1. TERMS AND CONDITIONS
The Company provides visitors to its Web Site with access to postings (“Postings”) via the World Wide Web and offers the opportunity for registered users to similarly submit Postings. The Company also provides registered users with the opportunity to submit content, text, graphics, photographs and news articles (“Articles”) for posting on the Web Site. As a Registered User, you agree that you are a non-voting member (“Member”) of the Company with no right to financial or other allocations or distributions from the Company. Membership means that any one (1) individual person may have only one (1) Member account. Membership is not transferable. You further acknowledge and warrant that you have provided the Web Site with your current correct legal address. You further acknowledge that you are solely responsible for the Postings, the Articles, or other information you publish, display or otherwise communicate in any manner or transmit to others. The Company does not and cannot make any warranty or guarantee about the accuracy, validity, or timeliness of any information provided in the Articles or Postings. By submitting a Posting or an Article, you, the Registered User, are warranting that the content of such Posting or Article, if factual, is accurate and that you have obtained all necessary permission to publish such content. JewishNewsSite.comJewishNewsSite.org serves the Orthodox Jewish community. Therefore, the Company reserves the right to refuse Postings and Articles that run contrary to the values of our users. You agree not to post another person’s personal information, including but not limited to name, e-mail or physical address, telephone number, or other personal information, without that person’s explicit consent.
JewishNewsSite.comJewishNewsSite.org has the right, but not the obligation, to verify or censor any content. All Articles and Postings, upon submission to the Web Site, become the sole property of the Company. You agree that you shall not post the same material or information to multiple cities or states within the Web Site, except as permitted, within the same Posting if the same is available for that particular category. All e-mails sent through the Web Site are copied by the Web Site and can be viewed by the Company.
2. NO LIABILITY OR DAMAGES FOR CONTENT
Regarding published Articles or Postings submitted by Registered Users, the Company claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for content provided by third parties and members and nothing in this agreement is intended to waive or remove such immunity. In no event shall the Company be liable to you or to any other party for damages or losses in connection with content including but not limited to slander and/or defamation of character.
3. DISCLAIMER OF WARRANTY
Please be advised that the Company uses its best efforts to maintain the accessibility and operability of the Web Site but does not warrant that the Web Site will operate uninterrupted or error-free. The Company advises you, the User, that the Internet is used at your own risk without any expectation of indemnity or entitlement to consequential damages, including lost profits and lost business. To the fullest extent permitted by law, the Company, our officers, directors, employees, agents, representatives, successors and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the Web Site or from any computer virus or other harmful code transmitted through the Web Site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage.
The Company hereby disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability of information or material in this Web Site. The Company further disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The Company disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Web Site. You, the Member, will bear all risk associated with any content that you access.
THIS WEB SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEB SITE. THE COMPANY SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEB SITE OR THROUGH ANY LINKS PROVIDED IN THE WEB SITE.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE WEB SITE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEB SITE, PRODUCTS OR SERVICES, FROM THE INABILITY TO USE THE WEB SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEB SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THIS WEB SITE.
THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to defend, indemnify and hold the Company, and its officers, directors, employees, agents, representatives, successors and assigns harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of the Web Site, including claims relating to Articles, Postings, or content you submit to or transmit through the Web Site, and arising out of or related to your connection to and use of this Web Site. The Company reserves the right to control any defense and control any other matter subject to indemnification by you. You agree to cooperate with the Company in asserting any available defenses.
The Company claims exclusive service mark rights in the name JewishNewsSite.comJewishNewsSite.org. All trademarks and logos featured on JewishNewsSite.comJewishNewsSite.org are owned by the Company or are displayed pursuant to licenses obtained from the owners of those trademarks and logos, and may not be used without the written consent of the owners of such trademarks and logos. All users of the Web Site agree not to post, use, copy, modify, transmit, show in public or private, distribute or reproduce in any way any service mark, trademark, or other intellectual property without obtaining the prior consent of the owner of such proprietary rights. Use of any of our trademarks as metatags on any other web site also is strictly prohibited.
6. COPYRIGHT AND LICENSES
Except for public domain material, this Web Site is protected by intellectual property laws, including U.S. copyright laws. Except to the extent required for the limited purpose of reviewing material on our Web Site, copying, publication, adaptation, distribution, performance or display of any content or functionality on our Web Site (even if you are the Registered User who originally submitted it) is prohibited. You may not display the Web Site in frames (or any of the Postings via in-line links) without the Company’s express written permission, which may be requested by contacting the Company through e-mail. By posting information, content, Articles or Postings to any public area of the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display, distribute, prepare derivative works of, or incorporate into other works, such Articles and Postings, and to grant and authorize sub-licenses of the foregoing for all of the foregoing rights in any medium whatsoever for any purpose, including, but not limited to, advertising and promotional purposes. You acknowledge that you will receive no credit or compensation for any such Article or Posting.
