Introduction and Acceptance of Terms
As used in this Agreement, “you” or “User” means both (a) the individual accessing, using or registering as a user of the Site or the existing user of the Site now agreeing to this Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entities specified by you upon registration or the use of the Site or the use or sharing of any the Site’s Content (“your entity”). You and your entity, if any, are jointly and severally liable for your obligations under this Agreement.
As used in this Agreement, “Content” means any graphics, photographs, illustrations, other visuals, audio, video, copy, text, software, titles, Flash or Shockwave files, or other visual representations generated optically, electronically, digitally, or by any other means, or any other material protected by copyright, trademark, patent, or other intellectual property right, which is licensed to, owned by, or used by the Foundation and is contained on the Site and/or any of the Site’s subdomains or related websites. Any reference in this Agreement to the Content will be to each individual item within the Content and also to the Content as a whole.
Scope of Applicability
- The Site may contain links to third party websites that are not owned or controlled by the Site or its affiliates. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. BY USING THE SITE YOU EXPRESLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE FOUNDATION AND ITS MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS FROM ANY CLAIMS, SUITS, LIABILITIES, LOSSES OR EXPENSES (INCLUDING ACTUAL ATTORNEYS’ FEES) WHICH ARISE FROM THIRD PARTY CLAIMS RELATING TO USE BY YOU OR ANY OTHER PERSON ACCESSING THE SITE THROUGH YOUR ACCOUNT.
- Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit.
Accounts and Site Usage
- Account. In order to access some features of the Site, you must create an account. You may never use another’s account without permission from us. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree that you will not allow others to access your account, nor will you use your account on the Site on an outsourcing basis or on behalf of third parties. You must notify the Site immediately, in writing, of any breach of security or unauthorized use of your account.
- No “bots.” You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or any other device, software, hardware, or program that accesses the Site in a manner that sends more request messages to the Site servers in a given period of time than a human can reasonably produce in the same time period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use any communication systems that may be provided by the Site for any commercial solicitation purposes.
- Liability for Loss. The Foundation will not be liable for any losses you sustain as a result of unauthorized use of your account. You will be further liable for all losses sustained by the Foundation or others due to such unauthorized use, including all costs, attorneys’ fees, and other damages that directly or indirectly relate to use by you or any other person accessing the Site through your account. In the event that the Foundation or its affiliates should bring any action or claim arising out of this Agreement against you in which we prevail, you must pay to us any and all costs incurred by the Foundation in enforcing the terms and conditions of this Agreement, including actual attorneys’ fees, court costs, and all other costs and fees associated with such action.
- Discontinuation of Services. We reserve the right to discontinue its website or any services offered on Site at any time.
- Termination and Suspension of User Account. We agree to provide you access to the Site and the services available on Site only as authorized in this Agreement. We reserve the right to reject your user registration by disabling your registered account. Even after acceptance, we may terminate or suspend your account and ability to use the Site in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users of your actions.
Ownership of Site and Site Content
Unless otherwise indicated in the Agreement documents, all of the Content is owned by the Foundation, the Detroit Jewish News, LLC, and/or, their respective affiliates, licensors or third-party partners.
Digital Millennium Copyright Act
- The Site and Foundation are protected under Title II of the Digital Millennium Copyright Act (“DMCA”). As such, the Foundation will respond to any allegations of copyright violations in accordance with the DMCA. Below you will find our policies and takedown notices as required by the DMCA. The following applies to any and all copyrights/trademarks and owners of intellectual property interested in utilizing this procedure, as well as service users interested in restoring access to material mistakenly taken down or not used due to a perceived DMCA violation or infringement of a third party’s intellectual property rights.The Foundation will follow the procedures provided in the DMCA to properly enforce rights of copyright holders. When a proper DMCA notification is received by the designated DMCA Agent, or an administrator becomes otherwise aware that copyright rights are infringed, we will remove or disable access to infringing materials as soon as possible. The Foundation will not necessarily send a confirmation regarding the removal/disabling.
