1. ACCEPTANCE OF TERMS
Wel­come to AChildWrites.com, A Child Writes (the “Ser­vice”). Your use of the Ser­vice is sub­ject to these Terms of Ser­vice (“TOS”).  A Child Writes reserves the right to update and change the TOS from time to time with­out notice or accep­tance by you. The TOS will also be applic­a­ble to the use of the Ser­vice on a trial basis. By using the Ser­vice, you sig­nify your irrev­o­ca­ble accep­tance of this TOS, as amended by A Child Writes periodically.

2. DESCRIPTION OF SERVICE
The Ser­vice is web-based and allows users that reg­is­ter for an account on the Ser­vice (an “Account Holder”) to cre­ate and update an online pro­file on A Child Writes’ Inter­net prop­erty. Once reg­is­tered with the Ser­vice, each Account Holder receives his or her own Pro­file to post “Con­tent” (as such term is defined in Sec­tion 7).  Unless explic­itly stated oth­er­wise, any new fea­tures that aug­ment or enhance the cur­rent Ser­vice, includ­ing the release of new A Child Writes tools and resources, shall be sub­ject to the TOS. In order to use the Ser­vice, you must obtain access to the World Wide Web, either directly or through devices that access web-based con­tent.  In addi­tion, you must pro­vide all equip­ment nec­es­sary to make such con­nec­tion to the World Wide Web, includ­ing a com­puter and modem or other access device. You also under­stand and agree that the ser­vice may include cer­tain com­mu­ni­ca­tions from A Child Writes, such as ser­vice announce­ments, admin­is­tra­tive mes­sages and the A Child Writes Newslet­ter, and that these com­mu­ni­ca­tions are con­sid­ered part of A Child Writes mem­ber­ship.  You agree not to access the Ser­vice by any means other than through the inter­faces that are pro­vided by A Child Writes for use in access­ing the Service.

3. REGISTRATION
In order to use the Ser­vice, you must have a valid A Child Writes user­name. To be an Account Holder with your own Pro­file, you must pro­vide A Child Writes with your name, a valid email address and other infor­ma­tion (“Reg­is­tra­tion Data”). As an Account Holder, you will choose a pass­word and user­name for your Pro­file dur­ing the Service’s reg­is­tra­tion process. You are respon­si­ble for main­tain­ing the con­fi­den­tial­ity of the pass­word and account, and are fully respon­si­ble for all activ­i­ties that occur under your pass­word or account. You agree to (a) imme­di­ately notify A Child Writes in writ­ing of any unau­tho­rized use of your pass­word or account or any other breach of secu­rity, and (b) ensure that you exit from your account at the end of each ses­sion. A Child Writes can­not and will not be liable for any loss or dam­age aris­ing from your fail­ure to com­ply with this Sec­tion 3. In con­sid­er­a­tion of use of the Ser­vice, you agree to: (a) pro­vide true, accu­rate, cur­rent and com­plete infor­ma­tion about your­self as prompted by the Service’s reg­is­tra­tion form, and (b) main­tain and promptly update the Reg­is­tra­tion Data to keep it true, accu­rate, cur­rent and com­plete. If you pro­vide any infor­ma­tion that is untrue, inac­cu­rate, not cur­rent or incom­plete, or A Child Writes has rea­son­able grounds to sus­pect that such infor­ma­tion is untrue, inac­cu­rate, not cur­rent or incom­plete, A Child Writes has the right to sus­pend or ter­mi­nate your account and refuse any and all cur­rent or future use of the Ser­vice (or any por­tion thereof). Users under 13 years of age must require a legal guardian to reg­is­ter them with ver­i­fi­ca­tion via delayed email through A Child Writes service.

4. CANCELLATION AND TERMINATION
If you can­cel the Ser­vice, your can­cel­la­tion will take effect imme­di­ately. After can­cel­la­tion, you will no longer have access to your Pro­file and all infor­ma­tion con­tained therein may be deleted by A Child Writes. A Child Writes accepts no lia­bil­ity for such deleted infor­ma­tion or con­tent.
You agree that A Child Writes, in its sole dis­cre­tion, may ter­mi­nate your pass­word, and/or account, and remove and dis­card any Con­tent within the Ser­vice (includ­ing, but not lim­ited to your Pro­file if you are an Account Holder), for any rea­son, includ­ing and with­out lim­i­ta­tion if A Child Writes believes that you have vio­lated or acted incon­sis­tently with the let­ter or spirit of the TOS. Any con­tracts, ver­bal or writ­ten or assumed, in con­junc­tion with your deleted Pro­file (as applic­a­ble) and all its parts, at A Child Writes’ dis­cre­tion, will be ter­mi­nated as well. A Child Writes may also in its sole dis­cre­tion and at any time, dis­con­tinue pro­vid­ing the Ser­vice, or any part thereof, with or with­out notice. You agree that any ter­mi­na­tion of your access to the Ser­vice under any pro­vi­sion of this TOS may be effected with­out prior notice, and acknowl­edge and agree that A Child Writes may imme­di­ately deac­ti­vate or delete your Pro­file, as applic­a­ble, and all related infor­ma­tion and files. A Child Writes reserves the right to bar any fur­ther access to such files or the Ser­vice. You agree that A Child Writes shall not be liable to you or any third-party for any ter­mi­na­tion of your access to the Service.

5. A Child Writes PRIVACY POLICY
Reg­is­tra­tion Data and cer­tain other infor­ma­tion about you are sub­ject to our Pri­vacy Pol­icy, the terms of which are incor­po­rated into this TOS by ref­er­ence. Per­sonal data that may be shared on your Pro­file is at the dis­cre­tion and respon­si­bil­ity of the Account Holder. The Account Holder pro­files may only be viewed by other Account Hold­ers.  A Child Writes keeps all mem­ber infor­ma­tion set to pri­vate and not in the pub­lic view.

6. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are respon­si­ble for main­tain­ing the secu­rity of your account and Pro­file, and you are fully respon­si­ble for all activ­i­ties that occur under the account and any other actions taken in con­nec­tion with the Pro­file. You agree to imme­di­ately notify A Child Writes in writ­ing of any unau­tho­rized uses of the account or any other breaches of secu­rity. A Child Writes can­not and will not be liable for any loss or dam­age from your fail­ure to com­ply with this secu­rity oblig­a­tion. You acknowl­edge and agree that under no cir­cum­stances will A Child Writes be liable, in any way, for any acts or omis­sions by an Account Holder, includ­ing any dam­ages of any kind incurred as a result of such acts or omissions.

7. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You under­stand that all infor­ma­tion, data, text, soft­ware, music, sound, pho­tographs, graph­ics, video, mes­sages, goods, prod­ucts, ser­vices or other mate­ri­als (“Con­tent”) are the sole respon­si­bil­ity of the per­son from which such Con­tent orig­i­nated. You, and not A Child Writes, are entirely respon­si­ble for all Con­tent that you upload, post, trans­mit or oth­er­wise make avail­able via the Ser­vice. A Child Writes does not con­trol the Con­tent posted via the Ser­vice and, as such, does not guar­an­tee the accu­racy, integrity or qual­ity of such Con­tent.  How­ever, all con­tent that A Child Writes con­sid­ers neg­a­tive, obscene, or offen­sive will be removed with­out notice to the Account Holder.
Although A Child Writes will make every effort to keep the Ser­vice safe from neg­a­tive con­tent and A Child Writes agrees to do their best at mon­i­tor­ing the Ser­vice, you under­stand that by using the Ser­vice, you may be exposed to Con­tent that is offen­sive, inde­cent or objec­tion­able. Under no cir­cum­stances will A Child Writes be liable in any way for any Con­tent, includ­ing, but not lim­ited to, for any errors or omis­sions in any Con­tent, or for any loss or dam­age of any kind incurred as a result of the use of any Con­tent posted, trans­mit­ted or oth­er­wise made avail­able via the Ser­vice. You acknowl­edge that A Child Writes does not pre-screen Con­tent, but that A Child Writes and its designees shall have the right (but not the oblig­a­tion) in their sole dis­cre­tion to refuse, move or delete any Con­tent that is avail­able via the Ser­vice. With­out lim­it­ing the fore­go­ing: A Child Writes and its designees shall have the right to remove any Con­tent that vio­lates the TOS or is oth­er­wise objec­tion­able at A Child Writes’ sole dis­cre­tion. You agree that you must eval­u­ate, and bear all risks asso­ci­ated with, the use of any Con­tent, includ­ing any reliance on the accu­racy, com­plete­ness, or use­ful­ness of such Con­tent. In this regard, you acknowl­edge that you may not rely on any Con­tent cre­ated by A Child Writes or sub­mit­ted to A Child Writes. You acknowl­edge and agree that A Child Writes may pre­serve Con­tent and may also dis­close Con­tent if required to do so by law or in the good faith belief that such preser­va­tion or dis­clo­sure is rea­son­ably nec­es­sary to:

