WHY THIS BOOK TERMS OF USE

Your submission may be used by Why This Book in all print and electronic media, now or hereafter existing, in any language, without time limitation. If published in email newsletter, Medium, future print collections, or social media by Why This Book, you will receive no compensation. Your story may be edited for clarity. You retain ownership of all submitted content and may publish your essay in other publications (digital or print). 

You warrant that you are the sole owner of all the rights to the story and have the authority to grant the rights herein without restriction, that the story is your original work, and that the story does not infringe or violate any copyright, right of privacy or publicity, or any other right of any third party, or contain any matter that is libelous or otherwise in contravention of the law. 

We will do our best to reply to every submission received, however we cannot guarantee that all contributions be acknowledged. It may also take some time for your submission to be considered; please don't inquire about the status of your submission—we'll be in touch if we select your material. Even selected items may not be published for six months or more. 

ALL USER SUBMISSIONS

By voluntarily submitting information, communications, or content (including photos, videos, personal stories, anecdotes and jokes) (each, a “Submitted Item”) to this Site and/or Communities (as defined below), you agree that such submissions are non-confidential for all purposes and you grant Why This Book and its affiliates (“WTB”) an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, modify, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, subject to such other terms and conditions as Why This Book may specify for particular submissions. The submission of any Submitted Item in no way creates any obligation or duty on the part of Why This Book to post or use such Submitted Item or, if we do so, to give you compensation. 

INDEMNITY

You agree to defend, indemnify and hold harmless Why This Book, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, your submissions to the Site, your violation of any rights of another, or your use of any content on or accessible through the Site.

DMCA NOTICE

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of Why This Book to not to permit materials known by Why This Book to be infringing to remain on the Site. You should notify Why This Book promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon Why This Book's receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Why This Book will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

GENERAL

 If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation on Liability, User Submissions, Indemnity, General, Jurisdiction, and Complete Agreement.

JURISDICTION

Why This Book is based in Brooklyn, New York, in the United States of America. Why This Book makes no claim that the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with Why This Book, or in any way relating to your use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute, including any claim involving Why This Book and/or any of its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms of Use, the Site, and the use of information (including personally identifiable information) provided or accessible through the Site, are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.

COMPLETE AGREEMENT

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use constitute the entire agreement between you and Why This Book with respect to the use of this Site, and Content.

 

WHY THIS BOOK PRIVACY POLICY

Collection of Personally Identifiable Information

Some functions and services offered through the Why This Book site require that you provide certain personally identifiable information (“PII”). PII that we may collect includes email address, name, postal address, telephone number, social media accounts, and personal websites.

Use of Personally Identifiable Information

We may use your personally identifiable information and other information we collect about you for purposes described in this policy or disclosed to you on Company Sites or in connection with our services. For example, we may use your information to:

  • process and deliver contest entries, winners and rewards;
  • send you a welcoming email, to contact you about your use of a Company Site and to provide important Company Site updates;
  • respond to your comments and questions and provide customer service;
  • request feedback and to enable us to develop, customize and improve the Company Sites, our Family of Publications, and other products and services;
  • send you surveys or questionnaires;
  • send you newsletters, including any online newsletter(s) you have requested
  • send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  • communicate with you about new contests, promotions and rewards, upcoming events, and other news about products and services offered by Company and our selected partners;
  • use for editorial purposes, such as to contact you about content you have submitted to a Company Site or to give attribution to content you submit;
  • investigate and take action against fraudulent or illegal activity or improper conduct.

 Company may store and process personal information in the United States and other countries.

Sharing of Personally Identifiable Information

Company may share your PII for the following purposes and under the following circumstances.

We may share your PII with our affiliates our technical consultants, auditors and other third parties who act on our behalf, for example, to make Company Sites available, enhance their functionality, or provide associated services and/or who deal with you in delivering content, samples, products, and gifts and prizes, have access to and may use this information to provide us with services..
We may transfer your personally identifiable information and other information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company.
We will consider, and may release, personal information to third parties: to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Company, our agents, customers, members, and others, including to enforce our agreements, policies and terms of use or (iii) in an emergency to protect the personal safety of Company employees, customers, or any person.

We may also provide aggregate statistics and deidentified data about our customers, including traffic patterns and related site information, to reputable third parties for their own purposes, including statistical analysis.

Your Sharing of Personally Identifiable Information

Please be aware that when you connect and share your actions, comments, content and information, for example, through discussion board postings on Company Sites, those actions are not private. Others may capture personal information you post, including your email address, and may use the data to identify or contact you, including to send you emails. We cannot control such actions by others. Please be mindful of your own privacy needs as you choose who to connect with and what to share and make public. If you share information about others, please be sure to respect their privacy and get consent for any information you may share about them.

Choices about Our Use and Sharing of Personally Identifiable Information

If you do not wish to receive promotional and newsletter emails from Why This Book you may click on the unsubscribe link at the bottom of an email.

If you opt-out of promotional or newsletter emails from any of our Family of Publications, we may continue to send you certain communications such as  administrative messages relating to an essay submission that are necessary to our relationship with you.

For all other requests for changes relating to your PII, including opting out of postal mail, telemarketing calls, and our sharing PII with our partners, contact us here.

Notice to California Customers – Your California Privacy Rights

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact us.

Third Party Advertising

 We may in the future use third parties to serve ads on Company Sites. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit Company Sites (but not your name, address, email address or telephone number). They do this by using cookies, clear gifs or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of the Company Sites and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, cookies or clear gifs in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. 

Server Logs

Server logs capture certain non-personally identifying data, such as the time and date of a Web visit, the browser and operating system being used, and the Web URL a user linked from. This information is used in aggregate form to help us plan system enhancements when necessary and to provide content that is compatible with our visitors’ Web-browsing systems. We also collect information about keyword searches performed by visitors on the Company Sites. We do not collect your name or email address as a result of using a search feature. We may keep logs of all words searched to help us learn what kinds of information Company Site visitors are seeking, and to improve our service to visitors.

Privacy Precaution Warning

Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.

Privacy Policy Changes

We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Please bookmark this page and check it periodically. We will post any changes to this privacy policy on our site. 

Legal Notice and Terms and Conditions

Please also read the Terms of Use posted above this policy to understand the additional terms and conditions which apply to use of this site and the submission process.

For any questions or concerns about the above material please contact us using this form.