This document defines the terms and conditions for use of PEN Center USA West's site.
1. ACCEPTANCE OF TERMS
PEN Center USA West (penusa.org) provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time. You can review the most current version of PEN Center USA West's TOS at any time at http://www.penusa.org/terms-of-service
. Your assent to the TOS and your use of penusa.org constitutes your agreement to all such terms, conditions, policies and notices (the “Agreement”).
2. DESCRIPTION OF SERVICE
PEN Center USA West offers an online resource in the form of information about upcoming and past PEN Center USA West events, information about upcoming and past events by affiliates and peers in the writing community, access to features, media, and content related to PEN Center USA West programming, and articles and petitions relating to the PEN Center USA West's Freedom to Write program, which may reflect a joint effort set forth by PEN International (http://www.pen-international.org
). PEN Center USA West's website also offers an online store and online membership participation in the forms of renewal, sign-up, and search. The previously mentioned services in this description are heretofore to be known as the "Service." Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided “AS IS” and that PEN Center USA West assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.
3. MODIFICATIONS TO SERVICE
PEN Center USA West reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PEN Center USA West shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
PEN Center USA West may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use penusa.org after the notice is posted, you are indicating your acceptance of those changes.
4. FEES AND PAYMENTS
In order to use the Service you will are not required to register as a user. However, should you choose to participate in comments on a blog post or any other opportunity to participate in online feedback or discussions, you must create a user name and register yourself with the website. This service is free. Should you choose to sign up or renew a PEN Center USA West membership online, you agree to pay the dues, including any applicable taxes, incurred through your account. In order to make a purchase from the online store or set up a membership with PEN Center USA West you must provide PEN Center USA West with valid credit card information. By submitting such credit card information, you give PEN Center USA West permission to charge the dues or fees incurred through your account to the credit card you designate on the Membership Form.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service), you must promptly change your password and notify PEN Center USA West of the problem by giving notice via email to firstname.lastname@example.org
5. REGISTRATION AND ACCOUNT CREATION
As part of the account creation process required to obtain access to certain aforementioned elements of this Service, you will provide PEN Center USA West with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting your account page). You will be solely responsible for maintaining the confidentiality of your password and for all usage or activity on your penusa.org account.
You must be 13 years or older to subscribe to all parts of the Services.
Your right to use this site is personal to you alone, and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will void the agreement.
7. ABUSE AND SPAM
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You must not create or submit unwanted email, comments, materials, or other forms of commercial or harassing communications (a/k/a "spam") on any PEN Center USA West pages. Failure to follow this rule will result in your immediate suspension from the site.
8. SPONSORS, THIRD PARTIES, ADVERTISERS AND LINKS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that PEN Center USA West shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service. In addition, PEN Center USA West may provide, or third parties may provide, links to other online sites or resources. Because PEN Center USA West has no control over such sites and resources, you acknowledge and agree that PEN Center USA West is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for the accuracy or quality of any content, advertising, products, or other materials on or available from such sites or resources, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Additionally, we reserve the right to use third-party advertising companies to serve some advertisements when you visit our website. These companies may use aggregated information about your visits to this website in order to provide advertisements about goods and services that may be of interest to you.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEN CENTER USA WEST EXPRESSLY DISCLAIMS ALL WARRANTIES 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.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEN CENTER USA WEST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEN CENTER USA WEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE LIABILITY OF PEN CENTER USA WEST UNDER THIS AGREEMENT EXCEED THE AMOUNT OF ANY MEMBERSHIP OR PARTICIPATION FEES PAID BY YOU.
11. DOWNLOADING AND COPYING; RESTRICTIONS ON USE
All materials on this site (“Online Material”), including, without limitation, names, logos, trademarks, service marks, images, articles, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by PEN Center USA West or by other parties that have licensed their material to PEN Center USA West. You may download or copy the Online Material for noncommercial personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Online Material for other than noncommercial personal use by you is expressly prohibited without prior written permission from the PEN Center USA West or the copyright holder identified in the copyright notice contained in the content. You may not add, delete, distort, or otherwise modify the content on this site. PEN Center USA West, penusa.org, and other penusa.org logos and product and service names are trademarks of PEN Center USA West.
12. NON-WAIVER; SEVERABILITY; LIMITATIONS OF ACTIONS
The failure of PEN Center USA West to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
You agree to indemnify, defend and hold PEN Center USA West harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
16. COMMENTS AND MATERIALS
Any comments, materials, or letters sent by you to PEN Center USA West regarding the site or its content, including questions, comments, suggestions, criticisms or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. PEN Center USA West shall have no obligation of any kind with respect to such Received Materials and PEN Center USA West will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.
18. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on http://www.penusa.org
constitute the entire agreement between you and PEN Center USA West and govern your use of the Service.
19. REFUSAL OR DISCONTINUANCE OF SERVICE
PEN Center USA West reserves the right to refuse or discontinue service to any user for non-compliance with these Terms of Service.