• (a) com­ply with legal process;
• (b) enforce the TOS;
• © respond to claims that any Con­tent vio­lates the rights of third-parties; or
• (d) pro­tect the rights, prop­erty, or per­sonal safety of A Child Writes, its users and the public.

You under­stand that the tech­ni­cal pro­cess­ing and trans­mis­sion of the Ser­vice, includ­ing your Con­tent, may involve

• (a) trans­mis­sions over var­i­ous net­works; and
• (b) changes to con­form and adapt to tech­ni­cal require­ments of con­nect­ing net­works or devices. Should Con­tent be found or reported to be in vio­la­tion with, but not lim­ited to, the fol­low­ing terms, it will be A Child Writes’ sole dis­cre­tion as to what action should be taken.

You agree that you will not:

• (a) upload, post, trans­mit or oth­er­wise make avail­able any Con­tent that is unlaw­ful, harm­ful, threat­en­ing, abu­sive, harass­ing, tor­tu­ous, defam­a­tory, vul­gar, obscene, libelous, inva­sive of another’s pri­vacy (up to, but not exclud­ing any address, email, phone num­ber, or any other con­tact infor­ma­tion with­out the writ­ten con­sent of the owner of such infor­ma­tion), hate­ful, or racially, eth­ni­cally or oth­er­wise objectionable;
• (b) harm minors in any way;
• © imper­son­ate any per­son or entity, includ­ing, but not lim­ited to, as an A Child Writes offi­cial, forum leader, guide or host, or falsely state or oth­er­wise mis­rep­re­sent your affil­i­a­tion with a per­son or entity;
• (d) forge head­ers or oth­er­wise manip­u­late iden­ti­fiers in order to dis­guise the ori­gin of any Con­tent trans­mit­ted through the Service;
• (e) upload, post or oth­er­wise trans­mit any Con­tent that you do not have a right to trans­mit under any law or under con­trac­tual or fidu­ciary rela­tion­ships (such as inside infor­ma­tion, pro­pri­etary and con­fi­den­tial infor­ma­tion learned or dis­closed as part of employ­ment rela­tion­ships or under nondis­clo­sure agreements);
• (f) upload, post or oth­er­wise trans­mit any Con­tent that infringes any patent, trade­mark, trade secret, copy­right, rights of pri­vacy or pub­lic­ity, or other pro­pri­etary rights of any party;
• (g) upload, post, or trans­mit unso­licited com­mer­cial email or “spam”. This includes uneth­i­cal mar­ket­ing, adver­tis­ing, or any other prac­tice that is in any way con­nected with “spam”, such as (a) send­ing mass email to recip­i­ents who haven’t requested email from you or with a fake return address, (b) pro­mot­ing a site with inap­pro­pri­ate links, titles, descrip­tions, or © pro­mot­ing your site by post­ing mul­ti­ple sub­mis­sions in pub­lic forums that are identical;
• (h) upload, post or oth­er­wise trans­mit any mate­r­ial that con­tains soft­ware viruses or any other com­puter code, files or pro­grams designed to inter­rupt, destroy or limit the func­tion­al­ity of any com­puter soft­ware or hard­ware or telecom­mu­ni­ca­tions equipment;
