be uploaded, posted, displayed or transmitted  (e.g., whether via message board postings, comments made in chat rooms, and/or by or through any other features on the Website).

The Alliance is not required to treat any User Upload as confidential or to provide any compensation or consideration for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, preparation of summaries, abstracts, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing, or other use of any ideas or other User Uploads, or any tangible or intangible subject matter similar to any User Upload, or using, incorporating, derived from or based on any User Upload, in whole or in part.

You agree that you will not yourself, and will not induce, assist, or cause others to, directly or indirectly upload, post, display or transmit on, to or through the Website any content, code or other User Upload that:

  • consists of or contains any viruses, bugs, worms, trojan horses or other harmful computer code;
  • is plagiarized, false, fraudulent, deceptive, tortious, illegal, obscene, pornographic, threatening, harassing, hateful, abusive, vulgar, indecent, libelous, defamatory, racially, ethnically or otherwise objectionable, invasive of privacy or publicity rights, infringing of intellectual property rights, or embarrassing, harmful or injurious to any person or entity, or would constitute or encourage a criminal offense or violate the rights of any person or entity, or would give rise to liability or violate any law;
  • consists of or contains any impersonation or false, deceptive, incorrect, inaccurate, or non-current registration information, e-mail address or identification information or designation, including any misrepresentation of affiliation or association; or
  • consists of or contains any commercial solicitation, mass mailing, junk mail, spam or chain letter, or political campaign material.

You agree to comply with all laws that apply or may apply to your use of or activities on the Website and any rules for conduct on the Website or for use of specific features and/or services offered thereon that the Alliance may post from time to time on the Site, whether in these Terms of Use or otherwise.

The Alliance reserves the right (but shall have no obligation): (i) to save and archive any User Upload or Website Content, (ii) to disclose any User Upload or other information as necessary or appropriate to comply with any law, regulation or governmental request or legal process, to operate the Website, to respond to claims that any User Upload or Website Content violates any property, privacy, publicity or other right of any person or entity, or to protect the rights, property or safety of the Alliance or third parties; and (iii) to update, screen, monitor, filter, review, remove, edit and/or close any content or feature of the Website, in whole or in part, including, without limitation, any User Upload, thread or posting in any chat room, and/or any similar or other content or feature, at any time for any reason, in the Alliance’s sole discretion; in each case ((i) through (iii)) with or without notice to you.

NO PERSONAL ADVICE

Any informational materials provided on or through the Website, including, without limitation, the opinions and/or recommendations of any authors, judges and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, the Alliance makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided on or through  the Website. If you have concerns, or a situation in which you require professional advice, you should consult with an appropriately qualified professional in the relevant field.

PRIVACY

Please click onto and review our Privacy Policy, the terms and conditions of which are incorporated by reference in these Terms of Use governing your access to and use of the Website. You hereby agree to our Privacy Policy, which governs, among other things, the terms and conditions of our collection, protection, use and disclosure of information about you.

THIRD PARTIES

Any communications and/or dealings with third parties who you encounter via the Website are solely between you and such third party. You agree that the Alliance shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such communications or dealings. In addition, you acknowledge that the Alliance does not endorse, verify, or make any representations regarding any third party or any offerings, transactions or conduct by such third party, and does not confirm that any user of the Website is who that user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization or individual that appears on or through the Website or makes any User Upload to the Site, and you are solely responsible for your decision to submit personal information to any third party for any purpose.

CHANGES TO SITE

The Alliance may add, change, discontinue, remove or suspend the Website, any Website Content, or any portion or feature of the Website or Website Content at any time, without notice.

USER PROFILES AND ACCOUNTS

Certain portions of the Website may ask you to create a user profile or account. If you choose to create such a profile or account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your profile, account, access code, user name or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name, access code and/or password that may be assigned to or selected by you so that others may not access any restricted or password-protected portions of the Website using your profile, account and/or identity. While the Alliance has endeavored to create a secure and reliable Website, you understand that the confidentiality of any communication or material transmitted to or from the Website over the Internet or other form of global communications network cannot be guaranteed. Accordingly, the Alliance is not responsible for the security of any information transmitted to or from the Website. The Alliance reserves the right, in its sole discretion and without notice to you, to terminate your user profile registration and/or account and/or to restrict your access to all or part of the Website for any reason, including, without limitation, for extended periods of inactivity.

TERMINATION

Your agreement with the Alliance pursuant to these Terms of Use (the “Agreement“) is effective until terminated by either party. Subject to your continuing obligation to comply with all terms and conditions that survive such termination,you may terminate this Agreement at any time by permanently ceasing all access to and use of the Website and destroying all materials obtained from or through use of the Site,  all related documentation, and all copies, expressions and embodiments thereof, whether made under the terms of this Agreement or otherwise. All rights, licenses, permissions and privileges granted to you by this Agreement will terminate automatically and immediately upon any termination of this Agreement, and will so terminate without notice from the Alliance if, in the Alliance’s sole discretion, you fail to comply with any term or provision of these Terms of Use, if you infringe or otherwise violate any right of the Alliance or any third party, or if you engage in conduct that is illegal or tortious, or impairs or interferes with the operation of the Site.

