Terms of Service
Last Modified: May 3, 2016
Welcome to www.TerryMcMillan.com (the “Website”), operated by Free At Last, Inc. (“Operator”, “we”, “our”, or “us”). The Website enables visitors to the Website (“you”, or “your”) to learn about Terry McMillan and her creative works, and submit your comments to us. These Terms of Service (the “Agreement”) sets forth the terms and conditions which govern your use of the Website.
Please read this Agreement carefully before accessing the Website. By accessing the Website, you acknowledge and agree that you are not a minor in your state of residence, and agree to be bound by the terms and conditions set forth in this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to use this Website.
Operator reserves the right to modify this Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by listing a new date under “Last Modified” appearing above. In addition, when using the Website, you agree to abide by any applicable posted guidelines or terms, which may change from time to time. Should you object to any term or condition of the Agreement, or any guidelines, or any subsequent modifications thereto or become dissatisfied with us or the Website in any way, your only recourse is to immediately discontinue use of the Website.
2.1 Submissions; Monitoring. The Website enables you to submit your comments and suggestions and other information to us (“Submissions”). We respect your ownership of and responsibility for the Submissions you wish to share. You acknowledge and agree that Operator does not and shall not have any obligation to review Submissions, and you agree that we do not have any obligation to use or respond to any Submission; however, Operator reserves the right to itself or through a third party, to delete, screen or edit any Submissions posted, stored or uploaded through or in connection with the Website at any time and for any reason without notice. Without limiting the foregoing, we may remove any Submissions for any reason including content that in the sole judgment of Operator violates the Agreement, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Operator does not endorse any Submissions and takes no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto. By submitting a Submission, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not violate this Agreement or infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is and will not be defamatory or libelous.
2.2 Grant of License to Submissions. By submitting Submissions, you grant, and represent and warrant that you have the right to grant, to Operator, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No Submissions shall impose any obligation on Operator, whether of attribution or otherwise, and Operator shall not be liable for any use or disclosure of any such Submissions.
2.3 Limitations. In connection with your use of the Website, you will not, and will not allow any third party to:
Post or link to any material that contains :
Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Website; Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Website or any content contained therein; Use the Website in any manner that could damage, disable, overburden, or impair the Website, Operator, the applicable social networking site, or any other person or entity; or
Collect any information (including usernames and/or email addresses) about other users of the Website; create or transmit unwanted electronic communications to other users of the Website; or otherwise interfere with such users’ enjoyment of the Website.
Unless otherwise expressly authorized in this Agreement or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Website.
3.1 All materials on the Website, including, without limitation, text, graphics, logos, audio clips, data compilations, posts, listings, images, videos, illustrations (collectively, the “Content”) are protected by copyright or other intellectual property laws and owned or controlled by us or our licensors. The compilation of all Content on the Website is our exclusive property and is protected by copyright law.
3.2 The appearance of or reference to any party in any Content on the Website does not suggest such party’s authorization, approval, or endorsement of Operator, the Website, Terry McMillan or any other party.
3.3 Except as expressly provided in the “Limited License” section above, your use of and access to the Website does not grant you any license or right to use any of our trademarks, trade names or copyrights.
5.1 YOU ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPERATOR OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
5.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, OPERATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, OPERATOR DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
10.1 New York Arbitration. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its conflict of laws principles.Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).
10.2 No Class Actions. You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Kristine L. Bell
1936 Garvin Ave. Richmond, CA 94801 USA
If you believe that content that you or a third party owns has been used via the Website in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information: