PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND TDW UNDER THIS AGREEMENT BE HANDLED BY ARBITRATION, AND (ii) YOU AND TDW WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES.
Eligibility for Site Registration and Account Security
Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify TDW immediately if you suspect any unauthorized use of, or access to, your account or password.
Termination:This Agreement remains in full force and effect while you use TDW services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing email@example.com. Subject: Terminate My Account. TDW may terminate your account and/or access to TDW services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to TDW services is terminated, this Agreement will remain in effect. You agree that your account is non – transferable and any rights to your account terminate upon your death.
TDW makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. The Distinguished Writer provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, TDW will in no way be responsible or liable to you for any such breach.
The Distinguished Writer will not store any record of Personal Financial Information related to purchases or other transactions you make through TDW Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
The Distinguished Writer Content: The Distinguished Writer site contains information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of TDW. The Distinguished Writer content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and TDW, TDW owns and retains all rights in TDW content and its TDW Services. You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the TDW services.
Except as explicitly and expressly permitted by TDW, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on – line postcards, montages, mash – ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the TDW Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web – based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo – filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from TDW. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting The Distinguished Writer by emailing: firstname.lastname@example.org. Subject: Content Request.
Your Use of TDW Services: The TDW Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from TDW. The Distinguished Writer reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with TDW Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with TDW Services. You understand that TDW does not control the User Content posted by users via TDW Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. The Distinguished Writer assumes no responsibility or liability for this type of Content. If you become aware of misuse of TDW Services, please report this immediately to TDW by emailing email@example.com. Subject: Misuse of TDW Services. The Distinguished Writer assumes no responsibility for monitoring the TDW Services for inappropriate Content or conduct. If at any time, TDW chooses in its sole discretion to monitor TDW Services, TDW nonetheless assumes no responsibility for Content other than TDW Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the TDW Services to:
– Post, upload or otherwise transmit or link to content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
– Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
– Harass or harm another person;
– Exploit or endanger a minor;
– Impersonate or attempt to impersonate any person or entity;
– Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the TDW Services, including TDW’s servers, networks or accounts;
– Cover, remove, disable, block or obscure advertisements or other portions of TDW Services;
– Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from TDW Services, or to circumvent or modify any security technology or software that is part of TDW Services;
– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through TDW Services. If you do so, you acknowledge you will have caused substantial harm to TDW, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay TDW $500 peso for each actual or intended recipient of such communication;
– Solicit, collect or request any personal information for commercial or unlawful purposes;
– Post, upload or otherwise transmit an image or video of another person without that person’s consent;
– Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without TDW’s prior written consent;
– Use the TDW Services to advertise or promote competing services;
– Use the TDW Services in a manner inconsistent with any and all Applicable Law;
– Attempt, facilitate or encourage others to do any of the foregoing.
The Distinguished Writer reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by TDW in its sole discretion. You acknowledge TDW reserves the right to investigate and take appropriate legal action against anyone who, in TDW’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that TDW may access, preserve or disclose information you provide to the Site, including User Content, when TDW has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of TDW, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of TDW services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Your Proprietary Rights: The Distinguished Writer does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with TDW Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by TDW or any Affiliated Company. By posting any User Content on, through or in connection with TDW Services, you hereby grant to TDW and our Affiliated Companies, licensees and authorized users, a perpetual, non – exclusive, fully – paid and royalty – free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, TDW is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including TDW Services. TDW’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. The Distinguished Writer reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the TDW Services. You hereby appoint TDW as your agent with full authority to execute any document or take any action, TDW may consider appropriate in order to confirm the rights granted by you to TDW in this Agreement.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with TDW Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with TDW Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through TDW Services or Third Party Services. If you delete your User Content from any TDW Service, TDW’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the TDW back-up copies of the applicable TDW Service, which are not publicly available. Furthermore, to the extent that TDW made use of your User Content before you deleted it, TDW will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from TDW Services will not result in, and TDW assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from TDW Services, and (ii) termination of your account or your use of the TDW Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Copyrights and Other Intellectual Property: The Distinguished Writer respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. The Distinguished Writer has a policy of terminating repeat infringers’ access to the TDW Services in appropriate circumstances.
Member Disputes: You are solely responsible for your interactions with other TDW users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with TDW Services. The Distinguished Writer reserves the right, but has no obligation, to become involved in any way with these disputes.
Disclaimers: The Distinguished Writer Services are provided “AS – IS” and “as available” and TDW does not guarantee or promise any specific results from use of TDW Services. The Distinguished Writer expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non – infringement. In particular, TDW makes no warranty that your use of TDW Services will be uninterrupted, timely, secure or error – free or that any information obtained by you on, through or in connection with TDW Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will TDW be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of TDW Services, problems or technical malfunction in connection with use of TDW Services, attendance at a TDW event, any material downloaded or otherwise obtained in connection with TDW Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with TDW Services, or the conduct of any users of TDW Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of TDW.
Limitation on Liability: IN NO EVENT WILL TDW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE TDW SERVICES, EVEN IF THE DISTINGUISHED WRITERHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TDW’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TDW FOR TDW SERVICES DURING THE TERM OF YOUR USE OF TDW SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF TDW’S ACTS OR OMISSIONS OR YOUR USE TDW SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF TDW SERVICES.
Arbitration Agreement: The Distinguished Writer, including its Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and TDW may have against the other that arise out of or relate to TDW Services and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and TDW agrees to give up the right to sue in court. Each of you and TDW also agrees to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and TDW.
Disputes: This Agreement will be governed by, and construed in accordance with the laws of Mexico, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and TDW agree to submit to the exclusive jurisdiction of the courts located in Cancun, Quintana Roo to resolve any dispute arising out of this Agreement or TDW Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS – CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, TDW SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Indemnity: You agree to indemnify and hold TDW, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or TDW Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with TDW Services.
Unsolicited Submissions: The Distinguished Writer does not knowingly accept, via TDW Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. The Distinguished Writer’s policy is to simply delete any such submission without reading it or forwarding it to other TDW staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any TDW or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to TDW via the TDW Services (including but not limited to any public forum), however, such submissions and copyright become the property of TDW and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as TDW sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against TDW or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.