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© 2019 Forbidden Peak Press

       PLEASE REVIEW BEFORE USING THIS WEBSITE – IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

       Welcome to forbiddenpeakpress.com. The mission of Forbidden Peak Press (the “Services” or the “Site”) is to publish on this website creative materials in the form of short fiction, travel and poetry that have been created by third-party writers for the entertainment of other website visitors, and to process submissions from writers using Submittable.com. To provide these Services, we have to set out some ground rules for using the Site in this document (the “Terms”). By using the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. By accessing, using, or contributing to the Services or the Site, and in consideration for the Services we provide to you, you agree to abide by the Terms. Forbidden Peak Press may change the Terms from time to time, at Forbidden Peak Press' sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of the Terms.

DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES

       THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, FORBIDDEN PEAK PRESS AND ITS OWNER, FOUNDER, EDITOR AND STAFF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL FORBIDDEN PEAK PRESS AND ITS OWNER, FOUNDER, EDITOR AND STAFF BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE) EVEN IF FORBIDDEN PEAK PRESS, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.

Privacy
       Forbidden Peak Press respects the privacy of our users and contributors. The Privacy Statement is expressly incorporated herein by reference and made a part of these Terms. Providing us with personal biographical information as part of your submission implies that you consent to its publication on our site and storage on our servers if your story or poem is selected for publication. Do not send us your street address or phone number; published biographies include only city/state/country. Our policy is never to call submitters or contributors. If you ever receive any phone call from anyone purporting to represent Forbidden Peak Press, hang up immediately.

Submission fee
       You acknowledge that your payment of our “Submission Fee” at the Submittable.com website does not imply, warrant, confer or guarantee any benefit to you, including but not limited to receiving any correspondence from us or receiving writing advice, reviews or editorial services of any kind; your payment of such Submission Fee also does not imply that this Site will exist in perpetuity, or that your submission has any more likelihood of being published on forbiddenpeakpress.com; you further agree that you shall hold Forbidden Peak Press and its owner, founder, editor and staff blameless and harmless if your submission is or is not selected for inclusion on our website, or if you do not receive a personal response or writing feedback, and that the decision to publish or not publish your submission on forbiddenpeakpress.com is ours and ours alone.

No Payment to Contributing Writers
       Forbidden Peak Press is unable to compensate contributing writers. The Site features the stories and poems of fine writers who have generously contributed their creativity to Forbidden Peak Press without financial compensation because they see value in having their work appear on our website.

Works of Fiction
       All poems and short stories on our Site are works of fiction. Names, characters, businesses, places, events, locales, and incidents are either the products of the author’s imagination or used in a fictitious manner and subject to fair use. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.

Licenses Applicable to Contributed Content 
       (a) License to Authors Contributing to the Site and Services: Any and all content contributed by you to the Forbidden Peak Press Services or the Site is owned by you and you retain sole copyright over the materials you have submitted.

       (b) License to Forbidden Peak Press. By contributing content to the Site using these Services, you are granting Forbidden Peak Press a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site and Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, edit, translate and reformat your content. We may also from time to time use a brief excerpt from your content to promote Forbidden Peak Press on Twitter or other social media and internet or print platforms.

       (c) See our Artist's Rights Page at forbiddenpeakpress.com/artist-s-rights for comprehensive distribution information.

Editing
       By contributing content to the Site using these Services, you are granting Forbidden Peak Press the right to edit your story, poem or biography as we see fit without your express permission. Such editing may include corrections for spelling and grammatical errors, or more substantive alterations made to ensure that your content meets our editorial standards. In the event that you are unhappy with such changes and we are unable to reach an agreement with you on an accepted version, you maintain the right to ask us to remove your content from the Site, and we will delete your content within 72 hours of receiving your take-down request. We are not responsible for persistent or residual versions of your content which may exist on the web as a result of third-party web crawlers or search engines, or for any downloads, reposts or copies of your content, in whole or in part, made by us or by others anywhere on the Internet before your content was removed from our Site.

Photography
       By submitting content to Forbidden Peak Press, you grant us the right to select the photograph which will appear on the page with your written content.

Correspondence
       You hereby agree and understand that any correspondence you receive from Forbidden Peak Press and its owner, founder, editor and staff in the course of your submission process or at any other subsequent time is not to be construed as advice or counsel you should or must follow, and that any decision you make to pay heed to our correspondence and to take, or not take, any action based upon it shall be yours, with full knowledge that you are solely responsible for the consequences of actions you take, or do not take, during or after any correspondence with us.

