WE SHOULD WRITE SOMETIME
TERMS AND CONDITIONS OF USE
Last revised on 5/2/18
Welcome to We Should Write Sometime, LLC’s (“us,” “we,” the “Company” or
“WSWS”) Terms and Conditions of Use (“Terms”). This is a contract between you and
We Should Write Sometime, LLC and we want you to know yours and our rights before
you use the WSWS application ("App"). Please read these Terms before using the App,
because once you access, view or use the App, you are legally bound by these Terms.
1. Binding Arbitration.
ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING
FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS
DESCRIBED IN THE SECTION TITLED “BINDING ARBITRATION AND
APPLICABLE LAW” BELOW. PLEASE READ THE SECTION TITLED “BINDING
ARBITRATION AND APPLICABLE LAW” CAREFULLY.
By creating a WSWS account or by using the WSWS app, whether through a mobile
device, mobile application or computer (collectively, the “Service”) you agree to be
each of which is incorporated by reference into this Agreement, and (iii) any terms
disclosed and agreed to by you if you purchase additional features, products or services
we offer on the Service (collectively, this “Agreement”). If you do not accept and agree
to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Services from time to time. We may
do this for a variety of reasons including to reflect changes in or requirements of the law,
new features, or changes in business practices. The most recent version of this Agreement
will be posted on www.weshouldwritesometime.com
, and you should regularly check for
the most recent version. The most recent version is the version that applies. If the changes
include material changes that affect your rights or obligations, we will notify you in
advance of the changes by reasonable means, which could include notification through
the Services or via email. If you continue to use the Services after the changes become
effective, then you agree to the revised Agreement.
You must be at least 18 years of age to create an account on WSWS and use the Service.
By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with WSWS,
- you are not a person who is barred from using the Service under the laws of the
United States or any other applicable jurisdiction–meaning that you do not appear
on the U.S. Treasury Department’s list of Specially Designated Nationals or face
any other similar prohibition,
- you will comply with this Agreement and all applicable local, state, national and
international laws, rules and regulations, and
4. Your Account.
In order to use WSWS, you may sign in using your Facebook login. If you do so, you
authorize us to access and use certain Facebook account information, including but not
limited to your public Facebook profile and information about Facebook friends you
share in common with other WSWS users. For more information regarding the
You are responsible for maintaining the confidentiality of your login credentials you use
to sign up for WSWS, and you are solely responsible for all activities that occur under
those credentials. If you think someone has gained access to your account, please
immediately contact firstname.lastname@example.org
5. Modifying the Services and Termination.
WSWS is always striving to improve the Services and bring you additional functionality
that you will find engaging and useful. This means we may add new product features or
enhancements from time to time as well as remove some features, and if these actions do
not materially affect your rights or obligations, we may not provide you with notice
before taking them. We may even suspend the Services entirely, in which event we will
notify you in advance unless extenuating circumstances, such as safety or security
concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, however you will need to
manage your in app purchases through your mobile device platform (e.g., iTunes, Google
Play). WSWS may terminate your account at any time without notice if it believes that
you have violated this Agreement. Upon such termination, you will not be entitled to any
refund for purchases. After your account is terminated, this Agreement will terminate,
except that the following provisions will still apply to you and WSWS: Section 5, Section
6, and Sections 11 through 18.
6. Safety; Your Interactions with Other Users.
Though WSWS strives to encourage a respectful user experience through features like the
double opt-in that only allows users to communicate if they have both indicated interest
in one another, it is not responsible for the conduct of any user on or off of the Services.
You agree to use caution in all interactions with other users, particularly if you decide to
communicate off the Service or meet in person. You should not provide your financial
information (for example, your credit card or bank account information), or wire or
otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER
USERS. YOU UNDERSTAND THAT WSWS DOES NOT CONDUCT CRIMINAL
BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE
BACKGROUND OF ITS USERS. WSWS MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS. WSWS RESERVES THE
RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER
SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME
USING AVAILABLE PUBLIC RECORDS.
7. Rights WSWS Grants You.
WSWS grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive,
revocable, and non-sublicensable license to access and use the Services. This license is
for the sole purpose of letting you use and enjoy the Services’ benefits as intended by
WSWS and permitted by this Agreement. Therefore, you agree not to:
- use the Service or any content contained in the Service for any commercial
purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or
reproduce in any way any copyrighted material, images, trademarks, trade names,
service marks, or other intellectual property, content or proprietary information
accessible through the Service without WSWS’s prior written consent.
- express or imply that any statements you make are endorsed by WSWS.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy
or other manual or automatic device, method or process to access, retrieve, index,
“data mine,” or in any way reproduce or circumvent the navigational structure or
presentation of the Service or its contents.
- use the Services in any way that could interfere with, disrupt or negatively affect
the Service or the servers or networks connected to the Service.
- upload viruses or other malicious code or otherwise compromise the security of
- forge headers or otherwise manipulate identifiers in order to disguise the origin of
any information transmitted to or through the Service.