• (i) inter­fere with or dis­rupt the Ser­vice or servers or net­works con­nected to the Ser­vice, or dis­obey any require­ments, pro­ce­dures, poli­cies or reg­u­la­tions of net­works con­nected to the Service;
• (j) inten­tion­ally or unin­ten­tion­ally vio­late any applic­a­ble local, state, national or inter­na­tional law, includ­ing, but not lim­ited to, reg­u­la­tions pro­mul­gated by the U.S. Secu­ri­ties and Exchange Com­mis­sion, any rules of any national or other secu­ri­ties exchange, includ­ing with­out lim­i­ta­tion, the New York Stock Exchange, the Amer­i­can Stock Exchange or the NASDAQ, and any reg­u­la­tions hav­ing the force of law;
• (k) “stalk” or oth­er­wise harass another;
• (l) pro­mote or pro­vide instruc­tional infor­ma­tion about ille­gal activ­i­ties, pro­mote phys­i­cal harm or injury against any group or indi­vid­ual, or pro­mote any act of cru­elty to ani­mals. This may include, with­out lim­i­ta­tion, pro­vid­ing instruc­tions on how to assem­ble bombs, grenades and other weapons or incen­di­ary devices;
• (m) offer for sale or sell any item, good or ser­vice that (a) vio­lates any applic­a­ble fed­eral, state, or local law or reg­u­la­tion, (b) you do not have full power and author­ity under all rel­e­vant laws and reg­u­la­tions to offer and sell, includ­ing all nec­es­sary licenses and autho­riza­tions, or © A Child Writes deter­mines, in its sole dis­cre­tion, is inap­pro­pri­ate for sale through the Ser­vice pro­vided by A Child Writes;
• (n) use the Ser­vice as a for­ward­ing ser­vice to another website;
• (o) solicit pass­words or per­sonal iden­ti­fy­ing infor­ma­tion for com­mer­cial or unlaw­ful pur­poses from other users;
• ℗ exceed the scope of the Ser­vice that you have signed up for; for exam­ple, access­ing and using the tools that you do not have a right to use, or delet­ing, adding to, or oth­er­wise chang­ing other people’s com­ments or content;
• (q) engage in com­mer­cial activ­i­ties within A Child Writes or on behalf of A Child Writes with­out prior approval. This includes, but is not lim­ited to, the fol­low­ing activities:i. Dis­play­ing a ban­ner that is designed to profit you or any other busi­ness or orga­ni­za­tion; and ii. Dis­play­ing ban­ners for ser­vices that pro­vide cash or cash-equivalent prizes to users in exchange for hyper­links to their web sites.
• ® obscure any adver­tise­ments from gen­eral view via HTML/CSS or any other means.
• (s) make any auto­mated use of the system.
• (t) upload or link to any images depict­ing nudity, sex­ual activ­ity, pornog­ra­phy, ille­gal drug use;
• (u) copy or repro­duce images from the pro­files of other A Child Writes users with­out their explicit prior consent.
• (v) upload con­tent that con­tains pro­fan­ity, racist or hate speech, offen­sive images, or any sub­ject mat­ter inap­pro­pri­ate for an audi­ence of all ages as deter­mined solely at the dis­cre­tion of A Child Writes;
  If any user is reported to be in vio­la­tion with the let­ter or spirit of these terms, A Child Writes retains the right to ter­mi­nate such account at any time with­out fur­ther warning;

