The Blish Collective Terms of Service

Please read these terms of service before using the site.


 

 

 

Welcome to The Blish Collective, an independent publishing platform focused on individualistic,
unconventional writing to maintain a degree of literary stability in the world.


 

 

 

 

 

The Blish Collective website and service (collectively, the “Site”) is operated by The Blish Collective,
a New York corporation (“Blish” or “We” or “Us” or similar pronoun). 

These Terms of Service (“Terms of Service”) and Blish’s
Privacy Policy are applicable
when You access or use our Site, services, mobile applications, products and content (“You” or “User”).

“Your Content” or “User Content” means any and all information and material
that You submit to, post, publish or display on the Site.

 



Introduction.


 


By accessing the Site, You are agreeing to be bound by these Terms of Service. Blish may modify these Terms of Service and its Privacy Policy at any time without prior notice.  We will notify You of such revisions by posting an updated version of these Terms of Service on the Site, or as appropriate. You consent to such modifications by continuing to use the Site.

 

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About Us.


 


Blish is an independent, integrity-laden source for experienced writers and artists to publish their creative works. Our platform offers a collaborative spirit for publishing centered around thought-provoking serials, singular and longstanding works. We accept fiction, non-fiction, short stories, essays, novellas, opinion pieces, incredibly unconventional journalistic ventures, among other creative genres, as well as multimedia works. We cater to all users – those users who view our content available on the Site, and those users who are authors registered with Blish for collaboration. We aim to promote our authors' abilities by publishing their desired writing styles and forms, then bridge their works with an appropriate audience.

 

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About Our Au Courant Section.





Our Site contains a news and political satire publication section entitled Au Courant (the "Au Courant Section"). The Au Courant Section is a source of parody, satire, and humor and is for entertainment purposes only. Some of the posts/stories in the Au Courant Section may be taken from or inspired by real news events but they are entirely works of complete fiction.  Said posts or stories may or may not use real names, but always in semi-real or substantially fictitious ways. All news posts/stories/articles contained within the Au Courant Section are works of fiction and constitute fake news. Any truth or actual facts contained in said stories or posts are purely incidental or coincidental and not intended to be, or be construed as, facts. Any resemblance to the truth or actual facts or to reality is purely coincidental, except for references to famous persons and/or public figures, in which case such stories are based on real people, but the story or stories, surrounding or about these people or figures is entirely fictional and is intended as satire and entertainment.  

 

The Au Courant Section is not a source of facts or evidential information. All posts, items or stories in the Au Courant Section are fictitious. Any resemblance to persons, living or dead, is entirely coincidental or is intended purely as a satire, parody or spoof of such persons and is not intended to communicate any true or factual information about that person. As the purpose of the posts/stories in the Au Courant Section is to entertain and amuse and not to disparage any persons, corporations or institutions, in any way, no malice is intended toward anyone or anything, nor should any be construed from the parody or satirically based stories and/or fake news items.  The Au Courant Section is intended for a mature, sophisticated, and discerning audience.

 

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Eligibility.


 

 

You need to be at least 18 years of age or older to use the Site or any of our services.
We only accept submissions from individuals 18 years and older.

 

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Your Account.


 


For full access to the Site and to submit User Content, You'll need to register an account with Us by setting up a User name and password.  For efficient service, please provide Your legal name and supply and maintain a valid email address when You register and provide true, accurate and complete information about Yourself. The information You provide when You register will be treated in accordance with our Privacy Policy.  Be responsible with Your account/password and do not disclose them to any third party. And inform Us immediately of any actual or potential unauthorized access to Your account.

 

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Pen Name/Pseudonym.


 


Although You are required to provide Your legal/real name at the time of registration, You may choose to publicly use a pen name/pseudonym in Your Content, byline, and profile. You grant Us the right to use such pen name/pseudonym in conjunction with Your Content and our marketing efforts.

 

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Do's and Don'ts of General Use.


 


The Blish Collective is here to support You.  Because this is an online community of copyright protected works, We want to ensure a safe platform to showcase Your ingenious ability. So that there is no interference with the Site, We have some rules:

  • You may not take any action to circumvent or attempt to circumvent the security and access control provisions of the Site. 
     
  • You may not log into an account with a password not assigned to You or otherwise misuse passwords.
     