- “frame” or “mirror” any part of the Service without WSWS’s prior written
- use meta tags or code or other devices containing any reference to WSWS or the
Service (or any trademark, trade name, service mark, logo or slogan of WSWS) to
direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Services or other
users’ Content or information without our written consent.
- use, access, or publish the WSWS application programming interface without our
- probe, scan or test the vulnerability of our Services or any system or network.
- encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal
and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades,
updates, or other new features. You may be able to adjust these automatic downloads
through your device’s settings.
8. Rights you Grant WSWS.
By creating an account, you grant to WSWS a worldwide, transferable, sub-licensable,
royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit,
publish, modify and distribute information you authorize us to access from Facebook, as
well as any information you post, upload, display or otherwise make available
(collectively, “post”) on the Service or transmit to other users (collectively, “Content”).
Our license to your Content is subject to your rights under applicable law (for example
laws regarding personal data protection to the extent any Content contains personal
information as defined by those laws) and is for the limited purpose of operating,
developing, providing, and improving the Service and researching and developing new
ones. You agree that any Content you place or that you authorize us to place on the
Service may be viewed by other users and may be viewed by any person visiting or
participating in the Service (such as individuals who may receive shared Content from
other WSWS users).
You agree that all information that you submit upon creation of your account, including
information submitted from your Facebook account, is accurate and truthful and you have
the right to post the Content on the Service and grant the license to WSWS above.
You understand and agree that we may monitor or review any Content you post as part of
a Service. We may delete any Content, in whole or in part, that in our sole judgment
violates this Agreement or may harm the reputation of the Service.
In consideration for WSWS allowing you to use the Services, you agree that we, our
affiliates, and our third-party partners may place advertising on the Services. By
submitting suggestions or feedback to WSWS regarding our Services, you agree that
WSWS may use and share such feedback for any purpose without compensating you.
You agree that WSWS may access, preserve and disclose your account information and
Content if required to do so by law or in a good faith belief that such access, preservation
or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii)
enforce this Agreement; (iii) respond to claims that any Content violates the rights of
third parties; (iv) respond to your requests for customer service; or (v) protect the rights,
property or personal safety of the Company or any other person.
9. Community Rules.
By using the Services, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his
or her permission.
- bully, “stalk,” intimidate, harass or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of
publicity, privacy, copyright, trademark or other intellectual property or contract
- post any Content that is hate speech, threatening, sexually explicit or
pornographic; incites violence; or contains nudity or graphic or gratuitous
- post any Content that promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for
commercial or unlawful purposes from other users or disseminate another
person’s personal information without his or her permission.
- use another user’s account.
- create another account if we have already terminated your account, unless you
have our permission.
WSWS reserves the right to investigate and/ or terminate your account without a refund
of any purchases if you have misused the Service or behaved in a way that WSWS
regards as inappropriate or unlawful, including actions or communications that occur off
the Service but involve users you meet through the Service.
10. Other Users’ Content.
Although WSWS reserves the right to review and remove Content that violates this
Agreement, such Content is the sole responsibility of the user who posts it, and WSWS
cannot guarantee that all Content will comply with this Agreement. If you see Content on
the Services that violates this Agreement, please report it within the Services or via
For information about how WSWS collects, uses, and shares your personal data, please
. By using WSWS, you
In App Purchases.
From time to time, WSWS may offer products and services for
purchase (“in app purchases”) through iTunes, Google Play or other application platforms
authorized by WSWS (each, a “Software Store”). If you choose to make an in app
purchase, you will be prompted to enter details for your account with your Software Store
(“your IAP Account”), and your IAP Account will be charged for the in app purchase in
accordance with the terms disclosed to you at the time of purchase as well as the general
terms for in app purchases that apply to your IAP Account. Some Software Stores may
charge you sales tax, depending on where you live. If you purchase an auto-recurring
periodic subscription through an in app purchase, your IAP Account will be billed
continuously for the subscription until you cancel. After your initial subscription
commitment period, and again after any subsequent subscription period, your
subscription will automatically continue for an additional equivalent period, at the price
you agreed to when subscribing. If you do not wish your subscription to renew
automatically, or if you want to change or terminate your subscription, you will need to
log in to your IAP account and follow instructions to cancel your subscription, even if
you have otherwise deleted your account with us or if you have deleted the WSWS
application from your device. Deleting your account on WSWS or deleting the WSWS
application from your device does not cancel your subscription; WSWS will retain all
funds charged to your IAP Account until you cancel your subscription through your IAP
WSWS Online Purchases.
If you choose to make a purchase through WSWS Online,
you agree to pay WSWS all charges at the prices displayed to you for the services you’ve
selected as well as any sales or similar taxes that may be imposed on your payments, and
you authorize WSWS to charge your chosen payment provider (your “Payment
Method”). WSWS may correct any billing errors or mistakes that it makes even if it has
already requested or received payment. If you initiate a chargeback or otherwise reverse a
payment made with your Payment Method, WSWS may terminate your account
immediately in its sole discretion.