The Alliance may at any time, for any reason (or no reason) in its sole discretion, and with or without notice to you, terminate or modify, in whole or in part, any or all of the rights, licenses, permissions and/or privileges granted to you by these Terms of Use and/or temporarily or permanently disable your access to the Website or any Website Content or Confidential Information. If the Alliance disables your access to your user profile or account, you may be prevented from accessing the Website, some or all of the Website Content or Confidential Information, and/or your profile or account information.

You acknowledge and agree that: (i) immediately upon any termination of this Agreement by any party or under any circumstances, you will permanently cease all access to and use of the Website and destroy all materials obtained from or through the Website, all related documentation, and all copies, expressions and embodiments thereof, whether made under the terms of this Agreement or otherwise; (ii) any further access to or use of the Website or any Website Content by you will be subject to these Terms of Use as constituted at the time of such use or access; and (iii) the Alliance may take any lawful action to enforce this Agreement or to protect against any unauthorized, unlawful or improper access to or use of the Website or any Website Content or Confidential Information, including, without limitation, by blocking your access to some or all of the Website Content, contacting police or government authorities, and taking legal action against you.

All provisions of the Terms of Use that by their express language or context are intended to survive the termination of this Agreement and/or consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions, conditions or restrictions respecting any access to, use of, or other activities concerning the Website, any Website Content and/or any Confidential Information, shall survive the expiration or termination, in whole or in part, of this Agreement.    

DISCLAIMER

ALL ACCESS TO AND USE OF THIS WEBSITE OR OF ANY WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK.  YOU ARE SOLELY RESPONSIBLE FOR ALL LOSSES AND DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF OR DAMAGE TO YOUR BUSINESS, COMPUTER SYSTEM OR DATA, THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THIS WEBSITE OR ANY WEBSITE CONTENT.

THIS WEBSITE, AND ALL INFORMATION, DATA, MATERIALS AND OTHER CONTENT (INCLUDING, WITHOUT LIMITATION, ALL SERVICES AND SOFTWARE) PROVIDED, GENERATED OR MADE AVAILABLE BY, WITH OR THROUGH THIS WEBSITE OR ANY WEBSITE CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, TRADE PRACTICE OR OTHERWISE.  TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE ALLIANCE AND ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE, ANY WEBSITE CONTENT, AND/OR ANY WEB SITE WITH WHICH THE WEBSITE OR ANY PART THEREOF IS LINKED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY, EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT.  .

NEITHER THE ALLIANCE NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATIONS OR WARRANTIES: (i) WITH RESPECT TO ANY FUNCTIONS, OPERATIONS, USEFULNESS, RELIABILITY, RESULTS OF THE USE OF, COMPLETENESS, ACCURACY, CORRECTNESS,  CURRENCY OR TIMELINESS OF THE WEBSITE OR ANY WEBSITE CONTENT (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR LINKS ON THE SITE OR ANY SITES LINKED TO THEREBY);  OR (ii) THAT THE OPERATION OF THE WEBSITE, OR ANY WEB SITE CONTENT, SERVICES OR SOFTWARE INCLUDED ON OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE, OR ANY SERVERS HOSTING THE WEBSITE OR ANY WEBSITE CONTENT, OR ANY E-MAIL OR OTHER COMMUNICATIONS SENT TO, OR BY OR ON BEHALF OF THE ALLIANCE, WILL MEET YOUR OR ANY OTHER REQUIREMENTS, WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (iii) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS.  YOU (AND NOT THE ALLIANCE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 

NO ADVICE, STATEMENT OR INFORMATION BY OR ON BEHALF OF THE ALLIANCE, OR ANY OF ITS CONTRACTORS, AGENTS OR SERVICE PROVIDERS, WHETHER IN ORAL, WRITTEN OR OTHER FORM, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL THE ALLIANCE OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS, BUSINESS OPPORTUNITIES, REVENUES, GOODWILL OR REPUTATION, COSTS OF REPLACEMENT GOODS OR SERVICES, LOSS, DELETION OR CORRUPTION OF, OR DAMAGE TO, HARDWARE, SOFTWARE OR DATA, INCONVENIENCE OR BUSINESS INTERRUPTION, OR ANY SPECIAL, INCIDENTAL CONSEQUENTIAL, PUNITIVE, EXEMPLARY, ENHANCED, TREBLED OR MULTIPLE DAMAGES WHATSOEVER, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY WEBSITE CONTENT, IN WHOLE OR IN PART, , WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY, WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR THE ALLIANCE OR ANY OF ITS AGENTS, REPRESENTATIVES, LICENSORS OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE ALLIANCE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY) EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USING THE WEBSITE.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT BY ACCESSING THE WEBSITE AND AGREEING TO THESE TERMS OF USE, YOU WAIVE RIGHTS WITH RESPECT TO CLAIMS THAT MAY AT THIS TIME BE UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR CATEGORIES OF DAMAGES, SO CERTAIN OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH INSTANCES, THE ALLIANCE’S REPRESENTATIONS, WARRANTIES, CONDITIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

