Terms Of Use

Effective Date: April 23, 2021

OVERVIEW

These Terms of Use set forth the standards of use of the website WalkingTheText.com, owned and operated by Walking The Text (“WTT”), a registered 501(c)3 non-profit corporation, including any social media account of ours that we have linked to this website. We have established these Terms of Use to promote a safe, non-offensive environment for all of our users. By using our site, you agree to these terms and conditions. We reserve the right, at any time, to modify, alter, or update these Terms of Use. Modifications will become effective immediately on being posted on this website. Your continued use of the website after modifications are posted constitutes an acknowledgment and acceptance of these Terms of Use and the modifications. Except as provided in this paragraph, these Terms of Use may not be modified.

You must be at least the age of majority or legal age of your jurisdiction of residence in order to use our website. If you are under the age of majority, you are prohibited from using our websites and services directly, and a parent or guardian must submit on your behalf. By using our website, you represent and warrant that you are the age of majority and have the right and authority to enter into these Terms of Use.  

CONTENT OWNERSHIP AND PERMISSIONS  

Unless otherwise noted, all content on our website is subject to intellectual property rights, including copyrights and trademarks held or licensed by us. Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, limited right to access, use and view this website and the information contained on it, solely for your own personal use. The website and information includes, without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used on this site, as well as the selection and arrangements thereof (collectively, the “Website Content”). Notwithstanding this grant of rights, you may not (nor may you allow others) to directly or indirectly sell, license, rent, reproduce, modify or attempt to modify or create derivative works from our website content in any way; nor may you reproduce or publicly display, perform, transmit or distribute or otherwise use the Website Content for any public or commercial purpose, including, without limitation, use of the Website Content on any other website or in any environment of networked computers, or transfer the Website Content to any other person without our prior written explicit consent. Except as expressly provided herein, no license to use or reproduce the Website Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Website Content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from us is prohibited.

THE BASIC RULES AND CONDITIONS

We do not monitor all activity on our website, but reserve the right to do so. Users agree to use our website only for lawful purposes. Users may not use our website to post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material, or to engage in any other activity that: 

• infringes on any intellectual property rights, rights of publicity, or privacy rights held by us or any third party;
• violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 
• is fraudulent, false, misleading or deceptive; 
• is defamatory, disparaging, abusive, insulting, immoral, obscene, vulgar, or offensive; 
• promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 
• is violent or threatening or promotes violence or actions that are threatening to any other person; or 
• promotes illegal or harmful activities, including but not limited to, activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or substances.

USER CONTENT, COMMENTS AND OTHER SUBMISSIONS

We are not responsible or liable for any user content submitted to us, including any content, comments, feedback, suggestions, or other submissions (such as blog stories) that third parties submit to our website (collectively “Submissions”). Third party Submissions do not express our views. We do not guarantee that we will edit or delete Submissions. 

You acknowledge that we are not responsible for the accuracy of any Submissions, and that you are solely responsible for your own Submissions. You agree that your Submissions must comply with these Terms of Use. We are under no obligation to maintain any Submissions in confidence, or to respond to any Submissions. We reserve the right to reveal your identity, or any information we know about you, if a complaint or legal action arises from your behavior. We may, without notice to you, refuse or edit your Submission for any reason, including that your Submission violates these Terms of Use, is irrelevant or inappropriate, or represents us in a negative way or in a manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.

Unless otherwise specified, we do not claim ownership of the Submissions. By posting or providing Submissions for us to post, however, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to edit, modify, copy, publish, distribute, translate, create derivative works thereof, and otherwise use in any medium such Submissions for any purpose without restriction or compensation to you or to any third party.

THIRD-PARTY LINKS AND TOOLS

Like many other sites, our website may include links to third-party websites or resources which are not governed by this Terms of Use or our Privacy Policy. We are not responsible for any websites or resources provided by third parties, and our links to these sites and resources do not imply our endorsement of same or the content, products, or services available from such sites or resources. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites or resources. We make no representations or warranties about the content, completeness, or accuracy of the links to third-party sites on our website. Please note that the terms of use and privacy policies of linked sites may differ from ours and should be reviewed by you when you access any other website. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

PROGRAMS AND PROMOTIONS

Any programs, offers, contests, surveys or other similar promotions (collectively, “Promotions”) made available through the website may be governed by rules and/or terms that are additional to these Terms of Use. By participating in any Promotion, you will become subject to any such additional Promotions terms. WTT urges you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with any such Promotions.

