Terms, Conditions, and Policies

Solstice A Magazine of Diverse Voices (“Solstice”) asks that you PLEASE REVIEW The terms, Conditions and policies BEFORE USING THIS WEBSITE – IF YOU DO NOT AGREE TO THESE TERMS OF USE, please refrain from using the website.

General Provisions
Welcome to Solstice A Magazine of Diverse Voices (“Solstice”). Our mission is to provide a quarterly online journal featuring original works in fiction, nonfiction, poetry and photography (the “Services”) through our website available at “http://Solsticelitmag.org/” (the “Site”). 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 and conditions of use. Solstice reserves the right to change the Terms from time to time, at the Solstice’s sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Solstice asks you to 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, Solstice 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 Solstice 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 Solstice, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.

Account

Registration To utilize the Site and Services, or certain portions thereof, you may be required to complete a registration process and establish an account with Solstice (“Solstice Account”). You represent and warrant that all information provided by you to Solstice is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Password and Security
As a registered user of the Site and Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Solstice Account(s). You understand and agree that you a fully responsible for all actions and postings made from your Solstice Account(s). Any account(s) you create are not transferrable. You agree to notify Solstice immediately if you become aware of any unauthorized use of your Solstice Account(s).

Privacy Notice
Privacy Solstice respects the privacy of our users. The Privacy Notice is expressly incorporated herein by reference and made a part of these Terms.

The following discloses the information gathering and dissemination practices for Solstice A Magazine of Diverse Voices (“Solstice”) and accompanying website “http://www.Solsticelitmag.org” (the “Site”). We reserve the right to modify the information contained herein at anytime without prior notice. If we do make changes to our privacy policies, we will modify this page accordingly. Solstice asks the user to check this page periodically for amendments. This site and all information and materials on it are provided to you “AS IS” without warranty of any kind.

YOUR USE OF THE SITE, OR YOUR PROVISION TO US OF ANY PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND ANY SUBSEQUENT CHANGES TO THESE TERMS; DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE WITH ALL OF THE TERMS.

Normal Browsing
As with many websites, we may collect certain information, even when you are not logged in. When you browse, read, or download information from the Site, data may be collected by Solstice, including but not limited to your IP address, URL request, browser type, and date and time of your request. The data are analyzed in various ways, including using an analytics service provider. We collect this information on an aggregate basis only to determine, for example, popularity of each web page among visitors as a whole. We do not track information on which pages an individual user visits. We do not collect any other information without your knowledge and permission. We use this information to improve the usefulness of the site to our visitors. Unless you affirmatively provide additional information to us, we do not collect or store personally identifiable information such as name, mailing address, email address, phone number, or social security number.

Information You Provide
Solstice requests personally identifiable information when you register for an account. Information may be used or requested to perform research, improve usability of the site, administer mailing lists or online communities, or other activities related to Solstice’s services. This information may include, but is not limited to, personal names, e-mail addresses, location, and occupation.

Disclosure of Information
Available log records, account information, and all data stored on our servers may be accessed by our system administrators. In the event that we are required by law (including a court order) to disclose the information you submit, we will provide you with notice (unless we are prohibited) that a request for your information has been made so that you may object to the disclosure. We will send this notice by email to the address you have given us. We prefer to independently object to over-broad requests for access to information about users of our site, but we cannot assure you that we will be able to do this in all cases. If you do not challenge the disclosure request yourself, we may be legally required to turn over your information.

Cookies
Cookies are small text files that the Site can send to your browser for storage on your computer’s hard drive. They make your use of the Site easier by saving your status and preferences and are refreshed every time you visit. We may use session cookies when you visit our website while your browser is open, or while you are logged into the Site. To facilitate our registration and login functions, we may use cookies to recognize when you return to the Site. If you do not logout of your account, these cookies allow us to keep track of your username and password so that you do not have to resubmit the information to log into your account. If others will be using your computer, you should log out of your account so that your logon information is cleared. Most browsers are initially set to accept cookies, but you may be able to change the settings to refuse cookies or to be alerted when cookies are being sent.

Children’s Privacy
The Site’s content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to the Site, please contact us immediately.

Posting
Posting or updating content on the Site is a public action, and all content may be publicly visible. Identification of all contributed content may include, but is not limited to, display of your account name or IP address. All content may be retained for restorative, archival, or research purposes by Solstice. Editing or deleting content may alter the displayed state of the content, but will not permanently delete the content from the Site.

