The Wendigo Terms and Conditions contained herein on this Website, shall govern all contributors’ and all other visitors’ use of this Website and any associated pages within this Website (collectively referred to herein below as the “Website”). These Terms apply in full force and effect to all users’ use of this Website and by using this Website, users expressly accept all terms and conditions contained herein in full. Users must not use this Website, if they have any objection to any of these Website Standard Terms and Conditions.
Age: This Website is not for use by any minors (defined as those under 18 years of age), and you must not use this Website if you are a minor.
IP and copyright: Under these Terms, Wendigo and/or its licensors own all rights to the intellectual property and material contained in or sent to this Website, and all such rights are reserved. Copyright and other relevant intellectual property rights exist on all text relating to the full content of this website and its services.
Plagiarism: Any text, image, video or other content that users upload to this website must be their own and must not infringe upon any third party’s IP or copyright rights. Wendigo reserves the right to refuse service without refund, if a users’ uploaded content infringes EU or international copyright or plagiarism law, as well as for any other reason, without notice.
Use at your own risk: Within the normal bounds of EU law, Wendigo and its editors, editorial board and staff will not be liable for any direct, indirect, special or consequential damages of any kind arising from the use of this website, or from the publication and dissemination of any related materials whether in digital or print format or in any other medium. This includes but is not limited to the loss of income, profits or business opportunities arising out of interactions with the Website, including its pages, publications, operations, emails, other information, or any other action arising out of the interaction with this Website, even if Wendigo, its suppliers or licensors have been notified of damages. By using this Website, users expressly agree that their use of this site is undertaken entirely at their own risk.
Refunds: Wendigo does not provide refunds under any circumstances, either to authors submitting plays or fiction, or to subscribers, or to any other users in any other circumstances.
Restrictions: Users of the Website are expressly restricted from all of the following:
- publishing any part of this Website’s materials in any media;
- selling, sublicensing and/or otherwise commercializing any of this Website’s material;
- publicly performing and/or showing any of this Website’s material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing.
Further, certain areas of this Website are restricted from access by users, and Wendigo may further restrict access by users to any areas of this Website, at any time, in its sole and absolute discretion.
User Privacy. Wendigo will not sell, share, or rent the personal information of users, submitters or subscribers to any third party, other than that expressly provided by contribtors for subscription and/or publication purposes, and further will not use their e-mail address for unsolicited mail. Any emails sent by Wendigo will only be in connection with the provision of agreed services and information for future related services.
Exclusions and Limitations. The information on this Website is provided on an ‘as is’ basis. To the fullest extent permitted by EU law, this Website:
- excludes all representations and warranties relating to this Qebsite and its contents, which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or its literature; and
- excludes all liability for damages arising out of or in connection with users’ use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or whether a user has advised this Website of the possibility of such potential loss), damage caused to a user’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages; and
- liability for death or personal injury caused by its negligence.
The above exclusions and limitations apply only to the extent permitted by EU law. None of a users’ statutory rights as a consumer are affected.
Payment. Major Credit/Debit Cards, and PayPal are all acceptable methods of payment. Our Terms are payment in full before commencement of services, unless agreed in prior cases in writing with the Company. All texts and images uploaded by users remain the property of the Company, once submitted.
Refunds. Wendigo does not offer refunds, once payment has been made.
Confidentiality. Any interactions users may have with this Website are confidential and users must maintain the confidentiality of such information. In these Website Terms and Conditions, “Your Content” shall mean a user’s uploaded text, images or other material users choose to upload while interacting with Wendigo. With respect to Your Content, by uploading or displaying it, you grant Wendigo an exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, reprint, adapt, publish, translate and use it for research, in any and all media.
Information concerning the Website user and their respective records will not be passed to third parties. Website user records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Website users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, and at the sole discretion of the Company, we shall issue Clients with appropriate written information, hand-outs or copies of records as part of an agreed contract, for the benefit of both parties.
Correspondence: Wendigo emails are confidential and should not be forwarded, excerpted or otherwise shared with parties other than the author and the Wendigo editors and staff. By using this Website, you expressly agree and understand that any correspondence you receive from Wendigo personnel in the course of your submission and editing process or for any other purpose is not to be construed as advice or counsel that you should follow. Any decision you make to attend to the content of our correspondence and to undertake or eschew any specific action shall be your responsibility alone.
