Where a site or app visitor self-identifies as under 13 years of age during the initial registration process, we collect the child’s birth date, user name, password, and parent’s or legal guardian’s e-mail address. We direct the child not to use his or her full name as all or part of the user name, but rather use a nickname or shortened name. We use the parent’s or legal guardian’s e-mail address solely for the purpose of asking the parent or legal guardian for his or her consent and activating the account on the Site. Any information provided by the child is never used to contact. Any Personal Information except the user name of the child that is collected through the initial registration process before receiving the parent’s or legal guardian’s consent, will be encrypted and stored on our servers with the key to decrypt the data stored in a cookie on the computer the child is using. The e-mail we send to the parent or legal guardian requesting his or her consent will contain the key to decrypt the child’s Personal Information. In addition, when a parent or legal guardian activates an account on the Site, we may collect additional Personal Information of the parent or legal guardian at that time, including the parent’s name, contact information, and credit card billing information.
The Information We Collect
Visitors to the Site may browse book titles on the Site without providing any Personal Information. To participate in our “authored by you” memberships, and to purchase products from us, however, we ask the user to register for an account on the Site and to provide us with certain Personal Information as further described below.
Where a visitor self-identifies as 13 years and older during the registration process, we will collect a valid e-mail address, birth date, user name, and password from the user. In the event that the user purchases a subscription membership to the Site or orders a product from us (for example, a book), we will collect name, credit card and billing information (including telephone number and billing address), and we may collect additional information such as gender and country of residence.
We may also request a user name and email address when a user submits a form through our “Contact Us” feature on the Site so that we may respond to the inquiry. We will use the e-mail address submitted through the “Contact Us” feature for the single purpose of responding directly on a one-time basis to a specific inquiry. We also may collect information about you and your use of our Site, services, and/or software through your use of our Site, services, and/or software.
How We Use and Disclose Information
We use a parent’s or legal guardian’s email address to send the parent or legal guardian a message that can be used to activate an account and provide consent for children under 13 years of age to use certain features of our Site and to send the parent or legal guardian communications about the account.
We also use users’ Computer Information to track how the Site is being used, to improve our Site design, to offer products and services, to personalize our users’ experiences, to save a user’s password in password-protected areas, to enable you to use shopping carts on our Site, and to ensure users are following the Site’s Terms of Service. In some cases we may provide your Personal Information to third party vendors and suppliers that we engage to help us provide services to our users. For example, we may engage third parties to process your payments, or produce products and other tangible goods that you order from us. In these instances, we require the third party to keep the information secure and confidential and to use it only for the specific services they are performing for us. Additionally, in the event of a merger, consolidation, or other corporate reorganization in which Write Brain, LLC participates, or a sale of all or substantially all of Write Brain, LLC’s stock and/or assets to which this Site relates, we may transfer your personal information to the successor entity or purchaser.
We may disclose Personal Information about our users, as well as Computer Information, when legally required to do so, at the request of governmental authorities conducting an investigation or by applicable law, rule or regulation, to verify or enforce compliance with the Terms of Service and any other policies governing our Site, or to protect against misuse or unauthorized use of the Site or the services on the Site. We also may disclose Personal Information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of users of our Site, or other third parties.
Published Story Content
If you are under 13 years of age, you are prohibited from including any identifiable Personal Information in any content, text, sounds, works of authorship, and any other materials that you post to the Site as part of the book publishing process, including, without limitation, any content in the products and other tangible goods purchased from us, or content that you commit to merge with Write Brain books which you post to a personal library on the Site (“Your Authored Content”), unless and until your parent or legal guardian gives permission. We will contact your parent or legal guardian and ask them to activate an account for you.
