Terms Of Use

This website is maintained by the editors of Drunken Pen Writing, a nonprofit, ad-free online literary magazine (“Drunken Pen Writing”). This website may also include services provided by third parties and distributed through the website by virtue of a license, grant, or some other form of agreement between the third party and Drunken Pen Writing. In the policies that follow, “we,” “us,” and “our” refers to Drunken Pen Writing.

Drunken Pen Writing provides this website under the following conditions. If you visit this website, you agree to accept our Privacy Policy and Terms Of Use. Please read them carefully.

This notice describes the Terms Of Use agreement for Drunken Pen Writing’s website. By accessing and using this website, you are hereby agreeing to be legally bound by the following Terms Of Use. If you do not agree with all of the following terms and conditions, please do not use this website.

This version of our Terms Of Use agreement is effective as of March 1, 2019.

Copyright and Intellectual Property

All content included on this website, including text, graphics, photography, artwork, design elements, Drunken Pen Writing’s logo, downloads, and streaming media, is either the property of Drunken Pen Writing, is published by Drunken Pen Writing with the permission of the individual copyright holders, or is published by Drunken Pen Writing via free use or from the Public Domain. All content on this website is protected by United States and international copyright laws.

The compilation of all content on this website is the exclusive property of Drunken Pen Writing and is protected by United States and international copyright laws. Drunken Pen Writing’s logo, graphics, page headers, and icons may not be used in connection with any product or service that is not Drunken Pen Writing’s or in any manner that is likely to cause confusion among customers.

License and Website Access

Drunken Pen Writing grants you a nonexclusive, nontransferable, limited, revocable license to visit and use this website and download material from it for personal, noncommercial purposes only. We also grant you a nonexclusive, limited, revocable right to link to our homepage at drunkenpenwriting.com and/or other pages on our website.

Any other copying or republication of any portion of our content without prior written consent of Drunken Pen Writing is prohibited. This includes framing Drunken Pen Writing’s content on other websites. This website, or any portion of it, or any derivative uses of it, may not be reproduced, duplicated, copied, sold, resold, visited, performed, entered into databases, or otherwise exploited for any purpose, commercial or otherwise, without the express written consent of Drunken Pen Writing.

You may not use this website for any unlawful purpose. Any unauthorized or illegal use of this website terminates any license granted to you by Drunken Pen Writing.

Electronic Communication

When you visit Drunken Pen Writing‘s website and send e-mails to us, you likewise consent to receive electronic communications from us. We will communicate with you via e-mail or by posting notices on this website. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.

Please be aware that sending e-mail is not a secure method of transmitting information. Do not send credit-card information or other sensitive information to us by e-mail. Drunken Pen Writing is not responsible for any loss or damage that results from interception and/or unauthorized use by third parties of any information that you send us by e-mail.

For information regarding Drunken Pen Writing’s use of your e-mail address, please read our Privacy Policy.

Content Accuracy

Drunken Pen Writing strives to be as accurate as possible. However, Drunken Pen Writing does not warrant that all content on this website is accurate, complete, reliable, current, or error-free. Through your use of this website, you acknowledge the absence of any warranty of accuracy.

Links to External Websites

Drunken Pen Writing is not responsible for the contents, offerings, accuracy, data-collection practices, terms of use, privacy policies, or security practices of other websites to which we link, nor do we regularly review these websites. If you visit external websites, please review their privacy policies and terms of use. Links to an external website do not imply any affiliation between us and the website owner, or an endorsement, approval, or verification by us of any information or content available on such third-party websites. By providing access to other websites, we are not recommending the purchase of products or services provided by the sponsoring organization of any linked website or any of their advertisers.

Privacy Policy

Please review our Privacy Policy, which is hereby incorporated into these Terms Of Use.

Disclaimer of Warranties and Limitation of Liability

This website is provided by Drunken Pen Writing on an “AS IS” and “AS AVAILABLE” basis. Drunken Pen Writing makes no representations or warranties of any kind, expressed or implied, as to the operation of this website or the information, content, materials, or products included on it. You expressly agree that your use of this website is at your own risk.

To the fullest extent permitted by applicable law, Drunken Pen Writing disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Drunken Pen Writing does not warrant that this website, its servers, or e-mail sent from our domain (drunkenpenwriting.com) are free of viruses or other harmful components. Drunken Pen Writing will not be liable for damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If your state has such laws, some or all of the above disclaimers, exclusions, and limitations may not apply to you, and you might have additional rights.

Applicable Law and Disputes

By visiting this website, you agree that the laws of the United States and, specifically, the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms Of Use and any dispute that might arise between you and Drunken Pen Writing. You agree that any action at law or in equity arising out of or relating to your use of this website or these Terms will be filed only in Pennsylvania, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Persons who use this website do so on their own initiative and are responsible for compliance with applicable laws and regulations.

Severability

If any portion of these Terms Of Use is deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

Changes to Terms Of Use

Drunken Pen Writing reserves the right to make changes to these Terms Of Use at any time. If these Terms Of Use change in the future, we will post and date the new version on our website. Please check our website periodically for any changes to this agreement or other website policies.