Terms of Use and Privacy Policy

It is Likewise Press’ policy to respect your privacy regarding any information we may collect while operating our website and publications. In general, personally identifying information collected will not be shared in any form for any reason. If you as a user wish to have your information removed from Likewise Press publications and/or databases, please contact us and we will make a good faith effort to permanently remove the information requested.

The following terms and conditions govern all use of the Likewise Press website and all content, services and products available from Likewise Press. The Likewise Press website, content, services, and products are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this site.

Please read this agreement carefully before accessing or using the website, content, services, or products made available by Likewise Press. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by X-R-A-Y Literary Magazine, acceptance is expressly limited to these terms.

The Creative Cafe is a Likewise Press publication hosted on Medium.com. As such, all content published operates under Medium’s usage and privacy policy.

ICONS is a print publication of Likewise Press. Upon acceptance, non-exclusive worldwide print publication rights are granted to Likewise Press by the contributor. Termination of these rights must be requested in writing.

Nightcap is an email publication of Likewise Press. Upon acceptance, one-time digital publication rights are granted to Likewise Press by the contributor.

All other published works may be negotiated individually between Likewise Press and the contributor. The terms and rights granted will be determined exclusively by the agreement related to the specific work in question.

In addition, the following conditions apply to all publications and content provided by Likewise Press provided they do not interfere or nullify any agreements entered to in direct relation to the preceding publications:

1) Responsibility of Contributors

If you publish, comment on, or otherwise post material to Likewise Press publications, you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

  • you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;

  • the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

  • the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

  • the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and

  • your content is not named in a manner that misleads your readers into thinking that you are another person or company.

By submitting content to Likewise Press, you grant Likewise Press a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your work.

Without limiting any of those representations or warranties, Likewise Press has the right (though not the obligation) to, in Likewise Press’ sole discretion (i) refuse or remove any content that, in Likewise Press’ reasonable opinion, violates any Likewise Press policy or is in any way harmful or objectionable.

2) Responsibility of Website Visitors

Likewise Press does not claim to have reviewed, and cannot review, all of the material included in its publications, and cannot therefore be responsible for that material's content, use or effects. Likewise Press does not necessarily represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. Publications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Likewise Press publications may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Likewise Press disclaims any responsibility for any harm resulting from the use by visitors of its publications.

3) Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material made available through Likewise Press publications and other sites mentioned in the content posted. By linking to a non-Likewise Press website or webpage, Likewise Press does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Likewise Press disclaims any responsibility for any harm resulting from your use of non-Likewise Press websites and webpages.

4) Copyright Infringement and DMCA Policy

As Likewise Press asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by a Likewise Press publication violates your copyright, you are encouraged to notify Likewise Press. Likewise Press will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

5) Indemnification. 

You agree to indemnify and hold harmless Likewise Press, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

6) Miscellaneous

This Agreement constitutes the entire agreement between Likewise Press and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Likewise Press, or by the posting by Likewise Press of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of this website will be governed by the laws of the state of Texas. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Likewise Press may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

7) Rights

Upon acceptance, Likewise Press acquires 1) non-exclusive worldwide rights to publish in any or all versions of its publications and other Likewise Press affiliated media, including domestic and foreign, whether in the English language or translated into a foreign language, including any successor, similar or replacement versions thereof, and 2) the right to use your name and likeness in a fair and dignified manner and to publish information about you in connection with the advertising and promotion of Likewise Press publications.

8) Business Transfers

If Likewise Press, or substantially all of its assets, were acquired, or in the unlikely event that Likewise Press goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Likewise Press may continue to use your personal information as set forth in this policy.

9) Privacy Policy Changes

Although most changes are likely to be minor, Likewise Press may change its Terms of Use and Privacy Policy from time to time, and in Likewise Press’ sole discretion. Likewise Press encourages visitors to frequently check this page for any changes to its Terms of Use and Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.