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Terms of Service

Writers and Illustrators is an online community for and by writers and illustrators to showcase their work, and for people interested in written and visual arts work. Writers and Illustrators is provided by Kwene H Low (“We” or “Us”). Since this is an all-inclusive online community, common courtesy, consideration and respect from all participants will make this a pleasant place.

To use (“the Website”) you must agree to be bound by the following terms and conditions (“Agreement”), whether you are a registered user with an account with Us or a visitor who is simply browsing the Website. The term “you” will be used throughout this Agreement to refer to both visitors and registered users. If you do not agree to be bound by these terms, you must leave the Website immediately.

1. Community Common-Sense Guidelines

You agree to abide by the following common-sense community guidelines:

• You can only rate a piece of work and each comment once, but you may comment multiple times on a piece of work.
• Your comments should be honest and helpful, and free of ill-intents.
• You must not post prohibited materials or engage in prohibited conduct on the Website.

2. You Own Your Work

You do not surrender ownership of any materials that you post to the Website. You retain copyright to all of your posted materials, including manuscripts, illustrations, comments, reviews, and other creative works (“Content”). We never take ownership of your Content; it is yours to use in any way that you want.

3. You are Responsible for Your Work

We provide a platform for you to post and promote Content for free. We only host Content; we do not curate or endorse it, and Content posted on the Website does not reflect our views or opinions. We do not accept any responsibility for your Content. In much the same way that you would be responsible for copies of your Content taped to the wall in a public place, you are responsible for your Content on the Website. In view of this, for Our protection, you provide the following Warranties and Indemnification, and we reserve the following Exclusion. Notwithstanding any indication to the contrary, these Warranties, Indemnification and Exclusion survive the termination of this Agreement.

3.(a) Warranties

You represent and warrant that

(i) you have the right to post Content to the Website (either through ownership of the Content or some other grant of rights to you),
(ii) the Content is not unlawful - in particular, it does not infringe on the rights (including copyrights) of any other person, it does not breach any statutory prohibitions, it is not libellous, defamatory or unlawfully obscene, and it does not breach any rights or obligations of confidence or secrecy - and
(iii) the Content does not contain any recipes or instructions which might cause harm to another person if followed.

3.(b) Indemnification

You agree to indemnify Us and Our affiliates against any losses, damages or expenses that We or Our affiliates suffer or incur as a result of your breach of any of the above warranties.

3.(c) Exclusion of Liability

We assume no responsibility or liability for the Content on the Website or any damage you may suffer as a result of that Content. We make no warranties or representations, express or implied, as to the accuracy or lawfulness of the Content. We do not review Content prior to or at the time that users post it.

4. You Grant Us a License to Host Your Content

Without a license granting us some rights to your work we could not legally host it on the Website for the world to see. Accordingly, when you post Content on the Website you grant Us a license to use, modify, reproduce, distribute, make available to the public by telecommunication and publicly display your Content. This license is:

(a) non-exclusive, which means that you are free to grant other licenses over your Content to anyone else,
(b) fully paid-up and royalty-free, which means that you will not be paid for the use of your Content on the Website, and
(c) sub-licensable for the purposes of worldwide hosting and maintenance, which means that we can grant similar licences to third parties in order to keep the Website running all over the world.

The above license does not give us the right to sell your Content.

5. We are Not Obligated to Host Your Content

The Website exists to host your Content. However, We cannot guarantee that the Website will always be available - it might go down for an hour, or a day, or forever. We also cannot guarantee that the Website will always be error-free. As a result, the Website is provided “as is”, with no guarantees of availability or accuracy. We reserve the right to take the Website down temporarily for maintenance or updates, and to take the Website down permanently if We so choose.

We also reserve the right to delete Content for any reason without notice to you. This includes situations where the Content breaches Agreement, such as when We deem it to be a prohibited material (as defined below).

6. Taking Down Defamatory and Copyright-Infringing Content

As stated elsewhere in this Agreement, users are responsible for the Content that they post, and We accept no liability for it. This includes Content that infringes on copyright or is defamatory.