- If you are a copyright owner or an agent thereof and believe that any other submission made by another user to the Site or services or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512I(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Agent. The Site’s designated Copyright Agent to receive notifications of claimed infringement may be contacted through 29200 Northwestern Hwy. Suite 110 Southfield, MI 48034. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, reports of abuse, requests for technical support, and other communications should be directed to the Site’s customer service contact through 29200 Northwestern Hwy. Suite 110 Southfield, MI 48034. You acknowledge that if you fail to comply with all the requirements of this Section your DMCA notice may not be valid.
- Counter-Notice. If you believe that any submissions submitted by you to the Site that was or were removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of Oakland County, Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the Foundation may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Foundation’s sole discretion.
We will act on all abuse reports and confront offending users. Users found to be guilty of this Agreement or any patent, copyright or trademark infringement will either receipt a warning or will prohibited from further using the Site, with sole discretion as to handling of the infraction remaining with us.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. THE FOUNDATION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE FOUNDATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME LIABILITY.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL THE FOUNDATION AND ITS MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, ATTORNEYS, OWNERS, OPERATORS, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, INSURERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER IN AN AMOUNT GREATER THAN THE LESSER OF EITHER AMOUNTS PAID BY USER TO THE SITE UNDER THIS AGREEMENT OR THE SUM OF TEN ($10.00) DOLLARS THAT RESULT FROM: (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN ANY SITE PROGRAMS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILBLE VIA SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FOUNDATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE STATE OF MICHIGAN. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SITE SHALL NOT BE LIABLE FOR USER’S CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL THE FOUNDATION BE RESPONSIBLE FOR ANY VIOLATION OF THIS AGREEMENT OR ANY DAMAGES DIRECTLY OR INDIRECTLY SUFFERED BY YOU AS A RESULT OF YOUR ACTIONS. The Site is controlled and offered by the Foundation from its facilities in the United States of America. The Foundation make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law in Michigan and the United States of America.
You agree to defend, indemnify and hold harmless the Foundation, and its parents, subsidiaries, shareholders, members, directors, managers, officers, employees agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) your use of or access to the Site; (ii) your violation of any provision of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Site.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Foundation without restriction.
You shall not make any communication that is intended or reasonably understood to disparage, criticize, condemn, or impugn the personal, professional, or business reputation of the Site, the Foundation, and the Foundation’s shareholders, members, directors, managers, officers, employees, licensors, attorneys, operators, affiliates, predecessors, successors, assigns, insurers and/or agents, including without limitation any communication that could have the effect of or intention of which is to cause embarrassment, disparagement, damage or injury to the reputation, business, or standing in the community of any such parties and regardless of whether any such communication is or may be true or founded in facts.
Notwithstanding anything in this Agreement to the contrary, we may disclose personally identifiable information, business records, or other information to third parties in the event of any of the following: (1) To allow a third party contractor to help operate the Site or the Site’s or Foundation’s business; (2) If a court order, arbitration order, or other governmental order is sought to disclose the personally identifiable information or a subpoena is served that purports to require the disclosure of the personally identifiable information; (3) The information needs to be disclosed in order to provide requested services; or (4) we find that your actions violate the Site’s policies or usage guidelines. In addition, we may disclose anonymous information, including, without limitation, your location and your use of the services provided to you by the Site to illustrate patterns and trends of site access and usage.
Relationship of the Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative relationship, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representation on our or our affiliates’ behalf. You agree not to make any statement, whether on your website, its subdomains or otherwise, that contradicts or may contradict anything in this section.
–Detroit Jewish News Foundation, Inc.
As used in this Agreement, “Content” means any graphics, photographs, illustrations, other visuals, audio, video, copy, text, software, titles, Flash or Shockwave files, or other visual representations generated optically, electronically, digitally, or by any other means, or any other material protected by copyright, trademark, patent, or other intellectual property right, which is licensed to, owned by or used by the Foundation and is contained on the Site and/or any of the Site’s subdomains or related websites. Any reference in this Agreement to the Content will be to each individual item within the Content and also to the Content as a whole.
What Information Do We Collect?
