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Website Terms of Use

Seattle Writing Contest welcomes visitors to use our website and all the features it offers. We are constantly working to deliver a thoughtful and rewarding experience. In order to help guide protocol for both ourselves and visitors, we have created the following Website Terms of Use. We hope that all visitors and employees will take the time to read our Website Terms of Use below, as it highlights many key aspects of your agreement in using our website and any related services.

Ownership of Site and Visitor Agreement

These Website Terms and Conditions of Use (the “Terms of Use”) apply to the Seattle Writing Contest website located at www.seattlewritingcontest.com, all features and content of the website, and all associated websites linked to www.seattlewritingcontest.com by Seattle Writing Contest, its subsidiaries and affiliates (collectively, the “Site” or the “Website”). The Site is the property of Seattle Writing Contest, LLC (“Seattle Writing Contest” or “we”) and its licensors. By using the Website you are agreeing to the Terms of Use herein.

Seattle Writing Contest reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Seattle Writing Contest grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

1.) Use of the Site by You:

A. The Site is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Website or submitting their personally identifiable information to us, and from using portions of the Site for which registration is required, such as our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, contests/sweepstakes, and elsewhere.

B. You shall ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use the Site does not disturb or interfere with our operation of the Website, or impede or interfere with others’ access, visitation and/or use of the Website. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Site any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, the Website or any content and features.

C. If you provide to us the number for a mobile or other device, or we obtain a device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s).

D. Unless we state specifically to you otherwise, the Site is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Site by you and by those you authorize or allow to use, or provide access to, the Site. For example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Site resides or is accessible.

E. You acknowledge that we do not always review nor necessarily endorse the content of the Website, applications, destinations or services linked to or accessible from this Website and are not responsible for the content or actions of any other sites, applications, destinations or services. Your linking to or accessing any other site, application, destination or service is at your sole risk.

F. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the Site, and will immediately Contact Us [Hyperlink on the words to the contact us page please]if you learn of or suspect a security breach or any illegal activity in connection with the Website.

G. You must comply with all applicable import and export control laws, rules, and regulations of the United States and other countries, and you must not transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any content on or through the Site that cannot be exported without prior government authorization or notification, including without limitation to certain types of encryption software.

H. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

I. Any content that is provided by us, our licensors, vendors and/or service providers, including without limitation to photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the Site, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.

J. Certain content may be made available to you on or through the Site for download, installation, and/or streaming on your computer, mobile or other device, and via Real Simple Syndication (RSS), such as photos, images, text, music, audio, videos, podcasts, ringtones, games, graphics, or software. Such content is subject to the same terms, conditions, limitations and restrictions applicable to all content provided by us, our licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such content only to the extent expressly authorized for the specified use, and you may not use such content in a manner that exceeds such authorization.

