TERMS & CONDITIONS
In general, KWELI uses information it obtains from you in order to communicate with you about KWELI events and activities, and to communicate with you about subscriptions, applications to our conference and/or submissions to KWELI (as applicable). We also use information about the writers and artists whose work we publish to promote KWELI. Each writer and artist whose work we publish agrees that KWELI shall be permitted to use his or her name, biographical information, and likeness to promote KWELI and its activities. Occasionally, KWELI may also send you information about events and services provided by third parties that we think may be of interest to you.
To help deliver KWELI’s services, KWELI sometimes uses third party service providers and vendors (“Outside Contractors”). KWELI may share your information with these Outside Contractors as necessary for those providers to provide the services in question. Access to your personally identifiable information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited functions for us.
Last updated: February 21, 2017
TERMS AND CONDITIONS
BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS (“TERMS”) BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT USE THIS WEBSITE.
GENERAL USE RESTRICTIONS
Kweli Journal, Inc., or third parties granting rights to Kweli Journal, Inc., holds all right, title and interest in and to the information and content on this website (“Website”). These materials, including, but not limited to, (i) the company names, trade names, logos and designs (“Trademarks”) owned by Kweli Journal, Inc. (including KWELI magazine); (ii) other trademarks appearing on the Website; and (iii) text, art and audio content, are protected by copyright, trademark and other intellectual property laws.
Except as expressly authorized herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the content on this Website in any manner. You are expressly prohibited from using any Trademarks, except as provided in these Terms, and nothing otherwise stated or implied on the Website confers on you any license or right to do so.
Unauthorized use of this Website or misuse of any content posted on this Website is strictly prohibited. Unauthorized use of any Trademarks is prohibited under the trademark laws of the United States and other countries. The limited permission granted by these Terms and Conditions terminates automatically, without notice to you, if you breach any of these Terms.
Kweli Journal, Inc. reserves the right to at any time, without notice, and in our sole discretion: (i) edit any comments you provide to the Website in response to a blog posting (“Comments”); (ii) not include any such Comment on the Website; (iii) remove some or all of any such Comment from the Website and from any other form of media; and (iv) terminate your ability to post Comments to the Website.
Your Comments may not include any material that (a) defames, threatens, harasses, abuses or slanders any person; (b) invades or infringes any person’s rights of privacy or publicity; (c) violates copyrights or other intellectual property rights or that is otherwise unlawful; (d) is sexually explicit or obscene; (e) constitutes advertisements; or (f) solicits business.
When you provide a Comment to the Website, you agree to accept sole responsibility for, and assume all liability (including for claims of infringement, libel and slander) associated with such Comment, including the information, statements, facts, and material contained therein.
By providing a Comment to the Website, you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and freely sublicenseable right and license to use, reproduce, publish, translate, create derivative works from, distribute, and display your Comment anywhere, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed.
THIRD-PARTY INTERACTION AND LINKS TO THIRD-PARTY WEBSITES
Opinions and other statements expressed by contributors are theirs alone and not opinions of Kweli Journal, Inc. Content created by any contributor is the sole responsibility of the contributor and Kweli Journal, Inc. does not guarantee its accuracy and completeness.
If any provision or portion of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the Terms will be severable and will remain in effect to the extent consistent with the intent of the Terms.
DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ANY INFORMATION OR CONTENT CONTAINED IN THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS WEBSITE AND WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN ITS INFORMATION AND CONTENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. CONTRIBUTORS, AND NOT KWELI JOURNAL, INC., ARE SOLELY RESPONSIBLE FOR THE CONTENT THEY CONTRIBUTE TO THE WEBSITE.
WE MAKE NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; OR (iii) DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES ARISING FROM OR CONNECTED WITH THIS WEBSITE OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
You agree to indemnify, hold harmless and, at our option, defend Kweli Journal, Inc. and our officers, directors, employees, agents and representatives from any and all third-party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms, your infringement of any intellectual property or other right of any person or entity, or any Comment you provided to the Website.
The Digital Millennium Copyright Act (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that your copyrighted work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, please notify this Website’s Designated Agent:
Laura Pegram, Kweli Journal, Inc. PO Box 693 New York, NY 10021
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(3)) before sending your claim.
Please do not send any other notices or communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
We may modify these Terms or the information or content on this Website without notice at any time, and such modifications shall be effective immediately upon posting of the modified Terms, information or content on this Website. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of this Website shall be deemed your conclusive acceptance of the modified Terms.
GOVERNING LAW AND CHOICE OF FORUM
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of New York, without giving effect to its principles or rules of conflicts of laws to the extent such principles or rules are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms shall be filed only in the federal court located in the Southern District of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Last updated February 21, 2017