Last Modified: March 30, 2021
“Related Persons and Organizations,” in reference to GRAACTF/MBEI, means our members, affiliates, licensors, and service providers, and our and their respective members, owners, directors, officers, employees, contractors, agents, advisors, representatives, successors, and assigns, as applicable in each case.
“We,” “us,” and “our” (whether or not capitalized) refer to GRAACTF/MBEI.
“Website” means https://grup.community and all its content, features, functions, services, software, and source code.
Changes to these Terms. We may update these Terms from time to time in our sole discretion. All changes are effective upon posting. Your continued use of the Website following the posting of updated Terms means that you agree to and accept the changes.
Changes to the Website. We may update or delete Website content at any time in our sole discretion without notice, but we are under no obligation to do so. We may alter or disable any feature or function of the Website at any time in our sole discretion without notice.
Right to Terminate. We reserve the right to take down the Website or any portion of it, or to suspend or terminate your access to the Website, at any time without notice in our sole discretion.
5. Prohibited Uses
No Unlawful Use. You may not to use the Website in any way that: (a) is in breach of these Terms; (b) violates applicable law or regulations; or (c) in our opinion, would harm GRAACTF/MBEI or users of the Website or expose GRAACTF/MBEI to liability.
No Interference. You may not directly or indirectly: (a) attempt to interfere with the proper working of the Website; (b) interfere with anyone else’s use of the Website; (c) introduce any virus, Trojan horse, worm, logic bomb, or other harmful code; (d) attempt to gain unauthorized access to the Website; or (e) carry out or attempt a denial-of-service attack or other cyberattack on the Website.
Consequences of Breach. If you breach these Terms, your right to use the Website is automatically revoked, and we reserve the right to pursue any and all remedies available at law, in equity, or hereunder. You acknowledge that our remedies for breach are cumulative, not exclusive.
6. Intellectual Property Rights
Ownership. The Website and all intellectual-property rights therein are owned by us or our Related Persons and Organizations and are protected under United States and foreign law, including copyright and trademark laws. All rights not expressly granted hereunder are reserved. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Website or any part of it without our express written consent, which may be requested by email to firstname.lastname@example.org.
Trademarks. The terms “Grand Rapids African American Community Task Force,” “GRAACTF,” “GRassrootsUP,” “GRUP,” “Equity Stories,” “EQ Stories,” and “Michigan Black Expo” and related logos, names, designs, and slogans (collectively, our “Trademarks”) are trademarks of Grand Rapids African American Community Task Force, Michigan Black Expo, Inc., or GRAACTF/MBEI. All other logos, names, designs, and slogans on the Website are the trademarks of their respective owners. You must not remove or alter any copyright notice, trademark notice, or other proprietary-rights notice on the Website or any part of it.
7. Third-Party Content
The Website contains may content provided by third parties, such as personal narratives, stories, articles, and commentary. Opinions and statements set forth in third-party content are solely those of the author and do not necessarily reflect the opinions or factual understandings of GRAACTF/MBEI. You acknowledge that we are not responsible or liable for content provided by third parties.
8. User Contributions
Prerequisites and Procedures. We may from time to time, at our sole discretion, permit or solicit submissions of user content such as, but not limited to, narratives, stories, articles, commentary, art, photography, videography, poetry, and spoken word (each, a “User Contribution”). User Contributions must be original literary or artistic works owned by the submitter. The method and manner of submission must comply with the corresponding call for submissions. If we publish a User Contribution, we will identify the author (unless otherwise requested upon submission) by the author’s first name, first initial of last name, city, and state. Submissions may be made anonymously so long as an email address is provided. If a work is submitted anonymously and we elect to publish it, we will do so using “Anonymous” instead of the author’s name; in such case, you acknowledge that your name will not be attached to the published work and that you will not be identified as the creator.