7. LINKS AND THIRD PARTY SERVICES
You may establish ordinary links to the home page of our Web Site without our written permission. The Company may produce automated search results or otherwise link you to other sites on the Internet (“Linked Sites”). Such Linked Sites may contain information or material that some people may find inappropriate or offensive. These Linked Sites are not the Company’s property and are not under the Company’s control, and you acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such Linked Sites. The inclusion of such a link does not imply endorsement or sponsorship of, or affiliation with a Linked Site by the Company, or any association with its owners or operators. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with such Linked Sites.
8. USAGE POLICY FOR THOSE SUBMITTING MATERIAL
By posting or submitting Articles or Postings to this Web Site, you:
a. Agree that you, and not the Company, are solely responsible for all content or information, including text, communications, software, images, sounds, data, or other information that you upload, post, publish, display, e-mail or otherwise transmit via our Web Site or to another Registered User.
b. Agree that the Company does not guarantee the accuracy, integrity, appropriateness or quality of any Posting. You will not upload, post, e-mail or otherwise transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that potentially infringes or violates another party's rights without such party’s express written permission (including, but not limited to, intellectual property rights, and rights of privacy and publicity such as any personally identifying information including social security, driver’s license or passport numbers, addresses, telephone/fax numbers, references to business or personal addresses, employer's names or e-mail addresses). Further, you will not upload, post, e-mail or otherwise transmit language, images or other material relating to children that is abusive, sexual, offensive, obscene or pornographic, or any other material that could result in any civil or criminal liability under state or federal law. You will not upload, post, e-mail or otherwise transmit any information or content that is confidential or proprietary by law or agreement, such as insider information or information learned in a fiduciary capacity.
c. Agree to use the Web Site in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You acknowledge that you are not located in, under the control of, or a national or resident of any country that is the subject of a United States or United Nations sanction, control or embargo.
d. Acknowledge and agree that the Company does not accept Postings relating to the sale, lease, purchase or finance of real estate and you agree that you will not submit any such Posting.
e. Agree not to upload, post, e-mail or otherwise transmit any information or content that: (i) is false, deceptive, misleading, inaccurate or that could be construed as a "bait and switch" tactic; (ii) advertises the sale of anything, the sale of which is prohibited by applicable law; (iii) advertises any illegal service; or (iv) falsely purports to be from any individual or entity or misrepresents your affiliation with any individual or entity.
f. Agree not to post, e-mail or otherwise transmit information or content by the use of any automated device.
g. Agree that the Company is not obligated to maintain back-up copies of any Articles or Postings and shall have no liability for failure to maintain such items. We recommend that you retain a copy of all Articles or Postings that you submit.
h. Agree and understand that the Company encourages the submission of ideas and suggestions from users relating to the use and improvement of the Web Site. The Company may use such suggestions or ideas for any purpose whatsoever; however, the Company is under no obligation to incorporate yours or other users’ ideas or suggestions into its services or Web Site, and in no event will the Company provide compensation for the submission of ideas or suggestions. You understand that any and all intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, or works of authorship developed or created by you or another user in submitting ideas or suggestions to the Web Site will belong exclusively to the Company upon submission.
9. USAGE POLICY FOR THOSE USING THE WEB SITE
By using this Web Site, you agree that you shall not:
a. Use misleading e-mail addresses, forge headers or otherwise manipulate any identifying information in order to disguise the origin of any content transmitted through the Web Site;
b. Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
c. Interfere with or disrupt (or attempt to interfere with or disrupt) the Web Site or servers or networks connected to the Web Site, or engage in any activity that diminishes the quality or interferes with the performance of the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
d. Disrupt the normal flow of content through the Web Site by flooding it with an excessive amount of content, or otherwise negatively affect other users’ ability to use the Web Site;
e. Contact anyone who has requested not to be contacted, or harass or “stalk” anyone;
f. Collect personally identifiable information about other users for illegal or commercial purposes;
g. Use any automated device or means, including but not limited to spiders, robots, crawlers or other data mining tools, to download data from the Web Site.
10. GOVERNING LAW AND VENUE
11. ENTIRE AGREEMENT AND REMEDIES
The Company reserves the right at all times to disclose any information posted by you or any other Member as necessary to satisfy any law, regulation or governmental request.
The Company welcomes your comments on this Web Site. Please send any comments to webmaster@JewishNewsSite.org.