Welcome to Do The Write Thing! Thank you for using Sessions and for taking the time to read this document.
Do The Write Thing LLC ("the Company", "we", "us", and/or "our") provides document management, content management, collaboration and communication services (the "Company Service") through the website thesessions.app as well as other websites owned or operated by the Company (the "Sites") and through mobile applications such as Sessions for iOS and Android ("Sessions"). Your use of the the Company Service provided through or in connection with the Sites and Sessions and viewing of the content available at the Sites and Sessions, is subject to this Terms of Service Agreement and the current the Company Privacy Policy published at https://thesessions.app/privacy-policy.html, which is incorporated herein by reference. These Terms of Service govern your access to and use of the Company Service, including any content, information, products or services therein. This is a legal agreement between you and the Company. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE COMPANY SERVICE.
1 - General
Links On The Company Service
The websites displayed as search results or linked to by the Company Service are owned and operated by individuals and/or companies over whom the Company exercises no control. The Company assumes no responsibility for the content of any website included in any search results or otherwise linked to by the Company Service. As an example,if the Company Service provides links to external websites containing outdated statistics or controversial opinions, the Company . If, for any reason, the owner and operator of a linked website wishes the link from the Company Service to be deleted, they must contact the Company (support@thesessions.app) and expressly request such deletion.
You may not take the results from a Company search and reformat and display them, or mirror the Company home page or results pages on your website, or send automated queries to Do The Write Thing's system without express permission from Do The Write Thing.
2 - Content
Certain types of content are made available through the Do The Write Thing Service. "Do The Write Thing Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Do The Write Thing Service, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and other content and information which Members post, upload and otherwise submit to the Do The Write Thing Service, including without limitation in Member created profile pages. Do The Write Thing RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY Do The Write Thing CONTENT OR USER SUBMISSIONS FROM THE Do The Write Thing SERVICE WITHOUT NOTICE.
3 - Your Obligations in Using the Do The Write Thing Service
The Do The Write Thing Service may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Sites and Sessions. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Sites or Sessions:
a. Circumvent, disable or otherwise interfere with security related features of the Do The Write Thing Service or features that prevent or restrict use or copying of any Do The Write Thing Content;
b. Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
c. Use any meta tags or other hidden text or metadata utilizing a Do The Write Thing name, trademark, URL or product name;
d. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
e. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Do The Write Thing Service to send altered, deceptive or false source-identifying information;
f. Post any materials that you do not have permission, right or license to use;
g. Post personal, private or confidential information belonging to others;
h. Request personal information from a minor;
i. Impersonate or misrepresent your affiliation with another person, or entity;
j. Post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
k. Plan or engage in any illegal, fraudulent, or manipulative activity;
l. Post objectionable, offensive, unlawful, deceptive or harmful content;
m. Objectionable content is content that most users would find to be offensive, upsetting, or inappropriate. Some examples of objectionable content include: Defamatory commentary and hate speech about religion, gender, race and other targeted groups; Overly sexual material of an explicit nature; Portrayals of extreme violence or content that encourages violence; Bullying and harassment, and Illegal activities such as drug use and gambling
n. Do The Write Thing will act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content;
o. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
p. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Do The Write Thing Service, servers or networks connected to the Do The Write Thing Service or the technical delivery systems of Do The Write Thing's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Do The Write Thing Service;
q. Attempt to probe, scan or test the vulnerability of any Do The Write Thing system or network or breach or impair or circumvent any security or authentication measures protecting the Do The Write Thing Service;
r. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Do The Write Thing Services;
s. Attempt to access, search or meta-search the Do The Write Thing Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Do The Write Thing or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
t. Collect or store personal data about other Do The Write Thing Users without their express permission;
u. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
v. Use the Do The Write Thing Service in any manner not permitted by this Agreement; or
w. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
4. Termination; Cancellation.
a. We may immediately terminate or suspend your access to the Do The Write Thing Service and remove any material (including User Submissions) from the Do The Write Thing Service or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Do The Write Thing Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Do The Write Thing Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. Do The Write Thing is not liable to you or any third party for termination of the Do The Write Thing Service or termination of your use of the Do The Write Thing Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE Do The Write Thing SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Do The Write Thing will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
b. Any suspension, termination or cancellation will not affect your obligations to Do The Write Thing under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
5. Modification of the Do The Write Thing Service or Terms of Service.
Do The Write Thing reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Do The Write Thing Service, or modify these Terms of Service without notice. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Do The Write Thing Service. By continuing to access or use the Do The Write Thing Service after Do The Write Thing makes any such modification, you agree to be bound by the revised Terms of Service.
6. Disclaimer of Warranties.
Do The Write Thing disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Do The Write Thing Service. Do The Write Thing disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Do The Write Thing disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Do The Write Thing Service.
THE Do The Write Thing SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Do The Write Thing EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Do The Write Thing DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Do The Write Thing SERVICE. Do The Write Thing DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Do The Write Thing SERVICE. Do The Write Thing DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Do The Write Thing SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Do The Write Thing SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Do The Write Thing SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Do The Write Thing SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL Do The Write Thing BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE Do The Write Thing SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Do The Write Thing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Do The Write Thing SERVICE, FROM INABILITY TO USE THE Do The Write Thing SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Do The Write Thing SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Do The Write Thing SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Do The Write Thing SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Do The Write Thing SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Do The Write Thing SERVICE. SUCH LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Do The Write Thing SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Do The Write Thing. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Do The Write Thing be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
8. Use by Minors.
Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
9. GOVERNING LAW.
This Agreement and the relationship between you and Do The Write Thing, and all Transactions on the Services shall be governed by the laws of the State of California. You and Do The Write Thing agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement.
10. Miscellaneous Provisions.
The English language version of these Terms of Service is the version that governs your use of the Do The Write Thing Service and in the event of any conflict between the English language version and a translated version, the English language version will control.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Do The Write Thing.