Terms of Service

Terms of Service

www.TerryMcMillan.com

Last Modified: February 20, 2020

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.

  1. Limited License. We grant you a limited license to access and make personal use of the Website, but not modify any portion of the Website, except as specifically authorized on the Website or otherwise with our express written consent. This license does not include (i) any resale or commercial use of the Website, or the contents of the Website; (ii) any derivative use of the Website and/or its respective contents; or (iii) any use of data mining, robots, or similar data gathering and extraction services. The Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

  2. Submissions.

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 :

  • Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;

  • Obscene, defamatory, libelous, slanderous and/or unlawful content;

  • Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;

  • Inflammatory religious content;

  • Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or

  • Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.

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.

  1. Ownership/Intellectual Property.

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.  

  1. Hyperlinks. Operator and/or third parties may provide hyperlinks to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

  2. DISCLAIMER OF WARRANTIES.

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.

  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL OPERATOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.  OPERATOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE WEBSITE. IN NO EVENT SHALL OPERATOR, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM  (I)  PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE WEBSITE OR, (VI)  OTHERWISE RESULTING FORM THE USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $5.00.

  2. Indemnification. You agree to indemnify, defend and hold Operator harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Operator be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold Operator harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission.

  3. Commercial Use. You acknowledge and agree that the Website is for your personal use only and may not be used by you directly or indirectly in connection with any commercial endeavors.

  4. Privacy. Operator is committed to safeguarding your privacy. Please refer to our Privacy Policy available at http://www.TerryMcMillan.com/view/privacypolicy.

  5. Governing Law; Venue.

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.

  1. 11. Digital Millennium Copyright Act (“DMCA”) Notice.  We are committed to complying with U.S. copyright and related laws, and we require all users of the Website to comply with these laws.  Accordingly, you may not disseminate any material or content using the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Website if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.  Our designated agent (e., the proper party) to whom you should address such notice can be reached at:

Kristine L. Bell

1936 Garvin Ave. Richmond, CA 94801 USA

fluffy[at]byfridaymedia.com

1-415-295-7530

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:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;

  • A description of where the material that you claim is infringing is located;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

  1. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be assigned by Operator, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

  2. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at fluffy[at]byfridaymedia.com