  • You may not access another User's data or personally identifiable information, or otherwise misuse any information posted to the Site by another User. 
     
  • You may not access the Site's server or any server, computer or database connected to the Site, or test the Site's security measures. 
     
  • You may not modify, decipher, decompile or reverse engineer any of the Site's software, or otherwise attempt to unlock the Site's computer code.
     
  • You may not damage or disable the Site by introducing viruses, logic bombs, Trojan horses, worms, malware or other technologically harmful, corrupted data or malicious software. 
     
  • You may not use or attempt to use any robots, spiders, avatars, tools, agents or other software to navigate, index or search the Site other than the search engine and search agents available from the Site.
     
  • You must use the Site in a manner consistent with any and all applicable laws and regulations.

 
Blish reserves the right, in our sole discretion, to immediately revoke Your account and/or seek all other legal remedies available if We become aware of any of the foregoing illustrative activities. 

 

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Do's and Don'ts of Site Conduct.



 

Without limiting the foregoing, You acknowledge and agree not to:

  • harass, stalk, intimidate or otherwise subject another User of the Site (including on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) to unwanted or inappropriate conduct or injury/harm;
     
  • post personally identifiable information (including without limitation, name, address, email address, phone number) about another User or any other individual without their express prior written consent;
     
  • change, revise and/or delete another User’s Content without the express written authorization of such other User;
     
  • breach security of another User's account, or interfere with another User's use or enjoyment of the Site;
     
  • impersonate any Blish personnel or any other User;
     
  • use the Site to violate copyright, trademark, trade secret or other intellectual property rights of other Users/third parties, persons or entities in any way, or violate the privacy or publicity rights of any other User/third party or person;
     
  • take any action that imposes an unreasonable or disproportionately large burden/load on the Site’s infrastructure or disrupts or disables Site operation.

Blish reserves the right, in our sole discretion, to immediately revoke Your account and/or seek all other legal remedies available if We become aware of any of the foregoing illustrative activities or inappropriate/illegal conduct. 

 

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Your Content.


 


“User Content” or “Your Content” is any and all information and material that You submit to, exchange, post, publish or display on the Site - this includes Your biographic profile, works and writings in any form, media or technology whether now known or later developed, text, audio, videos, photographs, film, images, compilations or other material that You submit to Blish personnel or post on the Site.

You own the rights to Your Content.  We don't claim ownership over it.  Though We may collaborate with You to edit/polish Your Content, You are responsible for its accuracy, lawfulness, form and substance and for evaluating any changes/ideas We give You.  Blish, nor its directors, officers, employees, agents, licensors or its third party providers are liable for any User Content exchanged through the Site.

However, by submitting Your Content to Us, You grant to Blish and its affiliates a nonexclusive, royalty-free, perpetual, worldwide license to use Your Content, including Your biographic profile and pen name/pseudonym (if applicable), to do the things We need to do to provide Blish services and improve our Site, including hosting, storing, encoding, copying, modifying, altering, editing, adapting, reproducing, transmitting, publishing and publicly displaying Your Content by all means and in any media now known or hereafter developed.

By submitting Your Content to Us, You explicitly permit Us to use Your name, pen name/pseudonym (if applicable), likeness and biographic profile to promote You and Your Content with partner companies, affiliates or services for broader broadcast, distribution and publication.

Upon Your express permission, We may use Your Content, name, pen name/pseudonym (if applicable) likeness and biographic profile in connection with all advertising and marketing of The Blish Collective and with other promotional materials to advertise, market and publicize The Blish Collective.

We will never sell Your Content to third parties without your explicit permission. However, to expand readership of Your Content, We may discuss with You whether You want to consent to/allow for sale or paid access to Your Content.

You may use/submit User Content/works previously published elsewhere, as long as there is no exclusivity with the previous publisher.

By submitting your work, You grant Us the right but not the obligation to use or post Your Content on the Site. 
Submission doesn’t guarantee publication.

 

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Collaborative Services with Blish.


 

 

Blish is here to help make Your Content the best it can be. To that end, We offer an editorial/collaborative component to our Site for selected pieces. If You submit Your Content for collaboration and it is selected, You expressly permit Us to edit Your Content, make and/or suggest changes to it - with the goal of improving its clarity, impact, flow and readability. This service is meant to be an open back and forth process in which ideas are discussed and edits are made with You. We may also have to modify Your Content to meet editorial and formatting standards. Our aim is to perfect selected pieces.