2.) Prohibited Activities and Forms of Use

A. Absent explicit prior written and signed consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:

  • access and/or use anyone else’s information, or access, visit and/or use the Site by use of anyone else’s account/profile and/or information;
  • make any commercial, advertising, promotional, or marketing use of the Site and/or features and content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers of us, our licensors, vendors, and/or contests and service providers obtained on or through the Site, except as permitted by the Copyright Act or other law or as expressly permitted in writing by Seattle Writing Contest or the Site;
  • impersonate, imitate or pretend to be somebody else, by setting up different accounts/profiles or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Site;
  • authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information;
  • falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation you, your company, or your site, application, destination or service, with the Site, Seattle Writing Contest, or our licensors, vendors and/or contests and service providers;     
  • post, upload, transmit, send or otherwise make available on or through the Site any content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers, including without limitation touting or recommending any financial or merchant advise of any nature;
  • repeatedly post, upload, transmit, send or otherwise make available on or through the Site the same Content multiple times in a day, week, or month; -post, upload, transmit, send, or otherwise make available on or through the Site any unsolicited bulk communication;
  • use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the Site, including without limitation to post, upload, transmit, send, or other make available content on or through the Site;
  • copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Site, including by an automated or manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;
  • engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through the Site any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Website;
  • use any language that is, or post, upload, transmit, send or otherwise make available on or through the Site any Content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be unfairly prejudice in the forms not limited racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
  • use any language, or post, upload, transmit, send or otherwise make available on or through the Site any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation, including without limitation defamation, perjury, fraud, or invasion of privacy; -stalk others on or through the Site, or using information obtained on or through the Site, or otherwise contact other users in the physical world without their permission using information obtained on or through the Website;
  • use any language that is, or post, upload, transmit, send or otherwise make available on or through the Site any Content that is, or depicts anyone engaged in any act deemed by us to be, pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious;
  • use any language, or post, upload, transmit, send or otherwise make available on or through the Site any Content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
  • post, upload, transmit, send or otherwise make available on or through the Site any content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;
  • provide professional advice or post, upload, transmit, send or otherwise make available on or through the Site any Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person;
  • discuss the mechanics of contests, discounts, auctions, flash sales or promotions available on or through the Site, or attempt to manipulate, corrupt or otherwise affect the outcome, or post, upload, transmit, send, or otherwise make available on or through the Site any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, inform, or promote activities that may subvert or not comply with the rules, restrictions, and/or limitations applicable to such promotions;
  • post, upload, transmit, send, or otherwise make available on or through the Site any content that illustrates, depicts anyone engaged in, or is intended to enable, authorize, encourage, assist, suggest, inform, promote or give instructions for violent or other criminal purposes;
  • post, upload, transmit, send or otherwise make available on or through the Site any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, service providers, other users, and/or any third party;
  • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Site, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content;
  • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Site, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by Seattle Writing Contest or the Site;
  • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Site, in whole or in part, including without limitation any content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or otherwise reduce the Site, in whole or in part, to a human perceivable form;
  • access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, repossess, alter, tamper or interfere with, the Site including without limitation any content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others’ access, visitation, and/or use of the Site, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise; or
  • post, upload, transmit, send or otherwise make available on or through the Site any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.

B. CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SITE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

3.) Comments on the Site are Not Necessarily Endorsed by Us:

We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the Site, including without limitation in our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, columns, articles, personal/job search and other classified ads, contests/sweepstakes, or elsewhere. Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the Site, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent our views or the views of our licensors, vendors, and/or service providers. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent or otherwise made available on the Site, including content that violates the Terms of Use.

4.) Use of Content Supplied by You:

A. In order to fully understand the Terms of Use regarding all information you potentially provide, Seattle Writing Contest insists that you access and view both our Privacy Policy and Contest Terms and Conditions [Hyperlink on both words to the privacy policy and contest terms and conditions].

B. Except as expressly stated in writing from Seattle Writing Contest or the Website, you or the owner of any content you post, upload, transmit, send or otherwise make available on or through the Site retains ownership of all rights, title, and interests in such content. However, by posting, uploading, transmitting, sending or otherwise making available content, registering for the Site, entering a contest, or engaging in any other form of communication with us (on or through the Site or otherwise) you irrevocably grant us a royalty-free, perpetual, exclusive (extended to you the submitter), unrestricted, worldwide right to and only to reproduce, display, publish, distribute use in messages and correspondences, enhance, crop, reformat, move, store, cache, review, score, screen, and not limited any non-stipulated means of non-commercial use. Our use of your submitted content will respect the intellectual integrity of said content, and will be used primarily for querying, ranking, or drawing exposure from readers, judges, and any other interested parties. All other uses of your submitted content are highlighted within the Contest Terms and Conditions, or will be expressly stated to you.

C. It is crucial to note that Seattle Writing Contest will take any and all necessary steps to secure your information and content, however; We are not responsible for the consequences of content or personally identifiable information you post, upload, transmit, send or otherwise make available on the Website.

5.) Editing, Additions and Deletions:

A. All disclosure regarding potential modification is located on our Contest Terms and Conditions. Any only content found in violation of our Contest Terms and Conditions is subject to change without notice.

