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Welcome to Tealovers, a social media company that gives authors and artists a platform to express themselves and share their thoughts and perspectives.
This is our Online Submission and Publishing Agreement, a legally binding agreement between you and Tealovers Media Group, Inc. dba Tealovers, which sets forth the terms and conditions under which you may submit and publish material using our services. Those services may include our website, our mobile app and any other services we provide to give you feedback or to help you to reach your audience. Read this agreement carefully before you use any of our services. If you have any questions feel free to send us a note at firstname.lastname@example.org.
By using our website and services, and submitting material for publication, you will agree to be bound by this agreement and all the terms in it. If you don’t agree, then you may not use our site or other services.
You can submit material to us only if you are 13 years or older and are not violating any law by submitting material to, or publishing material with, our services.
Any material that you submit and publish with our services stays yours, and nothing in this agreement restricts your ability to use your own material so long as it is consistent with the permissions you give us. You agree and promise us that any material you submit or publish shall be entirely your own independent work and creative material (subject to some fair use of materials), shall not violate any laws or any rights of others, shall reflect good judgment in light of the audience, and shall reflect high standards of professionalism and effort. You understand and agree that in its sole discretion Tealovers may decline to allow you to publish some or even any material through its services and that Tealovers may decide to remove or disable access to any material that you publish through its services. You agree that you submit material to Tealovers for publication having no expectation of, or entitlement to, monetary compensation of any kind, direct or indirect, relating to any exploitation or use of the material or any of Tealovers’s products or services. You’re welcome to submit and publish articles that you’ve published elsewhere, as long as you have the rights you need to do so. By submitting and publishing material, you represent and warrant that doing so doesn’t conflict with any other agreement you’ve entered into with anyone else.
By submitting and publishing your material on our services, you grant to Tealovers a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, (a) to use, reproduce, prepare derivative works based on, distribute copies of, publicly display and publicly perform the material you submit and publish through our services and any future services we may offer or conduct, including for commercial, advertising and promotional purposes relating to our services, and (b) to use your name, image or likeness so that we can identify you as the source of the material and advertise, market, and promote our services.
You agree that we retain all rights in our services, including intellectual property rights. You agree not to copy or adapt any portion of our code or visual design elements (including logos) without our permission. You may not do, or try to do, the following: (a) access or tamper with non-public areas of our services, our computer systems, or the systems of our technical providers; (b) access or search our services by any means other than the currently available, published interfaces that we provide; (c) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our services to send altered, deceptive, or false source-identifying information; or (d) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing our services, or by scripting the creation of material or user accounts in such a manner as to interfere with or create an undue burden on our services. You agree not to crawl our services unless you do it in accordance with the provisions of our robots.txt file, but scraping the services or any material on them is prohibited.
You Stand Behind Your Material You’re responsible for your material that you publish by using our services. This means you agree to assume all risks related to the material, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. Accordingly, you agree that will defend, indemnify, and hold us harmless from and against all third party claims, demands, or liability of any sort arising out of or relating to your material.
Tealovers respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances any account holders and subscribers users who are established to be repeat infringers. Please see Tealovers’s Copyright Policy at https://www.tealovers.com/copyright-policy, for further information. If you believe that anyone has violated your copyright rights through use of our services, you may send us a notification of claimed infringement at email@example.com.
We can change the terms of this agreement at any time by posting the new terms our website or through other communications. It’s important that you review the changed terms because your continued use of our services after we’ve announced and posted our changes indicates that you agree to be bound by the new terms. If you don’t agree to the new terms, you may not use the services any more, although whatever material you published through our services will continue to be subject to the terms that applied when you published it. We try to improve our services and we may modify or discontinue any service and any feature at any time at our sole discretion.
You agree that, to maintain the quality of the service we desire, we may remove or disable access to any material and suspend or terminate access to the services at any time and for any reason. You may stop using the services anytime. The provisions relating to ownership of your materials, indemnity, termination, disclaimers, limitations of liability, dispute resolution and general terms survive any termination or cancellation of services.
TEALOVERS PROVIDES YOU WITH SERVICES. YOU AGREE THAT YOU USE THEM AT YOUR OWN RISK AND DISCRETION. THAT MEANS THAT TEALOVERS MAKES NO WARRANTY, EXPRESS OR IMPLIED. IN PARTICULAR, TEALOVERS MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT.
YOU AGREE THAT TEALOVERS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT ARISE FROM YOUR USING THE SERVICES OR FROM ANY HARM RELATING TO THE SERVICES. THIS INCLUDES IF THE SERVICES ARE HACKED OR UNAVAILABLE. THIS LIMITATION APPLIES TO ALL OF TYPES OF DAMAGES (INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY). AND TO ALL KINDS OF LEGAL CLAIMS, SUCH AS BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR ANY OTHER LOSS OR HARM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You and we agree that you are acting solely on your own behalf and that we are merely providing services to you to help you express yourself and find an audience. You agree that there is no employment or agency relationship between us.
This agreement is are governed by California law without regard to its conflict of laws provisions.
You and Tealovers agree to resolve any claims relating to this agreement or the services through final and binding arbitration, except as set forth below. You can decline this agreement to arbitrate by emailing firstname.lastname@example.org and submitting the opt-out form within 30 days of first accepting this agreement. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Indianapolis, Indiana, or any other location to which we agree. The AAA rules will govern payment of all arbitration fees. Tealovers will pay all arbitration fees for claims less than $75,000. Tealovers will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Either you or Tealovers may assert claims, if they qualify, in small claims court in Indianapolis, Indiana or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the services, or intellectual property infringement (for example, trademark, trade secret, or copyright rights) without first engaging in arbitration. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Tealovers agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Indianapolis, Indiana. Both you and Tealovers consent to venue and personal jurisdiction there.
If Tealovers doesn’t exercise a particular right under this agreement, that doesn’t waive the right. This agreement is the whole agreement between Tealovers and you concerning the services. If any provision of this agreement is found invalid by an arbitrator or a court, you agree that the arbitrator or court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of this agreement will remain in full effect. We may freely assign this agreement but you may not assign this agreement without our consent.