This is a legally binding contract between you and WYALD, the production company for Poetry Nap. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, but we welcome your feedback to firstname.lastname@example.org if you have suggestions or questions.
We’re going to use some shorthand to make this easier to read. When we say “site,” we mean poetrynap.com and the services offered through that site. When we say “we,” “us,” or “our,” we mean WYALD, a sole proprietorship. When we say “your content,” we mean any text, sound, graphics or other material which you post, upload, or otherwise share on the site; similarly, when we say “Poetry Nap content,” we mean the copyrightable text, sound, graphics, and other material owned by Poetry Nap. And when we say “terms,” we mean these terms of service.
2. Accepting these terms
Please read these terms before using the site. If you do not agree to these terms, you may not register as a member or use any contact forms. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to email@example.com. If we do not hear from you within ten days, the revised terms will apply to you.
When you register with the site as a member, for our mailing list, buying tickets, or through our donation form, you will be asked to provide certain personal information, including your name and email address. We will store your personal information, but will not share it with any third parties, except as necessary to provide the services offered, to monitor usage, and to improve the service. For example, we may store your personal information along with your files and data on a third party server such as Mailchimp; or we may use a third party tool like Memberful or Castos to learn how you are using Poetry Nap, and how we can improve that experience. We also use your personal information to send you notifications about the service and to respond to customer support requests. We will never share your personal information with advertisers or send you promotions for unrelated services. You can access and change your personal information or cancel your account by logging in to your account settings page.
We may be required to disclose your personal information in order to:
- comply with the law or legal process;
- protect or defend our rights or property, or the rights or property of others;
- enforce these terms; or
- respond to claims that the content of any material on our system violates the rights of others.
If we must disclose your personal information in order to comply with the law or legal process, we will inform you (at the email address you provide) as soon as practicable, provided that it is lawful for us to do so.
We will also aggregate user information and perform statistical analyses of the collective behavior of our members and visitors, to measure overall demographics, and to analyze how to improve our service. We may share this information with third parties (such as Google Analytics), but such aggregate information does not contain personal information other than IP addresses. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or work most frequently in the mornings.
We use session and login cookies, for the Membership functionality. This helps us keep track of when a person is logged in and determine the content or sites users link to, and which services people use. We will also capture login timestamps, and usage statistics, as well as IP addresses.
We will communicate with you via email, to the email address you provide to us. Some communications, such as emails informing you of new features, may be unsubscribed to via the unsubscribe link in the email. If you would like to cease all communications from us, please send an email to firstname.lastname@example.org and we will cancel your account.
4. Permitted users
Poetry Nap is designed for use by adults. You must be thirteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at email@example.com. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
5. Copyright and intellectual property
We own our stuff; you own yours.
All Poetry Nap content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.
poetrynap.com, Poetry Nap, and the Poetry Nap logo are trademarks or registered trademarks of WYALD in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.
6. Canceling your account
You can cancel your Membership account at any time by sending an email to firstname.lastname@example.org.
7. Disclaimer of warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
8. Limitations of liability
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
10. Right to terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
These terms shall be governed by and construed in accordance with the laws of the state of California, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within Alameda County, California, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.