These are the terms of service for the OTW’s website. Different OTW projects, including the Archive of Our Own and the Fanlore wiki, have their own terms of service. If you use one of those projects, please consult its Terms of Service.
I. General Principles
1. The legalese: including where a lawsuit would be filed, when, and under what law
The ToS constitute the entire agreement between you and the Organization for Transformative Works (OTW) and govern your use of the Service (the OTW site).
The ToS and the relationship between you and the OTW shall be governed by the laws of the United States state of New York, without regard to its conflict of law provisions.
You and the OTW agree to submit to the personal and exclusive jurisdiction of the courts located within New York County (Manhattan), New York.
The OTW’s failure to enforce any part of the ToS will not waive the OTW’s ability to enforce it, and any waiver with regard to a specific instance shall not constitute a waiver of any other breaches of the ToS, even with regard to the same user.
If any provision of the ToS is found by a court of competent jurisdiction to be invalid, you agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of the ToS remain in full force and effect.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
2. You agree to the Terms of Service
By submitting a comment or any other information to the site (“Content”), you state that you agree to comply with the ToS.
3. Potential problems with the Service
a. The OTW provides services on an “as is” and “as available” basis. The OTW does not warrant (that is, does not make a legally binding promise) that our services will meet your requirements; that our services will be uninterrupted, timely, secure, or error-free; or that the results you get from using the services will be accurate, reliable, or satisfactory to you. We will endeavor to provide the best possible service to users of the site, but many things (e.g. possible outages, hackings, etc.) are not within our control and we cannot provide for all eventualities.
Any material you download, view, or otherwise access through OTW services or sites is at your own risk. You will be solely responsible for any damage or loss of data that results from the download of any such material.
b. The OTW expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The ToS represent the entire agreement between you and the OTW. Therefore, no communication from anyone associated with the OTW, whether oral or written, will create any warranty or promise that isn’t expressly stated in the ToS.
c. You expressly agree that the OTW shall not be liable to you for any damages of any kind (even if the OTW has been advised of the possibility of such damages) resulting from the services, including but not limited to your use of or inability to use the services; unauthorized access to or changes in Content or information you submit; and the acts and statements of third parties who use the services.
d. You agree that the OTW shall not be liable to you or any third party for any termination of or limitation on your access to OTW services. The OTW may change, end, or put services or parts of services on hiatus at any time.
e. You agree that the OTW shall not be liable to you for any claim arising out of Content you make available, your use of the Service, your connection to the Service, your use of the ToS, or your violation of any rights of another.
In other words, the OTW is not liable to you for allowing you to post Content, download Content, or do other things with OTW services. The OTW does not assume whatever legal risks you face by posting, viewing, or doing other things with Content.
4. Comments on the OTW site
We may maintain one or more blogs on the site that accept comments. We strive for transparency and will generally post comments we receive, including critical comments. However, by submitting a blog comment, you agree that it is our decision whether or not to post it. If we decide, in our sole discretion, that a blog comment is spam or advertising; reveals the personal information of another person; or contains illegal content or hate speech, we may not post that comment, or we may remove it at any time.
5. Content you see through use of the Service:
a. The OTW or users of its services may provide links to other sites. The OTW has no control over such sites, and you agree that the OTW is not responsible for and does not endorse their content or availability. (Please do report dead links.)
b. You understand that the OTW is not responsible for Content submitted by others. Content is the sole responsibility of the people who submitted it. You understand that using the site may expose you to material that is offensive, erroneous, sexually explicit, indecent, blasphemous, objectionable, or badly spelled.
c. The OTW is not liable to you for any Content to which you are exposed on or because of the Site.
6. What we do with your content:
By submitting Content to the OTW site in the form of a comment, you agree that we can make copies of your comment and show it to other people. Specifically, by submitting Content in the form of a comment, you grant the OTW a world-wide, royalty-free, nonexclusive license to make your Content available. “Making available” includes distributing, reproducing, performing, displaying, compiling, and modifying or adapting. Modifying and adapting here refer to how your work is displayed–not its substance. We will not edit your comment for content or meaning. We may change formats, automatically convert html tags to standard forms, or make other changes to improve accessibility or enable effective moderation of our comment forums.
II. Age Policy
In compliance with United States regulations regarding online privacy for children, the OTW and its sites do not knowingly solicit or collect information from children under the age of thirteen (13). Children under the age of thirteen (13) are therefore not permitted to upload Content of any type to the OTW site. By submitting Content to the OTW site, you thereby confirm that you are thirteen (13) years old or older.
Asking a parent or legal guardian to upload Content does not constitute submitting Content under this policy.