Terms of Use

Introduction

Welcome to Postcolonialist.com (collectively referred to as “The Postcolonialist”), a property of The Postcolonialist, LLC. Before using this site, please carefully read these terms of use, as well as our reprint permission and privacy policies, contained elsewhere on this site and incorporated herein (collectively referred to as “terms of use”). Your use of The Postcolonialist signifies your agreement to these policies. If you do not agree to these policies, you may not use The Postcolonialist.

Subscription Information and Security

For those holding subscriptions to The Postcolonialist, you agree to provide, maintain and update true, accurate, current and complete information about yourself. If you have reason to believe that your account is no longer secure, it is your responsibility to let us know immediately.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

Rules

Without limiting the foregoing, you agree you will not:

• provide any false personal information in your posts;
• intimidate or harass any user;
• harvest, collect, or use addresses, phone numbers, email addresses or other contact information of The Postcolonialist users;
• do anything that is illegal, infringing, fraudulent, malicious or could expose The Postcolonialist users to harm or liability; or
• attempt, facilitate, or encourage any of the above.

You agree not to violate or attempt to violate the security of The Postcolonialist, including, without limitation:

• accessing data not intended for you or logging into a server or account that you are not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, The Postcolonialist;
• sending unsolicited e-mail, including promotions and/or advertising of products or services;
• forging any TCP/IP packet header or any part of the header information in any e-mail or posting; or
• attempting, facilitating, or encouraging any of the above.

Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve violations of the law or of the security of The Postcolonialist. We may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

We reserve the right to disclose any information about you or your use of The Postcolonialist in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy these terms of use, and other incorporated policies of The Postcolonialist, any applicable law, regulation, legal process or governmental request.

We cannot and do not assure that other users are or will be complying with the foregoing Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We may change The Postcolonialist or delete content or features in any way, at any time and for any reason or no reason.

Compliance with Law

We reserve the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using The Postcolonialist in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any information/data relevant to such compliance and turn all or a portion thereof over to law enforcement officials.

Submissions

User or third party submissions or postings are the views of the author or poster and do not necessarily reflect the views of The Postcolonialist. The Postcolonialist reserves the right to edit any postings or material submitted to it, for any reason. The Postcolonialist has the sole discretion over whether to publish, edit or delete any material submitted to the The Postcolonialist website. By submitting any postings, comments or other messages to The Postcolonialist, the contributor gives The Postcolonialist all rights to the material and authorizes The Postcolonialist to publish the material in any media now known or hereafter developed, and to use, adapt, recast, distribute, display, perform, or transmit it in any way, as The Postcolonialist may determine in its sole discretion. By submitting your name or other identifying data with a posting or other submission, you give The Postcolonialist the right to publish that data, and to use that data for promotional or any other purpose. Please do not submit any confidential, proprietary, or copyrighted material without authorization of the owner. The posting of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation is prohibited. Submission of any material that is obscene, defamatory, or that infringes any trademark, copyright, privacy right, or other legal right is strictly prohibited.

The Postcolonialist disclaims any responsibility for messages or comments posted on its site. The Postcolonialist does not generally review these messages and has no responsibility for their content. The Postcolonialist reserves the right to review or edit such messages, and to restrict or deny access to our website accordingly.

Disclaimers and Limitations of Liability

All articles, commentary, and/or other analysis appearing on this site are those of the author alone. The Postcolonialist does not endorse the views, opinions, or recommendations appearing on its site and specifically disclaims, to the fullest extent permitted under the law, any and all representations or warranties, express or implied, as to the The Postcolonialist website and its content including without limitation, any representations or warranties of accuracy, completeness, timeliness, noninfringement, or merchantability of fitness for a particular purpose.

Although we attempt to ensure the integrity and accurateness of The Postcolonialist, we makes no guarantees whatsoever as to the correctness, accuracy, and/or reliability of the site, nor of any review, advice, opinion, statement, or other information displayed or provided through the site. The Postcolonialist does not warrant or make any representations regarding the use or the results of the use of any information, content, materials, or services contained on or offered, made available through, or otherwise related in any way to The Postcolonialist. In no event will The Postcolonialist be liable to you or any third party for any decision taken in reliance on The Postcolonialist’s content. By using The Postcolonialist, you acknowledge that any reliance upon any such review, opinion, advice, statement memorandum, or information shall be at your sole risk.

Furthermore, we do not warrant that The Postcolonialist will be uninterrupted, that defects will be corrected, or that The Postcolonialist or the servers that provide such information, content, or materials are free of viruses or other harmful components. In addition, we are not liable for (1) any incompatibility between The Postcolonialist and any website, service, software, or hardware or (2) any delays or failures you may experience with any transmissions or transactions relating to The Postcolonialist. The Postcolonialist disclaims all liability and responsibility for any errors, omissions, bugs, viruses, or other problems with the site and for any damage caused thereby.

Your sole remedy for any problem or concerns with The Postcolonialist is to leave the website. By using this site, you agree to hereby release The Postcolonialist and its affiliates, licensors, licensees, distributors, agents, advertisers, supporters, contributors, representatives, and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns [hereinafter the The Postcolonialist Group] from any and all liability or obligations arising from the access or use of the The Postcolonialist website, or any public forum or other area of the The Postcolonialist website.

The The Postcolonialist Group shall not be liable to you or any third party for any direct, indirect, incidental, special or consequential damages including, without limitation, lost profits, personal injury (including death), and property damage of any kind whatsoever, that result from (1) the use of, or the inability to use, The Postcolonialist or content, materials, or functions therein, or (2) the conduct or actions, whether online or offline of any user of The Postcolonialist or any other person or entity, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses and causes of action whether in contract or tort (including but no limited to, negligence) or otherwise exceed the amount paid by you for accessing or participating in any activity related to The Postcolonialist, if any, or $100 (whichever is less).

You hereby agree to indemnify, defend, and hold the The Postcolonialist Group harmless from and against any and all losses, damages, liabilities, and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the The Postcolonialist Group in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In addition, The Postcolonialist reserves the right to restrict or limit your access to the The Postcolonialist website, for any reason or for no reason.

Moreover, under no circumstances shall the The Postcolonialist Group be held liable for any delay or failure in performance resulting directly or indirectly from any act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the The Postcolonialist Group.

The limitations, exclusions, and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

Jurisdictional and Venue Issues

You agree that any action at law or in equity arising out of or relating to these terms of use, and other policies incorporated herein, shall be filed, and that venue properly lies, only in the state or federal courts located in Connecticut, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Changes to the Terms of Use

If we make a material change to these terms of use we will post a notice on this page. Your use of The Postcolonialist following any such notice will signify and constitute your assent to and acceptance of such revised terms of use.

General Provisions

Your use of The Postcolonialist signifies that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. These terms of use shall be governed by and construed in accordance with the laws of Connecticut and/or the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use, and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provisions, and our failure to assert any right or provision of the terms of use shall not constitute a waiver of such right or provision.

Violations

Please report any violations of these terms of use to info@postcolonialist.com

[Updated November 15, 2013]