License. By submitting a User Contribution to us, by way of the Website or otherwise, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable license (the “License”) to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, sell, offer for sale, export, create derivative works of, and otherwise use and exploit your User Contribution or any portion thereof, commercially or otherwise, throughout the universe in any way, for any purpose, in any form, by any means now known or later invented, and you waive any moral rights you may have in your User Contribution. In particular, but without limitation, you grant us the right (a) to publish your User Contributions on our Website, other websites, and social media, and in magazines, newspapers, other print media; (b) to publish and distribute your User Contributions under or in connection with our Trademarks; (c) to distribute your User Contributions via email, podcasts, and interviews; and (d) to use exploit your User Contributions commercially on merchandise such as apparel, accessories, and household goods. You acknowledge that the License is granted in exchange only for the opportunity to be considered for publication and without any expectation of compensation.
Your Representations and Warranties. By submitting a User Contribution to us, by way of the Website or otherwise, you represent and warrant that (a) your User Contribution is original; (b) you are the author or the author’s authorized agent; (c) you own or control all exclusive rights in and to your User Contribution, and that you have full authority to grant the License; (d) you have obtained all necessary permissions from any person directly or indirectly identified, shown, depicted, or referenced in or by your User Contribution (and, in the case of minors, also from their parents or legal guardians); (e) your User Contribution does not violate any applicable law or regulation and does not infringe the legal rights of any third party, including any copyright, trademark, or right of publicity or privacy; and (f) your User Contribution does not contain any material that creates civil or criminal liability for any person. If your User Contribution does not satisfy each of the preceding representations and warranties, do not submit it to us.
Our Editorial Rights. We are not obligated to publish or take any other action with respect to a User Contribution. GRAACTF/MBEI’s decision to publish, award a prize to, or otherwise recognize a User Contribution is not an endorsement of any statement or opinion set forth in the User Contribution. You acknowledge that we and our designated agents have the right, in our and their sole discretion, to review, refuse, edit, abridge, or delete your User Contribution and to restrict or terminate access to your User Contribution at any time without notice, for any reason or no reason.
Your Responsibility for Content. While we undertake to review Contributions before publication, we cannot ensure and do not warrant that User Contributions are accurate or lawful. We assume no responsibility or liability for any User Contribution. You acknowledge that you, and not GRAACTF/MBEI, bear full responsibility for your User Contributions, including as to their accuracy and legality. You will indemnify, defend, and hold GRAACTF/MBEI and its Related Persons and Organizations harmless from and against all third-party claims, losses, costs, and expenses (including reasonable attorneys’ fees) in connection with your User Contributions and any other act or omission by you.
Our Legal Recourse. You acknowledge that we have the right to take any legal action we deem appropriate in our sole discretion if we believe that a User Contribution (a) violates applicable law or regulations, (b) infringes the rights of any third party, (c) contains material that could give rise to civil or criminal liability, (d) threatens the safety of any individual or the public, or (e) is in breach of these Terms. In such instances, you acknowledge that we have the right to disclose your identity and other information about you to law enforcement, courts, and to any third party who claims that your User Contribution violates his, her, or its rights. YOU HEREBY WAIVE ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY GRAACTF/MBEI OR ITS RELATED PERSONS OR ORGANIZATIONS IN CONNECTION WITH ANY INVESTIGATIONS OR LEGAL PROCEEDINGS.
We may from time to time, in our sole discretion, conduct writing competitions. Unless otherwise stated in the announcement of the competition, the rules are as follows: You may enter by submitting a User Contribution in the method and manner specified in the announcement. No purchase is necessary. You are limited to 1 entry per month. If your submission is anonymous or in a language other than English, you are not eligible to win. By entering, you agree to these Terms. We may, in our sole discretion, offer prizes, which may consist of money, in whole or in part. We may select one or more winners, in our sole, subjective opinion, and we reserve the right not to select a winner. You must be 18 or older to win. We will notify winners by email. If a prize was offered, the winner will have 7 days to claim the prize by the method specified in the notification. If you win, you agree to assist us in promoting your winning User Contribution by such means as we may reasonably request, such as social media, web postings, and print publications. If you win a prize that includes money, you agree to accept payment by PayPal or check.
10. Information About You and Your Visits to the Website
11. Purchases and Donations
Purchases and donations made through the Website are final and nonrefundable. Additional terms may apply.
