If you do not agree with the Terms (or do not have the authority to do so), you should not use the Site or any Content. If you have any questions about any of the Terms, please contact us at (240) 696-7700 or firstname.lastname@example.org. We suggest that you print a copy of the Terms for your records.
We may change the Terms at any time, so review them whenever you access or otherwise use the Site or any Content because if you access or otherwise use the Site or any Content after a change in the Terms, you will be deemed to have agreed to the most current version of the Terms.
1. Access and Use
Access: Our ability to provide high quality Content depends, in part, on you complying with the Terms, particularly our copyright and reproduction policy. The amount of AWP Content that you can view depends on what kind of user you are. For example, if you are not a subscriber, your access to Content is more limited.
International Use: We do not represent that the Site or Content is appropriate or available for access from or use in countries outside the U.S. If you choose to access or use the Site from outside the U.S., you are responsible for compliance with all foreign and local laws.
IP Protection: The Website, including photographs, video, audio, graphics, and other Content, is protected by copyrights, trademarks, service marks, and other proprietary rights under U.S. and international laws and treaties. The Content is also protected as a collective work or compilation under U.S. copyright law. All individual articles and other elements making up the Content are also copyrighted works. You will comply with all copyright and other laws, including copyright notices or restrictions in the Content. You acknowledge that we and our licensors have used judgment and considerable effort and expenditure of resources to develop, compile, select, and arrange the Content and that the Content is valuable intellectual property of AWP and others. You will protect our and others’ proprietary rights in the Content and comply with all reasonable requests we make to protect such rights. You will notify us promptly when you learn of any unauthorized access or use of the Content by anyone or of any claim that the Content infringes upon any right of a third party. As between you and AWP, all present and future rights, whether in the form of trade secrets, patents, copyrights, trademarks, service marks, know-how, or otherwise relating to the Content ("IP Rights") shall remain the sole and exclusive property of AWP or its licensors. Except as specifically permitted by the Terms, you may not copy or use any of the Content for any purpose without our prior written consent.
Permitted Use: You may do the following with the Content:
- view and store it for your personal use on any device that is compatible with the Site (e.g., a PC, laptop, smartphone, or other mobile device).
- print single copies of articles on paper for your personal use.
- share links to articles by using our software tools on the Site.
- share articles using our “Email article” tool.
Placement of AWP-supplied promotional materials is permitted as long as the guidelines for use are strictly followed. Unauthorized use of the AWP logo, with or without AWP’s, name is prohibited.
Instructors at AWP member institutions are permitted to use AWP online content (The Writer’s Chronicle articles, pedagogy articles, career advice articles, Advice from the Field, Writer’s News articles, podcast episodes, and/or videos) for pedagogical purposes provided that the content is not printed, shared, saved, or distributed. Such content may only be viewed online. If an instructor wishes to print or otherwise distribute copies of AWP content, he or she must contact AWP to determine the usage restrictions for a particular piece. AWP holds first serial rights and electronic rights to many pieces, but further use of certain pieces will require contacting the original author or creator.
All content that appears on the AWP website but is not created by AWP, including discussion comments and images, cannot be used outside of the AWP website without express written permission from AWP and the original author.
The AWP website may be unavailable periodically for routine maintenance, repairs, or updates. AWP will give as much notice as possible in the case of outages, but AWP does not need to announce outages that are beyond AWP’s control, such as outages caused by the website host.
AWP takes no responsibility for the quality of practices implemented by the employers, publishers, and award-making organizations whose advertisements or notices may appear on the pages of the AWP website. AWP takes no responsibility for the content supplied by the employers, publishers, and award-making organizations whose advertisements or notices may appear on the pages of the AWP website.
If you choose to submit your work or applications to the prospective employers, publishers, and award-making organizations whose notices appear here, you do so at your own risk.
Please note: the above rights do not extend to Content provided by our licensors which you may not republish or redistribute in whole or in part.
If we notify you that we believe you are violating any Term, you shall immediately stop doing so, and your rights to use the Site will be deemed terminated indefinitely unless we agree otherwise.
Additional Restrictions: You may not use the Site or any Content for any unlawful purpose or in any way which is inconsistent with any Term. For example only, this means that you may not:
- share your user name and password with anyone. Sharing a password means a copy of the Content may be made by an unauthorized user. We reserve the right to track usage of the Site to detect password sharing and any other abuse.
- except as permitted by the Terms, (a) use, transfer, distribute, or dispose of any information in the Content in any way that could compete with the business of AWP or any of our licensors; or (b) copy, reproduce, modify, recompile, decompile, disassemble, reverse engineer, transmit, distribute, publish, display, upload, sell, license, rent, create derivative works from, edit, or in any way exploit any part of the Content.
- photocopy or scan any Content without a license from us or our applicable licensor.
