This user agreement and any other services terms (collectively, the “Terms,” this “Agreement,” or the “User Agreement”) describe the terms and conditions on which Black Writers Collective LLC (“we” or “us” or “our”) offers a user (“Customer” or “you” or “your”) access to our services and website at https://blackwriters.org (“Black Writers Collective” or this “system”). If you have a question about this Agreement, please contact us by using the “contact us” link at the bottom of the site.
Welcome to Black Writers Collective! We start every new member relationship with a contract. The following contract spells out what you can expect from us, and what we expect from you. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by agreeing to these Terms will you be able to access and use the services available on this Website. Use of our services is limited to parties that lawfully can enter into and form contracts under applicable law. We require that users be eighteen (18) years of age or older. Our services are not open to use by minors.
Access and Services
These Terms govern your access to and use of our services, including our website, email notifications, applications, and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services. By using the Services you agree to be bound by these Terms.
You agree to be bound by certain rules which are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
Your communications on this system are, in most cases, viewable by the general public. Certain communications may be viewable by only yourself and the intended recipients. However, as system operators, we may need to review or monitor your electronic correspondences through our system and other communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities or account on the system. Therefore, you should not expect to have a right to privacy in any of your communications or in any material you post to Black Writers Collective.
Black Writers Collective’s Use of Content by Users
By posting original content of which you are the sole or partial author (“Writing”), you grant Black Writers Collective the non-exclusive right to display or view the content on the site, at no cost to Black Writers Collective. You acknowledge and agree that Black Writers Collective may preserve Writing you post to the site and may also disclose such Writing if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any work violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Black Writers Collective, its owners or operators or third parties. Except as specifically described above, users retain all rights to the Writing they post to Black Writers Collective. Black Writers Collective may from time to time establish additional forms of rights management and ownership programs applicable to Writing posted to the site.
By posting messages, uploading files, inputting data, or engaging in any form of communication on our system excepting the posting of Writing, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any material that you submit, post, or display on or through this system. You agree that any such material will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Black Writers Collective the license described above.
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system which we own.
Users own a copyright in their original content that they post to the site. Black Writers Collective owns a copyright in all aspects of the site original to it, including but not limited to, selection, coordination, arrangement, and enhancement of the site, as well as in Black Writers Collective’s original content on the site.
Black Writers Collective LLC responds expeditiously to notices of claimed copyright infringement and terminates accounts of members who are repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that content hosted at Black Writers Collective infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
- Identification of the material being infringed.
- Contact information for the notifying party, including name, address, telephone number, and email address.
- A statement that the notifying party has a good-faith belief that the material is not authorized by the copyright owner or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate, and that the notifying party is authorized to make the complaint on behalf of the copyright owner.
- The notifying party’s physical or electronic signature.
After we receive and review a valid DMCA claim, we will expeditiously disable access to the allegedly infringing material. We will then notify the allegedly infringing party, who may then file a counterclaim at their discretion.
Black Writers Collective LLC
4008 Louetta Road PMB 415
Spring TX 77388
Limitation of Liability
You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR OWN SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. We offer our services “as is” and will not be held responsible for outages or failures or errors in any electronic files provided by us.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
Disclaimers of Warranty
THE SYSTEM IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders’ rights and will not be tolerated. We respect copyright law and expect our account holders to do the same. You agree not to reverse assemble, reverse engineer, or otherwise attempt to derive the source code or the underlying ideas, algorithms, or structure from our content.
Choice of Law
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of Texas, and that any action arising out of this Agreement shall be litigated and enforced under the laws of Texas. In addition, you agree to submit to the jurisdiction of the courts of Texas, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Texas.
This Agreement represents the entire understanding between you and us regarding your relationship to Black Writers Collective and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS USER AGREEMENT, please click the “Continue” button present at the registration page. If you do not agree to the terms of the User Agreement, you may not proceed any further with the registration process.