B. We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Site, including with only limitation to content submitted to contests, any content in your account/profile, or any of your messages, posts, or threads. This includes updates or upgrades to content, automatic or otherwise. You ackknoledge that no action to interfere with, automatic upgrades or updates will be taken unless stated by you otherwise. Any changes to the Site may not be consistent across all platforms, computers, or devices. If you do not refresh the Site after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which we and our Indemnitees disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. Even after content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users.

6.) Merchandise, Products and/or Services Available on or through the Service:

A. WE MAY RECEIVE A COMMISSION, FEE, AND/OR OTHER COMPENSATION ON SOME PURCHASES MADE ON, THROUGH, OR LINKED FROM THE SITE.

B. Nothing on the Site constitutes a binding offer to sell, rent, auction, distribute or give away merchandise, products and/or services, including without limitation content. Seattle Writing Contest reserves the right at any time after receipt of your order or bid to accept or decline such order or bid, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order or bid confirmation or after you have been charged. Any prices displayed on the Service are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event merchandise, products and/or services, including without limitation Content, are listed at an incorrect price, Seattle Writing Contest has the right to refuse or cancel orders or bids placed at the incorrect price, regardless of whether the order or bid has been confirmed or you have been charged. If your order or bid is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of merchandise, products and/or services, including without limitation Content, which you, your family or any group seek.

C. Images available on or through the Site of merchandise or products, including without limitation content, may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products.

D. NEITHER SEATTLE WRITING CONTEST NOR OUR INDEMNITEES (AS DEFINED BELOW AND FURTHER EXPLICATED IN OUR CONTEST TERMS AND CONDITIONS) MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE. ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, SHALL BE BETWEEN THE USER AND THE THIRD PARTY SELLER, DISTRIBUTOR, OR MANUFACTURER WITHOUT ANY INVOLVEMENT BY US OR OUR INDEMNITEES. THESE THIRD PARTIES MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES. E. IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE WEBSITE, NOTE THAT NEITHER SEATTLE WRITING CONTEST NOR OUR INDEMNITEES HAVE ANY CONTROL OVER, OR ASSUME RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES.

F. YOU AGREE THAT WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, SOLD, RENTED OR OTHERWISE AVAILABLE ON OR THROUGH THE SITE, INCLUDING ILLEGAL, OFFENSIVE OR ILLICIT ITEMS, EVEN ITEMS THAT VIOLATE THE TERMS OF USE.

7.) Indemnification:

You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Site, your content, unauthorized use of content obtained on or through the Site, breach or alleged breach of the Terms of Service, or from any of your acts or omissions in connection with the Site. Further stipulations can be found for contests within our Contest Terms and Conditions.

8.) Disclaimer of Warranty and Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEATTLE WRITING CONTEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TWITTER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SEATTLE WRITING CONTEST, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT SEATTLE WRITING CONTEST HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9.) Termination or Suspension of Your Use of the Site:

A. We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Site, your account/profile, your ability to access, visit and/or use the Site or any portion thereof, and/or the Terms of Service, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit and/or use the Site or any portion thereof, and/or the Terms of Service, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.

B. Even if your ability to access, visit and/or use the Site or any portion thereof, and/or the Terms of Service is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any content, and therefore copies of all information with regard to your account/profile and/or content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Site, may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Site. All provisions of the Terms of Service and Contest Terms and Conditions shall survive the termination or expiration of the Agreement and/or your account/profile.

10.) Communications to You:

A. The communications between you and Seattle Writing Contest usually use electronic means, whether you access, visit or use the Site, send us messages, or whether we post notices on the Site or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.

B. You understand and agree that joining the Site may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Site.

11.) Basic Copyright Disclaimer:

By accessing this Site, you specifically acknowledge and agree that: (i) Seattle Writing Contest text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, and shall be subject to all terms both stated and unstated in our Terms of Use and Contest Conditions and Terms; (ii) No Seattle Writing Contest materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) Seattle Writing Contest will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) Seattle Writing Contest reserves the right to audit possible unauthorized commercial use of Seattle Writing Contest materials and content or any portion thereof at any time.