Unacceptable Conduct
       Forbidden Peak Press has a zero-tolerance policy for real or implied threats, aggression, sexual abuse, bullying, racial or gender prejudice, abusive behavior or foul language. We maintain a blacklist of names of transgressors who have crossed this line in correspondence with us via email or on the Submittable submission platform. All communication received from submitters and contributors is saved electronically and will be forwarded immediately to the appropriate law enforcement authority whenever we see fit.

Termination
       Forbidden Peak Press reserves the right to terminate and take down this entire website or delete any content posted on this website, including your submission, at any time with or without notice, for any or for no reason, and without any liability whatsoever to you. By submitting material to us, you acknowledge that you understand that Forbidden Peak Press may remove any contributor’s presence on our website, including your own, with or without notice, for any reason, without any liability.

Updating website
       Forbidden Peak Press reserves the right to redesign or modify this entire website or any part of it, including any pages containing your name, submission or biography, at any time with or without notice, for any or for no reason, and without any liability whatsoever to you.

Community Participation

Browsing
       You understand that material made available by Forbidden Peak Press is a product of a community effort and does not necessarily represent the views of Forbidden Peak Press. Forbidden Peak Press assumes no responsibility for the accuracy, suitability, or completeness of any content provided.

Linking
       You understand that Forbidden Peak Press does not and cannot review all material made available through websites linked or linking to any part of the Site. You also understand that no such linking implies in any way that Forbidden Peak Press endorses or is affiliated with any third-party website. You agree that Forbidden Peak Press and its owner, founder, editor and staff bear no responsibility or liability for any content accessed or harm caused from any third-party website.

Acts Against the Site/Services
       You shall not attempt or engage in potentially harmful acts that are directed against the Site or Services including, without limitation, the following:

       (a) Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (d) emulating or faking usage of the Site or Services; (e) violating or attempting to violate any security features of the Site; (f) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (g) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site or Services; (h) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Site; (i) causing, allowing or assisting machines, bots, or automated services to access or use the Site or Services without the express written permission of Forbidden Peak Press; (j) tampering with the operation, functionality, or the security of the Site or Services; (k) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected; (l) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; (m) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site or Services; (n) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means; (o) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site or Services; (p) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; and (q) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

       Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.

Restricted Access to Mature Content
       Please be aware that the majority of the content found on or through the Forbidden Peak Press service is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content.

Children Under 13 Not Allowed
       The Forbidden Peak Press Service and its content are not directed to persons under 13 years of age. We do not knowingly collect or solicit personal information from children under 13 or knowingly allow such persons to use the Service. If you are under the age of 13 you are not permitted to access or use the Forbidden Peak Press Service under any circumstances. Such restricted access to the Forbidden Peak Press Service for children under 13 applies to, but is not limited to, providing us with personal details of any kind, watching videos posted on the Site, submitting stories or poems to be considered for inclusion on forbiddenpeakpress.com, writing or reading comments, using the contact form to contact Forbidden Peak Press, or reading or sharing stories and poems. If we become aware that a child under 13 has provided us with personal information or that we have collected personal information from a child under age 13, we take steps to remove such information as quickly as possible. If you are a parent who becomes aware that your child under 13 has provided us with personal information without your consent, or you believe that we might have any information from or about a child under 13, please contact us.

Parental Notice
       Pursuant to 47 U.S.C. Section 230(d) as amended, Forbidden Peak Press hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).

Content
       Content contributed to the Site should be relevant to the subject scope of Forbidden Peak Press. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

       Forbidden Peak Press pre-screens all contributed content, but Forbidden Peak Press has the right (though not the obligation) to remove, without notice, any content posted which Forbidden Peak Press considers, for any reason, to violate these Terms or to be outside the subject scope of the Services.

User Representations and Warranties
       By submitting any content for posting on Forbidden Peak Press, you represent and warrant that (a) you have all right, title, and interest to such content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, or (b) that such content is in the public domain or that your use of such content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.

Copyright Complaints
       If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.

Indemnities
       You acknowledge and agree to indemnify and hold Forbidden Peak Press and its owner, founder, editor, staff, affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you of any intellectual property or other right of any person or entity.

Other Terms

Modifications
       Forbidden Peak Press reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing the Terms. Your continued use of the Site and Services constitutes your agreement to all such Terms.

Termination of Service
       Forbidden Peak Press disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or Site, or any software provided through the Site. Forbidden Peak Press reserves the right to modify, suspend, or discontinue the Services or access to the Site without any notice at any time and without any liability to you.

Scope of Terms
       The Terms apply to use of and contribution to the Site and any account provided therefore. Forbidden Peak Press may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.

No Waiver of Terms
       Failure of Forbidden Peak Press to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement
       These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.