This terms of use agreement (“Agreement”), read together with our Privacy Policy, is between Brink Literacy Project, a Colorado nonprofit (“Brink,” “Company,” or “we”) and the person or entity (“User” or “you”) (collectively “Parties,” and individually, “Party”) that has decided to access our content, any websites or apps associated with Brink, or any of our features, products, graphics, text, images, photos, audio, video, location data, computer code, or any other forms of data and communications; or use any services of Brink (collectively, “Content”).
By accessing the content in any way, you agree to be bound by this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, posted at http://www.brinklit.org/privacypolicy/ and incorporated by reference herein, do not access or use the Content.
The terms of this Agreement are subject to change by the Company at any time. It is the responsibility of the User to check this Agreement periodically for any changes. Continued use of the Content shall constitute acceptance of the new terms of use Agreement.
I. Description of the Company
Brink Literacy Project is a Colorado nonprofit 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.
II. 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 to 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 as diminishing the Company’s intellectual property rights or be construed as providing User a license or the ability to use the Content in any context other than as expressly permitted under this Agreement.
E. Prohibited Activities
Users shall not engage in the following activities:
- Using 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;
- Using 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;
- Publishing or allowing to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;
- Using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Content;
- Decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Content.
Payments
A. Payments and Fees
The Company accepts donations as a nonprofit.
B. Third-Party Payment Services
The Company utilizes third-party payment services (currently, Donorbox, Paypal, and Stripe) 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.
IV. 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 for avoiding doing so, or for ceasing access if 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 this. 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.”
F. Indemnification
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 by week, month, or some other interval.
V. Limitation of Content and Termination
A. No Right to Content
The User neither possesses nor retains any ownership of or rights to the Content generated by the Company. Upon termination, User has no right to access or retain Content or information.
B. Opting Out
Subject to a reasonable delay to process the request, you may opt out of receiving emails from us at any time by selecting the “opt-out” option in any of our newsletter e-mails, or contacting us via our contact form. You may similarly cancel your account at any time by contacting us via this form.
C. Survival
After termination, the Company retains all rights to Content as specified in this Agreement. Sections II–VI of this Agreement survive after termination.
VI. General Provisions
A. DMCA Violations
If you believe any Content infringes on your copyright, you may request removal of the Content by contacting us via our contact form. 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 relationships with the Company. User also acknowledges that all waivers and agreements bind not only User, but any successors, heirs, agents, and other representatives.
C. Arbitration
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.
E. Waiver
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.
F. Severability
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 effect 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 can 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
This Agreement, together with the Privacy Policy, constitutes the entire agreement between the Company and you, and supersedes all prior agreements, representations, and understandings, oral or written, between the Parties.
