1.  Who May Use the Community

You may join and access the Alive & In Color Trusted Messenger & Peer Ambassador Community (the “Community”) only if you agree to form a binding contract with us and are not a person barred from joining and participating in the Community under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old to join and access the Community. If you are accepting these Terms and joining the Community on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

2.  Privacy

Our Privacy Policy describes how we handle the information you provide to us when you participate in the Community. You understand that through your use of the Community you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for use by us.

3.  Content on the Community

You are responsible for your use of the Community and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Community or obtained by you through the Community is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Community or endorse any opinions expressed via the Community. You understand that by using the Community, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Community and, we cannot take responsibility for such Content.

We reserve the right to remove Content that violates our Community Guidelines, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

Your Rights and Grant of Rights in the Content
You retain your rights to any Content you submit, post or display on or through the Community. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content).

By submitting, posting or displaying Content on or through the Community, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve the Community and to make Content submitted to or through the Community available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and the Community, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations, or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Community as the use of the Community by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

We have an evolving set of rules for how partners can interact with your Content in the Community. These rules exist to enable an open platform with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content to adapt the Content to different media.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Community. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

4.  Using the Community

Please review the Community Guidelines, which outline what is prohibited in the Community. You may use the Community only in compliance with these Terms and all applicable laws, rules, and regulations.

The Community evolves constantly. As such, the Community may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Community or any features within the Community to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Community, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.

You also agree not to misuse the Community, for example, by interfering with them or accessing it using a method other than the interface and the instructions that we provide. You agree that you will not work around any technical limitations in the software provided to you as part of the Community, or reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits. You may not do any of the following while accessing or using the Community: (i) access, tamper with, or use non-public areas of the Community, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Community by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Community to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Community, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Community. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Community, its users and the public. We do not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

Your Account

You must create an account to access the Community. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You can control most communications from the Community. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Community and your account, and you may not be able to opt-out from receiving them. If you later change or deactivate the email address you used to register your account, you must update your account information to help prevent us from communicating with anyone who acquires your old email address.

Your License to Use the Community

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Community. This license has the sole purpose of enabling you to use and enjoy the benefit of the Community as provided on www.aliveandincolor.com, in the manner permitted by these Terms.

The Community is protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Community’s, Alive & In Color’s, or The BLK+Cross’ names or any of their trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Community, Alive & In Color, and The BLK+Cross (excluding Content provided by users) are and will remain our and our licensors’ exclusive property. Any feedback, comments, or suggestions you may provide regarding the Community, Alive & In Color and The BLK+Cross is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Ending These Terms

You may end your legal agreement with us at any time by deactivating your accounts and discontinuing your use of the Community. See Community FAQs for instructions on how to deactivate your account and the Privacy Policy for more information on what happens to your information.

We may suspend or terminate your account or cease providing you with all or part of the Community at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Community to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Community, except that the following sections shall continue to apply: 2, 3, 5, and 6. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.

5.  Disclaimers and Limitations of Liability

The Community is Available “AS-IS”

Your access to and use of the Community or any Content are at your own risk. You understand and agree that the Community are provided to you on an “AS IS” and “AS AVAILABLE” basis. “The BLK+Cross Entities” refers to The BLK+Cross, Alive & In Color, and the Community, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BLK+CROSS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The BLK+Cross Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Community or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Community or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Community; and (iv) whether the Community will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from The BLK+Cross Entities or through The BLK+Cross Entitites, will create any warranty or representation not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BLK+CROSS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE COMMUNITY; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE COMMUNITY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE COMMUNITY; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BLK+CROSS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BLK+CROSS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

6.  General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be accessible on www.aliveandincolor.com, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Community after those revisions become effective, you agree to be bound by the revised Terms.

The laws of the State of Georgia, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us. All disputes related to these Terms, or the Community will be brought solely in the federal or state courts located in Fulton County, Georgia, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Community in your official capacity and legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Georgia (excluding choice of law).

If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If you have any questions about these Terms, please contact support at aliveandincolor@gmail.com.

Effective: June 19, 2023