After your parent or legal guardian consents, if you are under the age of 13, or, if you are 13 or older, you may choose to disclose information, including Personal Information, about yourself in “Your Authored Books.” We may also offer online forums, blogs, comment sections, virtual communities, message boards, and/or user profiles for public view or similar forums on the Site (collectively, “Public Forums”), where you may choose to disclose information, including Personal Information. Any of Your “Authored Books” that is designated by you, or, if you are under age 13, your parent or legal guardian, as “public” or “shared,” and any information that is disclosed in any Public Forum is public information, and you agree that there is no expectation of privacy or confidentiality with respect to such content and information. Please note that any information that is designated by you, or, if you are under age 13, your parent or legal guardian, as “public” or “shared” or posted in a Public Forum can be read, collected, or used by other users of the Site, including, without limitation, used to send you unsolicited messages. We are not responsible, and assume no liability for any uses or disclosures of Personal Information designated as “public” or “shared,” or posted in any Public Forum.
Unsubscribing from Newsletters
We will gather the email addresses of users who sign up for the Site for our newsletter or Write Brain Books mailing list. Users may remove themselves from this mailing list by opting out of reviewing newsletters by following the instructions on how to unsubscribe contained in each newsletter, or by changing their preferences on their account page.
The Site places small text files within the preferences of a user’s computer browser, called “Cookies.” Cookies are pieces of data stored on the user’s hard drive that are a way of storing information about the user. Once you provide Personal Information to the Site, this Personal Information may be linked to the data stored in the cookie.
We may also use small pieces of code to collect anonymous and aggregate metrics, such as counting the number of page views on the site. These pieces of code may also be used to deliver cookies.
You may adjust your browser to reject cookies from us or from any other Web site. However, many areas of our Site can only be accessed with cookies enabled, and you should be aware that disabling cookies would prevent you from accessing some features and/or content on our Site.
Links to Third Party Sites
Accessing, Correcting and/or Deleting Personal Information
Users can access and correct their Personal Information supplied upon registration (except for user name, original e-mail address, and date of birth) through your account management page, which can be reached through the following URL: http://www.Write Brain.com/account, and following the directions on such page. You can also delete any Personal Information that is not a required field specified during the registration process, or disable your account through your account management page. To delete your account, however, you will need to contact Write Brain Customer Service through e-mail (customerservice@WriteBrainBooks.com). Upon receipt of your request we will delete your account and your user profile as soon as reasonably possible, provided, however, that you understand that any content, feedback, comments, information, and/or any other materials, including, without limitation, “Your Authored Books,” and any Personal Information incorporated into any of the foregoing, that you have posted to the Site that is posted in areas other than your user personal library and profile, and/or that you have designated as being “public” or “shared,” and that Write Brain and/or other users of the Site have made available in areas on the Site other than your user profile, may not be deleted and/or removed and may remain on the Site. Any content, feedback, comments, information and/or any other materials, including, without limitation, “Your Authored Books,’ and any Personal Information incorporated into any of the foregoing, that you have posted to the Site that remains in our back-up systems will not be deleted.
We may employ procedural and technological measures that are reasonably designed to help protect your personally identifiable information from unauthorized access, disclosure, alteration, or destruction. We may use firewalls and password protection to help prevent unauthorized access to your personally identifiable information.
Effective Date, Updates, and Acceptance
Terms & Conditions
In order to use the services of the Site, you must be a registered user. To become a registered user of the Site, if you are a minor, you must have your account created and registered for you by your parent or legal guardian, or have received permission from your parent or legal guardian to enter into this Agreement and register for, and use the Site and Services (defined below).
TERMS & CONDITIONS
Write Brain World, LLC, Inc. (“Write Brain Books,” “us” or “we”) provides sequential proprietary graphic content in the form of artwork and static animations for personal customized storytelling, publishing services on and through the Site/Apps that allow its customers to uniquely author print books merging written words with provided artwork, commonly called a “Write Brain Book.” The services offered by Write Brain World, LLC on the Site include the Write Brain Books online publishing services, in either single edition or subscriptions, for bundles of products to be provided to you on a monthly basis; Write Brain Book Builder, and any other features, content, or services offered from time to time by Write Brain World, LLC, on or through the Site (collectively, the “Services”). These Terms & Conditions (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By using the Site and Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Write Brainer,” (which means that you have registered with Write Brain World, LLC and set up an account to participate in our subscription services (“Account”). The term “User” refers to a Visitor or a Member. You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or as the parent/guardian of a child. Visitors to the Site can only participate in the Write Brain World, LLC by becoming a registered user of the Site.
