1. Acceptance of Terms
NATIONAL WRITING PROJECT, NWP and the NATIONAL WRITING PROJECT and NWP logos are the trademarks, service marks and trade dress of NWP. All other trademarks, service marks, trade names, and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to NWP or their respective owners. You may not use, modify, adopt, display or reproduce the NWP Marks or any other Marks without the prior written consent of NWP, and you may not remove or otherwise modify any trademark notices from any Content received through the Site.
4. User Content
By submitting, uploading, or posting User Content to the Site, you represent and warrant that you have all necessary and appropriate rights in and to such User Content, and you hereby grant NWP the right to use, copy, distribute, disseminate, publish, display, transmit, modify, translate, reformat, and create derivate works of such User Content in any format and any medium, and publish your screen name in connection with your User Content. You acknowledge and agree that User Content submitted by you is not confidential or proprietary and that you are not entitled to receive any compensation for any User Content submitted in connection herewith.
5. Use and Restrictions
a. unless otherwise permitted by NWP in the applicable Additional Terms or a separate agreement, copy, modify, distribute, transmit, display, perform, reproduce, download, publish, compile or collect in a database, license, create derivative works of, transfer, sell or otherwise commercially exploit the Site or any Content, Products or Services available therein;
b. access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way;
c. submit, display, or transmit any User Content, or any content via the systems or services on which the Site are hosted, in violation of any intellectual property or other proprietary rights of, or your contractual obligations to, any third party, or in violation of applicable laws, rules, and regulations;
d. submit, display, transmit or upload any images, photographs, graphics, links, audio files, video files, or similar Content that exceed NWP's capacity limits or that you do not own or have the necessary and appropriate rights to submit, display, or transmit;
e. submit, display, transmit or upload any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
f. forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site;
g. use the Site and/or the Services to threaten, defame, abuse, assault, stalk, harass, or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;
h. submit, transmit, upload, publish, post, display, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful Content;
i. offer, sell, broker, purchase, or seek any unethical, profane, obscene, indecent, unlawful, terroristic, violent, or hateful services;
j. collect, store, publish, post, sell, transmit, or disclose personal data about other Members or users of the Site unless authorized to do so;
k. upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs; or
l. restrict or prevent any other Member or other user of the Site from using the Site and/or the Services;
m. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of NWP (including, but not limited to, images, text, page layout, and/or form);
n. use any meta tags or any other "hidden text" utilizing NWP's name or trademarks.
6. Use: Members
You may access and browse certain areas of the Site and the Content without registering and/or becoming a Member. You must become a Member in order to access certain Products and Services or participate in certain discussion boards, forums, leadership opportunities, or other NWP programs. In order to become a Member, you must qualify for membership and complete the registration. The registration requires, among other things, that you provide current, complete, and accurate information as requested on the applicable registration forms.
Notwithstanding the foregoing, you acknowledge and agree that NWP, at its sole discretion and without notice or any further obligation to you, may: (a) temporarily suspend or permanently discontinue your access to or use of the Site and/or the Products and Services, and refuse any and all current and future access to or use of same, or (b) take any other necessary or appropriate actions in case of technical problems; objectionable material; or false, misleading, unlawful, or inaccurate postings, articles, or other contributions.
NWP has no obligation to monitor the Site. However, NWP reserves the right to review any User Content, and remove, delete, redact, or otherwise modify such User Content, at its sole discretion, at any time and from time to time, without notice or further obligation to you. NWP has no obligation to display or post any User Content. NWP reserves the right to disclose, at any time and from time to time, any information or User Content that NWP deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process, or government request.
Any Content, Products, Services, prices, specifications, designs, conditions, or product descriptions offered or posted on the Site are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, NWP reserves the right, at its sole discretion, to charge fees for the use or purchase of, or access to, any Services, Products, or Content offered through the Site, at any time and from time to time, regardless of whether such Services, Products, or Content were previously offered at no charge.
You acknowledge and agree that any user name, login code, identifier or password (each, a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity, whether or not a Member, to access the Site or the Services using such Password. You acknowledge and agree that you are responsible for any use of and any activities that occur under your username, user ID, login name, and/or Password, including any fees incurred. You agree to notify NWP immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by NWP.
NWP cannot be responsible for, and disclaims all liability in connection with, the use of any information that you submit, post, or display on the Site. You should use caution when posting any information, including personally identifiable information, to the Site.
10. Links to Third-Party Websites
The Site may contain links to websites and other resources operated by third parties other than NWP. Such links are provided solely as a convenience to you. NWP does not control such websites and is not responsible for the contents or products, services, or other Content offered through such websites. NWP's inclusion of links to such websites does not imply any endorsement of any website, or the content, products, or services offered through any website, or of any company or person. If you decide to access any third-party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
In the event that you have a dispute with one or more Members or users of the Site, you hereby irrevocably release NWP and its directors, officers, agents, affiliates, subsidiaries, employees, successors, and assigns from any claims, demands, or damages, direct or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to, or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code § 1542, which says "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."
12. Warranties and Disclaimer
13. Limitation of Liability
15. Dispute Resolution
If any controversy, dispute, or claim arising out of or related to your use of the Site, the Services or any of the Content arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, NWP will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer, or sale of the Site, the Products, the Services, the Marks, and/or the Content.
16. Governing Law