Unacceptable Conduct: Wendigo does not accept real or implied threats, comments implying or stating any form of aggression, sexual innuendo or abuse, bullying, racial or gender stereotyping or prejudice, abusive behaviour or foul language. All email and other communications received from submitters and contributors is saved electronically and where necessary will be forwarded to law enforcement authorities and/or legal counsel.
Removal and Termination: Wendigo reserves the right to remove its Website, in part or in whole, or to delete any content posted on this Website, including any author’s submission or published works, at any time, whether with or without notice, for any or for no reason, and without any liability whatsoever to its subscribers, contributors, users and submitters. By submitting material to us, persons using this Website acknowledge that Wendigo may remove any contributor’s presence on our Website, with or without notice, for any reason or none, without any liability.
Website updating: Wendigo reserves the right to change, alter, update, redesign or modify this Website, in part or in whole, including pages or PDFs containing authors’ and contributors’ names, photos, biographies and literary submission, and to do so at any time with or without notice, for any or for no reason, and without any liability whatsoever to any author or contributor.
Copyright on materials published in Wendigo Literary and Plays Journals: By submitting plays or long or short fiction to this Website, the user agrees to the Wendigo copyright terms and conditions, which are as follows:
Any and all content contributed by you to the Wendigo website, and subsequently published in a Wendigo journal, is owned by Wendigo and Wendigo owns sole copyright over the published or represented materials. If an author’s work is accepted for publication or for assignment to an agent for representation, then, in return for publication on the Wendigo Website, the author agrees in return to grant Wendigo world-wide first internet, and first serial rights, and all translation rights, and all archival rights. The author further agrees to grant Wendigo a non-exclusive, royalty-free, perpetual, and worldwide license to use the submitted content in connection with the operation of the Wendigo Website and in Wendigo digital print journal editions. And finally, the author agrees to grant Wendigo, without limitation, the license rights to copy, distribute, transmit, publicly display, edit, translate and reformat the submitted content on the Wendigo website and in Wendigo digital producgtions. You agree that we may also from time to time make a post or tweet using a brief excerpt from your content on Twitter or Instagram which includes a link to our website.
The author retains all other rights. Any and all content contributed by you to the Wendigo Website, but not published by Wendigo, is owned by you.
Editing: By submitting content to the Wendigo website, you are granting Wendigo the right to edit your published fiction, plays or biography as we see fit, with or without your express permission, whether published in part or in whole, and whether published digitally or in print format.
Failure to agree version of record: If Wendigo and an author are unable agree on a final text as the version of record, the author retains the right to request in writing that Wendigo remove the disputed content. In this case, the disputed content will be completely removed from the Website and publications within two weeks. Wendigo is not responsible for persistent or residual versions of your content which may exist on the web or in cached formats, as a result of downloads, screengrabs, third-party web crawlers, search engines, social media posts, reposts or copies, whether in whole or in part, regardless of who made these versions, and regardless of its location on the internet.
No payment: By submitting plays or fiction to this website, the user agrees to the Wendigo policy, tnhat Wendigo will make no monetary payment to authors it agrees to publish.
No warranties: This Website is provided “as is,” with all faults, and Wendigo makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing advice to you.
Availability: Website users are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, by and real, paper or electronic means at all or in any medium, without the express written consent of the Company. Further, Wendigo does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this Website you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files: Wendigo uses IP addresses to analyse trends, administer the site, track users’ movements, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website. You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
Links from this Website. We do not monitor or review the content of other parties’ websites which are linked to from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. We are not responsible for the privacy practices, or content, of these other sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these other sites. You should evaluate the security and trustworthiness of any other site connected to this Website or accessed through this Website yourself, before disclosing any personal information to them. Wendigo will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Termination of Agreements. Wendigo retains the right to terminate any Services Agreement for any reason, including the uploading of non-standard texts and images or non-standard file formats, and including attempts to change or manipulate change any page or element of code. All such actions shall lead to the termination of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
Limitation of liability. In no event shall Wendigo, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Wendigo, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification. You hereby indemnify to the fullest extent Wendigo from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms. Wendigo is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Assignment. Wendigo shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement. These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the European Union, and you submit to the non-exclusive jurisdiction of the state courts located in Bulgaria for the resolution of any disputes.
Force Majeure. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, epidemic, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Waiver. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, she, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.