Additional Terms. In order to participate in, or receive certain Services (e.g., participate in a specific area of the Site), you may be required to download software or content and/or agree to additional terms and conditions that govern the use of those Services, software, and/or content (“Additional Terms”). Unless otherwise provided by the Additional Terms, those Additional Terms are hereby incorporated into this Agreement. To the extent that there is a conflict between the terms in this Agreement and any Additional Terms, the specific Additional Term shall have precedence with respect to your use of that area of the Site or Service.
Amendments. Write Brain World, LLC may modify this Agreement from time to time. If so, we will post our updated Agreement on this page and post notice of the change so that it is visible when Users visit and/or log-on to the Site for the first time after the change is posted. Your continued use of the Site and Services after the changes have been posted shall constitute your acceptance of the changes. If you do not agree to the updated Agreement, you should cease your use of the Services provided.
2. Term. This Agreement shall remain in full force and effect while you use the Site and Services. You may delete your Account and end your membership at any time, for any reason by following the instructions on the “My Library” page. Write Brain World, LLC may terminate your membership at any time and for any reason, effective upon sending notice to you at the then-current e-mail address in your Account profile. You understand that termination of this Agreement and your Account may involve deletion of your Write Brain World, LLC profile information from our live databases, as well as any Content (defined below), including, without limitation, the published and digitally stored publications (defined below), that you completed using the Site features.
3. Fees and Payment Terms.
a. Fees. You acknowledge that Write Brain World, LLC reserves the right to charge for Services and to change its fees from time to time at its discretion, upon posting by Write Brain World, LLC on the pricing page located on the Site. You will be responsible for the payment of any fees, taxes, or other charges to your Account, and shall pay such fees, taxes, and other changes in accordance with Write Brain World, LLC’s billing terms then in effect as set forth on the pricing pages on the Site.
b. Eligibility; Credit Card Terms. You will be required to give us a valid credit card number (VISA, MasterCard, American Express, or any other issuer then accepted by us), and associated payment information at the time you order Products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Write Brain World, LLC currently does not accept cash, checks, or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. By providing Write Brain World, LLC with your credit card number and associated payment information, you agree that Write Brain World, LLC is authorized to immediately charge the credit card on file in connection with your Account for all subscription and personal book publishing fees, and charges due and payable to Write Brain World, LLC as a result of your purchase of any Products. You agree that no additional notice or consent is required before Write Brain World, LLC charges the credit card for all amounts due and payable, or for ongoing membership subscription plans offered by us. You agree to notify Write Brain World, LLC immediately of any change in your billing address or the credit card used for payment hereunder. Write Brain World, LLC reserves the right, at any time, to change its prices and billing methods for Services and/or Products, either immediately upon posting notice of the changes on the Site and/or by e-mail notification to your e-mail address on file in connection with your Account.
c. Taxes, Fees and Charges. You agree to pay all taxes, fees, and other charges incurred in connection with your use of the Services and orders and purchases of Products (including, but not limited to, sales, use, or value-added taxes). Write Brain World, LLC may automatically charge and withhold such taxes, fees, or other charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Products for overseas delivery, you may be subject to import duties and taxes, which are levied when the Products arrive at the destination that you specified. Any charges for customs clearance have to be borne by you, as Write Brain World, LLC has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Products to get more information. Please also be aware that you are considered the importer of record and must comply with all laws and regulations of said country.
d. Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement, or such dispute will be deemed waived. Notice of billing disputes should be sent to the following address electronically: disputes@WriteBrainBooks.com. If Write Brain World, LLC does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Write Brain World, LLC or its agents.
4. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify Write Brain World, LLC’s acceptance of your Product order, nor does it constitute confirmation of our offer to sell Products to you. Write Brain World, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.
