Terms of Use

Last Updated: September 15, 2011

1. BINDING TERMS OF USE

Welcome to the Journalist.org website (the “Site”), provided to you by the Online News Association (“ONA”). In these Terms of Use, the terms “we,” “us,” or “our” refer to ONA, and the term “you” and “your” refer to you as a user of the Site.

These Terms of Use constitute a binding legal contract between you and us and set forth the terms that govern your access to and use of the Site; please read them carefully. When using the Site, you may be subject to other posted guidelines or rules applicable to certain services available on the Site. All such guidelines and rules are part of these Terms of Use. Accessing the Site in any manner, even through automated means, constitutes your use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to modify these Terms of Use in the future as we deem necessary. If we do modify these Terms of Use, we will post the updated Terms of Use on this Site and change the “Last Updated” date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.

We reserve the right to deny access to this Site, or any service provided via this Site, to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy this Site, or infringes the rights of others.

If you find any material on this Site that you believe to be inaccurate, we encourage you to bring it to our attention. Please forward a description of the material, the URL at which it is located and an explanation of your objection to the material to website@journalists.org.

2. PRIVACY

We respect the privacy of the users of our Site. Please take a moment to review our Privacy Policy.

3. RIGHTS AND RESTRICTIONS RELATING TO SITE CONTENT

License Grant. We may provide via the Site information, data, text, images, video and audio recordings and other materials created by us or our licensors or uploaded to the Site by our advertisers, members, other users and/or third party partners (the "Content"). The Content available through this Site is our property or the property of our affiliates, advertisers, members, other users, third party partners and/or licensors, and is protected by state, national and international copyright, trademark and other intellectual property laws. Unless otherwise specified or authorized by us, the Site is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content from the Site without our authorization. If you download material from the Site for your personal, non-commercial use, you must keep intact all copyright and other proprietary notices. You may not otherwise reproduce or distribute any of the Content of the Site without our prior authorization . Of course, you're free to encourage others to access the information themselves on our Site and to tell them how to find it.

Trademarks. The ONA trademarks, service marks, product and service names that appear on the Site are the property of ONA. You agree not to display or use in any manner any such marks or names without our prior permission.

Linking and Framing. You may establish a hypertext link to this Site, including display of Site RSS feeds, so long as the link does not state or imply any sponsorship of or affiliation with your site by us. However, you may not, without our prior permission, frame any of the content of the Site, or incorporate into another website or other service any material, content or intellectual property belonging to us or any of our licensors.

4. USER-SUBMITTED CONTENT / INTERACTIVE FEATURES

Responsibility for User-Submitted Content. Our Site may include interactive features, such as discussion groups, blogs, forums and other community publishing areas that allow members and other users to post content and materials for display on the Site. You will be solely responsible for any and all content and materials of whatever nature that you post on, transmit to or link to from the Site. You agree to indemnify and hold ONA and its affiliates, agents, representatives, directors, officers, employees and licensors, harmless from any liability of any nature arising out of or related to any content or materials submitted to or displayed on the Site by you or by others using your user account.

Your License to Us. By submitting material to us, you represent that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any interactive area of this Site, such as any discussion group, blog, forum, or other community publishing area, you agree that we, including our partners, agents, representatives, affiliates and service providers, may reproduce, modify, disclose and distribute such material as we see fit in any medium and for any purpose. You grant us, and our partners, agents, representatives, affiliates and service providers, the worldwide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, disclose, distribute, adapt, broadcast, translate, create derivative works from, perform and publish such material (in whole or in part) on the Site, or otherwise, and/or to incorporate it into other works in any form, media or technology now known or later developed. You also agree that we, including our partners, agents, representatives and service providers, may identify you as the author of any of your postings by name, email address or screen name as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for any materials submitted by you.

Prohibited Acts. By using our Site, you agree that you will not submit, post or otherwise make available on the Site any content or material:

• that is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy the Site;

• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

• that harms minors in any way;

• that impersonates any person or entity, including, but not limited to, a Site employee, forum moderator or another user, or that falsely states or otherwise misrepresents your affiliation with a person or entity;

• that includes personal or identifying information about another person without that person's explicit consent;

• that is false, deceptive, misleading, or deceitful;

• that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;

• that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• that constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;

• that interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site; or

• that intentionally or unintentionally violates any applicable local, state, national or international law.

You further agree that you will not collect personal data about, or the email addresses of, other Site users or ONA members for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users’ ability to use the Site.

