Terms of service

Introduction

Society of Children's Book Writers and Illustrators (hereafter -“SCBWI”, "we", "our" or "us") is a Non-Profit Organization with a mission to foster public appreciation of children's books.

Please read these Terms of Service (hereafter - “Terms”) carefully before accessing or using our website at www.SCBWI.org (hereafter - the “Website”) and all related websites and services made available by us, including SCBWI live events (together - the “Service”).

Acceptance of Terms

On our Website you can create a profile to post, link, store, share and otherwise make available certain information such as your illustrations, details about your published books and other materials (together - the“Content”). Depending on the membership type, you can access the SCBWI guidebook and other resources, get invitations to SCBWI-organized events and receive several benefits available exclusively to SCBWI members.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all SCBWI members, visitors, users and other persons who access and/or use the Service. By accessing or using the Service, whether as an SCBWI member, visitor or user of the Website, you agree to be bound by these Terms. These Terms serve to protect and safeguard your rights, the rights of other users, our rights and the rights of third parties in the course of operating the Website. If you do not agree to the Terms, you must immediately stop using any part of the Service.

Account and Registration

To use our Website you must be at least 18 years old.

When you create an account with us, you must provide us with the requested information and data that is accurate, complete, and current at all times. If your data changes after registration, you are obliged to correct the information in your account immediately.

You may not use a name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately at support@scbwi.zendesk.com upon becoming aware of any breach of security or unauthorized use of your account.

Memberships and payments

Depending on the membership type, you shall pay an annual fee upon your registration for the SCBWI membership (hereafter - the “Membership Fee”). The Membership Fee is charged on the first day of your membership period and grants you access to all member's benefits for one calendar year (hereafter - the “Membership Period”).

Each membership will automatically extend for another Membership Period until you terminate your membership. You have the right to terminate your membership until the last day of the then-current Membership Period.

All memberships are non-cancellable and non-refundable, except as otherwise stated in these Terms.

Each time you renew your membership before the expiration date, your membership will automatically extend for another Membership Period until you choose to terminate your membership. You have the right to terminate your membership until the last day of the then-current Membership Period. Requests to refund membership dues must be requested within seven days of the date the dues were paid.

User Content and Intellectual Property Rights

SCBWI does not claim ownership of your Content, but you grant us a license to use it. When you upload any Content to the Service, you grant us a worldwide, non-exclusive, permanent, irrevocable, royalty-free license (with the right to sublicense) to reproduce, adapt and modify (incl. translation), distribute, publicly perform, publicly display, broadcast, make available, store and archive and otherwise use such Content (in whole or in part) on and through the Service. This license will end when your Content is deleted from our Website. You can delete content individually or all at once by deleting your account.

You acknowledge and confirm that your Content will be made available to the public on and through the Service subject to these Terms without providing you attribution or compensation.

You may not upload, post or transmit any Content that:

  1. Infringes any third party’s copyrights or other intellectual property rights, contract rights or any other rights of any person;
  2. Contains any pornographic, racist, defamatory, libelous or otherwise immoral, vulgar or obscene content;
  3. Depicts unlawful or violent, hateful or threatening or otherwise inappropriate acts;
  4. Offends, defames, harasses or otherwise damages SCBWI or any third party;
  5. Violates any law, statute, or regulation.

We reserve the right to remove any Content at any time if we believe it’s in violation of these Terms and/or to terminate any membership at our sole discretion.

You represent and warrant that:

  1. the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
  2. we will not need to obtain licenses from any third party or pay compensation or royalties to any third party with respect to the Content;
  3. your Content does not infringe any third-party rights (including in particular copyrights, neighboring rights, intellectual property rights, name rights, right of personality, rights of privacy, data rights or other property rights), and
  4. your Content complies with these Terms and all applicable laws.

When you upload any Content to the Service you also authorize us under your copyrights to enforce any violations of the sublicense we grant in the Content to others. In other words, SCBWI is entitled to take appropriate measures to pursue the rights granted to us hereunder. You shall support us in the court or non-court assertion of the acquired rights, in particular by providing information, providing the necessary original documents and other documents, making or having made the necessary assignment of rights to SCBWI, as well as preparing any further declarations or documents which should be required or useful for the realization of the license granted by you to SCBWI.

Restrictions on use of the Service and Content

The Website and the Service are protected by copyright, trademark and/or other intellectual property rights and are subject to copyright law and other protective laws ("SCBWI Rights") SCBWI is the rightful owner or licensee of all rights to the Website and the Service. With the exception of the use of the Website and Service in accordance with these Terms, use of SCBWI Rights is only permitted with the prior written consent of SCBWI.

You represent and warrant to us that by using the Service you will not:

  1. impersonate any other person on the Services;
  2. use the Service and/or Website for transmission of "junk mails", chain letters, unsolicited bulk e-mails, etc. (“spamming”);
  3. send any data or store any data on a SCBWI data carrier which, by its nature, size or reproduction, is intended to impair or endanger the existence or operation of the Website and the SCBWI data network;
  4. make any electronic attacks of any kind on the Service or network; in particular, the use of computer programs to automatically read out data such as robots, spiders, etc. is prohibited;
  5. use the Service for the purposes of data mining, extraction, scraping and/or the use of programs or robots for automatic data collection and/or extraction of digital data from the Service and/or the content made available thereon, whether for machine learning purposes or otherwise;
  6. use or exploit any metatags or other hidden texts containing the name or trademark of SCBWI without the express written consent of SCBWI;
  7. collect, store or use any personal information, including member names and profiles, about other users; or
  8. copy the look and design of the Website, modify, translate, create derivative works of or reverse-engineer our Service or its components.