NOT PROFESSIONAL ADVICE

The content on our website is provided for entertainment purposes only, and should not be construed as advice. The content is not intended to, and does not, constitute legal, professional, or other advice, and may not be used for such purposes.

PRIVACY POLICY

Personal information and/or data collected from you when you use our website is subject to our Privacy Policy. By using this website, you consent to the collection and use of this information in accordance with our Privacy Policy.

DENIAL OF ACCESS

We may decide, for any reason and at our sole discretion, that any person shall be denied access to any part or all of our website. The sending of an e-mail notice by us to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access this website on issuance of a denial.

DISCLAIMER OF WARRANTIES

Our website is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of our website. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THIS WEBSITE AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE. WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THIS WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

If you are dissatisfied with any portion of our website, these Terms of Service, Privacy Policy, or any other policy applicable to our website, your sole and exclusive remedy is to discontinue using this website. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies.

INDEMNIFICATION

You agree to indemnify, defend, and hold us, our employees, agents, representatives, sponsors, subsidiaries, partners, founders, officers, directors, contractors, licensors, service providers, subcontractors, or suppliers harmless from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), or demands made by any third party due to, connected to, or arising out of your access to or use of our website or content, or your violation of these Terms of Use.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between us in connection with your use of our website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between us (including but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

CONTACT INFORMATION

We welcome your feedback and questions about these Terms of Use. If for any reason you wish to contact us, please send us an email at: privacy@walkingthetext.com  or drop us a line at: P.O. Box 1962, Spring Hill, TN 37174.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Ownership of Website and Content

All content included or available on this website, including, without limitation, website design, text, graphics, interfaces, and the selection and arrangements thereof, source code, object code, music, sounds, characters, artwork, trade dress, trademarks, service marks and copyrighted materials, is the property of Walking The Text, a registered 501(c)3 non-profit corporation, (“WTT,” “we” or “us”) and/or our affiliates or licensors, and we reserve all rights in such content. Any use of content or materials on this website, including reproduction for purposes other than those expressly permitted herein, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission by us is strictly prohibited.

Our website contains materials of third-parties and links to third-party sites. As a result, materials of third parties not owned or controlled by us are included in or linked to our websites or are stored or transmitted by or over our website. To the best of our knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (as described below), WTT will respond expeditiously by removing or disabling access to materials claimed to be infringing. We may also, in appropriate circumstances, terminate relationships with third parties who repeatedly infringe the copyrights of others in connection with our website.

Procedure for Reporting Copyright or Other Intellectual Property Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA), we designate the following as our agent for receipt of notifications of claimed copyright or other intellectual-property infringement:

By email: privacy@walkingthetext.com

By regular mail: P.O. Box 1962

Spring Hill, TN 37174

Attn: DMCA Agent

To notify us of a claimed infringement of your copyright or other intellectual-property right by material residing on or accessible through this website, you must contact us in writing by regular mail or by email at the addresses provided above and provide the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the work claimed to have been infringed, or, if multiple works on this website are covered by a single notification, a representative list of such works at the website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• The following statement by you: “I have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
• The following statement by you: “The information in this notification is accurate, and I, as the complaining party, declare under penalty of perjury that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, we may, in our discretion, remove or disable the material claimed to be infringed.

Please be advised that if you materially misrepresent that material is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether the material infringes on your intellectual property, you should consider contacting an attorney before contacting us.

How to Respond to a Claimed Infringement

If we remove or disable the material claimed to be infringing, we will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send us a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:

• The owner’s physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• The following statement by the owner:“I declare, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
• The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which Stonepile, LLC may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”

If we receive a counter-notice under these provisions, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at our discretion.