- remove any copyright, trademark, or other proprietary notice from any Content or any permitted copy made under the Terms.
- create an electronic or other database for any of the Content in whole or in part.
- frame or scrape any Content or otherwise access the Content for a similar purpose.
- use or attempt to use the Content outside the scope of your subscription or access rights.
- Send unsolicited email or spam to anyone or upload or send any message that in our sole opinion is unlawful, libelous, slanderous, obscene, hateful, insulting, threatening, abusive, misleading, deceptive, offensive, or otherwise than is friendly, civil, and written as if by a guest to a host.
When you register with AWP, you must give us truthful, accurate, and complete information, e.g., your name, telephone number, and mail and email addresses, and any other necessary information. You must update changes to that information on the applicable registration or subscription pages. We are entitled to, and shall, rely on any information you provide. If we cannot verify that information, we may deny you access to the Site.
Each registration and password (“ID”) is for a single user only. You may not impersonate any person or entity or misrepresent any connection with any person or entity. Program directors must create separate user accounts for their faculty, staff, and students. By granting user access to multiple individuals under a single user account, a program director is permitting those individuals to delete, modify, or otherwise alter the program’s account, including its affiliated faculty, staff, and student memberships and its entry in AWP’s Guide to Writing Programs.
You may not share your ID or allow access to the Content using your ID to anyone else. We may cancel or suspend your access without notice and without further obligation to you if you share your ID. The use of your account by anyone under the age of 18 is strictly prohibited. You may not have more than one account with us at any one time. You may not avoid any method we use to control access to and use of the Site. You are responsible for all use of the Site through your ID. If you believe or suspect that your ID has been compromised or any other breach of security has occurred, please notify us at email@example.com immediately.
You are not required to have an AWP user account to access the publicly available information on our website. You will, however, be required to create an account to complete a purchase at our Store.
In order to access the members-only features on our website, an AWP member must have an active AWP user account. If a membership expires, that AWP account remains in the AWP system and can be activated again by the individual upon renewing (repurchasing) a membership.
An AWP member may be designated as a program director only after confirmation by AWP’s membership staff. This status may be revoked or transferred at AWP’s discretion.
The program director of an AWP organizational member program is responsible for authorizing the AWP members who are part of his or her program to access and administer the program’s account. This access can be revoked at any time by the program director.
For students, faculty, and staff of AWP organizational member programs, access to the members-only content on AWP’s website will be granted or revoked at the discretion of the program director and any organizational member that the program director has authorized to access the member program’s account.
3. Content Licenses and Conduct
To You: You acquire absolutely no right or license in or to the Content other than the limited right to use the Content in accordance with the Terms. You may print or download to a single computer one copy of the Content for your personal, non-commercial use only. Any other use is strictly prohibited.
From You: If you submit material (“User-Generated Content” or “UGC”) to the Website, AWP, or any representative of ours, you grant AWP and its affiliates a nonexclusive, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such material throughout the world in any form, media, or technology now known or hereafter developed without attribution to you. You also permit any other user to access, store, and reproduce such UGC for that user's personal use. You grant us the right to use the name that you submit in connection with such UGC. You represent and warrant that you own or otherwise control all of the rights to the UGC that you submit; that any UGC you submit is truthful and accurate; that use of such UGC does not violate any Term and will not injure any person or entity; and that you will indemnify ANP and its licensors and their respective agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from any UGC you supply. You waive any moral rights that you may have in regard to your UGC.
Without limiting the foregoing, you will:
- only publish UGC that is your original content and will not infringe the copyright, trade secret, confidentiality, or other right any of any third party.
- not post, link to, or otherwise publish any UGC containing any recommendation, advertising, or promotion for any good or service, including any stock or other investment.
- not disguise the origin of any UGC.
- not post or transmit any UGC that contains any computer code designed to destroy, limit, or interrupt any functionality of the Site or anything else.
- not collect or store another user’s personal information or inhibit or limit another user from using the Site.
We cannot monitor all UGC, and we have no control over UGC submitted by other users. We certainly can’t guarantee its accuracy, integrity, or quality. Also, some users may not behave properly and may post UGC that is misleading, untrue, offensive, or otherwise violates a Term. If we have actually received notice that some UGC breaches a Term, then we will review that UGC to decide whether to remove it from the Site. If you believe that any UGC infringes any legal right that you may have or is not allowed under the Terms, please notify us immediately with specific details at firstname.lastname@example.org.
You represent, warrant, and agree that: (a) you will access and use the Site and Content only in accordance with the Terms; (b) you are at least eighteen (18) years old; (c) you have the power and authority to enter into this agreement with us; and (d) you will not interfere with the authorized use of the Site by any other user, nor attempt to collect information about other users other than in the course of your use of the Site in accordance with the Terms.
