THE NEW YORK WRITING ROOM
TERMS OF USE
May 2020
www.newyorkwritingroom.com (including related domains and mobile sites, the “Site”) is an affiliate website for The Detroit Writing Room, LLC (“DWR”). We encourage you to read the following terms governing your use of the Site. By using the Site or by providing personally identifiable data about you to us, you agree to be bound by these Terms of Service set forth below (the “Terms”).
1. Site Contents
Other than for the purchase of applicable merchandise from our Site, our Site and the contents of our Site (the “Contents”) are intended for personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. We may change, move or delete portions of, or may add to our Site or its Contents from time to time, and these Terms cover any subsequent changes or modifications to our Site and/or its Contents.
The Site and its Contents are protected by copyright, trademark, trade dress and other laws, and all worldwide right, title and interest in and to the Site and its Contents are owned by DWR or its licensors. DWR, The Detroit Writing Room, and all other trademarks appearing on the Site are trademarks of DWR or are licensed and/or used with permission. You agree not to display or use such trademarks without DWR’s express permission.
2. Third Party Content
You acknowledge that the Site may include access to content created, owned, or controlled by third parties (including you or other members). The Site may also link to third parties’ websites. While we may make these available to you, they are not under our control and we are not responsible for their content, nor do we guaranty their accuracy or availability to you. You may be required to agree to such third parties’ terms and conditions in order to use or access their content or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third-party content or websites.
3. Site Transactions
We reserve the right to request further identification for credit card processing on any order you place with us for membership, services or products that may be offered. We reserve the right to change and/or refuse any request you enter on the Site.
4. Prohibited Conduct
You may not:
modify, alter, reverse engineer, or create derivative works of this Site or its Contents;
distribute to third parties or publically display its Contents or use any portion thereof for commercial purposes, except as expressly authorized;
scrape, copy, download, use, or distribute (whether or not for commercial purposes) any other user’s personal information;
send other users of the Site spam, surveys, contests, chain letters, pyramid schemes, or other unsolicited bulk or junk messages;
remove, modify, or obscure any copyright, trademark, or other proprietary notice;
attempt to (i) gain access to any portion of this Site for which you do not have authorized access, (ii) interfere with or interrupt the operation of this Site (including without limitation through denial of service attacks), or (iii) harm DWR or any user of this Site, through hacking, data mining, the use of viruses or other malware, or any other means; or
otherwise use or access this Site, its Contents, or any connected network, system, or database, in any way not authorized by these Terms or in violation of any law.
Areas of the Site may have different terms of use posted. If there is a conflict between these Terms and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
5. Indemnification
You agree that if we post any content you provide, you remain responsible for the content that you submit or send using the Site. You agree to defend and hold harmless DWR and its affiliates, and their employees, contractors, directors, managers, officers, and representatives, from and against any damages, losses, or costs (including reasonable attorneys’ fees), arising from, or in connection with any claim, suit, or action relating to: (i) your content; (ii) your use of the Site; (iii) your violation or infringement of any right of a third party or any applicable law in connection with the Site; (iv) any property damage or personal injury caused by you; or (v) your breach of these Terms.
6. Disclaimer of Warranty
THE SITE AND ALL CONTENT THEREIN, AND ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. DWR AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DWR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, SUPPORT, TIMELINESS, SAFETY, OR PERFORMANCE WITH RESPECT TO THE USE OF THE SITE OR ITS CONTENT. DWR MAKES NO WARRANTY THAT THE SITE OR THE PRODUCTS OR SERVICES WILL MEET USER’S NEEDS OR BE ERROR FREE OR ACCURATE. ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED HEREIN WILL NOT BE ENFORCEABLE.
7. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DWR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING FOR LOSS, CORRUPTION, OR INACCURACY OF DATA, LOST PROFITS, LOST BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT AND REGARDLESS WHETHER DWR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DWR’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8. Governing Law
This Site originates from the State of Michigan. DWR makes no representation that any content will be available or legal in other locations. You agree to comply with all applicable laws governing your use of the Site. You may not access, download, use or export materials posted to the Site in violation of the export laws or regulations applicable to your or our jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to rules or principles regarding conflicts of laws. Any action or proceeding arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in Eastern District of Michigan. Each party irrevocably consents and waives objection to personal jurisdiction and venue in, and agrees to service of process issued by, any such court in any such action or proceeding.
9. Privacy Policy
Our privacy policy, which is posted on the Site, is expressly incorporated into these Terms by reference. It is available at www.newyorkwritingroom.com/termsandconditions.
10. Modifications to these Terms
From time to time, we may change the terms that govern your use of our Site. Your use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed.
11. General
These Terms constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site and related services, and supersedes and merges all prior discussions between the parties. The rights and remedies provided to DWR in these Terms are cumulative and in addition to any other rights and remedies available to it at law or in equity. You may not assign or delegate your rights or duties under these Terms without DWR’s express prior written consent. DWR may assign or delegate its rights or duties under these Terms in its sole discretion. Subject to the foregoing, these Terms shall inure to the benefit of each party’s permitted successors and assigns. In the event that any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that all other provisions shall otherwise remain in full force and effect and enforceable. The parties are independent contractors; nothing herein will be construed to create a partnership, joint venture, or agency relationship between the parties, and neither party by virtue of these Terms will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other party. Headings herein are for convenience of reference only and shall not affect interpretation of these Terms.