5. Accounts. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image, or photograph.
7. Your Published Story Content.
a. Definitions. “Content” includes text generated from your script into our storybook products, audio as works of authorship into our products supporting audio. “Your Published Content” includes any Content that you merge through the Write Brain Book Builder process with a Write Brain Book of proprietary images to the Site, including, without limitation, any Content in the Products that you submit to Write Brain World, LLC, or that you contribute to other Members’ stories stored on the Site in your personal library.
b. Ownership of Your Written Story Content. You represent, warrant, and covenant that: (i) you own, or otherwise have the right to grant the licenses set forth in this Agreement for Your Story Content that you publish on the Site and Services or provide for our print services to have them printed in a Write Brain Product, (ii) you have obtained all necessary consents and clearances to enable Write Brain World, LLC and/or other Members to exercise the rights granted herein, and (iii) Your Story Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity. You have full responsibility for Your Story Content, including its legality, accuracy, appropriateness, and trademark and copyright ownership. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR STORY CONTENT THAT YOU SUBMIT TO WRITE BRAIN WORLD, LLC AND/OR ON THE SITE OR THROUGH THE SERVICES.
c. License to Write Brain World, LLC. You hereby grant to Write Brain World, LLC and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, and royalty-free license, sublicensable (with the right to sublicense through multiple tiers of licensees in any media, whether known or not currently known and invented) (“License”) to: (i) use, re-format, modify (as necessary to prepare Your Story Content for printing), reproduce, and distribute any and all of Your written Story Content for the purpose of printing and distributing Products that you order or that you authorize for purchase by others, (ii) use, re-format, create backup copies, modify (as necessary to prepare Your written Story Content for the specific restricted purposes your specify during the submission process (“Restricted Purpose(s)”), reproduce, and distribute Your Story Content for the Restricted Purpose(s) (if, and to the extent applicable); and (iii) with respect to any of Your written Story Content that you or your parent/guardian (for children under the age of 13) expressly designate as being “public” or “shared,” to link to, use, reproduce, create derivative works from, syndicate, sell, license, print, sublicense, distribute, publicly display, publicly perform, and otherwise exploit Your Story Content, including, without limitation, making Your written Story Content available to the Write Brain World, LLC community, and to include Your Story Content in Write Brain World, LLC’s promotional and marketing materials. You agree that Write Brain World, LLC may exercise the License granted by you without notice, payment, or attribution (unless expressly specified by you during the submission process). You agree that the License granted to Write Brain World, LLC includes the right for Write Brain World, LLC to contract out the production, including, without limitation, physical printing of the Products, to a third party. You agree that Write Brain World, LLC reserves the right to maintain electronic files of Your Story Content and any Products, as applicable, to fulfill any further orders which may be placed for such Products and to maintain an archival copy of the tangible Product for up to 36 months.
d. Public Use. For the avoidance of doubt, any of Your Story Content that you or your parent/guardian (for children under the age of 13) expressly designate as being “public” or “shared” will not be limited to any Restricted Purpose(s), and is provided on a non-proprietary and non-confidential basis, and will be generally accessible by other Users of the Site and Services. Therefore, be sure that any information that you include in Your Story Content that you or your parent/guardian (for children under the age of 13) have designated as “public” or “shared,” or otherwise agree to share with Write Brain World, LLC or some or all Users and/or Members of the Write Brain World, LLC community during the submission process, is information that you are comfortable sharing with others.
g. No Backup of Content. Write Brain World, LLC encourages you to maintain your own backup of any Content that you post to the Site or submit to Write Brain World, LLC, including, without limitation, Your Story Content. Write Brain World, LLC is not a backup service, and Write Brain World, LLC will not be liable for any loss of, modification, suspension, or discontinuation of any Content offered on or through the Site and Services.
