Last Updated: April 5, 2022
Certain aspects of the Service may be subject to additional terms and conditions, which may include, among other things, particularized age requirements, codes of conduct, sweepstakes and contest rules, and payment or subscription terms (collectively, “Additional Terms”). When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms also apply to your use of that aspect of the Service and control in the event of a conflict with these Terms.
Changes to these Terms
Subject to the terms and conditions of these Terms and all applicable Additional Terms, AWA grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Service for your personal, non-commercial use as expressly permitted by the features and functionality of the Service, and not for any commercial use or use with, or on behalf of, any third party. The Service may allow you to view, preview, select, stream, and access certain content, including video, audio, graphics, photos, and text (collectively, “Content”). Such use may be limited (for example, to supported devices or by number of simultaneous streams per account; by geographic region; by time window; by subscription level; or otherwise, and access will require your use of an approved device with sufficient connectivity).
The Service and Content are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by AWA or its licensors and licensees. AWA respects the intellectual property rights of others and asks that you do the same. Any unauthorized use of Content or any other aspect of the Service, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and AWA reserves the right to fully enforce its rights to the fullest extent of the law, including seeking both civil and criminal penalties. Violation of these Terms in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and Content. Any authorization to copy material granted by AWA in any part of the Service for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, unless otherwise specified, and is subject to your keeping intact all copyright, trademark, and other proprietary notices.
Except as expressly provided herein, AWA does not grant you any other express or implied right or license in or to the Service or Content and all right, title, and interest that AWA has in the Service and Content are retained by AWA, including the right to modify, discontinue, or temporarily suspend any or all of the Service at any time, with or without notice. Except as expressly authorized in these Terms, you may not use, modify, reproduce, display, transmit, sell, transfer, create derivative works of, publicly perform or otherwise exploit any Content available on or through the Site, in whole or in part, whether by electronic or other means, without our prior written consent. If you would like to request permission to use any of the Content, please contact firstname.lastname@example.org.
No aspect of the Service constitutes legal, financial, medical, or other category of professional advice.
You may only access and use the Service in compliance with these Terms and all applicable Additional Terms. Any unauthorized access to or use of the Service is a breach of this Agreement. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Service. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute or reverse engineer any of the software or technology underlying the Service or any Content. In addition, you agree that you will not take any of the following actions:
- Access or attempt to access any Personal Information or other data that is not intended for you or that you are not authorized to access;
- Disrupt or interfere with the Service or take any action that imposes or is intended to impose a disproportionately or unreasonably large load on our infrastructure;
- Forge or manipulate identifiers, headers, or other data in an attempt to disguise or falsify the source or origin of your access or use of the Service or to manipulate your presence on the Service;
- Engage or attempt to engage in any activities prohibited by law;
- Use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products);
- Engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to AWA;
- Reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service;
- Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the Content;
- Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users);
- Attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or
- Falsely claim that you are associated with another person or entity, or otherwise disguise the origin of information transmitted to, from, or through the Service.
Use of the Service is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law-enforcement requests or requirements relating to your use of the Service. We have the right, but not the obligation, to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice: (i) restrict, suspend or terminate your access to all or any part of the Service, Content or our products or services; (ii) modify, suspend or discontinue all or any part of our products or services; (iii) refuse, move or remove any Content; or (iv) adopt additional general practices, fees and policies concerning the Service, Content and the products services we provide or revise existing our general practices, fees and policies. You agree that we are not responsible and will not be liable to you or any third party for your failure to comply with these Terms.
Registering and Closing Accounts
If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that:
- You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion.
- You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete.
- You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity.
- You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Service using your name, username, or password
- You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security.
- You will not sell, transfer, or assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
Terms Applicable to Purchases
To purchase any products or services in the AWA online e-commerce store, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. Prior to the purchase of any products or services, you must provide a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the date of expiration, and (iv) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service that you order on the Service, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. AWA will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
B. Methods of Payment, Credit Card Terms and Taxes
All payments must be made through your credit card. We currently do not accept cash, personal or business checks, or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT AWA, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify AWA of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If AWA does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by AWA or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. AWA shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
C. Return Policy
All purchase transactions made through the Service are subject to AWA’s return policy in effect at the time of purchase. AWA may, in its sole discretion, accept returns for other reasons.
D. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. AWA reserves the right at any time after receipt of your order to accept or decline your order for any reason. AWA further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by AWA upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (I) we will issue a credit to your credit card account in the amount charged for the canceled portion or the quantity not provided (if your credit card has already been charged for the order) or (ii) we will not charge your credit card for the canceled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with AWA has been effected until you receive a confirmation from AWA via email or the Service. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.
E. No Responsibility to Sell Mispriced Products or Services
We do our best to describe every item, product or service offered on this Service as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, AWA shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply.
F. Modifications to Prices or Billing Terms
The purchase of products and services on the Service is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. AWA RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.
AWA is continuously developing and creating its own ideas and stories, and therefore neither reviews nor accepts any ideas, creative suggestions, artwork, designs, proposals, scripts, manuscripts, or similar materials unless we have specifically requested any such materials from a writer or an artist. While we wish we could consider all submissions, the purpose of this policy is to avoid potential misunderstandings or disputes when AWA’s products or content might seem similar to your submissions. Accordingly, any unsolicited materials you send us will not be read, and will be destroyed and not returned.
Although we cannot consider unsolicited submissions, if you are an aspiring artist or writer we hope you will continue to create. We suggest that you publish or publicly post your work. AWA is always searching for new artists and writers, and that’s the best way for us to find you.
The Service and all Content are offered from the United States. AWA makes no representation that every aspect of the Service or Content is appropriate or available for use outside of the United States. If you choose to access the Site or Content from outside of the United States, you acknowledge and agree that:
- you do so on your own initiative and at your own risk;
- you will not use the Service or Content if you are prohibited from receiving products, services, or software originating from the United States;
- you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable;
- you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside; and
If there is a conflict between any of the Terms herein and your rights in your place of residence, your rights under applicable law will control as to those specific conflicts. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AWA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AWA DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AWA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE. AWA MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, OR SERVICE LINKED TO FROM THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS; AND AWA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
IN NO EVENT SHALL AWA OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SERVICE OR ANY CONTENT BE LIABLE FOR ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SERVICE. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF AWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless AWA and its directors, officers, employees, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the “Indemnified Parties”) from and against all liability, losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your access to, use or misuse of the Service or Content; or (iii) your negligence, fraud or willful misconduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with our defense of these claims.
A. Force Majeure
AWA will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, governmental action, or other cause beyond its control.
B. No Waiver
A waiver of any provision of this Agreement in any instance shall not be deemed a waiver of such provision for the future, nor of any subsequent instance thereof. No delay or omission by AWA in exercising any right under this Agreement shall operate as a waiver of that or any other right.
If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. The unenforceability or invalidity of any provision of this Agreement shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect (and be construed and enforced) as if such provision had not been included or had been modified as provided for above.
The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement clearly requires otherwise: (i) references to the plural include the singular, the singular the plural, and the part the whole; (ii) “or” has the inclusive meaning frequently identified with the phrase “and/or;” (iii) ”including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;” and (iv) references to “hereunder,” “herein,” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation, or agreement, including this Agreement, will be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.
Any provision herein which by its nature contemplates your continued observance following termination of this Agreement will survive termination of this Agreement.
F. Entire Agreement
G. Governing Law
This Agreement shall be governed by the laws of the State of New York, without regard to conflicts of law provisions that would result in the application of the laws of another jurisdiction. You submit to the exclusive jurisdiction of federal and state courts in New York City and waive any rights they may have to claim a lack of personal jurisdiction, inconvenient forum or improper venue.
H. Waiver of Jury Trial
YOU HEREBY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BASED ON, OR IN CONNECTION WITH, THIS AGREEMENT.
I. Investigations; Compliance with Law Enforcement
AWA reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by AWA in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to AWA under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from AWA, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service.
J. California Consumer Rights and Notices
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice
AWA respects the copyright interests of others and, as such, requires our users to comply with these Terms and all applicable laws regarding copyrights. If you believe that any Content or other material on the Service infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below, in conformance with the DMCA:
- Your name, address, telephone number, and (if available) email address;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- The exact URL or a description of each place where alleged infringing material is located;
- A statement by you that you have a good faith belief that the use has not been authorized by the copyright or other intellectual property owner, by its agent, or by law;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright or other intellectual property owner.
The above information must be submitted to AWA at the following address:
Artists Writers & Artisans, Inc.
178 Columbus Avenue #237194
New York, NY 10023
If we are notified that any Content infringes another’s intellectual property rights, we may remove such Content pursuant to the DMCA. In accordance with the DMCA, we have a repeat infringer policy and reserve the right to terminate your use of the Service violating these Terms once or on a repeated basis.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.