Terms and Conditions
MYWRITINGWIZARD.COM TERMS OF USE
By using, viewing, or examining mywritingwizard.com, the User (patron using or accessing mywritingwizard.com), acknowledges agreement with the Terms of Use. If the User does not agree with any of these Terms of Use, do not use this site. Quackenworth ("THE COMPANY," “COMPANY”) owner and operator of mywritingwizard.com, reserves the right, to update or modify these Terms of Use at any time. By using mywritingwizard.com after THE COMPANY has posted notice of such modifications, the User agrees to be bound by the revised terms. THE COMPANY retains the right to deny access to anyone who the Company believes has violated any of these Terms of Use.
THE COMPANY may suspend or terminate the user's account and ability to use any mywritingwizard.com or portion thereof for failure to comply with the terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
RESTRICTIONS
(a) All electronic images ("Materials") on mywritingwizard.com, including, but not limited to text, images, audio clips, video clips, journal prompts, and essay templates are protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by THE COMPANY. Material on mywritingwizard.com is operated and controlled by THE COMPANY, SOLELY FOR THE USER'S PERSONAL, NON-COMMERCIAL USE.
Said Materials may not be copied, reproduced, republished, posted, transmitted, or distributed in any way, including by e-mail or other electronic or physical means. Without the prior written consent of THE COMPANY, modification of the Materials on mywritingwizard.com website, use of the Materials on any other website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial utilization, is a violation of the copyrights, trademarks, and other proprietary rights held by the Company. Such modifications or uses are prohibited.
Said Materials may not be copied, reproduced, republished, posted, transmitted, or distributed in any way, including by e-mail or other electronic or physical means. Without the prior written consent of THE COMPANY, modification of the Materials on mywritingwizard.com website, use of the Materials on any other website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial utilization, is a violation of the copyrights, trademarks, and other proprietary rights held by the Company. Such modifications or uses are prohibited.
AGE REQUIREMENT AND PARENTAL CONSENT
(a) Consumer – A consumer is any user who is accessing mywritingwizard.com through the Wizard Freebie Plan, The Wizard Deluxe Plan, and The Wizard Family Plan. Consumers who are under the age of 14 are required to have a parent’s consent. THE COMPANY recognizes the entry of an email address in the “Parent’s email address” as the first step in parental consent. The final step includes the parent clicking on a link in a confirmation email that is sent to the parent at the time the parent registers on the mywritingwizard.com.
(b) Students – A student is any user who is accessing mywritingwizard.com through the Small Group, Plan Classroom, Freebie Plan Classroom, Deluxe Plan Classroom, or Premium Plan. This also includes plans that are converted from the Wizard Freebie Plan to the aforementioned school plans. An example of this may include a Wizard Freebie subscriber who requests and is accepted into a teacher’s class. Students who want to join a teacher’s class must do so by acquiring a class code from the teacher. For these plans, students are bound by the policies set forth by their school district. Mywritingwizard.com is an educational website and, upon the school’s purchase of a subscription plan, takes on the characteristics of any other educational materials or programs (books, workbooks, educational materials) purchased or used by the school district.
TERMINATION OF SERVICE
(a) THE COMPANY shall permit the parent to terminate service when he/she has refused.
USE OF REGISTRATION INFORMATION
(a) THE COMPANY collects a user’s personal information for functionality and processing purposes only. This personal information is necessary for the organization and coordination of a user’s profile and other backend computing requirements (i.e. sharing, identification, authentication etc.). Personal information as it relates to mywritingwizard.com includes the user’s first initial and last name, a screen name, an email address, zip code, and state. THE COMPANY does not collect the user’s phone number, social security number, or home address.
(b) THE COMPANY does not sell, rent, or redistribute a profile user’s information.
(c) THE COMPANY to provide, upon request of a parent whose child has provided personal information to mywritingwizard.com, upon proper identification of that parent, to such parent: (1) a description of the specific types of personal information collected from the child (2) the opportunity at any time to refuse to permit mywritingwizard.com further use or maintenance in retrievable form, or future online collection, of personal information from a child; and
SUBSCRIPTIONS
(a) All subscribers must agree to the Terms of Service by checking “By checking the box, I agree to the Terms of Service” box.