8. Write Brain World, LLC Content. The Services contain Content owned by Write Brain World, LLC or its licensors (other than Members) (“Write Brain World, LLC Content”). You may use the Write Brain World, LLC Content only in connection with the Site and Services, and you may not link to, use, copy, publicly display, publicly perform, communicate, distribute, or otherwise exploit the Write Brain World, LLC Content in or on any third party website (including, without limitation, a website owned or controlled by you or another User), or in products, goods, and/or services not ordered through Write Brain World, LLC. Write Brain World, LLC and its licensors (other than Members) own and retain all proprietary and intellectual property rights in and to the Write Brain World, LLC Content, Site and Services. Write Brain World, LLC hereby grants you a limited, revocable, non-sublicensable, non-transferable, personal license to link to, use, copy, publicly display, publicly perform, create derivative works from, and otherwise communicate and distribute the Write Brain World, LLC Content on or through the Site and Services, and/or in your Products ordered through Write Brain World, LLC solely in connection with your personal use of the Site and the Services. Except for the rights expressly granted under this Agreement, you have no other rights to the Write Brain World, LLC Content.
9. Software. Write Brain World, LLC may provide you with certain proprietary software that Write Brain World, LLC allows you to download from this Site (“Software”). Write Brain World, LLC grants you a limited, personal, non-exclusive, and non-transferable license to use the Software solely for your personal use in connection with viewing the Site and using the Services. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any term of this Agreement. Upon termination of this limited license, you agree to immediately destroy any downloaded Software. Except as stated herein, you acknowledge that you have no right, title, or interest in or to the Software.
10. Rules of Conduct & Activity. You are solely responsible for any Content, including, without limitation, Your Story Content, that you submit, post, or otherwise provide by or through your Account or the Site and/or the Services, and/or that you transmit to Users or any other third party through your Account and/or in connection with the Site and Services, including, without limitation, through e-mails, posting areas, profiles, personal pages, or other services available in connection with the Site and Services, included in any of your Products, and/or through your interactions with other Users.
a. Prohibited Content. You agree that you will not post, submit, or otherwise provide to the Site and/or Services any Prohibited Content (defined herein). “Prohibited Content” includes any Content that: (i) is offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading, or promotes, endorses, or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; (v) promotes, reproduces, performs, or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated images or links to pirated image files; (vi) is involved in the exploitation of persons in a sexual or violent manner, or solicits personal information from anyone under the age of 13; (vii) provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, rule, or regulation, including, but not limited to, laws and regulations governing export control, unfair competition, anti-discrimination and false advertising, and privacy and data protection; (xi) involves commercial activities that are detrimental to the interests of Write Brain World, LLC; or (xii) otherwise violates this Agreement or creates liability for Write Brain World, LLC. Write Brain World, LLC reserves the right to refuse to print any Products that contain Content that it determines at its sole discretion is Prohibited Content, and you agree to indemnify and hold Write Brain World, LLC and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
b. Your Profile. Any Content posted by you in your User profile on the Site may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post, submit, or otherwise provide a name, likeness, photograph, or image of another person without that person’s permission.
c. Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
d. No Disruption. You will not: (i) interfere with, disrupt, or create an undue burden on the Site and/or Services or the networks or services connected to the Site and/or Services; or (ii) introduce software or automated agents to the Site and/or Services, generate automated messages, or strip or mine data from the Site and/or Services.
e. Miscellaneous. You will not attempt to impersonate another User or person, including any employee of Write Brain World, LLC. You will use the Site and Services in a manner consistent with any and all applicable laws, rules and regulations.
f. Enforcement by Write Brain World, LLC and Removal of Content. Write Brain World, LLC has the right (but not the obligation) to review any Content on the Site and to reject, refuse, delete, or remove any Content on the Site, with or without cause, and with or without notice, for any reason or no reason. Without limiting the foregoing in any way, Write Brain World, LLC may delete Prohibited Content and Content that is illegal, offensive, violates this Agreement, and/or the rights of Write Brain World, LLC or any other entity or person, harms or threatens the safety of any User or any other person; or creates liability for Write Brain World, LLC, its suppliers, service providers, partner companies or any User. Write Brain World, LLC reserves the right (but has no obligation) to investigate at its sole discretion, and take action against you if you violate this provision or any other provision of this Agreement, including, without limitation, removing Prohibited Content from the Site and/or Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you. Write Brain World, LLC does not, and cannot review all Content posted by you or other Users of the Site. The foregoing prohibitions do not require Write Brain World, LLC to monitor, police, or remove any Content or other information submitted by you or any other User. Write Brain World, LLC reserves the right to retain a copy of any Content deleted from the Site and/or Services in order to comply with applicable law, resolve disputes, enforce this Agreement, and to take any other actions otherwise permitted by law that Write Brain World, LLC deems necessary at its sole discretion.