By accessing and/or using the Website, you agree to indemnify, defend and hold harmless the Alliance, its Website service providers, each of the foregoing persons’ and entities’ respective affiliates, officers, directors, employees, representatives and agents, and all others involved in creating, promoting, or otherwise making available this Website or any of the Website Content or Confidential Information, and each of their respective successors and assigns, from and against any and all actual or alleged claims, actions, demands, causes of action, judgments, damages, losses, liabilities, costs and expenses,including, without limitation, all costs and expenses of defense, reasonable attorneys’, accountants’, experts’ and other legal fees and costs, (all of the foregoing, collectively, “Claims“), arising out of, in connection with, or relating to: (i) your breach or violation of these Terms of Use or of any Additional Terms (including, without limitation, any breach of your representations, warranties, covenants or obligations under these Terms of Use or any Additional Terms); (ii) your violation of any law, rule or regulation; (iii) your access to or use of the Website or any Website Content or Confidential Information; (iii) any activities that occur under your Website registration, password, user name or identification, access code or account; (iv) any User Uploads or other material uploaded by you or through your computer to the Website or otherwise sent by you to the Alliance; (v) your violation of the rights of any third party; and/or (vi) any actions or omissions by any of your personnel and/or other persons and entities under your control or for whose actions you may otherwise be held liable (it being understood and agreed that all such third-party actions and omissions, which, if committed by you would constitute a breach of any of these Terms of Use or the Additional Terms shall constitute such breach as if directly committed by you).

You will cooperate as fully and reasonably as required by the Alliance in the defense of any Claim. The Alliance reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Alliance.

NOTICE OF SECURITY BREACH

In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by the Alliance, you shall immediately (i) notify the Alliance of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by the Terms of Use at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform the Alliance of the results of such investigation, (c) assist the Alliance using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist the Alliance as reasonably necessary to enforce the Alliance’s rights and to enable the Alliance to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.

JURISDICTIONAL ISSUES

The Website is controlled and operated by or on behalf of the Alliance from its offices in New York, United States of America. The Alliance makes no representation that this Website or any Website Content appropriate or available for use in other locations. You acknowledge and agree that, should you choose to access the Website from other locations, you do so on on your own initiative and at your own risk, and are responsible for compliance with all applicable rules, regulations and laws, including, without limitation, all laws and regulations in respect of data collection, privacy, transfer and security, and export control. You may not, and agree that you will not, access or use this Website or any Website Content in or from any territory or jurisdiction in which it is unlawful to do so. Software from this Site is further subject to United States export controls. No Software from the Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.LINKS

From time to time, other web sites and sources may provide hypertext links (“Links“) or otherwise refer to our Website. Similarly, our Website may include links or references to web sites or sources provided by organizations or persons other than the Alliance. No such Links or references shall imply any relationship or connection between the Alliance and the owner or operator of any other web site or other source, or any sponsorship, endorsement, representation or warranty by the Alliance of or respecting such web site or other source, or its contents, owner, operator, policies or business practices. The Alliance has no responsibility or liability to you arising out of or in connection with any such third-party web site or source, including, without limitation, any use of or reliance upon any associated content, product, service or transaction. You understand, acknowledge and agree that all access to and use of any such third-party web site or source by you shall be at your own risk. 

OTHER

Applicable Law

This Agreement, and your agreement to the Additional Terms, shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of, and hereby waive all objections to venue in, the courts of the state of New York and the United States federal courts located in New York County with respect to any and all disputes arising out of or relating to this Agreement, the Additional Terms, or any subject matter hereof or thereof.

Severability

If any provision of this Agreement or the Additional Terms shall be unlawful, void or unenforceable for any reason in any jurisdiction, then that provision shall be deemed severable from this Agreement or the Additional Terms, as applicable, in that jurisdiction without in any manner affecting its validity or enforceability in any other jurisdiction or the validity and enforceability of any remaining provisions in that or any other jurisdiction, and such severed provision shall be deemed modified in the affected jurisdiction to the limited extent required so that its purpose can be lawfully effectuated and enforced therein.