(b) The Wizard Freebie and the Classroom Freebie plans are provided free of charge.
(c) All other subscription plans, other than the Wizard Freebie and the Classroom Freebie, have varying costs.
(d) Renewals– Subscribers can choose to automatically renew their subscriptions by selecting the “Enable Auto Renewal for My Account Subscription” box. This will allow THE COMPANY to charge the subscriber’s credit card on a monthly or yearly basis, depending on whether the subscriber has chosen a monthly or yearly plan. To cancel a subscription that is set to “Auto Renewal,” the user must inform THE COMPANY of their intention to cancel their subscription by email at info@quackenworth.com.
(e) All paid subscriptions are non-refundable.
USE OF CONTENT
(a) CONTENT - All information, materials, functions and other content contained on mywritingwizard.com is copyrighted property of THE COMPANY. All trademarks, service marks, and trade names (“Content”) are proprietary material. No Content from mywritingwizard.com may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of mywritingwizard.com.
PROFILES
(a) Services on mywritingwizard.com require the user to create a profile. The user agrees to provide, maintain, and update accurate, current and complete information as prompted by mywritingwizard.com’s registration processes. The user shall not impersonate any person or entity or misrepresent an identity or affiliation with any person or entity. The user will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. The user agrees to immediately contact THE COMPANY (info@quackenworth.com) about any unauthorized use of a username, password, other account information, or any other breach of security that the user becomes aware of as it pertains to any profile on mywritingwizard.com. In addition, the user agrees to exit or logout from their account at the end of each session.
SUBMITTING CONTENT (“SUBMISSIONS”)
(a) THE COMPANY refers to the word “Submissions” as text, messages, ideas, concepts, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, the users' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that the user submits, posts, uploads, embeds, displays, communicates or otherwise distributes on the mywritingwizard.com.
(b) According to THE COMPANY's terms of use there are two types of Submissions: Solicited Submissions and Unsolicited Submissions:
1. Solicited Submissions means those Submissions that THE COMPANY expressly requests and that you distribute on or through the mywritingwizard.com. This includes, but is not limited to, journal prompts, current event templates, book report templates, essay templates, and science templates.
2. Unsolicited Submissions are any and all Submissions that do not fall within aforesaid “solicited submissions” guidelines.
(c) Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall not be allowed to exploit and disclose any or all Submissions to any commercial entity for commercial purposes.
COMMUNICATION AND PUBLIC FORUMS
(a) "Public Forum" means an area, site or feature offered as part of any mywritingwizard.com that allows the users to distribute Submissions for viewing by one or more users on mywritingwizard.com, including a chat, message board or social community environment (i.e. “Share Page”). THE COMPANY requires that the user adhere to said policies stated this section (“COMMUNICATION AND PUBLIC FORUM”).
(b) The user acknowledges that Public Forums and features offered therein are for public and not private communications, and the user has no expectation of privacy with regard to any Submission to a public Forum. THE COMPANY cannot guarantee the security of any information the user discloses throughout any part of mywritingwizard.com; The user makes such disclosures at their own risk.
(c) The user shall remain solely responsible for the Submissions they distribute on or through any mywritingwizard.com under their username in any Public Forum and for the consequences of submitting and posting same. THE COMPANY has no duty to monitor any Public Forum.
(d) The user should be skeptical about information provided by other users, and the user acknowledges that the use of any Submission posted in any Public Forum is at the users own risk. THE COMPANY is not responsible for, and does not endorse or support in any way, the opinions, advice or recommendations posted or sent by users in any Public Forum.
RULES OF CONDUCT
(a) The following Rules of Conduct apply to any and all mywritingwizard.com’s users By using mywritingwizard.com, the user agrees that they will not distribute any Submission that:
· is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
· is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
· infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
· is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
· contains a virus or other harmful component, or otherwise tampers with, impairs or damages mywritingwizard.com or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the mywritingwizard.com; or
· (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
(b) THE COMPANY cannot assure that other users of mywritingwizard.com are or are willing to comply with aforesaid Rules of Conduct or any other provisions of these Terms of Use, and, as between the user and THE COMPANY, the user hereby assumes all risk of harm or injury resulting from any lack of compliance.
