Coffee House Writers Content Submission and Posting Agreement

Welcome to Coffee House Writers, an online publication that gives our writers the platform to express themselves. This is our Online Submission and Publishing Agreement, a legally binding agreement between you and Coffee House Writers (“CHW”), which sets forth the terms and conditions under which you may submit and publish material using our services. Our Terms of Service, a legally binding agreement between you and Coffee House Writers, LLC governing your use of our website located at www.coffeehousewriters.com.

Those services include our website, editing, 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 message at info@coffeehousewriters.com.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE YOU ARE ENTERING INTO THIS LEGALLY BINDING AGREEMENT WITH COFFEE HOUSE WRITERS AND AGREE TO COMPLY WITH ALL OF THE TERMS HEREIN, WHICH INCLUDE THE OBLIGATION TO USE ONLY FOR LAWFUL PURPOSES, THE PRIVACY POLICY AND OTHER GUIDELINES, AND AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE COFFEE HOUSE WRITERS SERVICES.

How to Indicate Your Agreement

By using our website and services, and submitting material for publication, you are agreeing 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.

Who Can Submit Material?

You can submit material to us only if you are 18 years or older and are not violating any law by submitting material to, or publishing material with, our services.

Material on the Services

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, Coffee House Writers may decline to allow you to publish some or even any material through its services and that Coffee House Writers may decide to remove or disable access to any material that you publish through its services.

You agree that you submit material to Coffee House Writers 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 Coffee House Writers’ products or services.

You agree that you cannot submit and publish articles that you have published on other online publishing companies. You can, however, submit and publish articles that you have posted on a personal blog site. By submitting and publishing material, you represent and warrant that doing so doesn’t conflict with our agreement and any other agreement you’ve entered into with any other person or company organization. Coffee House Writers does not claim ownership of any data, information (personal or otherwise) or other materials that you enter through Coffee House Writers’ website, although it does retain the right to edit and alter all work as deemed necessary.

You can use any articles that you have submitted and published on Coffee House Writers in your personal portfolio, whether print or digital, or resume.

Permissions You Give to Coffee House Writers

We respect and value all our writers. We encourage unique perspectives and abilities; however, the publishing industry does have rules that must be maintained. We have high expectations of our writers, and we expect them to follow all Coffee House Writers and industry rules and guidelines. All editors work with writers on an intimate basis, and we value individuality while ensuring integrity of CHW, the writing profession, and industry rules and expectations.

By submitting and publishing your material on our services, you grant to Coffee House Writers 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. When submitting and publishing your material to Coffee House Writers, you are also giving these same rights to it’s affiliate websites who may use, reproduce, prepare derivative works based on, distribute copies of, publicly display and publicly perform the material you submit and publish through our services unless you notify us otherwise.

If for any reason you would like to your information or submission removed from any affiliate website of Coffee House Writers, you must email info@coffeehousewriters.com and request for the submission to be removed. This removal may take up to 7 business days.

Editors on Coffee House Writers

Coffee House Writers is seeking Editors who will have other writers on your team and write under you. Editors will be responsible for managing the team they are assigned, editing weekly submissions and being a liaison between writing staff and Coffee House Writers executive team. Editors will be asked to maintain their roles as writers and contribute two articles a month to Coffee House Writers. To apply to become an Editor, simply agree to these Terms and apply via http://coffeehousewriters.com/apply/ by entering your name, email, phone number, and about your interest.

Writers on Coffee House Writers

Coffee House Writers is seeking Writers who create unique, unpublished content to our website. In order to be a Writer, you must submit two-four articles each month to Coffee House Writers. To apply to become a Writer, simply agree to these Terms and apply via http://coffeehousewriters.com/apply/ by entering your name, email, phone number, and about your interest.

Prizes

Editors and Writers are equally eligible to win the team’s monthly prize. The one writer with the highest views on one article during the duration of one month, beginning at the first of each month, will be notified by email of their winnings.

Any dispute between Coffee House Writers and a Writer or Editor shall be resolved solely by Coffee House Writers. Coffee House Writers is not required to make public its aggregated views tally or any other information regarding its prize decisions.