General Restrictions. You acknowledge that we may establish general practices, limits and restrictions concerning use of any public posting areas of our Site, and the posting of content, information or materials by users of the Site. These restrictions may include a limit on the number of days that message board postings or other submitted content will be displayed on the Site and/or retained by us and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. We assume no responsibility or liability for the deletion, corruption or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware or software. We reserve the right to change these general practices, limits and restrictions at any time, in our sole discretion, with or without notice.

Disclosure of User Submissions. We have the right (but not the obligation), in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons. You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, our officers, directors, affiliates, staff, representatives, or members or other users, and/or the public.

5. SITE REGISTRATION / ONA MEMBERSHIP

While some areas of our Site are available to the public, many of the features and services that are available on the Site are made available only to ONA members (the “Member Areas”). To access the Member Areas, you will be asked to register with us on the form provided. The registration may require you to submit certain personally identifying information (such as your name and email address) and to provide certain demographic information (such as your gender and date of birth). If you are not an ONA member, you can request membership by visiting the “Become a Member” section of the website. Your membership application may be reviewed by us before access to the Member Areas is granted. You agree that you will not submit a membership request or attempt to register for the Member Areas if you under the age of 13. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. If we suspect that any information you have submitted is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your membership account and/or your Site registration and to refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

When submitting a membership request or registering for the Member Areas of the Site, you will be asked to create a username that will be associated with your account. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. You also will be assigned a password to access the Member Areas of the Site, and will have the opportunity to change that password via the account tools that are provided to you on the Site. You are responsible for maintaining the confidentiality of your username, password and account, and are responsible for all activities (whether by you or by others) that occur under your account. You agree to notify us immediately of any unauthorized use of your username, password or account or any other breach of security, and to ensure that you exit from your account at the end of each browsing session. You alone are liable for any loss or damage arising from your failure to protect your username, password or account information.

6. ONLINE PURCHASES

This Site may (now or in the future) offer the ability to purchase one or more products or services offered by us or by third parties. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to only to make purchases for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

7. JOB LISTINGS

The “Career Center” area of our Site permits registered users to post job openings, search job openings, and review ONA member resumes. We do not knowingly accept listings regarding employment that are not for bona fide job opportunities. We also do not knowingly accept listings that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that a listing posted on our Site discriminates on any illegal basis, or is otherwise illegal, please contact us at website@journalists.org. We encourage you to investigate fully and understand all aspects of any job you are considering.

8. YOUR RESPONSIBILITIES

You agree to use our Site in accordance with these Terms of Use. If you see something on the Site that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment. If you see something on the Site that you believe violates these Terms of Use, interferes with the ability of others to enjoy the Site, or is otherwise objectionable, please notify us using the “Report Abuse” link on our Site.

Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

9. MODIFICATIONS TO THE SITE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

10. NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. mail to Jonathan D. Hart, Dow Lohnes PLLC, 1200 New Hampshire Ave, NW, Suite 800, Washington, DC 20036 or by email to ONACopyright[at]DowLohnes[dot]com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.

11. SUSPENSION AND TERMINATION OF ACCESS

You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, and remove and discard any materials that you submit to the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

12. LINKS TO THIRD-PARTY SITES

Our Site may include links to websites offered or maintained by third parties. Linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such external websites, and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site(s). In addition, a third party may have privacy and data collection practices that are different from ours, and we have no responsibility or liability for these independent policies; we recommend that you read all applicable policies of such third party website(s) before submitting any personally identifying information.

13. USE OF CONTACT INFORMATION

Any and all contact information that is displayed on the Site, including the information contained in any member directories or other directories that may be provided on the Site, is provided for informational purposes only and is not to be used for marketing, telemarketing or solicitation purposes, regardless of whether such marketing, telemarketing or solicitation is commercial, non-commercial, charitable or political in nature. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind.

14. DISCLAIMERS

No Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE, OUR AFFILIATES, AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED. IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL(S) THROUGH THE SITE YOU DO SO AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT. Finally, we are not responsible for the conduct, whether online or offline, of any user of the Site.

Indemnity. You agree to indemnify and hold ONA and its affiliates, agents, representatives, directors, officers, employees and licensors, harmless from any claim or demand, including reasonable attorneys' fees related to such claim or demand, made by any third party due to or arising out of your use of the Site, your violation of our Terms of Use, or your violation of any rights of another.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

15. MISCELLANEOUS

These Terms of Use will be governed by and construed in accordance with the laws of the District of Columbia, United States, without regard to its conflict of laws provisions. By using this Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia in all disputes or proceedings arising out of or relating to these Terms of Use or your use of the Site. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service will remain in full force and effect. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

16. FEEDBACK

We welcome your questions or comments about our Site, and also welcome any suggestions you may have for improvement of our Site. Send your feedback to website@journalists.org.