 

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Blish Contributor.


 

 

If Blish engages You as a Contributor, You may be compensated for Your Content.
Information about such payment shall be provided if and when You are engaged.

 

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User Content Acknowledgments.


 


You acknowledge, represent and warrant that:

  • User Content is original to You and that no other party has any rights to it, or that You have the necessary licenses, rights, consents and permissions to furnish and/or license Your Content and submit it to the Site;
     
  • User Content does not violate the rights of third party persons or entities, including copyright, trademark, trade secret or other intellectual property rights in any way, and does not violate the privacy or publicity rights of any third party;
     
  • Your pen name/pseudonym does not violate the rights of third party persons or entities, including trademark right, copyright or other rights in any way, and does not violate the privacy or publicity rights of any third party/person.
     
  • User Content is not obscene, pornographic, vulgar, abusive, discriminatory, hateful, defamatory or libelous, threatening, or otherwise objectionable;
     
  • User Content does not include any hidden words or links to pornographic or sexually explicit material;
     
  • User Content does not provide instructional information about illegal activities.
     
  • You give your explicit permission to use, copy, alter, modify, distort Your Content if it is selected for collaborative services.

 

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Ownership of Site Content.





All information, material and content on and that makes up the Site, including text, graphics, images, illustrations, designs, trademarks, logos, software, software codes, source codes, video clips and other content (collectively the “Site Content”) is protected under United States copyright, trademark and other intellectual property laws. Site Content and compilation of (meaning the collection, arrangement and assembly) is the exclusive property of Blish or the party accredited as the owner or provider of the content (its Third-Party Content Providers). Unauthorized use of Site Content may violate these laws, and is strictly prohibited (without the express written permission of Blish or the copyright/authorized owner).  Blish grants You the limited right to display Site Content only on Your personal computer and to copy and download Site Content solely for Your personal and/or internal use.  Misuse of Site Content or Third-Party Content may result in Your account being revoked and Your Content removed from the Site.

 

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Indemnification.


 

 

You agree to defend, indemnify and hold harmless Blish and its affiliates, representatives, parents, subsidiaries, partners and their respective officers, managers, employees and agents from and against any and all liabilities, loss, claims, demands, costs and expenses, including attorneys’ fees and costs, made by any third party arising out of or in connection with Your use of the Site and/or services or breach/violation of these Terms of Service.

 

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Links to other sites.


 


This Site may contain links to sites controlled or offered by third parties, including links to third party websites, services and advertisements (collectively "Third Party Sites&Ads"). These links are provided solely for Your convenience and We do not review, approve, monitor, endorse, warrant or make any representations with respect to Third Party Sites&Ads.  If You use these links, You leave our Site. Blish does not control and is not responsible for the availability or content of any such Third Party Site&Ads.  You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites&Ads. Blish makes no representations about and disclaims liability for, any information, materials, products and services posted or offered at any of the Third Party Sites&Ads linked to our Site.  If You decide to access such linked Third Party Sites&Ads, You do so at Your own risk and our Terms of Service and policies no longer govern.  Your use of those Third Party Sites&Ads is subject to the terms of service, conditions, privacy policies and data gathering practice of each such Third Party Sites&Ads and We are not responsible for anything contained therein. Any concerns regarding those Third Party Sites&Ads should be directed to the particular site administrator or webmaster for those Third Party Sites&Ads.

 

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Third Party Content.


 


Third parties may provide certain information, content and advertisements to Us (“Third Party Content”), and in each case, the Third Party Content may be subject to Terms of Service and/or privacy policies of such Third Parties.  Please contact the appropriate Third Party Content Provider for further information regarding such terms.  BLISH DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

 

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Notification of Copyright Infringement (“DMCA” Notice).


 


Blish respects the copyright interests of others.  However, User Content and Third Party Content are not within our control and We do not assume any obligation to monitor or scan User Content or third-party content.  It is our policy not to permit materials known by Us to infringe another party’s copyright to remain on the Site.  If You or anyone believe that copyrighted work has been uploaded, posted or copied to the Site and is accessible on the Site in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to Our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2), named below:

  • your address, telephone number and email address;
     
  • a description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
     
  • a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
     
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
     
  • a statement by you, made under penalty of perjury, that the above information in the DMCA Notice is accurate and you are the copyright owner or authorized to act on the copyright owner’s behalf.