Security
The Site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of the Site cannot be guaranteed by Solstice. Solstice shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this Site or any information you transmitted to the Site. Other Websites Material on this website may link to independently run websites outside of the “http://Solsticelitmag.org/” domain. Solstice is not responsible for the privacy practices or content of such websites. We encourage you to read the privacy policies of any websites you visit from this website.

Termination
Solstice reserves the right to terminate your Solstice Account(s) or restrict access to your Solstice Account(s), or to delete any content posted through your Solstice Account(s), with or without notice, for any or for no reason, and without any liability to you.

Community Participation

Browsing
You understand that material made available by Solstice is a product of a community of authors and does not necessarily represent the views of Solstice A Magazine of Diverse Voices. Solstice assumes no responsibility for the accuracy, suitability, or completeness of any content provided.

Linking
You understand that Solstice 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 Solstice endorses or is affiliated with any third-party website. You agree that the Solstice bears 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 use your Solstice Account(s) or impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Solstice Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Site or Services; (g) violating or attempting to violate any security features of the Site; (h) 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; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site or Services; (j) 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; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Site or Services without the express written permission of Solstice; (l) tampering with the operation, functionality, or the security of the Site or Services; (m) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site or Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means; (q) 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; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; and (s) 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.

Parental Notice 
Pursuant to 47 U.S.C. Section 230(d) as amended, Solstice 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 the Solstice A Magazine of Diverse Voices. Content may not be illegal nor infringing of intellectual property rights, invasive of privacy. Please read our User Content and Community Guidelines, which are incorporated herein by reference.

Solstice does not pre-screen or regularly review any contributed content, but Solstice has the right (though not the obligation) to remove, without notice, any content posted which Solstice considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. Solstice may terminate any Solstice Account, with or without notice, for posting such content. (b) License to Solstice. By posting or contributing content to the Site, using these Services, you are granting Solstice 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, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work. Upon republication of this content by Contributer, Copyright shall revert to such Contributor provided that he/she credits Solstice as the first to publish same material.

User Representations and Warranties
By posting any content, you represent and warrant that (a) you have all right, title, and interest to such posted 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 Solstice, their 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 or made under your Account(s), of any intellectual property or other right of any person or entity.

Other Terms

Modifications 
Solstice 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 
Solstice disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or Site, or any software provided through the Site. The 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
These Terms apply to use of and contribution to the Site and any account provided therefore. Solstice 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 the 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 are governed by the laws of the Commonwealth of Massachusetts, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Middlesex County in the Commonwealth of Massachusetts in the event of any dispute of any kind arising from or relating to the Site or Services, or your use or review of it. The 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. Effective Date of the Agreement is today or July 28, 2010.

Privacy


The following discloses the information gathering and dissemination practices for Solstice A Magazine of Diverse Voices (“Solstice”) and accompanying website “http://www.Solsticelitmag.org” (the “Site”). We reserve the right to modify the information contained herein at anytime without prior notice. If we do make changes to our privacy policies, we will modify this page accordingly. Solstice asks the user to check this page periodically for amendments. This site and all information and materials on it are provided to you “AS IS” without warranty of any kind.

YOUR USE OF THE SITE, OR YOUR PROVISION TO US OF ANY PERSONAL INFORMATION CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND ANY SUBSEQUENT CHANGES TO THESE TERMS; DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE WITH ALL OF THE TERMS.

Normal Browsing
As with many websites, we may collect certain information, even when you are not logged in. When you browse, read, or download information from the Site, data may be collected by Solstice, including but not limited to your IP address, URL request, browser type, and date and time of your request. The data are analyzed in various ways, including using an analytics service provider. We collect this information on an aggregate basis only to determine, for example, popularity of each web page among visitors as a whole. We do not track information on which pages an individual user visits. We do not collect any other information without your knowledge and permission. We use this information to improve the usefulness of the site to our visitors. Unless you affirmatively provide additional information to us, we do not collect or store personally identifiable information such as name, mailing address, email address, phone number, or social security number.

Information You Provide
Solstice requests personally identifiable information when you register for an account. Information may be used or requested to perform research, improve usability of the site, administer mailing lists or online communities, or other activities related to Solstice’s services. This information may include, but is not limited to, personal names, e-mail addresses, location, and occupation.

