TERMS AND CONDITIONS

Nushu Voices is a curator, editor, and publisher of women’s stories.

Please read these terms and conditions carefully.

Overview:  Nushu Voices, LLC, websites publish Content online including, but not limited to, written stories submitted by identified users. Nushu Voices, LLC, reserve the absolute right to refuse to publish submitted Content on its Websites.  Further, Nushu Voices, LLC, at its sole discretion will determine when to publish any submitted Content.  Nushu Voices may, at its sole discretion, keep and use and publish in any format any submitted content indefinitely.  Nushu Voices, LLC, reserves the right to edit Content for any reason including, but not limited to, grammar, clarity, length, anonymity, and appropriateness.  Although Nushu voices may present edits to the author for approval and comment, it is not required to do so.

By submitting content to Nushu Voices LLC and for the opportunity to possibly have your content published on the website and in return for other good and valuable consideration, you agree to the following terms and conditions.

  1. By uploading and/or sharing in any manner content (“uploading”) to Nushu Voices, LLC, including, but not limited to Websites owned or operated by Nushu Voices, LLC, (“Website” or “Websites”), including but not limited to any written, film, video, audio, photographic or other recording or images (collectively, “Content”), you represent and warrant that:

(a) you are the original author or creator of the Content and/or have full copyright, title and interest in and to any Content,

(b) you have the full power and authority to upload and/or share the Content on the Website and to grant the rights granted by these terms and conditions to Nushu Voices, LLC, that applies to any Content that you upload/share on the Website, which is hereby incorporated by reference,

(c) no other consents, authorizations or payments are necessary to permit Nushu Voices, LLC, and/or other Members’ full use and enjoyment of the rights granted herein,

(d) the use of any element of the Content will not violate or infringe upon the trademarks, trade names, copyrights, patents, rights or privacy or publicity or any other personal or proprietary rights of any person or entity, and shall not defame or libel any person or entity,

(e) you will not publish falsehoods or misrepresentations that could damage Nushu Voices, LLC, or any third party;

(g) you will provide your legal name and current contact information to Nushu Voices, LLC.  Nushu Voices, LLC, however, will honor requests to publish content anonymously or under a pseudonym and may, at its own discretion publish the work anonymously.

(h) your story in material parts is true (unless specifically identified as ‘non-fiction’).  Nushu Voices, LLC, shall have no obligation, however, to verify, investigate, research or otherwise inquire into the accuracy or facts of any Content. You will agree to hold Nushu Voices, LLC, and its agents, employees, officers, and representatives harmless and indemnify them for any claims as a result of submitting fiction or materially false material as true or non-fiction accounts.

  1. Content Ownership & License to Nushu Voices, LLC, websites.

(a)  You retain all ownership rights in the Content that you submit.  However, by submitting, uploading and/or sharing any Content with Nushu Voices, LLC, you grant Nushu Voices, LLC,  an irrevocable, perpetual, worldwide, royalty-free and non-exclusive license to use, edit, reproduce, distribute, broadcast, advertise, promote, publicly display, create derivative works based upon and including, and/or otherwise use, at its option and in its sole discretion, the Content in connection with Nushu Voices, LLC, its websites, advertising or promotion of the websites. Nushu Voices, LLC, other properties, products and services, and/or in connection with other material relating or referring to the Website, in any and all languages, formats and media, now known or later devised.

(b)  You hereby waive and relinquish any right that you may have to inspect, examine or approve any uses of the Content by Nushu Voices, LLC, in connection with Nushu Voices, LLC, Websites, and the advertising or promotion thereof.  You further waive and relinquish any and all claim that you may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of “droit moral” against Nushu Voices LLC with respect to the results and proceeds of the Content and agree that Nushu Voices LLC may combine, alter or modify, without limitation, such work.

(c)  Nushu Voices, LLC, does not endorse any Content that is shared or uploaded or any opinion, recommendation, or advice expressed therein, and Nushu Voices, LLC, expressly disclaims any and all liability in connection with any such Content. If any author violates the rules herein, Nushu Voices, LLC, may in its sole and reasonable discretion, remove the Content submitted by that Member from any Website.  Content that is found to violate the terms and conditions herein or that is being used for non-personal, commercial purposes, including but not limited to links to any third party websites, may be removed without prior notification. If Nushu Voices LLC exercises any such rights, the rights given to Nushu Voices, LLC, to any Content already supplied to Nushu Voices, LLC, shall survive termination.