8. ADDITIONAL SOFTWARE
With respect to any addi­tional soft­ware that may be made avail­able by A Child Writes in con­nec­tion with the Ser­vice, if you elect to down­load or access such addi­tional soft­ware or third party Con­tent made avail­able through the Ser­vice, you under­stand that you may have to agree to addi­tional terms and con­di­tions before you use such soft­ware or third party Con­tent.
You also agree that the use of any third party soft­ware or Con­tent obtained through the Ser­vice does not trans­fer to you any rights, title or inter­est in or to the soft­ware or such Con­tent, and that you will not use any Con­tent made avail­able to you through the soft­ware or the Ser­vice except as expressly autho­rized under that third party provider’s terms of ser­vice or license. For greater cer­tainty, by down­load­ing soft­ware or Con­tent made avail­able through the Ser­vice, you are deemed to agree to the terms of ser­vice or license agree­ment posted on the Ser­vice, the terms of which are incor­po­rated by ref­er­ence herein for the ben­e­fit of such third party providers. If you do not agree to the terms of ser­vice or license agree­ment, do not down­load the soft­ware or Content.

9. INTERNATIONAL USE
Rec­og­niz­ing the global nature of the Inter­net, you agree to com­ply with all local rules regard­ing online con­duct and accept­able Con­tent. Specif­i­cally, you agree to com­ply with all applic­a­ble laws regard­ing the trans­mis­sion of tech­ni­cal data exported from the coun­try in which you reside.

10. CONTENT SUBMITTED
A Child Writes does not claim own­er­ship of the Con­tent you place on your A Child Writes Pro­file. By sub­mit­ting Con­tent to A Child Writes for inclu­sion on your A Child Writes Pro­file, you grant A Child Writes a world-wide, royalty-free, and non-exclusive license to repro­duce, mod­ify, adapt and pub­lish the Con­tent solely for the pur­pose of dis­play­ing, dis­trib­ut­ing and pro­mot­ing your Pro­file on A Child Writes’ Inter­net prop­er­ties. This license exists only for as long as you con­tinue to be an A Child Writes cus­tomer and shall be ter­mi­nated at the time your Pro­file is terminated.

You acknowl­edge that A Child Writes does not pre-screen Con­tent, but that A Child Writes and its designees shall have the right (but not the oblig­a­tion) in their sole dis­cre­tion to refuse or remove any Con­tent that is avail­able via the Ser­vice. With­out lim­it­ing the fore­go­ing, A Child Writes and its designees shall have the right to remove any Con­tent that vio­lates the TOS or is oth­er­wise objec­tion­able. You agree that you must eval­u­ate, and bear all risks asso­ci­ated with, the use of any Con­tent, includ­ing any reliance on the accu­racy, com­plete­ness, or use­ful­ness of such Content.

11. ADVERTISERS
You under­stand and agree that the Ser­vice may include adver­tise­ments and that these adver­tise­ments are nec­es­sary for A Child Writes to pro­vide the Ser­vice. You also under­stand and agree that you will not obscure any adver­tise­ments from gen­eral view via HTML/CSS or any other means. By using the Ser­vice, you agree that A Child Writes has the right to run such adver­tise­ments with or with­out prior notice, and with­out rec­om­pense to you or any other user. The man­ner, mode and extent of adver­tis­ing by A Child Writes on your Pro­file are sub­ject to change at A Child Writes’ dis­cre­tion. Your cor­re­spon­dence or busi­ness deal­ings with, or par­tic­i­pa­tion in pro­mo­tions of, adver­tis­ers found on or through the Ser­vice, includ­ing pay­ment and deliv­ery of related goods or ser­vices, and any other terms, con­di­tions, war­ranties or rep­re­sen­ta­tions asso­ci­ated with such deal­ings, are solely between you and such adver­tiser. You agree that A Child Writes shall not be respon­si­ble or liable for any loss or dam­age of any sort incurred as the result of any such deal­ings or as the result of the pres­ence of such adver­tis­ers on the Service.

