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theNextBigWriter Member Agreement

DESCRIPTION

Welcome to theNextBigWriter.com web site (the "Site") The term "theNextBigWriter" or "us" or "we" or "our" refers to theNextBigWriter, LLC. The term "you" refers to the user or viewer of the Site, including writers and reviewers.

ACCEPTANCE OF TERMS

Your use of the Site is subject to the terms of this Member Agreement, as updated by us from time to time, and the then current rules and policies posted on the Site, all of which are hereby incorporated by reference. We will endeavor to notify you of changes to the Member Agreement by posting to the main page of the Site and will make an effort to send a notice to the mailing lists, but we are not liable for failure to note changes to the Member Agreement. The most current version of the Member Agreement is posted at the bottom of the page on the Site. In the event of any conflict or inconsistency between the terms of this Member Agreement and the rules and policies posted on the Site, the Site rules and policies shall govern. Notwithstanding anything set forth above in this paragraph to the contrary, we will not make changes to your rights in posted work as described in the Section below titled "theNextBigWriter's USE OF CONTENT SUBMITTED BY WRITERS AND RIGHTS OF WRITERS" without your consent.

theNextBigWriter's USE OF CONTENT SUBMITTED BY WRITERS & RIGHTS OF WRITERS

The provisions of this Section apply to writers only and not to reviewers. See "TERMS SPECIFIC TO REVIEWERS" below for details concerning theNextBigWriter's use of Content posted by reviewers.
  1. By submitting material to any public area of the Site, you automatically grant theNextBigWriter non-exclusive rights to display the work on the Site at no charge to theNextBigWriter.
  2. You grant theNextBigWriter the right, at no charge, from time to time to edit, copy, distribute or make generally available to the public the titles of submitted work, your pen name, and/or short excerpts from work posted to the Site by writers for the purpose of promoting your work, theNextBigWriter or the Site.
  3. You acknowledge and agree that theNextBigWriter may preserve work you post to the Site and may also disclose such work if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Member Agreement; (c) respond to claims that any work violates the rights of third-parties; or (d) protect the rights, property, or personal safety of theNextBigWriter, its owners or operators or third parties.
Except as specifically described above, Writing Members retain all rights to the work they post to the Site. theNextBigWriter will not submit the work of Writing Members for publication or publish it to the general public unless the author has approved in the form of a separate written agreement. By posting your work to the Site, theNextBigWriter does not obtain any purchase or publication option or otherwise restrict the freedom of Writing Members to market, publish, or sell work they post to the Site. theNextBigWriter may offer to purchase the work of winners of theNextBigWriter Competition if set forth in the then current Competition Rules and Regulations; however, the work of Writing Members will not be published unless the Writing Member has agreed by signing a separate written publishing contract. theNextBigWriter may from time to time establish additional forms of rights management and ownership programs applicable to work posted to the Site. Participation in these offerings will be solely at the discretion of each Writing Member.

FEES

Your use of the Site is subject to your timely payment of the fees, where applicable, posted on the Site.

RESPONSIBILITY FOR THE CONTENT YOU POST

You understand that all work and communication posted to the Site, including work posted by authors and reviewers ("Content") is the sole responsibility of the person from which such Content originated. This means that you, not theNextBigWriter, are entirely responsible for all Content that you post or otherwise make available via the Site.

USE OF THE SITE

You agree not to utilize or otherwise access the Site for any unlawful purpose or for any purpose that encourages or facilitates unlawful or criminal conduct or to post or transmit any material that is in any way infringing or otherwise in violation of the rights of others, including but not limited to engaging in conduct that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree not to utilize the Site for the purpose of advertising or solicitation without the express prior written consent of theNextBigWriter, and you agree not to use the Site to promote other on-line services that are competitive with theNextBigWriter or the Site.

COPYRIGHTED MATERIAL

Writers and reviewers own a copyright in their original content that they post to the Site. For more on copyright, visit the Site's Copyright Policy.

theNextBigWriter owns a copyright in all aspects of the Site original to it, including but not limited to, selection, coordination, arrangement and enhancement of the Site, as well as in theNextBigWriter's original content on the Site.

POSTING OF CONTENT

You shall not post or otherwise make available on the Site any material which is protected by a copyright, trademark or other proprietary right other than your own. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission, and such liability shall survive any termination of this Member Agreement or your membership to the Site.