11. Copyright Policy. It is Write Brain World, LLC’s policy to terminate membership privileges of any Member who repeatedly infringes upon the copyright rights of others upon prompt notification to Write Brain World, LLC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site and/or through the Services, or used in any Product in a way that constitutes copyright infringement, please provide our Copyright Agent identified below with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Write Brain World, LLC’s Copyright Agent for notice of claims of copyright infringement is as follows: Copyright@WriteBrainWorld.com
12. Feedback and Submissions. To the extent that you provide Write Brain World, LLC with any suggestions, information, ideas, or feedback concerning the Site, Services, and/or Content on or in the Site and Services, including, without limitation, through e-mails, voicemails, postings, or feedback forms (“Feedback”), the Feedback will be the sole and exclusive property of Write Brain World, LLC. You agree to assign, and hereby assign to Write Brain World, LLC, all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist Write Brain World, LLC in perfecting and enforcing such rights. To the extent that you provide any story ideas to Write Brain World, LLC, either solicited or unsolicited (collectively, “Submissions”), you hereby grant Write Brain World, LLC a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, fully paid license (with the right to sublicense through multiple tiers of licensees), under all intellectual property rights therein, to use, reproduce, modify, edit, adapt, create derivative works, publicly perform, publicly display, publish, make, sell, offer for sale, and otherwise exploit your Submissions on an unrestricted basis for any purpose. These rights are non-exclusive, and you are free to use your Submissions for any purpose, too. Therefore, to avoid the possibility of any future misunderstandings when projects developed by us or under our direction might seem similar to your own creative works, do not submit any Submission for which you are not willing to grant the license set forth above. You retain ownership of any copyrights or other intellectual property rights in any Submissions. You agree that any Feedback and Submissions you submit are not being made in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way. Please be sure that any information you include in any Feedback or Submission is information that you are comfortable with sharing with others. You further acknowledge and agree that you have no expectation of any review, compensation, or consideration of any of your Feedback or Submissions. The terms of this provision apply equally to Feedback and Submissions that are either solicited by Write Brain World, LLC, or voluntarily submitted by you. Accordingly, we, our licensees, distributors, agents, representatives, and Users of the Site and Services shall be entitled to exploit and disclose all Feedback and Submissions, and we shall not be liable to you or any third party for any exploitation or disclosure thereof.
13. Limited Warranty
a. Limited Warranty for Purchased Products. Write Brain World, LLC warrants that, subject to minor differences across products and printing partners as described in Write Brain World, LLC’s Return Policy, any books that you order from the Site (“Books”) will be free of any defects in materials and workmanship. Write Brain World, LLC will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective Books that you report to Write Brain World, LLC via Write Brain World, LLC’s customer support within seven (7) days of your receipt thereof. Warranties offered for other Products ordered through the Site, if any, will be subject to the terms and conditions set forth on any warranty information page(s) on the Site. To report a warranty claim and/or for further limited warranty information, you may contact Write Brain World, LLC’s customer support department: customersupport@WriteBrainWorld.com
b. Warranty Disclaimer. Write Brain World, LLC does not proof, edit, or change any of the Content, including, without limitation, any of Your Story Content or any Member Story Content, in the Products that you post or submit for production unless you choose to use our spell checking option. As a result, the foregoing limited warranty does not include the obligation to correct any (a) typographical errors, mistakes in grammar, unfinished text, or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including formatting, organization, style, color, and page layout; or (d) other creative choices that you make related to the Product. THE CONTENT OF A PRODUCT THAT YOU HAVE SUBMITTED CANNOT BE EDITED ONCE THE PRODUCT HAS BEEN ORDERED. Therefore, you agree that you will not order a Product unless it has been fully proofed and you are satisfied that it is ready to be published and/or produced. Write Brain World, LLC is not responsible for any incorrect or inaccurate Content (including, without limitation, any of Your Story Content or any Member Story Content) posted on the Site and/or Services, whether such inaccuracies are caused by Write Brain World, LLC or its Users, or by any of the equipment or programming associated with or utilized in connection with providing the Services. Write Brain World, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, any Content submitted by Users. Write Brain World, LLC is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to, or resulting from participation or downloading materials in connection with the Site and/or Services. Under no circumstances shall Write Brain World, LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the Site and/or Services, or from any Content posted on the Site and/or Services or transmitted by or to Users, or any interactions between Users of the Site and/or Services, whether online or offline.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SITE, SERVICES, AND ALL CONTENT ON OR IN THE SITE AND SERVICES AND PRODUCTS, AS WELL AS THE PRODUCTS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND, (B) WRITE BRAIN WORLD, LLC EXPRESSLY DISCLAIMS AND EXCLUDES ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
