Date of last revision: February 17, 2018
Description of the Company
F(r)iction is the imprint of Brink Literacy Project is a Colorado non-profit that: operates literacy and literature initiatives worldwide—including in underserved communities and demographics; works with creatives to assist them in getting published and connecting with readers; and publishes F(r)iction, a totally boss literary journal that collects writing, artwork, and graphic novels from new and established creatives.
Your Use of the Content
A. User Representations and Eligibility to Use Content
By registering and using the Content, each User represents and warrants the User: (i) has the authority and capacity to enter this Agreement; (ii) is 18 years or older, or is accessing the Content with the express permission of an adult parent or guardian; (iii) is not precluded or restricted in anyway by any laws from using the Content; and, (iv) is not otherwise precluded or ineligible to use the Content and has not been previously suspended from using the Content under any name or entity. Furthermore, User agrees to timely updates of any information it provides to the Company on an ongoing basis.
B. Truthfulness of Information
You represent and warrant that all information you submit when using the Content is complete, accurate, and truthful. User is responsible for maintaining the completeness, accuracy, and truthfulness of such information.
C. Limited Use of Content
The Content is only for the uses specified in this Agreement. Users may not use the Content in connection with any commercial endeavors outside of this Agreement. The Company reserves the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Content, including illegal use of Content and unauthorized access of or linking to the Content.
D. No Infringement: Company
You agree that the Company’s Content contains proprietary information and material that is owned by the Company and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws. The Company’s ownership extends to all content, features, and functionality on the website or app, and in Company communication that is protected or protectable under the law. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Content in compliance with this Agreement. No portion of the Content may be reproduced in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by an authorized agent of the Company. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content in any manner, and you shall not exploit the Content in any unauthorized way. In no way should your use of the Content be construed to diminish the Company’s intellectual property rights or be construed as to provide User a license or the ability to use the Content in any context other than as expressly permitted under this Agreement.
E. User-Generated Content
Posting comments or otherwise adding to our Content does not afford the User any right or ownership in that content. The Company retains all rights to any User-generated content. The User acknowledges this and, where any property rights cannot be transferred automatically to the Company, the User provides the Company a perpetual, irrevocable, transferrable, worldwide, fully-paid right and license for such use.
F. Prohibited Activities
Users shall not engage in the following activities:
- Use the Content for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same;
- Use the Content to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- Access a User’s account without permission of the User or Company;
- Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;
- Spam any comments section with offers of goods and services, or inappropriate messages;
- Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Content;
- Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Content; and,
- Solicit passwords or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person’s personal information without his or her permission.
A. Payments and Fees
The Company accepts donations as a non-profit. It also sells various goods (including subscriptions) and services, and collects entry fees for contests relating to literature, art, and creation.
B. Third-Party Payment Services
The Company utilizes third-party payment services (currently, Stripe and Submittable) to handle payment services. If Users have any issue with charges, those issues need to be addressed between the Users and the third-party payment service. The Company is not responsible for the payment processing or any related disputes.
C. No Refunds
All sales (including subscriptions), donations, and entry fees are final. User recognizes it has no right to any refunds and waives any right or claim to the same. Where User has issue with a purchased good based upon our mistake or a fault in our product, User may contact us to confirm and resolve that issue through replacement or substitution, at our sole discretion. For subscriptions, User is at all times responsible to assure we have the User’s most current mailing address.
Disclaimers, Waivers, and Indemnification
A. Appropriateness of Content
The Company publishes the work of authors, artists, and other creatives that some individuals may find shocking, difficult, or troubling. Users who do not wish to access the Content are responsible to avoid doing so, or to cease access they do not wish to continue viewing. By accessing the Content, the User here waives any claim against the Company based upon the nature of the Content.
Furthermore, the Company permits its Users to post public comments in the Content. The Company holds no responsibility and has not implemented any routine to monitor, censor, or otherwise control User contact, communications, or exchanges relating to that. User accesses all Content at the User’s own risk.
B. No Guarantees, Endorsements, or Investigation
The Company does not provide any guarantees or endorsements of any third-party or User, or its content or links, provided through the Content. The Company does not investigate or otherwise review any User or third-party or its content. User accepts all risks associated with any third-party, and its content, links, or related information. User agrees not to hold the Company liable for any conduct or content of third parties or other Users.
