GENERAL RULES AND DEFINITIONS
- If you choose to use the Philanthropy Journal web service (the “Service”), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Philanthropy Journal (“PJ”), an online news service of the A.J. Fletcher Foundation in Raleigh, NC.
- If you do not agree with this agreement, you may delete your membership and/or cancel your subscription to the electronic bulletin by sending an email to email@example.com. If you continue with this service, now, or following any changes posted to this agreement, it shall indicate your acceptance of these rules and/or modifications.
- PJ may change, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. PJ may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
II. PJ CONTENT AND SUBSCRIBER SUBMISSIONS
- The contents of the PJ online news service are intended for your personal, noncommercial use. All materials published on PJ (including, but not limited to, news articles, photographs, images, and illustrations, “Content”) are protected by copyright, and owned or controlled by Philanthropy Journal, the A.J. Fletcher Foundation, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
- The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein.
- You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part without the written consent of Philanthropy Journal and/or A.J. Fletcher Foundation. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Philanthropy Journal, or the copyright holder identified in the copyright notice contained in the Content.
III. MESSAGE BOARDS, FORUMS AND CHAT ROOMS
- You shall not upload to, distribute, or otherwise publish on the message boards (the “Boards”) any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. Please be respectful to other members posting information. You agree that you will not threaten or verbally abuse other Subscribers, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
- Use respectful language. Like any community, the Boards flourish only when our Members feel comfortable. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, or disability. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
- Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. PJ encourages active discussions and welcomes friendly debate in our Boards. But personal attacks may be grounds for immediate and permanent suspension of access to all or part of the Service.
- You shall not, without the express approval of PJ, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
- You are solely responsible for the content of your messages. PJ reserves the rights to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
- You acknowledge that any submissions you make to the Service (e.g. Letter to the Editor, Review, or Commentary) may be edited, removed, modified, published, transmitted, and displayed by PJ and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
- PJ contains links to other related World Wide Web Internet sites, resources, and sponsors of PJ. Since PJ is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
V. REPRESENTATIONS AND WARRANTIES
- You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless PJ and all officers, directors, owners, agents, information providers., affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. PJ reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- Neither PJ nor the A.J. Fletcher Foundation represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity on our message boards or chat rooms. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The service and all downloadable software are distributed on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of the service is at your sole risk.
VI. REGISTRATION AND SECURITY
- As part of the registration process, you will select a login and password. You also are asked to provide certain registration information, all of which should be accurate and updated. (a) You may not (i) select or use a login of another person with the intent to impersonate that person; (ii) use a login in which another person has rights without such person’s authorization; or (iii) use a login that PJ, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
- You shall notify firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
- You must be 13 years old or older to subscribe to the Service; however, persons of all ages may use it.
Thus, you may share your login and password with others, subject to Section 6.4.
- You are responsible for all usage or activity on your PJ account, including use of the account by any third party authorized by you to use your login and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at PJ’s sole discretion, and PJ may refer you to appropriate law enforcement agencies.
VII. COMMUNICATIONS FROM PJ
- PJ reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
- PJ reserves the right to disclose aggregated information that reflects your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information.
- You may terminate your account at any time by sending e-mail to email@example.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours, no later than 2 days.
- PJ may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
- This Agreement has been made in and shall be construed and enforced in accordance with North Carolina law. Any action to enforce this agreement shall be brought in the federal or state courts located in Raleigh, North Carolina.
- Official correspondence must be sent via postal mail to:
Attn: Customer Service
PO Box 12800
Raleigh, NC 27605
- You agree to report any copyright violations of the Subscriber Agreement to Philanthropy Journal as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in Philanthropy Journal web service, please notify Todd Cohen, PO Box 12800, Raleigh, NC 27605, 800-853-0801, e-mail: firstname.lastname@example.org. (Please direct all general questions to email@example.com.)