If you believe that your copyright has been violated or that Content on the Website is defamatory, please notify us by using <insert name of takedown request form> [link to form]. Once notified, and if We believe the request to be well-founded, We will make all reasonable efforts to remove the material within a reasonable period of time.

If you feel that your copyright has been infringed, We advise seeking legal advice from an intellectual property lawyer. We use Oyen Wiggs Green & Mutala LLP:

7. Prohibited Materials and Conduct

We are committed to maintaining a safe and inclusive community on the Website. In order to do so, we may monitor activity on the Website. However, due to the nature of the Internet and the number of users that are active on the Website, we cannot monitor everything - some things will slip through. Accordingly, We retain the right to monitor the Website and to investigate and take appropriate action against anyone who posts prohibited materials or engages in prohibited conduct on or in association with the Website, but We do not accept any obligation to monitor the Website. Without restricting the foregoing, We reserve the right to report you to law enforcement authorities.

The following lists of prohibited materials and conduct is only a partial list of the materials and conduct that are prohibited on the Website. Materials or conduct that are not listed below may still be prohibited.

Although some Content and conduct is prohibited, it may still occur on the Website. We assume no responsibility or liability for prohibited Content provided by users or the prohibited conduct of users that is encountered on the Website.

7.(a) Prohibited Materials

You agree not to post any material that:

(i) incites hatred,
(ii) is subject to another person’s copyright, trademark or other proprietary right without first obtaining their written consent to do so,
(iii) is unlawful, inappropriate for minors, pornographic, threatening, abusive, harassing or defamatory,
(iv) discriminates against individuals or groups based on religion, gender, sexual orientation, sex, race, ethnicity, age or disability,
(v) is misleading for a fraudulent, illegal, abusive or otherwise harmful purpose, or
(vi) otherwise breaches this Agreement.

7.(b) Prohibited Conduct

You agree not to engage in any conduct on the Website or in association with the Website that:

(i) involves engaging in criminal activities or inciting hatred,
(ii) compromises the Website’s stability or security,
(iii) involves abusing, harassing or defaming anyone, or
(iv) otherwise breaches this Agreement.

8. Account Termination

We reserve the right to terminate your account (if you are a registered member) at any time and for any reason without notice to you. In particular, We reserve the right to terminate any and all of your accounts, including future accounts, if We believe that you have posted Content or engaged in conduct that is prohibited, or if We believe that your actions have been contrary to the Community Common-Sense Guidelines.
9. Non-Endorsement of Third Parties
We do not provide any endorsement or recommendation of any third party’s facility, business or event identified on this Website (including in advertisements) or make any claims, representations or warranties as to their reliability, financial condition or suitability for a particular purpose, unless specifically and expressly stated.

10. Amendments

We reserve the right to make changes to this Agreement at any time. These changes will take effect at the moment that they are posted to the Website. Your use of the Website at or after that time indicates agreement to the new terms. Please review these terms regularly in order to ensure that you see changes as they are made.

11. Communication

We reserve the right to contact all registered users (that is, account holders) with announcements related to the Website. Account holders may choose to opt out of these announcements.

12. No Reproduction of the Website

You may not copy, reproduce, distribute, or otherwise display the Website or the Content that it hosts, in whole or in part, unless

(a) you have obtained Our prior written consent to do so, or
(b) if the copied materials consist entirely of user-submitted Content, you have obtained the prior written consent of the submitting user(s) to do so.

13. Entire Agreement

This agreement represents the entire agreement between us relating to its subject matter, meaning that no other terms expressed or implied apply or govern your contractual relationship with us.

14. Applicable Law

By accessing this Website, you agree to be bound by the laws of British Columbia and Canada as applicable, which laws will govern this Agreement and apply to any and all issues regarding the Website. Any legal action relating to this Agreement or use of the Website shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

Access to this Website from locations where the content is illegal is prohibited. You are solely responsible to determine whether your use of this Website is lawful, and you must comply with all laws applicable in your jurisdiction.

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