Terms of Use Agreement

This terms of use agreement (“Agreement”), read together with our Privacy Policy, is between Brink Literacy Project, a Colorado nonprofit (“Brink” or “we”) and the person or entity (“you”) (collectively “Parties,” and individually, “Party”) that has decided to access our content; our products; any websites or apps associated with us; any of our features, products, graphics, text, images, photos, audio, video, location data, computer code, or any other forms of data and communications; and, use any of our services (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 here and incorporated by reference herein, do not access or use the Content.

We may update these terms of in our discretion at any time. For those visiting our website, you are responsible for reviewing any new terms and, if you do not accept them, refraining from using our website or accessing our Content. For those making purchases from us, you must accept those new terms to make such purchases.

I. Description of the Company

Brink Literacy Project is a Colorado nonprofit that: operates literacy, literature, and behavioral health 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 and curriculum text that collects writing, artwork, and graphic novels from new and established creatives including students from our own education programs.

II. Your Use of the Content

A. User Representations and Eligibility to Use Content

By registering and using the Content, you represent and warrant that you: (i) have the authority and capacity to enter this Agreement; (ii) are 18 years or older, or are accessing the Content with the express permission and involvement of your adult parent or guardian; (iii) are not precluded or restricted in anyway by any laws from using the Content; and, (iv) are 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, you agree to timely updates of any information it provides to us 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. You are 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. You may not use the Content in connection with any commercial endeavors outside of this Agreement. We reserve 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 of Company Materials

You agree that the Content contains proprietary information and material that we own and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws. Our ownership extends to all Content, features, and functionality on the website or app, and to our 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 our authorized agent. 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 our intellectual property rights or be construed as providing you a license or the ability to use the Content in any context other than as expressly permitted under this Agreement.

E. Prohibited Activities

You shall not engage in the following activities:

1. 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.
2. 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.
3. Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;
4. Use manual or automated software, devices, or other processes to “crawl,” “scrape,” “spider,” bypass any “captcha” or similar to access any portion of the Services or obtain data offered as part of the Services.
5. Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Content.
6. Solicit passwords or personal identifying information for commercial or unlawful purposes from others or disseminate another person's personal information without that person's permission.
7. Access another's account without permission of us or that person.
8. Reproduce any portion of the Services in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by our authorized agent.
9. Modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way.
10. Spam any comments section with offers of goods and services, or inappropriate messages.

III. Products

A. Subscriptions

We offer subscriptions to our literary journal, with or without auto-renewal. Our subscriptions are for a specific number of issues of our journal, not a specific length of time (e.g. one year). This means, if you purchase a three-issue subscription, the subscription ends upon you receiving the next three issues of our journal (or, where your subscription begins with receipt of an issue already released, that issue and then the next two issues). If you select the auto-renew option, you will be billed for the next subscription period after your current subscription is fulfilled, at the then-current subscription rate.

B. Third-Party Payment Services

We utilize third-party payment services (currently, Stripe and, in some circumstances, PayPal) to handle payment services. If you have any issue with charges, those issues need to be addressed between you and the third-party payment service. We are not responsible for the payment processing or any related disputes.

C. Shipping Costs

Shipping costs are calculated and due at the time of purchase.

D. New Tariffs and Similar Fees

Our products are manufactured around the world and we have fulfillment centers in various countries. We do not control tariffs or other import fees. Should a country impose tariffs on our products, where possible, we may add the tariff fees to the products at time of purchase. However, for subscriptions, that is not possible for the term of the subscription. Should a substantial tariff or similar fee be imposed on our journals, for example, it could make printing or importing those journals cost prohibitive. In such a situation, we reserve the right to delay delivery of the journal or other product, or fulfill the subscription by providing an electronic journal. We really appreciate your understanding in this unique situation that is completely out of our control.

E. All Sales Final; Replacement for Damaged Goods

All sales are final. Where a product arrives to you damaged (from shipping or a printing error), we will refund or replace the product, in our discretion, subject to the requirements here. You must contact us within 15 calendar days of the date of purchase. We may request from you a photograph or similar evidence to identify the damage to both the product and the shipping package. We may also request that you return the product to us as part of that return. Where only part of a product is damaged (for example, where a card of a tarot deck is damaged), we replace only the damaged portion of the product. You must contact us to initiate the refund or replacement process.

Where a damage or delivery issue stems from your conduct (as examples, you provided the wrong delivery address, you were not home to receive the delivery and it was stolen, or you left the delivery outside and it suffered weather damage), the delivery will not be eligible for a refund or replacement.

IV. Disclaimers, Waivers, and Indemnification

A. Appropriateness of Content

We publish the work of authors, artists, and other creatives that some individuals may find shocking, difficult, or troubling. If you do not wish to access the Content, you are solely responsible for avoiding doing so, or for ceasing access if you do not wish to continue viewing. By accessing the Content, you here waive any claim against us (including our officers, agents, and creatives) based upon the nature of the Content.

B. No Guarantees, Endorsements, or Investigation

We do not provide any guarantees or endorsements of any third party or other user, or their content or links, provided through the Content. We do not investigate or otherwise review any user or third party or their content. You accept all risks associated with any third party, and its content, links, or related information. You agree not to hold us 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, we make no warranty that access to the Content will be uninterrupted, secure, complete, error free, or meet your particular requirements; or that it will be or continue to be compatible with any other service or program.

D. Waiver of Liability

You waive any liability of or claims against us for any injuries or damages (including compensatory, punitive, special, or consequential damages) you sustain as a result of or associated with using the Content. You waive any claim or liability stemming from our negligence. You also waive any liability of us based upon the negligence, recklessness, intentional acts, or accidental conduct of yourself, other users, or any third party. You understand that we do not control or investigate users or third parties.

E. Scope of Waiver

You understand and agree 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 we are subject to a complaint, demand, mediation, arbitration, litigation, or other pursuit based upon your conduct relating to or from use of the Content, you agree to indemnify us and hold us harmless for all costs, expenses, and fees (including attorneys' fees by the attorneys of our choice) we expend in defending ourselves against or otherwise addressing such pursuit. Such conduct or use includes, but is not limited to, your violation of this Agreement; your use of the Content; your interactions with other users, individuals, or entities; your use of intellectual property on or through the Content; and any such actions performed by an agent, entity, or representative on your behalf. You agree to indemnify us as soon as we incur 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

You neither possess nor retain any ownership of or rights to the Content generated by us. Upon termination, you have 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. You may similarly cancel your account at any time by contacting us.

C. Survival

After termination, we retain 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. We will respond to all requests as quickly as possible and to the best of our ability.

B. Successors and Assignees

We may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of our ownership or assets. In the case of our rebranding or changing our name, the Agreement will remain with us under the new brand or name. You may not assign this Agreement without our express written permission.

You agree that any waiver or protections afforded to us are also provided to our affiliates, directors, officers, principals, employees, contractors, agents, and successors in their roles and relationships with us. You also acknowledge that all waivers and agreements bind not only you, 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. You may not under any circumstances commence or maintain against us 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 you and us, and supersedes all prior agreements, representations, and understandings, oral or written, between the Parties.