14. LIMITATION ON LIABILITY: TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WRITE BRAIN WORLD, LLC AND ITS AFFILIATES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE, SERVICES, OR ANY CONTENT OR PRODUCTS, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF, OR RELATED TO THIS AGREEMENT OR THE SITE, SERVICES, CONTENT, AND PRODUCTS EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WRITE BRAIN WORLD, LLC SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WRITE BRAIN WORLD, LLC OR ITS AFFILIATES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
15. System Outages and Changes to Services. You acknowledge and agree there will be occasions when the Site and/or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Write Brain World, LLC, and that Write Brain World, LLC will have no liability for your inability to access and/or use the Site and/or Services, or any portion thereof during any of the foregoing events. Write Brain World, LLC reserves the right to change, alter, or vary the Site, Services, and/or Content offered on or through the Site and Services at any time without notice.
16. Release. You hereby release Write Brain World, LLC, its officers, employees, agents, and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to, or arises from any interactions with other Users. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
17. Indemnity. You agree to defend, indemnify, and hold Write Brain World, LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to, or arising out of your use of the Site and Services in violation of this Agreement, Your Story Content, or any other Content submitted by you or an individual using your Account, that violates any applicable local, state, federal, or international law, rule or regulation, or intellectual property rights of a third party, or arising from your breach of any provision of this Agreement.
18. Electronic communications. The communications between you and Write Brain World, LLC use electronic means, whether you visit the Website or send Write Brain World, LLC e-mails, or whether Write Brain World, LLC posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Write Brain World, LLC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Write Brain World, LLC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
19. U.S. Export Controls. Content and software available in connection with the Site and Services (the “Software”) is further subject to United States export controls. No Content or software may be downloaded from the Site and/or Services, or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content and software, you represent and warrant that such download or use is not in violation of any such law.
20. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Write Brain World, LLC agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in San Mateo, California (USA) and the Federal courts located in the Northern District of California (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement, where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through JAMS (“ADR Provider”) and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Write Brain World, LLC may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally be sold, bought, exported, offered, or imported. You shall always comply with all of the international and domestic laws, ordinance, regulations, and statutes that are applicable to your use of the Services and your purchase of Books and other products from the Write Brain World, LLC Services.
21. Links to Third Party Websites. This Site may be linked to other websites that are not Write Brain World, LLC websites (“Third Party Websites”) and certain areas of the Site may allow you to conduct transactions or purchase goods or services from or through such Third Party Websites. Write Brain World, LLC is providing these links to you as a convenience, and Write Brain World, LLC does not verify, make any representations, or take any responsibility for such links to Third Party Websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, links displayed, or activities conducted on such Third Party Websites. The Third Party Websites may have different privacy policies and terms and conditions and business practices than Write Brain World, LLC. Your dealings and communications through the Site with any party other than Write Brain World, LLC are solely between you and said third party. Any complaints, concerns, or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT WRITE BRAIN WORLD, LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES, OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEBSITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, process, publication, or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer, or otherwise does not constitute or imply Write Brain World, LLC’s endorsement or recommendation.
22. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any “act of God.”
23. Copyright/Trademark Information. Copyright © 2014, Write Brain World, LLC. All rights reserved. The trademarks, logos, and service marks (“Marks”) displayed on the Website are the property of Write Brain World, LLC or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
24. General. If any term of this Agreement is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Write Brain World, LLC’s failure to enforce any term of this Agreement is not a waiver of such term. This Agreement is the entire agreement between you and Write Brain World, LLC and supersedes any prior or contemporaneous negotiations, discussions, or agreements between you and Write Brain World, LLC with respect to the subject matter hereof. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and definitions and rights, duties and obligations of the parties that by their nature continue and survive, shall survive any termination of this Agreement.
Children’s Online Privacy Protection Act
Write Brain World, LLC Compliance with Children’s Online Privacy Protection Act
If your child is under the age of 13, the Children’s Online Privacy Protection Act (COPPA) requires that Write Brain World, LLC. (“Write Brain” or “we” or “us”) obtain your permission to collect and share certain information about your child.
Please note that your child could include personally identifiable information in the stories they write into our Write Brain Books, and we are not responsible for monitoring or preventing this occurrence.
Below we summarize how we use and disclose the information we collect and protect the privacy of your child. All basic or any other free Write Brain accounts do not permit children under the age of 13 to share personally identifiable information.
• As a primary account holder (the person primarily responsible for ordering services from us and paying any fees or other charges made to a Write Brain account), we require you to activate the account and consent to the disclosure of personal information for any child under the age of 13 who is using your account.
• As the primary account holder, you can create and implement parental controls to limit secondary account holders’ (e.g., your child’s) ability to post scripted content on our websites.
• Children who are under the age of 13 are expressly prohibited from including any personally identifiable information in any content that they post to our websites, unless or until their parents or legal guardians give permission. However, Write Brain has no control over any personally identifiable information that a child chooses to include in any content posted to our websites that violates the foregoing restriction.
Types of Personally Identifiable Information Collected:
• Where a visitor to our websites self-identifies as under 13 years old during the initial registration process, we collect the child’s birth date, user name, password, and parent’s or legal guardian’s e-mail address. We ask the child not to use his or her real name as all or part of the user name. Any information provided by the child is not used to contact the child unless or until we receive parental or legal guardian consent. Any personally identifiable information, except the user name of the child that is collected through the initial registration process before receiving the parent’s or legal guardian’s consent, will be encrypted and stored on our servers with the key to decrypt the data stored in a cookie on the computer the child is using. The e-mail we send to the parent or legal guardian requesting his or her consent will contain the key to decrypt the child’s personally identifiable information.
• Once we receive consent from a parent or legal guardian, we may collect additional personally identifiable information from children under 13 or their parents or legal guardians, including, ut not limited to: parent’s or legal guardian’s name, contact information and credit card billing information (including telephone number and mailing address).
• Children may choose to provide personally identifiable information about themselves in the content they post on our websites.
• We do not condition a child’s participation in an activity on the disclosure of more personally identifiable information than is reasonably necessary to participate in the activity of authoring Write Brain books.
How We Use Personally Identifiable Information:
We may use the personally identifiable information that we collect from a child to:
• Contact you to obtain your consent and to allow you to activate an account on one or more of our websites. • Determine whether your child is able to post content on one or more of our websites. • Send a child products purchased by a primary account holder. • Provide information that we believe would be of interest or benefit to your child.
Disclosure of Personally Identifiable Information to Third Parties:
• The third parties to whom we disclose personally identifiable information must agree to protect the security and confidentiality of your child’s personally identifiable information.
Access, Review, Correction, and Deletion of Your Child’s Personally Identifiable Information:
As a primary account holder, you may access, review, correct, or delete personal information that we maintain about your child, and may refuse to permit further collection or use of your child’s information.
Account Settings for Children Determined by Primary Account Holders.
• Write Brain cannot control if a secondary account holder includes personally identifiable information in any content that has been authorized by a primary account holder to be posted.
• As the primary account holder, you must log-in with your account log-in information to change the account settings.
Contact Information: To contact Write Brain about its privacy practices for children, you can e-mail us at email@example.comClick Here to View WBB Coppa DOC