TERMS OF SERVICE

Welcome to the Melananted39 platform, which is owned and operated by Melanated39. By accessing or using the Melanated39 Platform, including creating your Melananted39 account, comments and messages, or to access and view Melanated39 content or other user content you confirm that you unconditionally accept these Terms and that you agree to fully comply with them. (“Melanated39” “we” or “us”). If you don’t agree to any of these terms, you can’t use the Melanated39 Services.

The Platform may contain links or embedded material to third-party content, which Melanated39 has not reviewed, including, without limitation, other websites and third-party services, for the convenience of visitors, advertising purposes, or for other similar functions related to Melanated39’s business. Melanated39 linking or embedding to third party content does not imply an advertisement or endorsement of any good, service, product, or otherwise, provided by such third party. Melanated39 is not responsible for any third-party content linked or embedded to or from the Platform and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any information found on any third party website, or the quality of products of services provided by or advertised on such third-party website.

Melanated39 may add to, change, or remove any part of this Terms of Use at any time, without notice. Any changes to this Terms of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

Melanated39 may add, change, discontinue, remove, or suspend any other Content posted on this Site, including Works described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Eligibility

Article I

You must be at least 13 years of age to use the Platform. By agreeing to these Terms, you represent and warrant to us that:

I. You are at least 13 years of age.

Registration & Accounts

Article II

To use certain features of the Platform, you are required to register for a Melanated39 account (an “Account”). You agree that all information that you submit during the account signup process, or additional information you submit to your account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date.

Your account is unique and personal to you. You’re responsible for all the activity on your account, for keeping your password confidential, for maintaining the security of your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. If you share your account information with anyone we will not have any liability to you (or anyone you share your account information with) as a result of your or their actions under those circumstances.

We reserve the right to disable, suspend, or terminate your Account, at any time, for any reason in our discretion, especially when you fail to comply with any provision of these Terms.

Content Guidelines

Article III

We reserve all rights in the Sites’ and the Services’ look and feel, and in our content. You will not copy or adapt any portion of our code or visual design elements (including logos), you will not use our logo or trademarks in any way that might suggest Melanated39 endorses a particular product or service, or you have a business relationship with Melanated39, you will not alter or change our logo in any way, you will not copyright any story on any Melanated39 platform without written permission from Melanated39 or as set out in this clause.

You should not, in whole or part.

  1. Infringe, violate, or misappropriate Melanated39 or any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  2. Slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.

Code Of Conduct

Article IV

Melanated39 has a goal of creating a safe space for people of African Descent. In order to create an inclusive and respectful space, we want to ensure our Melanated39 readers know what type of content they will discover as well as content they can or cannot post.

You’re responsible for the content you post, and it’s important that you respect and protect your fellow Melanated39 reader/author’s feelings, property, and personal information.

Racist, hateful, and disrespectful comments will not be tolerated. You shouldn’t post anything you might regret in the future, or that you do not want your peers, family, employer, or teachers to see online.

Media containing genitalia, sexual acts, self-harm, suicide, hate groups, images of people posted with their consent, and any other media that Melanated39 deems unfit will be removed.

Comments found to be in violation of any of the above may subject you to the termination or suspension of your Account or the immediate removal of the Comments from the Platform, without notice to you, in our sole discretion.

 

Payment Terms

Article V

Access to the Platform, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable.

Melanated39 reserves the right to determine pricing for the Service. Melanated39 will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information.

Melanated39 will charge the payment method you specify at the time of purchase. You authorize Melanated39 to charge to that payment method all sums for orders that you make and any level of Service you select as described in these Terms or published by the Company.

All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may calculate taxes payable by you based on the information that you provide us via your Account or at the time of purchase.

 

Disclaimers

Article VI

The Platform is made available “as is”, “as available”, and “with all faults” for the stated purposes herein. Use of the Platform is entirely at your own risk and you should use your best judgment and exercise caution while using the Platform.

Melanated39 makes no guarantee that your use of the Platform, and all other features or functionalities associated with the Platform, or delivery or display of the Platform, will be available, uninterrupted, interference-free, error-free, or be free from any viruses, worms, or other security intrusions. You understand and agree that you use the Platform, and use, access, download, or otherwise obtain materials or content through the Platform and any associated sites or Platforms, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use of the Platform or the download or use of that material or content.

Melanated39 does not guarantee the availability, delivery, performance, pricing, or punctuality of any Works or other Intellectual Property appearing on the Platform. Without limitation, this includes making no guarantee that any future Episodes of a Work are posted by a writer or publisher in a timely manner, that Works will remain available on the Platform, or the pricing of Works or Services.

Melanated39 assume no responsibility for the deletion or failure to store any comments or other information submitted by you to the Platform, and we expressly do not promise to store or keep any comments that you have submitted to the Platform. You are solely responsible for saving backup copies of any Comments that you upload to the Platform.

You understand and agree that Melanated39 is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of The Universe/Source, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labour difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.

 

Limitation Of Liability

Article VII

Notwithstanding anything to the contrary contained herein, Melanated39 shall not be liable to you for any direct, indirect, special, incidental, consequential,

exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Melanated39 has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes.

If you are dissatisfied with the Platform, or with any of these Terms, or feel Melanated39 has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform. This limitation of liability is part of the basis of the bargain between us.

Notwithstanding anything to the contrary herein, if any part of this limitation of liability is found to be invalid or unenforceable for any reason, Melanated39’s agreement liability arising out of breach of this Terms and/or your use of the Platform will not exceed, in the agreed amount for all claims, one hundred dollars ($100.00 USD).

 

Indemnification

Article VIII

You are responsible for your use of the Platform, and you will defend and indemnify Melanated39 and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Melanated39 Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

  1. Your access to, use of, or alleged use of, the Platform.
  2. Your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation.
  3. Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right.
  4. Any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

 

Choice Of Law and Dispute Resolution

Article IX

Melanated39 reserves the right to take over the exclusive defence of Claims for which Melanated39 is entitled to indemnification, and in such event, you shall provide prompt and reasonable cooperation to Melanated39 at your own expense.

We at Melanated39 encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, you consent and agree that the Terms will be exclusively governed and interpreted by the laws of Jamaica.

You agree that any dispute or claim arising out of or in connection with these Terms of Service will take place in the courts of Jamaica.

You can contact us at ContactMelanated39@gmail.com