Your Indemnity: You will indemnify and hold us and our subsidiaries and affiliates, employees, contractors, officers, and directors harmless from all liabilities, claims, expenses (including, without limitation, reasonable attorney's fees, whether incurred as the result of a third party claim or a claim to enforce this Term), and other damages that arise directly or indirectly in whole or in part from your use or misuse of the Site or any Content or from your breach of any Term in whole or in part. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate fully with any such defense.
4. Linking; Third Party Links on Our Site
You may provide a hypertext link to the Site on another website provided it is a text-only link clearly marked "awpwriter.org " which points to the URL http://www.awpwriter.org and not to other pages within the Site, and which displays the Site "full-screen" and not within a "frame" on the linking website. Further, the appearance, position and other aspects of any link to the Site must not be such as to damage or dilute the goodwill associated with our name, trademarks, and service marks or create the false appearance that we are associated with or sponsor the linking website. We reserve the right to revoke our consent to any link at any time in our sole discretion. You may not remove, distort or otherwise alter the size or appearance of any AWP logo.
5. AWP Not Responsible; Disclaimer; Limit of Liability
DISCLAIMER: The Site and all Content are provided “as is”, without warranty of any kind, express, implied, or statutory, including, but not limited to, any warranty of merchantability, fitness for a particular purpose, non-infringement, completeness, accuracy, timeliness, security, performance, or availability of anything on or linked to from the site. Use of the Site and Content is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Without limiting the foregoing, note that we do not control, and are not responsible for, third party networks, the Internet, third party actions, acts of God, or any other actions beyond our control.
OUR LIMIT OF LIABILITY: Under no circumstance will we or our subsidiaries or affiliates (including all of their respective directors, officers, employees, agents, successors, and assigns) be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Site or any Content. This limitation applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis, and even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the full extent permitted by law. Notwithstanding the above and regardless whether any remedy fails of its essential purpose, if we are found liable for any loss or damage arising out of or relating to the use of the Site or any Content, our liability shall in no event exceed the fee or charge you have paid to us in the last six (6) months, and for such purposes all your claims shall be aggregated and damages determined only once.
We reserve the right at any time to charge fees for access to all or portions of the Site. If we require a fee, we will first require you to create an account. You will not be charged for access to the Site unless you have indicated you agree to pay such charges. Note: by submitting your payment and other subscription details, you are making an offer to us to buy a subscription or other service. We will only accept your offer and have a contract when we have verified your payment details, email address, and any other information we deem reasonable. We reserve the right to reject any offer for any reason or no reason.
You will pay all fees and charges (including taxes) incurred on or as the result of the use of your account, including the purchase of any products or services, at the rates in effect for the billing period in which such fees and charges were incurred. All fees and charges incurred in connection with your account will be billed to you, and you will be solely responsible for their payment. We may terminate your access to the Site if we have any doubt about your payment details or authorization. If you are entitled to a refund under the Terms we will credit that refund to the card or other payment method you used to submit payment. If it has expired, we will contact you.
We reserve the right to terminate your access and account if you breach any Term. If we do, we owe no further obligation to you. We also reserve the right to terminate your access and account solely for our convenience. If we do, we will refund a pro rata portion of any subscription fee you have paid us. Upon termination of your access and account for any reason, the provisions of the Terms concerning IP Protection, AWP’s Responsibility, Disclaimer, Limit of Liability, Indemnification, User Conduct, Third Party Links, Fees, Choice of Law and Jurisdiction, and General will survive.
A user is allowed to cancel an AWP user account at any time for any reason by contacting AWP Membership Services at email@example.com or (240) 696-7700. An active member is permitted to cancel a membership at any time for any reason. AWP does not extend refunds for unused memberships after the time of purchase.
8. Choice of Law and Jurisdiction
These Terms and your use of the Site will be governed by the laws of the United States and the State of Virginia, excluding its conflict of laws principles. You will submit to the exclusive personal jurisdiction of the state and federal courts located in Fairfax County in the State of Virginia with respect to any legal proceedings that may arise in connection with the Site or from a dispute as to the interpretation or breach of the Terms. Any cause of action arising out of or relating to the Site and your agreement with us must be brought within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred.
You may not license or transfer any of your rights under the Terms. We may transfer any of our rights or obligations under the Terms to any entity but if we do so we will use commercially reasonable efforts to ensure that such entity will continue to honor your rights under them.
The Terms are the entire agreement between you and us with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and us with respect to the Site. If any Term is found to be invalid in whole or in party by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining Terms, which will remain in full force and effect and be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties reflected in the Terms.
Failure by a party to exercise any right or remedy under the Terms is not a waiver of that right or remedy. Headings in the Terms are for convenience only and will have no legal meaning or effect.