Terms & Conditions – Blog Submissions
Our community blog exists because we believe media reviews are an art form when written subjectively. We want our writers to explain their experiences with media, not attempt to weigh its objective value.
If you can write about films, TV shows, video games, or books in a way that is unique to you and your life experience, then you may have what we’re looking for. We encourage writers of all types and walks of life to submit. Make sure to tell us the category of media into which you believe your article belongs, and why your experience was meaningful.
Thanks so much for submitting to our endeavor, and we look forward to meeting you and your piece!
Pitches and queries may be emailed to our team via the Contact Us page.
Smooth Blend Blvd, LLC (“SBB,” “we”) still reserves the right to only publish those works of which we approve, and if we are interested in publishing, you may hear from us. We publish two original articles maximum weekly, in accordance with our submission capacity. As a result, if your submission is accepted, your publication date may be placed far in the future. We reserve the right to determine publication dates, and terminate publication plans if our proposed date does not work for you.
By submitting this form or sending your pitch/article to our email, you acknowledge that you agree to be bound by our Terms and Conditions.
By submitting a pitch, query, or full article (hereafter “submission”), the person providing the submission or filling out the pitch form (hereafter “You”) is representing that you understand these Terms and Conditions and give your consent to be contractually bound by them. You agree that there is no confidential relationship between you and SBB as a business entity nor the SBB editorial staff, nor will there be a confidential relationship if SBB publishes the article, query, or pitch you submit (hereafter “your Work”).
A. By your submission, you represent to SBB the following:
1. You are 18 years of age or older;
2. You have sole and exclusive rights to your Work;
3. Your Work is original, and written by you;
4. You have the right to grant SBB rights to your Work;
5. SBB’s publication of your Work will not violate the rights of any third party; and
6. If you do not know nor suspect any claims which may arise as the result of your Work, you waive your rights relating thereto and release all claims you could make against SBB, even if that knowledge would have materially affected your submission.
B. By your submission, you agree that:
1. SBB is not obligated to keep a copy of your Work in any way, be it archive, published in print or digital, or otherwise—you are responsible for keeping a copy of your Work, and SBB is not obligated to provide you a copy should you ask for one;
2. You discharge SBB from any and all liability related to SBB’s use of your Work;
3. SBB has no obligation to choose your Work for publication in any way;
4. If SBB chooses to publish your Work, SBB reserves the right to develop, duplicate, print, delete, or advertise using it (with attribution) without providing you notification or additional consideration;
5. SBB has made no promises to you regarding your Work, and that there are no past or present oral agreements between you and SBB regarding your Work;
6. These Terms and Conditions are intended by you and SBB to be the final iteration of the agreement regarding your Work, and the terms herein are complete and exclusive; and
7. Notwithstanding anything herein which may be to the contrary, you agree that SBB may use any part of your Work which is not protected by copyright (including but not limited to ideas, historical or factual substance, elements in the public domain, whether obtained from other sources or not) without limitation or obligation to you.
C. By your submission, you consent to be bound by the following Dispute Resolution terms:
1. Mandatory Arbitration. You agree that any disputes, claims, or controversies arising from or related to this agreement or SBB’s use of your Work (hereafter “Dispute”) will be subjected to good faith negotiation. If, after good faith negotiation, the Dispute has not been resolved, and either you or SBB wishes to continue the matter, you agree that the Dispute will be submitted to final and binding confidential arbitration at the Seattle, Washington, USA office of JAMS, or its successor (“JAMS”), according to the JAMS Streamlined Arbitration Rules and Procedures (hereafter “Arbitration). This arbitration will be conducted between a single, neutral arbitrator, who will follow Washington law. Both you and SBB will share arbitration costs and fees equally, but both you and SBB will bear sole responsibility for each of your own incurred attorney’s fees.
2. Punitive Damages. You and SBB agree to waive seeking punitive damages. The arbitrator will have no authority to award such damages. Both you and SBB consent to the personal jurisdiction of the state and federal courts located in Seattle, Washington, for purposes of confirming or enforcing any arbitration award. Both you and SBB acknowledge that this means you both waive the right to a civil court action or jury trial concerning the matters contained herein. Only an arbitrator, not a judge or jury, will have the authority to decide the Dispute between you and SBB.