OUR PRIVACY POLICY
May 2020
This website (including related domains and mobile sites, the “Site”) and the features, services, and products provided here are owned and operated by The Detroit Writing Room, LLC (“DWR”,“we” or “us”). This privacy policy (“Policy”) sets forth our policies regarding the collection, use, and disclosure of information that you provide to us or that we collect about you while you are using the Site or related services. We will not use or share your information except as provided by this Privacy Policy.
1. Personal Data That You Provide Through the Site
We collect personally identifiable data about you (“Personal Data”) from you when you voluntarily provide such information, such as when you contact us with inquiries, sign up for membership, respond to one of our surveys, enter one of our promotions, purchase products or register for access to certain services available through the Site. We also may collect Personal Data that you provide to us. By providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy.
2. Non-Personal Data Automatically Collected
When you interact with the Site, we receive and store certain information about your usage of the Site. Such information, which is collected passively using various technologies, is not intended to be used to specifically identify you. Examples of information collected as you browse the Site include but are not limited to your: computer or mobile device operating system; browser type and language; IP address and/or MAC address; internet service provider; and referrer URL (the last website visited which linked or led to our Site). We may store such information itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. The Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.
3. Aggregated Personal Data
In an ongoing effort to better understand and serve our users and customers, we often conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we use this aggregate data for our business purposes and we may share such aggregate data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.
4. Data Use and Sharing
We may use your Personal Data for the following purposes:
to process transactions and provide you with products or services you request or purchase;
to facilitate communication between users in accordance with the Site’s features;
to respond to comments and questions and provide customer service;
to communicate with you, such as by sending you confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
to operate, maintain, and improve our sites, products, and services, or to resolve technical problems;
to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;
to notify you about changes to the Site, features, services, or products, or to the terms of use or this Privacy Policy.
We may share your Personal Data for the following purposes:
to our affiliates and third-party service providers to fulfill the purposes described in this Privacy Policy, such as to process and fulfill your orders, and to host and maintain the Site;
as required by law, subpoenas, court orders, or other legal processes;
in the event we negotiate or enter into a business transaction involving the sale or transfer of all or a part of our business or assets (including without limitation any merger, financing, acquisition, joint venture, or bankruptcy transaction or similar proceeding);
to protect our rights and property (including intellectual property) and that of our affiliates, agents, customers, partners, and others, including to enforce our agreements, policies, and terms of use;
in an emergency, to protect the safety of our employees agents, customers, or any person; or
to the extent you consent to the sharing of your personally identifiable information.
5. Marketing Practices
In addition, we may use certain information that may identify you, such as your email, to contact you about goods and services that may be of interest to you, including through the use of our third-party service providers. If you consent, we may also share such information with third parties for similar marketing purposes. However, other than as provided in this Privacy Policy or consented by you, we will not distribute your Personal Data to third parties for marketing purposes. We are not responsible for third parties’ privacy policies, and we recommend that you review the privacy policies provided by our marketing partners. We will give you the opportunity to elect not to receive direct-marketing materials, as described below.
6. Your Rights
We respect your choice of how your information is used and shared. We will use reasonable efforts to provide you with access to your Personal Data that we have on file for you, so that you may correct, amend, or delete any inaccurate information, and we will accept requests from you via email to update your information. In addition, If you do not want us to use or share your information for marketing purposes or to inform you about products and services that may be of interest to you, you may notify us by selecting or deselecting appropriate options presented to you when we collect your information, or by notifying us afterward by email. We comply with the federal CAN-SPAM Act and you can always opt out of receiving further email correspondence from us in accordance with the law.
7. Data Retention Policy
Our normal retention policy is that we retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Note that if we update the information we have on file for you upon your request or if we allow you to do so yourself through the Site, we cannot guarantee that older versions of that information (including outdated or inaccurate versions) will not remain on our systems, including in our backups and archives.
8. Data Security Disclaimer
While it is not possible to guarantee the security of data transmission over the Internet or any wireless network—and therefore you transmit data to us at your own risk—we use reasonable efforts to safeguard the confidentiality of your Personal Data. Once we receive your information, we will use reasonable efforts to ensure its security on our systems. We may provide links to third parties’ websites, which we do not control. We are not responsible for information that you provide to those third-party sites. We recommend that you review the privacy policies if any provided at those sites.
9. Children
The Site does not knowingly target children under the age of 13, and DWR does not collect Personal Data from any child under the age of 13. If we learn that any such information has been provided to us via the Site, we will delete or destroy it. If you believe that Personal Data about your child or another child under the age of 13 has been transmitted through the Site, please email us at hello@detroitwritingroom.com.
10. We are Located in the United States
If you are located outside of the United States while accessing the Site (including without limitation if you are located in the European Union), please be advised that your information will be transmitted into the United States. You consent to this transfer and represent and warrant to us that you have the right to disseminate your information outside of the country where you are located. We protect the privacy and security of Personal Data according to this Privacy Policy regardless of where it is processed or stored. If you provide Personal Data to the Site, you acknowledge and agree that such Personal Data may be transferred from your current location to our offices and servers and the authorized third parties referred to herein located in the United States.
11. Modifications to this Policy
From time to time, we may change the terms of this Privacy Policy that govern your use of our Site. Your use of our Site following any such changes to this Privacy Policy constitutes your agreement to follow and be bound by the terms as changed.
12. Contact
If you have any questions about this Privacy Policy, or if you have suggestions on how we might improve it, please email us at hello@detroitwritingroom.com. Note that any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to DWR on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain DWR property.