Disclosure of Information
Available log records, account information, and all data stored on our servers may be accessed by our system administrators. In the event that we are required by law (including a court order) to disclose the information you submit, we will provide you with notice (unless we are prohibited) that a request for your information has been made so that you may object to the disclosure. We will send this notice by email to the address you have given us. We prefer to independently object to over-broad requests for access to information about users of our site, but we cannot assure you that we will be able to do this in all cases. If you do not challenge the disclosure request yourself, we may be legally required to turn over your information.

Cookies
Cookies are small text files that the Site can send to your browser for storage on your computer’s hard drive. They make your use of the Site easier by saving your status and preferences and are refreshed every time you visit. We may use session cookies when you visit our website while your browser is open, or while you are logged into the Site. To facilitate our registration and login functions, we may use cookies to recognize when you return to the Site. If you do not logout of your account, these cookies allow us to keep track of your username and password so that you do not have to resubmit the information to log into your account. If others will be using your computer, you should log out of your account so that your logon information is cleared. Most browsers are initially set to accept cookies, but you may be able to change the settings to refuse cookies or to be alerted when cookies are being sent.

Children’s Privacy
The Site’s content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to the Site, please contact us immediately.

Posting
Posting or updating content on the Site is a public action, and all content may be publicly visible. Identification of all contributed content may include, but is not limited to, display of your account name or IP address. All content may be retained for restorative, archival, or research purposes by Solstice. Editing or deleting content may alter the displayed state of the content, but will not permanently delete the content from the Site.

Security
The Site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of the Site cannot be guaranteed by Solstice. Solstice shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this Site or any information you transmitted to the Site. Other Websites Material on this website may link to independently run websites outside of the “http://Solsticelitmag.org/” domain. Solstice is not responsible for the privacy practices or content of such websites. We encourage you to read the privacy policies of any websites you visit from this website.

DMCA Notice Policy

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Solstice A Magazine of Diverse Voices (“Solstice”) as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, “http://www.copyright.gov”), but we will respond to notices of this form from other jurisdictions as well. It is expected that all users of any part of the site will comply with applicable copyright laws. However, if the receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

Designated Agent The Solsticelitmag’s Designated Agent to receive notification of alleged infringement under the DMCA is:

Name: Solstice Literary Magazine
Email: info@solsticelitmag.org
Physical Mail: 38 Oakland Avenue Needham, MA 02492

Upon receipt of proper notification of claimed infringement, Solstice will follow the procedures outlined herein and in the DMCA.

Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Solstice’s Registered Agent (listed above) the following information in a written communication (preferably via email): info@solsticelitmag.org

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Solstice to locate the material; Information reasonably sufficient to permit Solstice to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Counter Notification
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please Solstice’s Registered Agent (listed above) the following information in a written communication (preferably via email): info@solsticelitmag.org

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; Your name, address, and telephone number; The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”; The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”; The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and Your signature, in physical or electronic form.

Upon receipt of such counter notification, Solstice will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Solstice will replace the removed material or cease disabling access to it in 10 business days. Solstice will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, Solstice will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Accommodation of Standard Technical Measures
It is Solstice’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Solstice determines are reasonable under the circumstances.

 

What are your community and commenting guidelines?

Solstice A Magazine of Diverse Voices User Content and Community Guidelines: The goal of Solstice A Magazine of Diverse Voices is to build a participatory community of writers, photographers, journalists, and others who are interested in an online journal featuring original works of fiction, nonfiction, poetry and photography. With this goal in mind, we hope to bring a diverse range of perspectives and voices into this site. While we do not want to limit the spirit of civil disagreement, we may, at our sole discretion, decline to publish unacceptable content and remove it if we find it on this site. Unacceptable content includes, but is not limited to, the following:

Statements that are intended as a personal attack or are abusive, harassing, or threatening Defamatory or knowingly false statements Information of a private or personal nature that does not have news value or is otherwise not of public interest Irrelevant statements, commercial solicitations, or SPAM Materials that violate the copyright, trademark, or trade secret rights of others that are not otherwise authorized by law, such as fair use Solstice will determine what is “unacceptable content” on a case-by-case basis. We reserve the right to change these standards at any time. We also reserve the right to remove links to unacceptable off-site content at any time.