If you purchase a subscription through WSWS Online, your subscription will continue
indefinitely until cancelled by you. After your initial subscription commitment period,
and again after any subsequent subscription period, your subscription will automatically
continue for an additional equivalent period, at the price you agreed to when subscribing,
until you cancel. You agree that your account will be subject to this automatic renewal
If a payment is not successfully settled, due to expiration, insufficient funds, or
otherwise, and you do not edit your Payment Method information or cancel your
subscription, you remain responsible for any uncollected amounts and authorize us to
continue billing the Payment Method, as it may be updated. This may result in a change
to your payment billing dates. The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial institution,
credit card issuer or other provider of your chosen Payment Method.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no
refunds or credits for partially used periods. We may make an exception if a refund for a
subscription offering is requested within fourteen days of the transaction date, or if the
laws applicable in your jurisdiction provide for refunds.
For WSWS Plus subscribers residing in Arizona, California, Connecticut, Illinois, Iowa,
Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to
midnight of the third business day following the date you subscribed. In the event that
you die before the end of your subscription period, your estate shall be entitled to a
refund of that portion of any payment you had made for your subscription, which is
allocable to the period after your death. In the event that you become disabled (such that
you are unable to use the services of WSWS) before the end of your subscription period,
you shall be entitled to a refund of that portion of any payment you had made for your
subscription which is allocable to the period after your disability by providing the
company notice in the same manner as you request a refund as described below.
In order to request a refund, if you subscribed using your Apple ID, refunds are handled
by Apple, not WSWS. To request a refund, go to iTunes, click on your Apple ID, select
“Purchase history,” find the transaction and hit “Report Problem”. You can also submit a
request at https://getsupport.apple.com
WSWS PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS
AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT
CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WSWS DOES NOT
REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE
UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS
IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR
INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE
WSWS TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR
ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH
THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK.
14. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and
links to other web sites or resources. WSWS is not responsible for the availability (or
lack of availability) of such external websites or resources. If you choose to interact with
the third parties made available through our Service, such party’s terms will govern their
relationship with you. WSWS is not responsible or liable for such third parties’ terms or
15. Digital Millennium Copyright Act.
WSWS has adopted the following policy towards copyright infringement in accordance
with the Digital Millennium Copyright Act (the "DMCA"). If you believe any content
infringes upon your intellectual property rights, please submit a notification alleging such
infringement ("DMCA Takedown Notice") including the following:
- 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 copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access disabled and information
reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
- A statement that you 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
- A statement that, under penalty of perjury, the information in the notification is
accurate and you are authorized to act on behalf of the owner of the exclusive
right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to:
15. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL WSWS, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE
PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY
OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER
INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF
OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR
CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR
FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE
OR ALTERATION OF YOUR CONTENT, EVEN IF WSWS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WSWS’S
AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE
SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO WSWS FOR THE
SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND
LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
16. Binding Arbitration and Applicable Law.
The exclusive means of resolving any dispute or claim arising out of or relating to this
Agreement (including any alleged breach thereof) or the Service shall be BINDING
ARBITRATION administered by the American Arbitration Association under the
Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that
you have the right to bring an individual claim against the Company in a small-claims
court of competent jurisdiction. But whether you choose arbitration or small-claims court,
you may not under any circumstances commence or maintain against the Company any
class action, class arbitration, or other representative action or proceeding.
By agreeing to this binding arbitration provision, you understand that you are waiving
certain rights and protections which may otherwise be available if a claim or dispute were
determined by litigation in court, including, without limitation, the right to seek or obtain
certain types of damages precluded by this arbitration provision, the right to a jury trial,
certain rights of appeal, the right bring a claim as a class member in any purported class
or representative proceeding, and the right to invoke formal rules of procedure and
evidence. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant
any relief that a court can, but you should note that arbitration proceedings are usually
simpler and more streamlined than trials and other judicial proceedings. Decisions by the
arbitrator are enforceable in court and may be overturned by a court only for very limited
laws principles. Access or use of the Site and/or Application is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and WSWS as a result of these Terms or accessing or using the Site, the
Application or their respective contents. The Company’s performance under these Terms
of Use is subject to existing laws and legal process, and nothing contained in these Terms
of Use is in derogation of the Company’s right to comply with governmental, court and
law enforcement requests or requirements relating to your access or use of the Site and/or
Application or information provided to or gathered by the Company with respect to such
17. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold
harmless WSWS, our affiliates, and their and our respective officers, directors, agents,
and employees from and against any and all complaints, demands, claims, damages,
losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or
relating in any way to your access to or use of the Services; any negligent acts, omissions
or willful conduct by you; the uploading or submission of Content to the App by you;
your violation of any law or any rights of a third party; or your breach of this Agreement.
18. Entire Agreement; Other.
you purchase additional features, products or services we offer on the Service, contains
the entire agreement between you and WSWS regarding the use of the Service. If any
provision of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect. The failure of the Company to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of such right or
provision. You agree that your WSWS account is non-transferable and all of your rights
to your account and its Content terminate upon your death. No agency, partnership, joint
venture or employment is created as a result of this Agreement and you may not make
any representations or bind WSWS in any manner.