Links to the Website. You may link to the Website, provided that doing so does not: (a) damage or take unfair advantage of our reputation; (b) suggest approval or endorsement by us or suggest any association with us without our express written consent; or (c) cause the Website or any portion of it to appear to be part of another website, such as by framing, deep linking, or in-line linking.
Links on the Website. The Website may contain links to other websites or resources provided by third parties; such links are for your convenience only. We have no control over third-party websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to on the Website, you do so entirely at your own risk.
13. Geographic Restrictions
GRAACTF/MBEI is based in Michigan, U.S.A. We make no claim that the Website or its content are appropriate in other jurisdictions. If you access the Website from outside Michigan, you are responsible for complying with applicable law and regulations. If accessing or using the Website would be unlawful in your location, you must not do so.
14. Disclaimer of Warranties
THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. NEITHER GRAACTF/MBEI NOR ITS RELATED PERSONS AND ORGANIZATIONS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SECURITY, RELIABILITY, QUALITY, ACCURACY, COMPLETENESS, OR AVAILABILITY. WITHOUT LIMITING THE FOREGOING, NEITHER GRAACTF/MBEI NOR ITS RELATED PERSONS AND ORGANIZATIONS REPRESENTS OR WARRANTS (a) THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (b) THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, (c) THAT THE WEBSITE OR THE SERVER THAT HOSTS IT ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS, OR (d) THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, GRAACTF/MBEI HEREBY DISCLAIMS ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
15. Limitation of Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, GRAACTF/MBEI AND ITS RELATED PERSONS AND ORGANIZATIONS ARE NOT LIABLE FOR DAMAGES OF ANY KIND (REGARDLESS OF LEGAL THEORY) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, INCLUDING (a) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, (b) DAMAGES BASED ON PERSONAL INJURY, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, OR (c) DAMAGES BASED ON LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS, LOSS SAVING, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND EVEN IF THE HARM WAS FORESEEABLE. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
16. Time Limit to File Claims
ANY LEGAL SUIT, ACTION, OR PROCEEDING BASED ON OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You will indemnify, defend, and hold GRAACTF/MBEI and its Related Persons and Organizations harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your actions or omissions, including your User Contributions, any breach of these Terms, and any violation of applicable law or regulations.
18. Copyright Policy
Notification. If you believe any materials on the Website infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S. Code § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the written notice is accurate; and (f) a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is:
323 Division Ave S, Grand Rapids, MI 49503
Consequences of Noncompliant Notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above in conformance with Section 512(g)(3) of the DMCA. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. If you knowingly materially misrepresent that material on the Website was removed or disabled by mistake or misidentification, you are liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Consequences of Infringement. It is our policy in appropriate circumstances to block users who are repeat infringers. In the event of infringement, we reserve the right to pursue any and all remedies available at law, in equity, or hereunder, and you acknowledge that our remedies for infringement are cumulative, not exclusive.
19. General Terms
Entire Agreement. These Terms constitute the sole and entire agreement between you and us regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Interpretation. The conjunction “or” is not exclusive. The term “any” implies “all” and vice-versa to achieve the broadest-possible interpretation. The verb “include” in any form is deemed to be followed by the words “without limitation” to achieve the broadest-possible interpretation. The terms “hereby,” “hereof,” “hereunder,” and the like refer to these Terms.
Governing Law and Jurisdiction. All matters relating to these Terms or the Website (including all disputes or claims, whether contractual and noncontractual in nature) shall be governed by the internal laws of the State of Michigan without giving effect to any choice- or conflict-of-law provision or rule, whether of the State of Michigan or any other jurisdiction. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located, in each case, in Kent County, Michigan, and you hereby consent to personal jurisdiction in such courts and waive any objection regarding venue.
Waiver. No waiver of any provision of these Terms is valid unless in writing and signed by the party against whom the waiver is sought to be enforced. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision. A failure or delay in exercising any right or remedy hereunder does not constitute a waiver of such right or remedy.
Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be removed or limited in effect, but only to the extent needed to cure the defect. All remaining provisions of these Terms will continue in full force and effect.
20. Comments or Questions
The Website is operated by GRAACTF/MBEI. Comments or questions about the Website may be sent to email@example.com.