Effective: January 1, 2020
In this Agreement, “user,” “you” and “your” refer to an individual Website user or visitor and “we”, us” and “our” refer to All Wet Publishing.
1. Your agreement with the Website.
At this time, there is no cost to Users who use the Website. Users may be charged for services and resources by separate agreement with the Website and All Wet Publishing.
5. Your use of The Website.
a) Copyright and other Intellectual Property Rights.
All Wet Publishing and/or our respective third party licensors, authors or vendors own all right, title and interest in and to the content and materials provided on or through this Website, including but not limited to all the ALL WET PUBLISHING service mark and all text, photographs, videos, articles, music, audio clips, images, illustrations, graphics and other works of authorship displayed on this Website (collectively, “Content”), except for User Content (as defined below). All Content is protected by copyright, trademark and other laws. You may not copy, publish, redistribute or sell any Content and you acquire no rights in or license to the Content.
b) License grant to access the Website
i. All Wet Publishing grants you limited permission to view and print Content on any single, stand-alone computer solely for your personal, non-commercial use, provided that:
A. You do not alter or remove any copyright or trademark notice appearing on the Content.
B. The Content is not used on any other website, networked computer environment or as part of a service bureau.
ii. These rules also apply to your use of the Website:
A. You will not in any way infringe or misappropriate any of the intellectual property in and to the Content accessible through the Website. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the Content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of the Website or others except as expressly permitted herein.
B. You will not reuse, republish or otherwise distribute the Content or any modified or altered versions of it, whether over the World Wide Web or otherwise, and whether or not for payment, without the express written permission of All Wet Publishing or a third-party copyright holder.
C. You will cooperate promptly and completely with any reasonable request by All Wet Publishing related to an investigation of infringement of copyright or other proprietary right.
iii. To obtain permission to reuse or republish All Wet Publishing or the Website copyrighted material in any format, please contact us by either using the web form or via postal mail using the mailing address information; both found on our website, www.AllWetPublishing.com .
iv. All Wet Publishing cannot grant permission to reuse or republish material from other information providers; however, these information providers are intended third party beneficiaries of these terms and conditions and they may exercise all rights and remedies available to them. Please contact them directly to obtain permission.
c) User-submitted Content
ii. All Wet Publishing does not claim ownership of the messages, text, comments, e-mails, e-mail addresses, names, photographs, videos, information, materials or any other User Content that you or other users may be able to post or upload to the Website, but you do automatically grant All Wet Publishing a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers license) right and license to copy, use, modify, transmit, distribute, publicly perform and display (in any media now known or not currently known) and prepare derivative works, publish, adapt, distribute, transfer or sell your Content, including attribution of your Content to you, for the purpose of:
A. Displaying your User Content on the Website.
B. Displaying your User Content on third party websites and applications.
C. Archiving or preserving User Content for disputes, legal proceedings, investigations, or the like.
D. Any other commercial purpose.
iii. All Wet Publishing may collect and retain for future publication and commercial use your User Content, including but not limited to any assessments, comments, critiques, observations, opinions, reviews, other notes, and personal data including, and not limited to, name, e-mail address, handle, or other such identifier. In addition, you automatically waive any claim that any use of such User Content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way All Wet Publishing and the Website use such User Content. You also grant All Wet Publishing the right to use any material, information, ideas, concepts, know-how, e-mail addresses, names, or techniques contained in any communication you provide, submit, or otherwise make available to All Wet Publishing or to the Website for any purpose whatsoever, including, without limitation, commercial purposes.
iv. By submitting User Content, you automatically warrant and represent to All Wet Publishing and the Website that you are the owner of all intellectual property rights in and to your User Content or that, you otherwise have all sufficient right to grant the license above. By submitting User Content, you further warrant and represent that your User Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
v. All Wet Publishing will not compensate you for User Content and has no obligation to post or display any of your User Content. All Wet Publishing will treat any and all User Content that you transmit to the Website by electronic mail or otherwise as non-confidential and non-proprietary. DO NOT submit confidential or proprietary information through the Website.
6. Digital Millennium Copyright Act (“DMCA”).
a) All Wet Publishing and the Website respect the copyrights of others and expect its Users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at www.copyright.gov/legislation/dmca.pdf, All Wet Publishing and the Website will respond expeditiously to notices of alleged copyright infringement that are duly reported to us. We will deny access to any Users who are repeat infringers.
b) If you believe that All Wet Publishing or the Website or any User has infringed your copyright, please notify us by either using the web form or via postal mail using the mailing address information; both found on our website, www.AllWetPublishing.com and provide the following information:
i. An identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
ii. An identification of the material on the Website that you claim is infringing or is subject to infringing activity that is to be removed or access to which is to be disabled, with enough detail (including without limitation the URL of the material) to allow us to locate the material on our site.
iii. Your name, address, telephone number and e-mail address.
iv. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
v. A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive copyright interest involved.
vi. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c) You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
7. Online conduct.
i. Provide any information that is false, misleading, or inaccurate.
ii. Use any portion of the Website for any unlawful purpose or otherwise fail to comply with all applicable and international laws, statutes, ordinances and regulations.
iii. Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available Content that infringes any patents, trademarks, service marks, trade secrets, copyrights or other proprietary rights of any party.
iv. Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically, or otherwise objectionable.