3. Action Time Limitations. You agree that any Dispute between you and SBB, whether handled by an arbitrator or commenced in court, must be filed within six (6) months of SBB’s initial publication of your Work, or any features or elements thereof claimed by you, or sixty (60) days after SBB denies any liability to you for allegations related to your Work, whichever is earlier.
4. Costs and Fees. In any legal action involving a Dispute between you and SBB, you agree that each party is responsible for its own legal costs, including arbitration costs, court costs, depositions, attorney’s fees, expert fees, research fees, and any other discovery fees incurred over the course of the Dispute. However, in the event that you are unsuccessful in your action against SBB, you agree to promptly reimburse all of SBB’s expenses and costs incurred related to defending against your Dispute. If you bring any action against SBB related to your Work, any recovery will be limited to an action for damages, if any, and in under no circumstances will you be entitled to equitable relief, including but not limited to an injunction.
INDEMNIFICATION & HOLD HARMLESS. You indemnify and will defend (if SBB requests it), and hold harmless SBB from and against any claim, loss, obligation, liability, or expense (including attorney’s fees and costs, without limitation) which may be asserted against or incurred by SBB in connection with its use of your Work, and/or any breach by you of any representations, warranties, and agreements herein.
PRIVACY RIGHTS. By agreeing to these Terms and Conditions, you consent that SBB may use, advertise with, and store for reasonable business use related to SBB’s publication work the name you provide and any personal information alluded to or mentioned expressly in your Work. You retain your right to request SBB delete any such information, including but not limited to deleting your Work from SBB’s archive without further consideration to you.
SEVERABILITY. If any provision in these Terms and Conditions is deemed void or unenforceable, it shall be deemed omitted to the minimum extent allowable and necessary, and all other portions of these Terms and Conditions shall remain in full force and effect. Any modification or waiver of these Terms and Conditions must be made in writing and signed by both you and SBB representatives.
Terms & Conditions – Copyright and Content
Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country/State refers to Washington State, United States
- Smooth Blend Blvd (referred to as either “SBB,” “the Company,” “We,” “Us,” or “Our” in these Terms and Conditions) refers to Smooth Blend Blvd LLC, 100 N Howard St Ste R, Spokane, WA 99201 US.
- Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.
- Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third party that is displayed, included, made available, or linked to through the Service.
- Website refers to Smooth Blend Blvd, accessible from smoothblendblvd.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.
Copyright Notice
Without limitation, all copyrighted or copyrightable content on the SBB site (including our logo, designs, sound files, software, graphics, text, videos, pictures, and the combination of the aforementioned, and more) are the property of SBB and its licensors, with all rights reserved. None of our content can be republished, copied, displayed, posted, distributed, or reproduced without prior written permission of SBB; this limitation applies to transmission in any form, including photocopying, screenshotting, copy-pasting, or any other form or means of duplicating our content via electronic or mechanical methods.
You may copy or distribute our content for personal, informational, or non-commercial use, granted that you will not, without our prior written consent, 1) change anything in the original content, 2) remove or alter legal notices provided in the content, or 3) re-post or distribute our content for journalistic, network, or publications media.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Links from a Third-Party Social Media Service
The Service may display, include, make available, or link to content or services provided by a Third-Party Social Media Service. A Third-Party Social Media Service is not owned or controlled by the Company, and the Company does not endorse or assume responsibility for any Third-Party Social Media Service.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your access to or use of any Third-Party Social Media Service, including any content, goods, or services made available through them. Your use of any Third-Party Social Media Service is governed by that Third-Party Social Media Service’s terms and privacy policies.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country/State, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Mandatory Arbitration
You agree that any disputes, claims, or controversies arising from or related to these Terms and Conditions or Your use of Our Service (hereafter “Dispute”) will be subjected to good faith negotiation. If, after good faith negotiation, the Dispute has not been resolved, and either You or SBB wishes to continue the matter, You agree that the Dispute will be submitted to final and binding confidential arbitration at the Seattle, Washington, USA office of JAMS, or its successor (“JAMS”), according to the JAMS Streamlined Arbitration Rules and Procedures (hereafter “Arbitration).
This arbitration will be conducted between a single, neutral arbitrator, who will follow Washington law. Both You and SBB will share arbitration costs and fees equally, but both You and SBB will bear sole responsibility for each of Your own incurred attorney’s fees.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us by visiting this page on our website: smoothblendblvd.com/contact-us
Smooth Blend Blvd 