Damn Writer's Block

Terms of Use

The following terms and conditions govern all use of the damnwritersblock.com website and all content, services and products available to the user on and through the website. This website is owned and operated by Damn Writer’s Block, LLC (DWB for short). “Damn Writer’s Block,” or “DWB,” or “us” or “we” refers to the owner of the website, Damn Writer’s Block, LLC. The term “you” refers to you, the user of this website. By accessing and continuing to use damnwritersblock.com, you agree to each of the terms and conditions set forth herein (the “Terms of Use”). You also agree to our Privacy Policy, which governs how we handle your personal information on our website. If you do not agree to these terms and conditions, please do not access this website or use any of our services.

The website, Damn Writer’s Block, is currently operating under the domains: damnwritersblock.com and www.damnwritersblock.com. Damn Writer’s Block reserves the right to update or modify the Terms of Use at any time at its sole discretion. Your continued use of our website and its services following any changes posted constitutes acceptance of these changes.

All content on Damn Writer’s Block are for your personal educational and/or entertainment use only, and are subject to change at any time.

LIABILITY OF CONTENT

You, the user as a participant of this website, are entirely responsible for all content which includes, but is not limited to, text, software, applications, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (any such material, “Content”), whether publicly posted or privately transmitted. This means that DWB is not and will not be held responsible for any such Content that you upload, email, post or otherwise transfer through DWB.

By publishing any and all comments and/or content DWB as a user, you represent and warrant that:

  • the transferring or copying of the content does not infringe property rights including, but not limited to: copyright, patent, registered trademark, or trade secret rights from a third-party;
  • you have fully complied with third-party licenses and have done what is necessary to be allowed to share such content;
  • the content does not contain or install any malware, viruses, worms, Trojan Horses or anything considered harmful content;
  • the content is not spam, and does not contain any unethical content driven to drive traffic to SEO-related sites, content  or “link farms”;
  • the content does not contain any encrypted data or secret code;
  • the content is not propaganda intended to harass or be harmful towards an individual or group

Without limiting any of those representations or warranties, Damn Writer’s Block reserves the right (though not the obligation) to refuse or remove any content that, by our reasonable opinion, (i) violates any DWB policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Either of these decisions made will be at DWB’s sole discretion.

PHOTO AND VIDEO USAGE

Damn Writer’s Block makes every effort to avoid infringement on citizens’ rights when we publish photos and shoot video and make available on our website. However, there are occasions when it will not be possible to obtain the permission of persons appearing in photos or video footage. These situations include events which our staff, freelance photographers or cameramen shoot for the purpose of news investigation, reporting, interviews, chronicling travel spots or attending media gatherings such as press conferences, cultural events, trade shows, announcements, and other events deemed newsworthy by the editors.

From time to time, Damn Writer’s Block publishes photos and videos of everyday scenes around the world. In these cases, we will make sure not to prominently show the subjects’ faces unless permission is given.

If a person objects to being in a photo or video that appears on Damn Writer’s Block, he or she may contact the editor in writing and ask for it to be removed from the site. A final decision will be made depending on the journalistic  value of the photo or video and the circumstances in which the subject appears in the photo or video.

FILE TRANSFER AND VIEWING

DWB will make sincere efforts within reason that all files viewed and downloaded including, but not limited to, photos and videos from our server(s) will be free of any viruses, malware, or any other malicious software. However, we can not warrant or guarantee that all of our media files will be free from infection.

USER CONDUCT POLICY

You agree to use damnwritersblock.com responsibly and will be held liable if any illegal action or situation occurs with your involvement. In addition, you agree to refrain from committing actions that would either (i) compromise security of our website and/or (ii) cause damage to our website.

This is a list of the following behavior that would be considered as violation of our policy. While DWB reserves the right to delete any comments at our sole discretion, users whose conduct applies to the following criteria below would be subject to removal from the site and it’s services at our sole discretion:

  • Harassment, defamation, libel, and threats
  • Confidential or illegal information
  • Spam or unauthorized advertising
  • Inappropriate photos, videos or audio clips that would be categorized as adult content
  • Copyright infringement or infringement on the intellectual properties or rights of a third-party

Please note that it is not our policy to delete users, but only users that have violated our Terms of Use. DWB will make every attempt to notify you of this violation and reason for removal from the site, and thus you may dispute any allegations of bad user conduct if you are inclined. Please read our Privacy Policy in regards to how DWB handles your personally identifiable information provided to us as a commenter on our site.

NETWORK OF OUR CONTENT

Damn Writer’s Block does not have any control over any content or material of ours that is posted on other websites and webpages, and is not responsible for their contents or their use. We do, however, respectfully wish that other websites provide a link to the source of our article, video, audio podcast or any other content piece or to damnwritersblock.com for any original content that we have published. For any links that go to a non-DWB website or webpage, you are responsible for taking precautions to safeguard your computer systems from malware, viruses, worms, Trojan Horses, and other malicious content. DWB disclaims any responsibility for any harm resulting from your use of external websites and webpages.

COPYRIGHT INFRINGEMENT / DMCA POLICY

Damn Writer’s Block asks others to respect its intellectual property rights, as it respects the intellectual property rights of others. If you believe there is material present or linked to on this website that violates your copyright, you are encouraged to notify Damn Writer’s Block in compliance with 17 U.S.C. Section 512 and the Digital Millennium Copyright Act (“DMCA”) Policy. To file a notice of infringement, please send written communication in the form of mailing a signed physical letter or emailing a PDF providing the location of the infringement, your contact information and visual evidence supporting your claim. DWB will respond to all such notices by removing the infringing material or disabling all links to the infringing material as required.

If you, as a user of this website, infringe or repeatedly infringe the copyrights or other intellectual property rights of DWB or others, you may be denied access to our website at our sole discretion.

INDEMNIFICATION

You agree to indemnify and hold harmless Damn Writer’s Block, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, losses, damages and expenses, including attorneys’ fees, resulting from your use of this website, including, but not limited to out of your violation of this Terms of Use Agreement.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between both parties (you and Damn Writer’s Block). If any part of these Terms of Use are determined by a court of law to be unenforceable, all other provisions in these Terms of Use still apply, and remain in effect. All disputes relating to these Terms of Use will be governed by laws of the United States and the state of California.