When you visit our Site you may provide us with two types of information: (i) personal information (such as your name, birth date, phone number, email address, mailing address, and your intended purpose for accessing and/or using the Site) (collectively, “Registration Information”) collected on an individual basis; and (ii) Site use information collected on an anonymous and aggregate basis as you and others browse our Site. Whenever the Foundation collects personally identifiable about you on the Site, it reserves the right to use that information for marketing the Foundation and its various activities. The Foundation and/or the Detroit Jewish News, LLC, may use the personally identifiable data collected to undertake a variety of marketing activities including, but not limited to, email, direct mail, site personalization, telephone marketing and other digital and traditional methods of advertising and communication. The Foundation does not sell or “monetize” data to third parties. The Foundation, however, does and will send marketing messages on behalf of its sponsors and partners. It will do so without giving any of your personally identifiable information to those sponsors and partners for their own use.
Personal Information You Choose to Provide.
- Registration Information. You will provide us with certain information about yourself, your firm or company, and your practices when you register to be a member of the Site, register for certain services, or register for email newsletters and alerts.
- Email Information. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.
- Site Use Information. Similar to other commercial websites, the Site utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and server logs to collect information about how our Web site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our Site, and the websites visited just before and just after the Site. We, our advertisers, and ad serving companies may also use small technology or pieces of code to determine which advertisements and promotions users have seen and how users responded to them.
- How Do We Use the Information That You Provide to Us? Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at info@DJNFOUNDATION.ORG. From time to time the Foundation will allow its Sponsors or marketing partners to offer Site visitors an opportunity to opt-in” to receive marketing information directly from that Sponsor or marketing partner. In such cases, on the registration page, an “opt-in” question will appear clearly explaining that by checking the box you agree to share your personally identifiable information with that particular Sponsor or marketing partner. If there is not a Sponsor “opt-in” question on a registration form, the Foundation will not give any of the data collected to any Sponsor or partner.
- Disclosure of Personal Information. We may disclose your personal information if required: (a) by law or subpoena or if we believe that such action is necessary to comply with the law or legal process served on us or affiliated parties; (b) protect and defend our rights and property, our Site, the users of our Site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our Site, us, or third parties.
- Referral Service. If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. The Site stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at info@DJNFOUNDATION.ORG to request that we remove this information from our database.
- We may enter into alliances, partnerships or other business arrangements with third parties, including the Detroit Jewish News, LLC, who may be given access to personal information including your name, address, telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you. In connection with alliances, partnerships or arrangements, we may also provide certain information to third parties if we have determined that the information will be used in a responsible manner by a responsible third party. We may also use third parties to facilitate our business, including, but not limited to, sending email and processing credit card payments. In connection with these offerings and business operations, our partners and other third parties may have access to your personal information for use in connection with our or their own business activities. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.
- Notice of New Services and Changes. Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special offers we think you will find valuable. As a User of our Site, you will be given the opportunity to notify us of your desire not to receive these offers by sending us an email request at info@DJNFOUNDATION.ORG.
- How Do We Protect Your Information? The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at info@DJNFOUNDATION.ORG.
- How Can You Access and Correct Your Information? You may request access or make corrections to all your personally identifiable information that we collect online and maintain in our database by emailing info@DJNFOUNDATION.ORG or by accessing your account information at the Site.
- Updating/Accessing/Amending/Correcting Personally Identifiable Information. If your personally identifiable information changes, or if you no longer desire to use or access our Site or to obtain service or Programs provided on the Site, you may correct, update, amend, delete/remove or deactivate it by making the change on our member information page or by emailing our Customer Support at info@DJNFOUNDATION.ORG or by contacting us by telephone or postal mail at the contact information listed below.
- Children’s Privacy. The Site and Foundation will not request any information from a person younger than age 13, in compliance with the Children’s Online Privacy Protection Act of 1998 (COPPA) and will not knowingly accept personal information from a child younger than age 13 for any purpose. We may ask for your year of birth to verify age.
- Submissions. Suggestions, materials, or other intellectual property sent or transmitted to us via our Site are governed by the separate terms applicable to such materials identified at the time of submission (if any). All such items shall be deemed to be non-confidential, and we shall have no obligation of any kind with respect to such items and shall be free to use and distribute them to others.
Material Changes to Policy
Detroit Jewish News Foundation, Inc.
DETROITJEWISHNEWSFOUNDATION.ORG and DJNFOUNDATION.ORG