Effective Date: 1 May 2021

Writing Hat (www.writinghat.com) is an online website (“Website”) that hosts writing contests and other literary and artistic recreational activities. The Website is property owned and operated by Kavitha Cariappa, an individual, residing in Bangalore.

Please review the following Terms of Use that govern your use of our website (“Terms of Use”). Your continued use of our Website constitutes your agreement to follow and be bound by the Terms of Use.

We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of this Website following any such change constitute your acceptance to be bound by these Terms of Use, as updated or modified from time to time. For this reason, we request you to review these Terms of Use each time you access and use this Website and/or participate in various contests.

For the purposes of these Terms of Use, “we”, “our” and “us” shall mean Writing Hat and “you” and “your” shall mean a user of the Website or entrant in various contests.

1. PURPOSE

1.1. We organize various contests and the corresponding rules for each contest are published along with the respective contests. The decision by us is final and may not be disputed in any way. Prior to participation in any contests, please be aware of the rules/guidelines. If you are not comfortable with the guidelines, please avoid participation.

2. ELIGIBILITY

2.1. You represent and warrant that you are 18 years of age or otherwise, possess parental or guardian consent and fully understand and comply with the Terms of Use.

2.2. In case you are entering a contest, you confirm that you are eligible to do so and claim any prizes you may win. In case you are under 18 years of age, prizes will be administered through a parent/legal guardian only.

3. INTELLECTUAL PROPERTY POLICY

3.1. Unless otherwise noted, the Website as a whole, and all materials, including images, illustrations, and designs, that are part of the Website (collectively, “Contents”) are copyrights, trademarks, and/or other intellectual properties owned, controlled, or licensed by Writing Hat. The contents of our Website are intended solely for personal, non-commercial use by the users of our Website and/or entrants in various contests. You may download or copy the contents displayed on our Website for your personal, non-commercial use only so long as your copy retains any copyright and trademark notices appearing on our website. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents or the Website.

3.2. All copyrights in the stories or other material provided to us in relation to your participation in the contests shall lie with you. By virtue of such participation, you hereby grant us an exclusive, worldwide right and license to (i) edit, adapt, abridge, reproduce extracts from or translate the entries for furthering the purpose of the contests and make such content available for public viewing; and (ii) publish the entries or convert the submitted writings into an audiobook, video or create other adaptations, or use the same as a promotional or marketing feature or for any other purpose. To this extent, you irrevocably and unconditionally waive your rights to be identified as the author of your work and shall not object to any treatment of your work whatsoever.

4. USE OF THE WEBSITE/PARTICIPATION IN CONTESTS

4.1. Writing Hat may update the Website from time to time in order to, inter alia, increase its efficiency, optimize user interface and add new features and/or facilities.

4.2. Your access to the Website or participation in contests may disclose or necessitate you to provide to us certain personal information, which shall be collected and maintained as per the terms laid down in our privacy policy available on www.writinghat.com (“Privacy Policy”).

4.3. We allow our affiliates or third parties to collect certain information when you visit our Website through the use of cookies or third-party web beacon to collect this information by those third parties.

4.4. Please seek our permission in case you are writing something associated with our Website or contests on your blog or social media or otherwise. Posting this content on your own site or any other third-party sites without our prior express permission is unacceptable, and actions can be taken.

4.5. The content that you submit for contests may include mature themes and language, however, shall not contain defamatory, obscene, graphic, explicit, offensive, religious, racial, political, or any other such unsuitable material. Writing Hat reserves the right to disqualify entries containing such matter. Further, all entries must be the original work of the entrant and must not infringe the rights of any other party. Plagiarism will not be encouraged or tolerated. Writing Hat accepts no responsibility if entrants ignore these Terms of Use, and you agree to indemnify Writing Hat against any claim by any third party arising from any breach of these Terms of Use.

4.6. Entries for contests will be judged internally or by a panel of judges chosen at the sole discretion of Writing Hat. The decision of the panel of judges or internal assessment is final and binding and will not be subject to any change or modification. Further, the judges are not required to provide any justification or rationale to explain their decision.

4.7. Winners will be notified within a reasonable time on the email address/contact number provided by participants with their entries. In case winners are not contactable within 1 (one) week following the first attempt, Writing Hat may award the prize to the next eligible entrant in the contest. However, Writing Hat may add the original winning story in the publication.

4.8. In the event you have any complaint against the contents (or any portion thereof), including that the contents therein are incorrect or breach the rights of a third party, Writing Hat shall take all commercially reasonable measures to address the same. However, Writing Hat’s sole obligation in this regard shall be to remove such content from the website; and the user shall have no further cause of action against Writing Hat.

5. INDEMNIFICATION

5.1. You agree to defend, indemnify and hold harmless Writing Hat, its employees, agents, officers, directors, subcontractors, licensors and/or content providers from and against any and all claims, damages, costs, and expenses (including reasonable attorneys’ fees), arising from or related to your access and/or use of the Website or Contents or in violation of these Terms of Use.

6. LIMITATION OF LIABILITY

6.1. In no event shall Writing Hat be liable to you for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever arising, whether based on contract, tort, negligence, strict liability or otherwise, even if Writing Hat has been advised of the possibility of damages, on account of, including without limitation: (i) your use of the website; (ii) your reliance on any website content and use or performance of the website’s functions and features; (iii) interruptions or delay in the use of the website; and (iv) participation in the contests. This clause shall survive in perpetuity.

7. DISCLAIMERS

7.1. Writing Hat does not warrant that the website or the availability of the website content will be free of interruptions, errors, bugs, viruses or security problems, or that the platform/app or the website contents will meet the user’s requirements. The website or the contents are provided “as is” and on an “as available” basis and writing hat specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty with respect to the website content, their accuracy, correctness, reliability or fitness for a particular purpose, or any warranty arising from the course of performance or course of dealing.

7.2. Writing Hat shall not be liable for any loss, damage, costs or any issues that may arise as a result of your participation in the contests. Further, Writing Hat does not guarantee that your entry in the contests shall secure you any prizes or any recognition or other accolades.

8. MISCELLANEOUS

8.1. If any of these terms hereunder are held to be invalid or unenforceable, the remaining provisions will continue to be valid and binding upon the users/entrants.

8.2. Waiver by Writing Hat of any of the Terms of Use shall not be construed as a waiver of any of the term or of any breach of a term.

8.3. These Terms of Use along with the Contest Rules in relation to specific contests published from time to time shall form the entire agreement between you and Writing Hat in respect of your participation in various contests, in supersession of any other communication written or oral that may have been exchanged between us.

8.4. We reserve the right to alter, amend or cancel any contests at any time without being liable in any manner whatsoever.

8.5. These Terms of Use shall be governed by the laws of India. The courts in Bengaluru, India, shall have exclusive jurisdiction with respect to any dispute arising out of or in connection with these Terms of Use or related to your access or use of the Website and/or Website Content.

9. CONTACT INFORMATION

9.1. If you have any questions or concerns regarding the Terms of Use or Privacy Policy, please feel free to contact us at the following email address: [email protected] or through the contact details published on the Website.