REMOVAL OF SUBMISSIONS
(a) THE COMPANY reserves the right to remove any Submission from mywritingwizard.com that violates these terms of use (including the Rules of Conduct). PQC also reserves the right to identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when THE COMPANY believes in good faith that such identification or disclosure will either (a) facilitate compliance with laws (b) help to enforce these terms of use (including the Rules of Conduct) and/or game rules, and/or protect the safety or security of any person or property, including any mywritingwizard.com user. Moreover, THE COMPANY retains all rights to remove Submissions at any time for any reason or no reason whatsoever.
ADVERTISING
(a) THE COMPANY provides advertisements in certain subscription plans including, but not limited to, The Wizard Freebie Plan and the Classroom Freebie.
(b) The COMPANY supports the Self-Regulatory Program for Children’s Advertising recommended by The Children's Advertising Review Unit (CARU).
LINKS
(a) This site may contain connections ("Links") to other web sites. These Links are only for the User's sole convenience. The User accesses these Links at his or her own risk. THE COMPANY is not responsible for the content of the linked sites.
(b) THE COMPANY welcomes links to mywritingwizard.com. The User, persons or parties attempting to establish a link to mywritingwizard.com, may create a hypertext link to this site, provided that the link does not explicitly imply sponsorship or endorsement of the User's site by THE COMPANY or endorses illicit behavior or products. The User may not use on his or her site any trademarks, service marks or copyrighted materials appearing on THE COMPANY site, without the express written consent of the owner of the mark or right. The User may not incorporate into another website any of the Materials on THE COMPANY site without express written consent from THE COMPANY.
DISCLAIMER OF LIABILITY AND WARRANTIES
(a) While THE COMPANY does its best to provide quality performance and a good-faith appearance of the material on this website, the user agrees that use of the mywritingwizard.com is at your own risk.
The mywritingwizard.com and all Materials on this website, are provided "as is" and, to the fullest extent permitted by law, are provided without express or implied warranties. THE COMPANY does not warrant that functions self-contained in the Materials in this website will be continuous; that imperfections will be corrected; that the website is free of Trojan horses, worms, viruses or other harmful software components or that the website is accurate, free of errors or reliable.
The mywritingwizard.com and all Materials on this website, are provided "as is" and, to the fullest extent permitted by law, are provided without express or implied warranties. THE COMPANY does not warrant that functions self-contained in the Materials in this website will be continuous; that imperfections will be corrected; that the website is free of Trojan horses, worms, viruses or other harmful software components or that the website is accurate, free of errors or reliable.
(b) The User agrees that THE COMPANY is not liable for any derogatory, offensive or illegal conduct or material found in connection with this site, including such conduct or material transmitted by unauthorized means by other parties.
(c) Indemnity - The User agrees to defend, indemnify and hold harmless THE COMPANY and its affiliates, from and against all liabilities, claims, damages and expenditures (including reasonable attorney's fees and costs) occurring from the use of this website; your breach or alleged breach of the Terms of Use or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
INDEMNIFICATION
(a) The user is responsible for maintaining the confidentiality of their username(s), password(s), and profile(s), as well as all activities that occur under their account(s). The user hereby agrees to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by the user of these terms of use or claims arising from their use of the mywritingwizard.com and/or their account(s). The user shall use their best efforts to cooperate with THE COMPANY in the defense of any claim. THE COMPANY reserves the right, at THE COMPANY's own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by the user.
OTHERS
(a) The Terms of Use operates to the fullest extent permissible by the law. If any provision of the Terms of Use is unlawful, void or unenforceable, that specific provision is considered severable from the Terms of Use and does not, in any way, affect the validity and enforceability of the remaining provisions.
This Terms of Use is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law.
The User agrees to comply to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with the Terms of Use or the User's use or non-use of this website, and the User further waives any right he or she may have to trial by jury in any such dispute, action or proceeding.
This Terms of Use is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law.
The User agrees to comply to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with the Terms of Use or the User's use or non-use of this website, and the User further waives any right he or she may have to trial by jury in any such dispute, action or proceeding.
(b) By accessing the website the user agrees to all of the provisions contained above.