You Are Agreeing You Are Not An Employee or Representative of Coffee House Writers

Editors and Writers are bound by the terms of this Agreement. Editors and Writers are not employees, agents, or representatives of Coffee House Writers.

Don’t Mistreat Us or Abuse 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.

Except as expressly permitted by these Terms, you may not modify, reproduce, distribute, publish, create derivative works from, publicly display, or otherwise exploit for any purpose the Coffee House Writers services or any content contained therein. You may not remove, alter, or reuse in any manner or for any other purpose any copyright, trademark, patent, or other proprietary notices on content contained within the Coffee House Writers services. All rights not expressly granted to you by these Terms remain the property of Coffee House Writers.

Defamation of Character

Any writer or admin attempting to slander Coffee House Writers and/or the career and/or reputation of any member of this team is illegal, and will result in immediate termination and legal action if deemed necessary.

Privacy Policy

Please email info@coffeehousewriters.com to see our Privacy Policy for information about how we collect, process, manage, use and disclose information from our users.

Indemnity

You Stand Behind Your Material. You are responsible for your actions on Coffee House Writers’ services and material that you publish by using Coffee House Writers’ services. This means you agree to assume all risks related to your actions and any material you provide, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. You further agree to defend, indemnify and hold harmless Coffee House Writers, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, and expenses, including attorney’s fees, arising out of or related to any use by you of the Coffee House Writers services, any breach by you of any provisions of these Terms, or any claim by any third party who suffers any injury in connection with your use of Coffee House Writers or your actions related thereto. Coffee House Writers reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You agree that you will cooperate with Coffee House Writers with respect to such defense and settlement.

Copyright Policy

Coffee House Writers respects the intellectual property rights of others, and requires that the people who use the Coffee House Writers services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The information specified above must be sent to Coffee House Writers’ Designated Agent, whose contact information is as follows:

Coffee House Writers

Attention: Copyright

info@coffeehousewriters.com

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide to Coffee House Writers may be shared with third parties, including the person who provided Coffee House Writers with the allegedly infringing material. Upon receipt of a bona fide infringement notification by the Designated Agent, it is Coffee House Writers’ policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.

Changes to Agreement or Services

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.

Termination of Access

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.

Disclaimers; Limitation of Liability

COFFEE HOUSE WRITERS PROVIDES YOU WITH SERVICES. YOU AGREE THAT YOU USE THEM AT YOUR OWN RISK AND DISCRETION. THAT MEANS THAT COFFEE HOUSE WRITERS MAKES NO WARRANTY, EXPRESS OR IMPLIED. IN PARTICULAR, COFFEE HOUSE WRITERS MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT.

YOU AGREE THAT COFFEE HOUSE WRITERS 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.

International Access

Viewing, Accessing and Use Outside the United States

If and when any products or services referenced on the Site become available, they will become available in the United States and may not become available elsewhere. Coffee House Writers makes no claims that the Site or any products or services referenced therein may be lawfully viewed, accessed or used outside the United States. Access or use of the Site or any products or services referenced therein may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Relationship Between Us

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.

No Waiver

The failure of Coffee House Writers to enforce any provision of these Terms of Service will not be construed as a waiver or limitation of Coffee House Writers’ right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Service.

Assignment

No assignment, delegation or other conveyance of these Terms of Service may be made by you (by operation of law or otherwise) without the prior written consent of Coffee House Writers to be given in its sole discretion. Coffee House Writers may assign its rights and obligations hereunder to any other party.

Statute of Limitations

Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.

Governing Law and Disputes

We will make every reasonable effort to resolve any disagreements that you have with Coffee House Writers. In the event that we cannot resolve our disagreement, New Jersey state law governs these Terms without regard to its conflicts of laws provisions.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND COFFEE HOUSE WRITERS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Agreement.

Entire Agreement; Language of Agreement

These Terms of Service contain the entire agreement between you and Coffee House Writers with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Coffee House Writers with respect to the Site. Any rights not expressly granted herein are reserved. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English.

Last Edited on 2-25-2018