YOUR USE OF CONTENT

You may make a single copy of Content posted to the Site by authors and reviewers on your hard drive or in print for your own personal, non-commercial use only. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any Content other than your own. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Content will be permitted without the express permission of theNextBigWriter and the copyright owner. You may not remove, change or obscure any copyright notice, author attribution, trademark legend or other proprietary notice. You acknowledge that you do not acquire any ownership rights in the Content by downloading or printing copyrighted material. You shall not use Content or the Site in any manner except as expressly permitted by this Member Agreement or any rules and policies posted on the Site.

COPYRIGHT DISPUTES

You agree that the enforcement and arbitration of copyright disputes on the Site will be governed by the Copyright Policy posted on the Site.

theNextBigWriter Competitions

Participation in theNextBigWriter competitions is subject to the then current Competition Rules posted for each relevant competition. All participants agree to adhere to such rules. Please be sure to read the relevant Competition Rules which can be found under each competition listing on the Member Awards page. Site membership includes free entry all competitions and automatic entry to the short story and poetry competitions. Decisions of the reviewers and theNextBigWriter and the ratings of the Site are final and binding in all instances. Void where prohibited or restricted by applicable federal or state laws and regulations. By participating in theNextBigWriter competitions, you are certifying that your participation does not violate any laws in the jurisdiction in which you reside. If, for any reason, any theNextBigWriter competition is not capable of running as planned for any causes beyond the control of theNextBigWriter, including but not limited to causes which corrupt or otherwise affect the administration, security, fairness, integrity, and/or proper conduct of theNextBigWriter Competition, theNextBigWriter may in its sole discretion modify or temporarily suspend the competition. Prizes are not transferable. Winners shall be solely responsible for payment of all taxes associated with competition prizes.

TERMS SPECIFIC TO REVIEWERS

Reviewers understand that their reviews, including the name of the reviewer, may be made available on the Site to the rest of the website community as well as the general public. Reviewers grant theNextBigWriter the unrestricted right to reproduce their reviews, including the name of the reviewer, or portions of their reviews, for the purpose of publicizing or marketing theNextBigWriter or the Site. Reviewers agree to grant the author of the reviewed material the unrestricted right to reproduce the review, including the name of the reviewer, or portions of their reviews to help publicize or market the reviewed material. All reviewers who post reviews on the Site agree to follow the Competition Rules and Regulations. All other terms of this Member Agreement also apply to the activities of reviewers on the Site.

PAID REVIEWER PROGRAM

Reviewers who theNextBigWriter determines have achieved the status of Certified Reviewer or Star Reviewer become eligible to receive payment for some of their reviews conducted on the Site in accordance with the then current Paid Reviewer program rules and policies. The number of eligible reviews as well as the payment amount will be provided by the Site administrator via email. Certified Reviewers or Star Reviewers may lose this status based on their activity and posting quality at the discretion of theNextBigWriter and will also lose the option of being compensated. All terms of this Member Agreement shall apply to reviewers participating in the Paid Reviewer Program. Star Reviewers understand that their reviews (including the name of the Star Reviewer) may be made available on the Site to the rest of the website community as well as the general public. Star Reviewers agree to grant the author of the reviewed material the unrestricted right to reproduce the review, including the name of the Star Reviewer, or portions of their reviews to help publicize or market the reviewed material.
  1. Termination. We reserve the right to terminate any reviewer's participation in the Paid Reviewer Program at any time for any reason. Reviewers may exit the Paid Reviewer Program at any time without penalty by sending an email to reviewers@thenextbigwriter.com indicating their desire to terminate participation on the Paid Reviewer Program.
  2. Independent Contractor. Reviewers are independent contractors and shall not be construed as employees. Reviewers shall be solely responsible for payment of all local, state and federal employment related taxes, insurance and fees with respect to performing their obligations under the Paid Reviewer Program, including but not limited to employment tax withholding, social security tax, federal and state unemployment taxes, state disability insurance, and worker's compensation insurance.
  3. The sole responsibility and liability of theNextBigWriter and its owners and operators to reviewers who participate in the Paid Reviewer Program shall be to compensate the reviewer.

CHANGES TO THE SITE

All features of the Site are subject to availability, and theNextBigWriter and its owners and operators shall have no liability in connection with the temporary or permanent unavailability of particular features of the Site. theNextBigWriter may, at any time, without liability, change or discontinue any aspect or feature of the Site without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use. Changes will not be made to your rights in posted work as described in the Section above titled "theNEXTBIGWRITER'S USE OF CONTENT SUBMITTED BY WRITERS & RIGHTS OF WRITERS" without your consent.

SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY

Users of the Site are required to complete the Site's registration process. Your membership to the Site is not transferable or assignable. You maintain full responsibility for maintaining the confidentiality of your password and account and for all activities that occur under your password or account. You shall not permit (a) any other person to use your password or to access the Site under your registered user name; or (b) access through a single name being made available to multiple users on a network. You agree to (i) immediately notify theNextBigWriter of any unauthorized use of your password or account or any other breach of security by e-mailing the theNextBigWriter administrators, and (ii) ensure that you exit from your account at the end of each session if your computer will be used by others. theNextBigWriter bears no responsibility for your failure to comply with this section or to take appropriate security measures.

YOUR REGISTRATION OBLIGATIONS

You agree to: (a) abide by the terms of the Member Agreement and all other rules and policies posted on the Site; (b) honor the requests made by theNextBigWriter and its agents with respect to your actions on the Site; (c) provide us with accurate, complete registration information, including your age of consent, when registering as user of the Site; and (d) check for updates and update notices of the Member Agreement and the rules and policies posted on the Site.

USE OF ADULT CONTENT

Some contributions to theNextBigWriter may contain adult Content. Users who have stated they are under 18 years of age will not be allowed access to stories that contain mature Content if an author appropriately rates their piece. It is your obligation to leave areas that are unpoliced, misrated or allow adult Content, if you are not of the age of consent in your area. theNextBigWriter is not responsible for the misrating of adult oriented Content but will correct the rating if the misrating is brought to the attention of theNextBigWriter staff.

THIRD PARTY CONTENT

theNextBigWriter does not control or monitor the Content posted via the Site and does not guarantee the quality of such Content. The Site Content is supplied by third party members of the Site and not the owners or operators of theNextBigWriter or the Site. The information and opinions in the Content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect the belief of theNextBigWriter. Neither theNextBigWriter or its owners or operators are responsible for the Content, accuracy opinions, advice or statements made on the Site by anyone other than authorized theNextBigWriter employees or agents. You understand that by accessing the Site, you may be exposed to Content that is offensive, indecent or objectionable.

LINKS TO OTHER WEB SITES

The Site may contain links to other web sites. Inclusion of any linked web site to our Site does not imply approval or endorsement of the linked web site by us. We are not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by us. Links to other web sites are provided solely as pointers to information on topics that may be useful to the users of our Site.

TERMINATION

You agree that theNextBigWriter may, in its sole discretion and without liability, terminate your membership to the Site or remove and discard any Content with or without notice, if theNextBigWriter believes, in its sole discretion, that you have violated or acted inconsistently with the letter or spirit of the Member Agreement or the Site rules and policies or that your activity interferes with proper use of the Site by others. All provisions of this Member Agreement which by their nature are intended to survive the termination of your membership or this Agreement, including but not limited to the clause below "DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION" shall survive any such termination.

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION

THE SITE AND ALL FEATURES THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW. NEITHER THENEXTBIGWRITER, NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, OPERATORS, PARTNERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR THIRD PARTY SUPPLIERS (COLLECTIVELY "AFFILIATED PARTIES") WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILIITY OF ANY INFORMATION OBTAINED FROM THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THENEXTBIGWRITER OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCUDING BUT NOT LIMITED TO LOST BUSINESS OR LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT CONTAINED ON THE SITE, OR IN CONNECTION WITH THENEXTBIGWRITER COMPETITION OR THE PAID REVIEWER PROGRAM OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THENEXTBIGWRITER NOR ITS AFFILIATED PARTIES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

IN THE EVENT THE ABOVE LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THENEXTBIGWRITER AND ITS AFFLIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED FIFTY US DOLLARS ($50), AND SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THENEXTBIGWRITER OR ITS AFFILIATED PARTIES.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THENEXTBIGWRITER AND ITS AFFILIATED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS' FEES), ARISING OUT OF OR IN CONNECTION WITH YOUR VIOLATION OF THIS MEMBER AGREEMENT OR YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY MATERIAL YOU POST TO THE SITE OR YOUR PARTICIPATION IN THENEXTBIGWRITER COMPETITION.

MISCELLANEOUS

This Member Agreement and any rules and policies, as amended from time to time, that are established by theNextBigWriter and posted on the Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, representations, warranties and understandings with respect to the Site, the Content, and the subject matter of this Member Agreement. This Member Agreement shall be construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Should any part of this Member Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

TRADEMARKS

theNextBigWriter and each of its logos are trademarks of theNextBigWriter, LLC. All rights reserved. Trademarks appearing on the Site are the property of their respective owners.

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