  1. Name, Likeness, Voice: By uploading/sharing Content on the Website, you grant to Nushu Voices LLC the irrevocable, perpetual, worldwide and royalty-free right to use, print, publish, exhibit, reproduce, distribute, and broadcast Content, in any and all media now or hereafter known.
  2. Third-Party Sites: Nushu Voices, LLC, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Websites, you expressly relieve Nushu Voices, LLC, or its agents of any and all liability arising from your use of any third-party websites linked to the Website. You understand that when using the Websites, you will be exposed to content from a variety of sources, and that Nushu Voices, LLC, is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable and you agree to waive any legal or equitable rights or remedies you have or may have against Nushu Voices, LLC, and further you agree to indemnify and hold Nushu Voices, LLC, its agents, owners/operators, affiliates and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
  3. Automated Systems: You agree not to use or launch any automated system that accesses the website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; including but not limited to, robots, spiders or offline readers. However, Nushu Voices, LLC, may grant operators of public search engines permission to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the Content on the Website, but not caches or archives.
  4. Recordings: Nushu Voices has the right to prepare prepare an audio recording of any submitted Content.  Absent any written agreement in advance, Nushu Voices, LLC, has the right to edit the Content as it would written material as set forth herein.  Further, Nushu Voices, LLC, has the sole right to select the voice artist who will record any such Content.  Nushu Voices, LLC, retains copyright of the audio performance of any Content, although the creator will retain copyright of the written content as set forth in paragraph 1 a and paragraph 2.
  5. Voice Broadcasts: Nushu Voices, LLC, may desire to record submitted written stories for podcast or other audio transmissions.  Nushu Voices, LLC, may agree to solicit or respond to proposals to record Content in an audio format.  Nushu Voices, LLC, may, by separate written agreement set forth additional terms for the recording, use and distribution of oral content. Expect and unless specifically superseded by another written instrument, these terms and conditions shall apply and Nushu Voices, LLC, shall have rights to such audio content in the same manner as written Content set forth herein.
  6. Nushu Voices, LLC, is under no obligation to publish, share or use any Content. Failure to use any Content does not abrogate any rights set forth in these terms and conditions.
  7. Course and Habit: Except as set forth in writing and agreed to by all concerned parties, no action or past course of conduct by Nushu Voices, LLC, shall constitute a waiver of any of the rights or reservations set forth herein.  The fact that Nushu Voices, LLC, has engaged in typical practices does not obligate Nushu Voices, LLC, to continue to engage in any such practices in the future.
  8. Disclaimer

You agree that your use of the Website and any links thereto shall be at your sole risk. To the fullest extent permitted by law, Nushu Voices, LLC, the Website’s officers, directors, employees, and agents disclaims all warranties, express or implied, in connection with the Website and your use thereof. Nushu Voices, LLC, makes no warranties or representations about the accuracy or completeness of the Website’s Content or the Content of any third-party websites linked to this Website and assumes no liability or responsibility for any

(a) errors, mistakes, or inaccuracies of Content on the Website,

(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website,

(c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

(d) any interruption or the cessation of transmission to or from our Website

(e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third-party, and/or

(f) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Website.

(g) any references or links to Content on Nushu, LLC, Websites from any author or other third party.

Nushu Voices, LLC, does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third-party through the Website or any hyperlinked website or featured in any banner or other advertising, and Nushu Voices, LLC, will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

  1. Limitation of Liability

In no event shall Nushu Voices, LLC, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) mistakes, or inaccuracies of the Content on the Websites, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Websites, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or the cessation of transmission to or from the Websites, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Websites by any third party, and/or (f) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

  1. Indemnity

You agree to defend, indemnify and hold harmless Nushu Voices, LLC, affiliates, subsidiaries, officers and directors, agents, employees and partners, and any parties with whom it may contract to provide its services, from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, expenses or damages (including, without limitation, reasonable legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against Nushu Voices, LLC, arising out of any breach or alleged breach by you of any representation, warranty, covenant or obligation pursuant to this Agreement.

  1. Modification or Amendment of Agreement

The provisions of this Agreement may be waived, altered, amended, modified, or repealed, in whole or in part, only by Nushu Voices, LLC. Notice of any amendments and/or modifications shall be posted on the Websites at least three days prior to their effective date. In the event that you do not consent to any such amendments and/or modifications, your sole recourse shall be to terminate this Agreement. Modifications/amendments of any portion of this Agreement shall not affect the validity and enforceability of the remaining provisions.  In no instance shall modify any provision or agreement relating to the anonymity of the author without written consent from the author.

  1. Ability to Accept Terms of Service

By uploading or sharing any Content on or with this Website or Nushu Voices, LLC, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement, and to abide by and comply with this Agreement.

  1. Independent Contractors

You are not an employee of Nushu Voices, LLC, and moreover, nothing herein shall be deemed to constitute a partnership between, or joint venture of you and Nushu Voices LLC or constitute either party the agent of the other.  You shall not hold yourself out contrary to the terms of this paragraph, and Nushu Voices, LLC, shall not become liable for any representation, act or omission by you contrary to the provisions of this Agreement.

  1. Severability

These provisions are meant to be read as a whole.  In the event, however, that any provision herein is deemed unenforceable or invalid, the remainder will continue to be valid and enforceable.

  1. Governing Law and Jurisdiction

This Agreement and all questions respecting the negotiation, execution, construction, performance, interpretation, breach or enforcement of this Agreement, or the rights, obligations and liabilities of the parties hereto, shall be governed by the laws of the State of Washington.  The parties agree that any and all disputes, claims or litigation arising from or related in any way to this Agreement or the parties’ relationship hereunder shall be litigated only in a court of competent jurisdiction located in King County, Washington.