v. Use any portion of the Website for uploading, posting, e-mailing, transmitting, or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
vi. Interfere with any other person’s use of or the proper functioning of the Website.
vii. Misrepresent your identity or impersonate any person.
viii. Hold yourself out as a sponsored by, endorsed by, or affiliated with All Wet Publishing or the Website.
ix. Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by All Wet Publishing or the Website in connection with the Website.
x. Use or launch automated means including spiders, robots, crawlers, scrapers and the like, download or copy data or content from the Website.
xi. Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to:
A. disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or
B. damage or obtain unauthorized access to any data or other information of any third party.
xii. Take any action that:
A. imposes or may impose, in the Website’s sole discretion, an unreasonable or disproportionately large load on its infrastructure;
B. interferes or attempts to interfere with the proper working of the Website; or
C. disrupts or diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.
b) To register a complaint about another User’s conduct, please notify us by either using the web form or via postal mail using the mailing address information; both found on our website, www.AllWetPublishing.com .
8. Disclaimer and Limitation of Liability.
i. While All Wet Publishing strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our website. Nor does the Website warrant or guarantee that any files available for downloading will be free of defects. Neither All Wet Publishing nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors, or omissions in material published in the Website.
ii. The content, services, and resources of All Wet Publishing are subject to change without notice. The inclusion of any Content, services, and resources in the Website at a particular time does not imply or warrant that these Contents, services, or resources will be available at any time.
iii. While we take reasonable steps to ensure that no viruses, worms, Trojan horses, Malware or other destructive properties are present, the entire risk as to the quality and performance of the Website and the accuracy and completeness of any information is with you.
iv. Opinions, advice and all other information expressed on the Website forums, comment sections, and any other area where User-generated Content is displayed, represent the individual’s own views and are not necessarily those of All Wet Publishing. All Wet Publishing does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized All Wet Publishing spokespersons.
v. Any purchase, monetary, financial or other actions that Users take based on information available on the Website should first be reviewed by a competent financial adviser or other professional. All Wet Publishing services and resources are provided on an “as is” and “as available” basis. We make no warranty of any kind, either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose or noninfringement, or warranties regarding the accuracy, reliability, or completeness of the Content or any other service or product on or related to the services and resources (including any link to another website, service, or resource).
b) Limitation of Liability
i. In no event will All Wet Publishing or the Website be liable for:
A. any incidental, consequential, or indirect damages arising out of the use of or inability to use the Website, or any information or services or resources provided on the Website, even if All Wet Publishing has been advised of the possibility of such damages; or
ii. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You will defend, indemnify, and hold harmless the Website and All Wet Publishing from:
a) your use of and access of www.AllWetPublisihng.com ;
c) your violation of any third-party right including any copyrights, trademarks, service marks, trade secrets, privacy rights related to any Content submitted by you (if applicable) or your use of the Website. This defense and indemnification obligation will survive the term and your use of the Website and All Wet Publishing.
i. discontinuing your use of the Website and;
ii. destroying and removing all copies of any Content from your electronic devices (if any) and all that is otherwise in your possession and control that you obtained from accessing the Website.
c) Dispute Resolution and Arbitration.
ii. In an attempt to find the quickest and most efficient resolution of our issues, you and All Wet Publishing agree to first discuss any issue informally for at least 90 days. To do that, please send your full name and contact information, your concern and your proposed solution by postal mail using the mailing address information, found on our website, www.AllWetPublishing.com with the words “ATTN: Unresolved Customer Issue” on the first line of the address. If we should need to discuss an issue with you, we will contact you using the mailing address you provide.
iii. If we do not reach an agreed upon solution after our discussions for at least 90 days, you and All Wet Publishing agree that any Subject Legal Claim that either of us may have must be resolved through binding individual arbitration before the American Arbitration Association using its Consumer Arbitration Rules. There are two limited exceptions to this Dispute Resolution and Arbitration provision:
A. either party may pursue in small claims court any action that is within that court’s jurisdiction, as long as the case proceeds on an individual basis only;
B. either party may seek to enforce its patents, trademarks, service marks, trade secrets, or copyrights in an appropriate state or federal court.
iv. To help resolve any issues between us promptly and directly, you and All Wet Publishing agree to begin any arbitration within one year after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived. You and All Wet Publishing also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waive any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in Overland Park, Kansas. The parties agree that this Dispute Resolution and Arbitration provision is subject to, and will be governed and enforced under, the Federal Arbitration Act.
v. You may download a form Notice to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgement in any court of competent jurisdiction.
e) Complete Agreement.
f) Force Majeure.
Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, terrorism, acts of government, failure of telecommunications, fire or other casualty.
g) Void where Prohibited by Law.
h) Independent Contractors.
11. Questions and Comments about The Website.
We hope you enjoy using the Website. Questions and comments about the content of the Website may be sent by either using the web form or via postal mail using the mailing address information; both found on our website, www.AllWetPublishing.com. We try to read all comments and may not respond to any. Technical questions regarding your software, your configuration, or your connection should be directed to your Internet Service Provider (ISP) or access provider. All Wet Publishing cannot address questions except those specifically about content, services, and resources we provide.
12. Mailing Address of our Office.
ALL WET PUBLISHING, LLC, PO BOX 3987, OLATHE, KANSAS, USA 66063-3987.