Entire Agreement

This Agreement and the Additional Terms constitute the entire agreement between you and the Alliance relating to their respective subject matter, and supersede all prior and contemporaneous representations, understandings and agreements, whether oral, written or other, between you and the Alliance with regard to such subject matter. No amendment or modification of any provision of this Agreement or the Additional Terms by you shall be valid or binding unless made in writing and signed by an authorized representative of the Alliance. You explicitly acknowledge and agree that neither of your agreements to the terms and conditions of this Agreement nor to the terms and conditions of the Additional Terms has been made in reliance on any representation or statement made by or on behalf of the Alliance that is not expressly contained, respectively, in this Agreement or the Additional Terms. The Additional Terms of your agreement with the Alliance with respect to any specific content or feature of this Website are provided on Web pages and via links that will appear in or through your use of that content or feature.  Certain Additional Terms can be found, for example, by clicking on Privacy Policy or The Scholastic Art & Writing Awards.

Equitable Relief; Non-exlusive Remedies

You understand and agree that money damages would not be an adequate remedy for any breach by you of this Agreement or the Additional Terms, and that the Alliance shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys’ fees, if you breach or threaten to breach any provision hereof or thereof that would cause the Alliance to suffer irreparable harm. In the event of such actual or threatened breach, the Alliance shall have the right to apply for an injunction and/or other emergency relief in any court of competent jurisdiction. The above-described remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of this Agreement or the Additional Terms, and shall be available to the Alliance without requirement that it post any bond or prove any actual damages. 

Non-waiver

No failure or delay of the Alliance to exercise or enforce any right, remedy or privilege under this Agreement or the Additional Terms shall constitute or result in any loss or waiver of that, or any other, right, remedy or privilege of the Alliance, in whole or in part. 

PERMISSION FOR REPRINTS

All material on the Website is protected, without limitation, by U.S. and foreign copyright and trademark laws. To request permission to reprint any material contained on the Website (outside of personal, non-commercial use), please write to:

Alliance for Young Artists & Writers, Inc.
Permissions Department
557 Broadway
New York, NY 10012

PERMISSION FOR WEB LINKING

You covenant and agree that:, (i) if you link to the Website, you will only link to the home page, and the link will be in plain text, unless otherwise approved in writing by the Alliance; (ii) the link will not damage, dilute or tarnish the goodwill associated with the Alliance, the Website, The Scholastic Art & Writing Awards, and/or any of the Alliance’s programs, activities or intellectual property; (iii) the link will not create the false appearance or impression that you, your web site, your organization or any of your conduct is sponsored, endorsed by, affiliated or associated with the Alliance, the Website or The Scholastic Art & Writing Awards, or vice versa, or that the Alliance, the Website or The Scholastic Art & Writing Awards are associated with or engaged in any commercial enterprise or activities; (iv) you will not “frame” the Website or any Website Content, in whole or in part; and (v) you will not link to the Website from any web site or other source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in the Alliance’s sole discretion. The Alliance reserves the right, in its sole discretion, to terminate any link from any web site. To request permission to place a link from your web site to the Alliance’s Website, please send your name, address, web site URL, and the nature and purpose of the web site toinfo@artandwriting.org.

 

COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE

THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME WITHOUT ADVANCE NOTICE. YOU ARE ADVISED TO VISIT THIS PAGE REGULARLY TO KEEP INFORMED OF ANY CHANGES TO THIS NOTICE.

Infringement Notification

To file a notice of infringement with us, you must provide a written communication by fax or regular mail that sets forth the items specified below (do not send such notice to our e-mail address unless you receive the Alliance’s prior written consent). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing on your copyrights. Accordingly, if you are not sure whether material available on our Website infringes your copyright, please contact an attorney.

Include in your written communication the following information using the format indicated below (including the corresponding section numbers):

  1. Identify, in sufficient
    detail, each copyrighted work or works that you believe has been infringed (for example, “The copyrighted work that is being infringed is the essay entitled “ABCDEFG”).
  2. Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material (for example, “the infringing material appears in the "Online Galleries" section on the home page of http://www.artandwriting.org under the title ‘UVWXYZ'”).
  3. Provide information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and, if available, an electronic mail address at which you [or the complaining party] may be contacted (e-mail address is preferred).
  4. Include the following statement:  “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  5. Also include the following statement:  “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. Sign the written communication.
  7. Mail the written communication to us at:
    Legal Department
    Alliance for Young Artists & Writers, Inc.
    557 Broadway
    New York, NY 10012

    Or send us your written communication by facsimile to: (212) 389-3939

  8.  

    The Alliance reserves the right, at its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time.

    The effective date of these Terms of Use is October 1, 2009.

    Most recently updated September 4, 2014.

     

    © 2014 Alliance for Young Artists & Writers, Inc.