Violation of Terms and Termination of Use

SCBWI reserves the right to reject the publication of Content at its own discretion and to delete Content already published.

SCBWI further reserves the right to restrict or suspend your access to the Services in whole or in part at any time, without prior notice and excluding any claim for damages on your part (“Suspension”), if there are reasonable grounds for suspecting violations by you of these Terms.

SCBWI expressly reserves the right to take legal action, in particular to assert claims for damages or to file criminal charges.

Notice of Infringements

Please let us know if you believe that any Content made available on and via the Service contains a violation of the law or these Terms. The message can be sent by e-mail to the address support@scbwi.zendesk.com.

If you as the copyright owner or as its representative believe that your copyrights are infringed by the Content of users stored, published or transmitted on the Website, please notify us by e-mail to support@scbwi.zendesk.com including the following information:

  1. description of the rights you consider to have been infringed;
  2. statement of the content you believe infringes your rights, preferably including a URL, and the part of the content you believe infringes the law;
  3. your telephone number and email address to contact you;
  4. statement by you that, to the best of your knowledge and in good faith, you believe that the use in question has not been approved or is not authorized by the rightsholder or its agent.

Disclaimer of Warranty and links to third-party sites

The use of the Service is at your own risk. The Website and the Service are offered to you on an "as is" and “as available” basis. We do not warrant that the Website or the Services will always be uninterrupted, current, timely, secure, error-free or suitable for use for any particular purpose or to achieve any particular result.

SCBWI does not guarantee that the content on the Website or on linked other sites is correct or complete. The content of the users does not reflect our opinions or views on life. The presence of links to other websites does not imply that SCBWI endorses or recommends the linked website. SCBWI has no influence on the contents of the linked external sites and is not responsible for them. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Please exercise discretion while browsing any Internet site linked to the Website. You should be aware that when you are on our Website, you could be directed to other sites that are beyond SCBWI's control. There are links to other sites from SCBWI pages that take you outside of the service of SCBWI. For example, if you click on a member's social media links or other resource links, the click may take you off the Website. SCBWI makes no representations concerning the content of sites listed in any of its directories. SCBWI cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to Website.

If SCBWI becomes aware of any violations of the law through content, links to third-party websites or advertising published on the website, SCBWI will immediately delete such content, links or advertising.

SCBWI accepts no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures or unauthorized access or theft, destruction or modification of user communications. Likewise, SCBWI is not liable for issues or technical malfunctions in connection with online systems, servers or providers, software or for failures of e-mails or players due to technical problems or data jams on the Internet and/or one of the Service, unless these are within the sphere of influence of SCBWI.

Liability

SCBWI will not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of any statutory duty or misrepresentation, or otherwise, for any loss arising under or in connection with your use of Service in conditions that fall into any of the following categories: loss (whether direct or indirect) of profit, goodwill, business, business opportunity, revenue, turnover or reputation; loss (whether direct or indirect) of anticipated saving or wasted expenditure; loss of or damage to data; or any special, indirect or consequential damage or loss, costs or expenses.

Nothing in these Terms excludes or limits SCBWI's liability for death or personal injury caused by SCBWI's negligence, for fraud or fraudulent misrepresentation, or for any indemnities given in these Terms.

SCBWI aggregated liability for all claims arising in any calendar year under these Terms shall be limited to the Membership Fees paid or payable by you to SCBWI in that calendar year.

Indemnification

You agree to defend, indemnify and hold SCBWI and its affiliates harmless from and against any and all claims, damages, liabilities, losses or demands arising out of or in connection with (i) your use and access to the Website and/or Service; (ii) your violation of these Terms; (iii) infringement of third party rights (copyrights, trademark rights, personal rights, etc.) by you or your Content. The indemnity obligation includes the reasonable costs of legal defence, in particular lawyer's fees, necessary to defend against such claims.

Data Protection

Use of the Website and Service is subject to our Privacy Policy, which is available at https://scbwi.org/privacy-policy

Anti-harassment policy

SCBWI is dedicated to providing a harassment-free experience in its events and activities for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, or religion. We do not tolerate harassment of event participants in any form. Harassment includes offensive verbal comments related to gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, religion, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Participants asked to stop any harassing behavior are expected to comply immediately. SCBWI reserves the right to require anyone not complying with the above to depart from any event at which any such activity has been perpetrated and to bar them from future SCBWI events.

Termination

These Terms are effective until terminated either by you or us. You may terminate these Terms at any time by discontinuing use of all SCBWI Services and deleting your profile. Your access to any and all SCBWI Services may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these Terms. Upon termination, you must cease use of the Website and destroy all materials obtained from the Site and all copies thereof, whether made under these Terms or otherwise.

Choice of law and place of jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action

Miscellaneous

This agreement does not give rights to any third parties. You cannot transfer your rights or obligations under these Terms without our consent. Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition or sale of assets) or by law.

These Terms, together with our Privacy Policy, and any other legal provisions published by us on the Website, constitute the sole agreement between you and SCBWI regarding your use of the Website and the Services and shall not be modified except in writing.

Should individual clauses of these Terms be wholly or partially invalid or should these Terms contain gaps, this shall not affect the validity of the remaining Terms.

We reserve the right to change or adapt these Terms at any time and without giving reasons with effect for the future. Changes shall be deemed approved by you if you continue to use the Service after the new Terms come into effect. The use of the Service is subject to the Terms in force at the time of use.

Last updated: 30.05.2023.