Terms of Service
Last Updated on May 8th 2015
Description of ServicesThe Site is a place for individuals and organizations to run writing classes and writing communities and access and/or purchase services from time-to-time made available on the Site (“Services”). Services include, but are not limited to, any service and/or content WetInk makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments (including text, audio and video), messages, information, data, graphics, articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time-to-time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of WetInk. WetInk reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. WetInk may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon as the only storage of your writings or other creations and you are directed to retain your own copies of all Content posted on the Site.
RegistrationAs a condition to saving and publishing your writings, you are required to register and log in with WetInk to provide registration information. You may be permitted to register using third party login information and associating your account (e.g. Facebook or Twitter) with WetInk. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your WetInk account.
Registration at WetInk has the following users, subject to change from time-to-time to improve the quality of the Site and the user experience, each with its unique privileges and functionality:
- Community Administrators: Specifically authorized by the facilitating organization i.e. school or university or other persons registered as Community Administrators, as directors of the writing class or group lesson(s).
- Tutors: Specifically authorized by the facilitating organization and Community Administrator to lead classes and promote the online experience and writing instruction of the students and community members.
- Students: Authorized users enrolled in a class being conducted by the facilitating organization and directed by the Community Administrator and/or Tutor(s).
- Community Members: Additional users added by the facilitating organization to participate and improve the quality of the instruction and overall experience of the community.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your WetInk account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display writings containing mature content and violence that may be offensive to some.
The Services are for use by organizations and individuals who are writers and other individuals who engage in writing of various forms including but not limited to fiction, poetry, non-fiction, business writing, journalism, memoirs, and the like. If you do not qualify for registration you are not permitted to open an account or use the Services.
User ConductAll Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not WetInk are entirely responsible for all Content that you post, or otherwise submit to the Site. WetInk does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
Users include Community Administrators, Tutors, Students, and Community Members. If a student or community member behaves inappropriately for the class or online setting, the administrator or tutor has the right in his/her sole discretion to take appropriate action, including removing the user from the class, removing content, including comments, from a class or community. Any disputes over payment of fees or return of fees paid must be addressed between the student and organization or class facilitator. WetInk has no ability and cannot refund fees for classes.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by WetInk. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, profane, or that infringes any copyright or other right of any person, specifically you agree not to infringe on another’s copyright by using or stealing content from the site, community or class which is not your own;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any WetInk user;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To create multiple accounts for the purpose of voting for or against users’ content;
- To post copyrighted Content which doesn’t belong to you;
- You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To copy content of another person and use it outside of Wetink or use it for any unauthorized purpose without permission from the copyright holder.
- To promote or sell Content of another person;
- To sell or otherwise transfer your profile.
You are solely responsible for your interactions with other users of the Site. WetInk reserves the right, but has no obligation, to monitor disputes between you and other users.
In consideration of WetInk’s agreement to allow you to post Content to the Site you agree with WetInk as follows:
You acknowledge that:
- By uploading your writings or other content to WetInk you do not transfer any copyrights or licenses to WetInk to use your work other than for purposes of storing and displaying your work on the Site and using the features of WetInk, including third party integration of features to benefit the platform. You do not expect any compensation or fee from WetInk for the writings or copyrights you may hold and WetInk has no intent and will not use your writings or copyrights for any other purpose than to enable your writing community, classes, or services and features on WetInk.
- Content posted on the Site will not be stored outside of the Site, but may be displayed on third party services to enable certain Site features. These third party services include things that enhance features of WetInk or provide additional collaboration, for example, using audio/video.
- WetInk makes sure your content is not posted outside of your class and community and is private and that each class has its own private area, with the administrators in control of their classes and communities. Some content which is collaborative in nature may be used in email notifications as part of WetInk’s features. However, WetInk cannot control how Community Members choose to use the content you post on WetInk. Furthermore, if you choose to make your content public, WetInk may display it such that it is publicly viewable. In such case, your content will be attributed to you in accordance with the credits i.e. username, profile picture, title of work, descriptions, tags, and other identifying information associated with your account and your work.
- Subject to the foregoing, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
You represent and warrant that:
- You are the owner of all rights, including all copyrights in and to all Content you submit to the site;
- You have the full and complete right to enter into this agreement and to post content on WetInk. You also agree that no further permissions are required from, nor payments required to be made to any other person in connection with the use by WetInk of the Content as contemplated herein;
- You will not use another user’s (student) work for any unauthorized purpose without permission from the copyright holder, including publishing that work or taking it off the Site; and
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein as a user of WetInk. Your remedy is to not use the service if you wish to revoke the permissions granted herein. Some collaborative content such as derivative works, comments, or other multi-user interactions may continue to stay on the site even after a user’s account is closed.
Premium ServicesWetInk may provide premium services to holders of its premium or “paid” accounts. In addition to the general terms and conditions provided for by these Terms, WetInk may include additional terms and conditions that apply specifically to premium account holders. Such additional terms and conditions will be made available to premium account holders.
Copyright ComplaintsWetInk respects the intellectual property rights of others. While we take steps, including that every user agrees not to infringe copyright or take another student’s work and use it without authorization, we ultimately cannot control how other students in your class that view your work choose to act. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. WetInk will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify WetInk of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement sufficient to enable WetInk to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide WetInk with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at email@example.com. You must include in your counter notice sufficient information to enable WetInk to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommend seeking the advice of an attorney.
LinksThe Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WetInk has no control over such sites and resources, you acknowledge and agree that WetInk is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WetInk 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.
Release and IndemnityYou hereby expressly and irrevocably release and forever discharge WetInk, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless WetInk, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or WetInk Username and password, or (iv) any violation of any rights of a third party.
Limitation of LiabilityIn no event shall WetInk be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (ii) to provide substitute goods or services (however arising).
TrademarksWetInk, wet.ink, wetink.in, wetink.io and other WetInk graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of WetInk. WetInk’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WetInk. The images and icons available in the WetInk icon pack may used by partners and third party sites in connection with providing appropriate links to the WetInk Site.
TerminationWetInk may terminate or suspend any and all Services and/or your WetInk account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your WetInk account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. To request that WetInk remove all of the primary content of your account, please email your request to firstname.lastname@example.org with the subject line: ACCOUNT TERMINATION. Please note that while WetInk allows you to explicitly delete all primary content you post on WetInk some collaborative and secondary information related to your account i.e. user comments and other collaborative content might continue after your account is terminated.