12. LINKS
The Ser­vice may pro­vide, or third par­ties may pro­vide, links to other World Wide Web sites or resources. Because A Child Writes has no con­trol over such sites and resources, you acknowl­edge and agree that A Child Writes is not respon­si­ble for the avail­abil­ity of such exter­nal sites or resources, and does not endorse and is not respon­si­ble or liable for any Con­tent, adver­tis­ing, prod­ucts, or other mate­ri­als on or avail­able from such sites or resources. You fur­ther acknowl­edge and agree that A Child Writes shall not be respon­si­ble or liable, directly or indi­rectly, for any dam­age or loss caused or alleged to be caused by or in con­nec­tion with use of or reliance on any such Con­tent, goods or ser­vices avail­able on or through any such site or resource.

13. INDEMNITY
You agree to indem­nify and hold A Child Writes, and its sub­sidiaries, affil­i­ates, offi­cers, direc­tors, agents, co-branders or other part­ners, and employ­ees, harm­less from any claim or demand, includ­ing rea­son­able attor­neys’ fees, made by any third party due to or aris­ing out of your Con­tent, your use of the Ser­vice, your Guests activ­i­ties, your con­nec­tion to the Ser­vice, your vio­la­tion of the TOS, or your vio­la­tion of any rights of another, whether you are a reg­is­tered user or not.

14. RESALE OF SERVICE
You agree not to repro­duce, dupli­cate, copy, sell, resell or exploit any por­tion of the Ser­vice, use of the Ser­vice, or access to the Ser­vice with­out the express writ­ten per­mis­sion by A Child Writes.

15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowl­edge that A Child Writes may estab­lish gen­eral prac­tices and lim­its con­cern­ing use of the Ser­vice and may mod­ify such prac­tices and lim­its from time to time with­out notice to you.

16. MODIFICATIONS TO SERVICE
A Child Writes reserves the right at any time and from time to time to mod­ify or dis­con­tinue, tem­porar­ily or per­ma­nently, the Ser­vice (or any part thereof) with or with­out notice at any time. You agree that A Child Writes shall not be liable to you or to any third party for any mod­i­fi­ca­tion, sus­pen­sion or dis­con­tin­u­ance of the Service.

17. A Child Writes’ PROPRIETARY RIGHTS
You acknowl­edge and agree that the Ser­vice and any nec­es­sary soft­ware used in con­nec­tion with the Ser­vice (“Soft­ware”) con­tains pro­pri­etary and con­fi­den­tial infor­ma­tion that is pro­tected by applic­a­ble intel­lec­tual prop­erty and other laws. You fur­ther acknowl­edge and agree that Con­tent con­tained in spon­sor adver­tise­ments or infor­ma­tion pre­sented to you through the Ser­vice or adver­tis­ers is pro­tected by copy­rights, trade­marks, ser­vice marks, patents or other pro­pri­etary rights and laws. Except as expressly autho­rized by A Child Writes or adver­tis­ers, you agree not to mod­ify, rent, lease, loan, sell, dis­trib­ute or cre­ate deriv­a­tive works based on the Ser­vice or the Soft­ware, in whole or in part.
A Child Writes does not want to receive con­fi­den­tial or pro­pri­etary infor­ma­tion from you through the Ser­vice or by email. Unless oth­er­wise agreed in writ­ing by an autho­rized A Child Writes rep­re­sen­ta­tive, any mate­r­ial, infor­ma­tion or idea you trans­mit to A Child Writes by any means may be dis­sem­i­nated or used by A Child Writes or its affil­i­ates with­out com­pen­sa­tion or lia­bil­ity to you for any pur­pose what­so­ever, includ­ing, but not lim­ited to, devel­op­ing, man­u­fac­tur­ing and mar­ket­ing prod­ucts. How­ever, this pro­vi­sion does not apply to Con­tent (as defined herein), or to per­sonal infor­ma­tion that is sub­ject to our Pri­vacy Policy.