C. Disclaimer of Warranties
All information and services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, the Company makes no warranty that access to the Content will be uninterrupted, secure, complete, error free, or meet a User’s particular requirements; or that it will be or continue to be compatible with any other service or program.
D. Waiver of Liability
User waives any liability of or claims against the Company for any injuries or damages (including compensatory, punitive, special, or consequential damages) User sustains as a result of or associated with using the Content. User waives any claim or liability stemming from the negligence of the Company. User also waives any liability of the Company based upon the negligence, recklessness, intentional acts, or accidental conduct of Users or any third party. User understands that the Company does not control or investigate its Users or third parties.
E. Scope of Waiver
User understands and agrees the above waiver extends to any claim of any nature or kind, known or unknown, suspected or unsuspected, regardless of when the claim first existed. This includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
If the Company is subject to a complaint, demand, mediation, arbitration, litigation, or other pursuit based upon User’s conduct relating to or from use of the Content, User agrees to indemnify the Company for all costs, expenses, and fees (including attorneys’ fees by the attorneys of the Company’s choice) it expends in defending itself against or otherwise addressing such pursuit. Such conduct or use includes, but is not limited to, User’s violation of this Agreement; User’s use of the Content; User’s interactions with other Users or others; User’s use of intellectual property on or through the Content; and any such actions performed by an agent, entity, or representative on User’s behalf. User agrees to indemnify the Company as soon as the Company incurs the costs, expenses, and fees, whether those are billed by event, or in week, month, or some other interval.
Limitation of Content and Termination
A. Right to Remove Content
The Company reserves an unrestricted right to remove content, including that of Users, at any time without advanced notice.
B. Right and Grounds to Terminate User Access
To protect the Company and its Users, the Company reserves an unrestricted right to refuse, terminate, block, or cancel a User’s application to, account with, or access to the Content at any time, with or without cause. User acknowledges here that User has no right: to use of the Content should the Company terminate or suspend the User’s account. Primary reasons warranting termination include (and primary reasons leading to suspension pending investigation of claims or evidence of the following):
- A User violating any of the provisions of this Agreement;
- A User hindering or interfering with the Company in providing its Content;
- A User making misrepresentations, lying, or deceiving the Company; and,
- A User using the Content in violation of any international, federal, state, or local law, or applicable regulation, rule, or order by any regulatory, governing, or private authority, or a court of competent jurisdiction.
C. No Right to Content
The User neither possesses nor retains any ownership of or rights to the Content generated by the Company or User. Upon termination, User has no right to access or have returned any such information.
D. Opting Out
Subject to a reasonable delay to process the request, you may opt out of receiving e-mails from us at any time by selecting the “opt-out” option in any of our newsletter e-mails, or contacting us via the Contact Us form on this page. You may similarly cancel your account at any time by contacting us at the above address.
After termination, the Company retains all rights to content as specified in this Agreement. Sections II—VI of this Agreement survive after termination.
A. DMCA Violations
If you believe any Content infringes on your copyright, you may request removal of the Content via the Contact Us form on this page. The Company will respond to all requests as quickly as possible and to the best of its ability.
B. Successors and Assignees
The Company may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of the Company’s ownership or assets. In the case of the Company rebranding or changing its name, the Agreement will remain with the Company under the new brand or name. Users may not assign this Agreement without express written permission from the Company.
User agrees that any waiver or protections afforded to the Company are also provided to its affiliates, directors, officers, principals, employees, agents, and successors in their roles and relationship with the Company. User also acknowledges that all waivers and agreements bind not only User, but any successors, heirs, agents, and other representatives.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association. Users may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. Parties understand and accept that, by agreeing to arbitration, the Parties are foregoing their access to a trial by jury.
D. Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of Colorado and, where national law applies, those of the United States of America. The venue for any disputes including mediation, arbitration, or litigation shall be Denver, Colorado. Each Party agrees to waive the following defenses to any action brought in Colorado: forum non conveniens and lack of personal jurisdiction.
If one Party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either Party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that Party retains the right to enforce that term or provision at a later time.
If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, the Parties agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.
G. Understanding of Agreement
You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement, and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.
H. Entire Agreement