Further more detailed discloser regarding copyright can be found on our Contest Terms and Conditions [Hyperlink to the contest terms and conditions on words please].

12.) Mobile Device Use Disclosures:

You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use the Site via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with the Site (collectively, the “Mobile Participants”). We do not represent, warrant or guarantee that all portions of the Site, or the Site as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.

THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SITE. SEATTLE WRITING CONTEST AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS.

We may have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Agreement is between us and you; the Mobile Participants are not parties to the Agreement; (ii) the Mobile Participants and their parent, subsidiaries and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant’s applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third party claim that the Service or your possession, access, visitation and/or use of the Service, infringes such third party’s intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement and/or discharge of such claim.

13.) Disclosures on Disputes and Jurisdiction:

A. The Site is based in the United States. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Seattle Writing Contest makes no representation, warranty or guarantee that the Site, or any merchandise, products, services, and/or Content available on or through the Service are appropriate, available, or legal in any particular geographic location.

B. In any dispute between us, your sole remedy is to stop using your account/profile and/or the Site, including without limitation cancelling any Fee-based services. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms and conditions that apply to the Site, whether listed in these Terms of Use, Contest Terms and Conditions, and Privacy Policy, posted at various points in the Site, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any content available on or through the Website, or any edits, deletions, additions, or other changes thereto; (iv) your ability or inability to access, visit and/or use portions of the Site, or the Site as a whole, or features, functionality, and/or content available on or through the Site; or (v) the amount, type, and/or basis for determining any Fees, any changes thereto, or additional Fees.

C. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.

D. You agree that, regardless of where you access, visit and/or use the Site, all issues concerning the construction, validity, interpretation and enforceability of the Terms of Uset shall be governed and construed in accordance with the laws of the United States and Washington State, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court located in Seattle, Washington, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of Seattle and any other laws, the conflict will be resolved in favor of the laws of Seattle. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) and shall not include any indirect, punitive, incidental and/or consequential damages.

E. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, Contest Terms and Conditions, or Privacy Policy, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of said documents will continue to be valid and enforceable in full force and effect.

14.) Fees and Payments:

A. Seattle Writing Contest and our licensors, vendors, and/or service providers may charge you fees for merchandise, products and/or services, including without limitation Content, offered for sale, rental or auction on or through the Site, and/or for access to portions of the Site or the Website as a whole. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile at the rates in effect for the billing period in which such fees and charges are incurred (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). Unless otherwise specified on the Site, all Fees will be quoted and charged in U.S. dollars. We and our licensors, vendors, and/or service providers reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon publication of such revised pricing on the Site.

B. If you submit a credit, debit, or charge card number, or other payment information to us upon registration, at the time of purchase, or otherwise, you authorize, give us permission, and direct us to retain such information and to charge all Fees to such payment method. We may charge Fees in advance and on a daily, monthly, yearly, lump sum, or other basis. Fees for certain merchandise, products and/or services, including without limitation Content, may be invoiced on your mobile carrier’s bill. We may, in our sole discretion, charge Fees to your designated payment method individually, or elect to aggregate Fees for some or all of your purchases. All Fees are due promptly and are non-refundable. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.

C. If Fees cannot be charged to the payment method you designate, or payment is returned to us for any reason, including charge back, we reserve the right, in addition to our other remedies, to: (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.5 percent late charge, or the highest amount allowed by law; (iii) Seattle Writing Contest reserve the right to take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; (iv) charge such Fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the Site or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.

D. In addition, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, and telephone, mobile, wireless, Internet and other services necessary to access, visit and/or use the Site. If you are accessing the Site via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications services.

15.) Privacy

Please read and review the Seattle Writing Contest Privacy Policy for disclosure on the collection and use of your information while using our site.

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