18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, A Child Writes EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• (b) A Child Writes IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. A Child Writes DOES NOT WARRANT THAT
  (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• © ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A Child Writes IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE OF ANY USER OF THE A Child Writes SERVICES.

19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT A Child Writes SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A Child Writes HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• (i) THE USE OR THE INABILITY TO USE THE SERVICE;
• (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
• (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
• (v) ANY OTHER MATTER RELATING TO THE SERVICE.

20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
A Child Writes respects the intel­lec­tual prop­erty of oth­ers, and we ask our users to do the same. A Child Writes may, in appro­pri­ate cir­cum­stances and at its dis­cre­tion, dis­able and/or ter­mi­nate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that con­sti­tutes copy­right infringe­ment, or your intel­lec­tual prop­erty rights have been oth­er­wise vio­lated, please pro­vide A Child Writes’ Copy­right Agent (as defined below) the fol­low­ing infor­ma­tion:
an elec­tronic or phys­i­cal sig­na­ture of the per­son autho­rized to act on behalf of the owner of the copy­right or other intel­lec­tual prop­erty inter­est;
a descrip­tion of the copy­righted work or other intel­lec­tual prop­erty that you claim has been infringed;
a descrip­tion of where the mate­r­ial that you claim is infring­ing is located on our web site;
your address, tele­phone num­ber, and email address;
a 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;
a state­ment by you, made under penalty of per­jury, that the above infor­ma­tion in your notice is accu­rate and that you are the copy­right or intel­lec­tual prop­erty owner or autho­rized to act on the copy­right or intel­lec­tual prop­erty owner’s behalf.
A Child Writes’ Copy­right Agent for notice of claims of copy­right or other intel­lec­tual prop­erty infringe­ment can be reached as fol­lows:
Con­tact form

22. Mem­ber Dis­putes
Mem­ber Dis­putes. You are solely respon­si­ble for your inter­ac­tions with other A Child Writes mem­bers. A Child Writes reserves the right, but has no oblig­a­tion, to mon­i­tor dis­putes between you and other Members.

23. GENERAL
Notices to you may be made via either email or reg­u­lar mail. The Ser­vice may also pro­vide notices of changes to the TOS or other mat­ters by dis­play­ing notices or links to notices to you gen­er­ally on the Ser­vice. The TOS and the rela­tion­ship between you and A Child Writes shall be gov­erned by the laws of Wash­ing­ton State (USA) with­out regard to its con­flict of law pro­vi­sions. You and A Child Writes agree to sub­mit to the per­sonal and exclu­sive juris­dic­tion of the courts located within Texas State. The fail­ure of A Child Writes to exer­cise or enforce any right or pro­vi­sion of the TOS shall not con­sti­tute a waiver of such right or pro­vi­sion. The TOS con­sti­tutes the entire agree­ment between you and A Child Writes and gov­ern your use of the Ser­vice, super­sed­ing any prior agree­ments between you and A Child Writes (includ­ing, but not lim­ited to, any prior ver­sions of the TOS). You also may be sub­ject to addi­tional terms and con­di­tions that may apply when you use affil­i­ate or other A Child Writes ser­vices, third-party con­tent or third-party soft­ware. If any pro­vi­sion of the TOS or incor­po­rated doc­u­ments are found by a court of com­pe­tent juris­dic­tion to be invalid, the par­ties nev­er­the­less agree that the court should endeavor to give effect to the par­ties’ inten­tions as reflected in the pro­vi­sion, and the other pro­vi­sions of the TOS remain in full force and effect. You agree that regard­less of any statute or law to the con­trary, any claim or cause of action aris­ing out of or related to use of the Ser­vice or the TOS must be filed within one (1) year after such claim or cause of action arose or be for­ever barred. The sec­tion titles in the TOS are for con­ve­nience only and have no legal or con­trac­tual effect.

24. VIOLATIONS
Please report any vio­la­tions of the TOS to us via our con­tact form.