OWNERSHIP OF WEBSITE AND WEBSITE CONTENT
USE OF WEBSITE AND WEBSITE CONTENT
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):
- 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 or advertising, 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;
- 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.
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.
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.
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.
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.
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.
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.
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.
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
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 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.
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.
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.
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.
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.
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.
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 to firstname.lastname@example.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.
To file a notice of infringement with us, you must provide a written communication by 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):
- 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”).
- 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 https://www.artandwriting.org under the title ‘UVWXYZ’”).
- 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).
- 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.”
- 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.”
- Sign the written communication.
- Mail the written communication to us at:
Alliance for Young Artists & Writers, Inc.
New York, NY 10012
Most recently updated September 4, 2014.
© 2014 Alliance for Young Artists & Writers, Inc.