All DMCA Notices should be sent to our designated agent as follows:[theblishcollective@gmail.com]
Please insert Report Copyright Infringement in the subject line or Re: line of the email.

 

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Subscription Services/Fees.


 

 

You can participate in our "Blish Membership" (or other pay structures) and pay a subscription fee to access archived content/works on our Site. Information about the duration for such subscription services and other important information (fees, additional terms) will be provided when You subscribe.

 

We reserve the right to begin charging fees for any free or new services. We reserve the right to change fees and add new fees/charges at any time.  Such changes will not apply to fees/charges paid prior to the time of the change.

 

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Disclaimer of Warranties.





YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISIBLE BY APPLICABLE LAW, BLISH, FOR ITSELF AND EACH OF ITS LICENSORS, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BLISH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF INFORMATION OR MATERIALS CONTAINED ON THIS SITE, INCLUDING THIRD PARTY MATERIALS OR CONTENT, IN TERMS OF ITS CORRECTNESS, ACCURACY, QUALITY, AVAILABILITY OR OTHERWISE.  BLISH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS CONTAINED THEREIN.

WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES THEREON WILL MEET USERS’ REQUIREMENTS.  BLISH DOES NOT WARRANT THAT THE SITE WILL BE UNITERRUPTED OR ERROR-FREE, NOR THAT THE SITE IS FREE FROM INTERFERENCES, DEFECTS, COMPUTER VIRUSES OR OTHER ERRORS. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE SITE IS TO DISCONTINUE USING THE SITE.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND USER CONTENT SUBMITTED, POSTED, TRANSMITTED, EXCHANGED OR ACCESSED ON OR THROUGH THE SITE. YOU ACKNOWLEDGE THAT YOUR CONTENT HAS NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY BLISH. YOU ACKNOWLEDGE THAT BLISH HAS NO CONTROL OVER USER CONTENT, QUALITY, OR SAFETY AND MAKES NO REPRESENTATIONS ABOUT USER CONTENT. 

 

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Limitation of Liability.       


 


NEITHER BLISH NOR ANY OF ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, PARTNERS, AGENTS, LICENSORS OR THIRD PARTY PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS, LOST BUSINESS, LOSS OF REVENUE OR ANY OTHER LOSSES OR EXPENSES, ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THIS SITE AND/OR ITS SERVICES, OR ANY EXTERNAL SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS OR DATA FROM THE SITE, OR SYSTEM INTERRUPTION OR FAILURE, HOWEVER ARISING, WHETHER FOR BREACH, IN TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, AND EVEN IF BLISH, OR ITS REPRESENTATIVES, ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

 

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Termination.


 


Blish, at its sole discretion, may suspend or terminate Your account and discontinue Your access to and use of the Site for any violation of these Terms of Service, or any violating or improper use of our Site.

 

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General terms.


 


Blish controls and operates the Site from its offices in the United States and makes no representation that the Site may be lawfully viewed or accessed outside of the United States.  If You use the Site from outside the United States, You do so at Your own risk and are entirely responsible for compliance with the laws of Your jurisdiction. 

 

These Terms of Service shall be governed by the laws of New York and controlling United States federal law, without regard to the choice or conflict of laws principles.  Jurisdiction for any claims arising under this Terms of Service agreement shall lie exclusively with the state or federal courts within the State of New York. 

 

If any provision of these Terms of Service is held invalid or contrary to law by a court of competent jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

 

The failure of Blish to enforce any terms of these Terms of Service shall not be deemed a waiver of such term or otherwise affect Blish’s ability to enforce such term at any point in the future. 

 

No joint venture, partnership, employment or agency relationship exists between You and Blish. 

 

Blish may assign its rights and duties under these Terms of Service to another party.

 

These Terms of Service comprise the entire agreement between You and Blish and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the Site and services provided by Blish.

 

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Phew!

Now that that’s out of the way, you’re free to take advantage of your own intellect.

Enjoy.

 

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