 | Terms of Use | |
- ACCEPTANCE OF TERMS
The webpages available
at www.digitaljournal.com, www.digitaljournal.tv and www.digitaljournal.mobi
and all linked pages are owned and operated by Digital Journal, Inc.
(collectively "Digital Journal", “we”, “us”, “our”
or “the Company”), a Toronto, Ontario-based corporation, and is
accessed by you under the Terms of Use described below ("Terms
of Use" or “User Agreement”). By accessing or using our website
at www.digitaljournal.com, www.digitaljournal.tv, www.digitaljournal.mobi
or the mobile version thereof (together the "Site"), you (collectively
the "User" or “You”) signify that you have read, understand
and agree to be bound by these Terms of Use, whether or not you are
a registered member of Digital Journal.
PLEASE READ THESE TERMS
OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR
USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE (AS
EACH IS DEFINED BELOW), YOU AGREE TO BECOME BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN
YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE
SITE. DIGITAL JOURNAL'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR
ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL
OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY
DIGITAL JOURNAL, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- MODIFICATIONS OF
TERMS OF USE
Digital Journal reserves
the right, at its sole discretion, to modify or replace the Terms of
Use at any time. If the alterations constitute a material change to
the Terms of Use, Digital Journal will notify you via email or through
an electronic message posted on the Site. What constitutes a "material
change" will be determined at Digital Journal's sole discretion,
in good faith and using common sense and reasonable judgment. You shall
be responsible for reviewing and becoming familiar with any such modifications.
Use of the Services by you following such notification constitutes your
acceptance of the terms and conditions of the Terms of Use as modified.
- DESCRIPTION OF SERVICE
Subject to full compliance
with the Terms of Use, Digital Journal may offer to provide certain
services and content, as described more fully on the Site, ("Services").
Services shall include, but not be limited to, any service and content
Digital Journal performs for you, as well as the offering of any materials
displayed or performed on the Site (including, but not limited to text,
comments, commentary, messages, ratings, votes, forum postings, blogs,
User Contacts, information, data, news articles, blog posts, graphics,
photographs, images, illustrations, any information, Groups or graphics
associated with Groups, software, audio clips, sound and video clips
or other material known as "Content") on the Site. Digital
Journal may change, suspend or discontinue the Services including any
Content for any reason, at any time, including the availability of any
feature or Content. Digital Journal may also impose limits on certain
features and services or restrict your access to parts or all of the
Services without notice or liability.
- USER CONDUCT
Digital Journal may remove any Content or Digital Journal accounts at
any time for any reason (including, but not limited to, upon receipt
of claims or allegations from third parties or authorities relating
to such Content), or for no reason at all. To report Terms of Use abuse,
please use our Contact Us form and write our site administrator(s).
As a condition of use, you promise not to use the Services for any purpose
that is unlawful or prohibited by these Terms of Use, or any other purpose
not reasonably intended by Digital Journal.
By way of example, and
not as a limitation, you agree not to use the Services:
- to abuse, harass,
threaten, impersonate or intimidate other Digital Journal users;
- to contribute any
Content that is infringing, libellous, defamatory, obscene, pornographic,
abusive, offensive or otherwise violates any law or right of any third
party;
- for any illegal
or unauthorized purpose. If you are an international user, you agree
to comply with all local laws regarding online conduct and acceptable
Content;
- to post or transmit,
or cause to be posted or transmitted, any communication or solicitation
designed or intended to obtain password, account, or private information
from any Digital Journal user;
- to create or submit
unwanted email ("Spam") to any other Digital Journal users
or any URL;
- to violate any laws
in your jurisdiction (including but not limited to copyright laws);
- to submit stories
or comments linking to affiliate programs, multi-level marketing schemes,
sites/blogs repurposing existing stories (source hops), or off-topic
Content;
- to submit content
that is advertorial or paid for by a company or advertiser. Bloggers
and/or writers working and submitting Content for or on behalf of companies
like Pay Per Post, or similar companies, are strictly prohibited from
using the Site;
- register for more
than one User account or register for a User account on behalf of an
individual other than yourself.
With the exception of accessing
RSS feeds, you will not use any robot, spider, scraper or other automated
means to access the Site for any purpose without our express written
permission. Additionally, you agree that you will not: (i) take any
action that imposes, or may impose in our sole discretion an unreasonable
or disproportionately large load on our infrastructure; (ii) interfere
or attempt to interfere with the proper working of the Site or any activities
conducted on the Site; or (iii) bypass any measures we may use to prevent
or restrict access to the Site; to create separate user accounts with
the intention of artificially inflating the 'Digital Journal rating
system', page count, comments, or any other Digital Journal Services.
- PAYMENTS AND EARNINGS
Our Services may permit registered and approved Digital Journalists
to post or upload articles to the Site that can be found under a byline
or name selected by the user called a “User name.” Those
articles may be eligible for monetary compensation.
Digital Journal allocates funds into a central pool called a “moneypot”
every month, to be shared among all registered and approved “Digital
Journalists” based on (a) how much a Digital Journalist contributes
and (b) how much activity a Digital Journalist’s article receives
as measured in Digital Journal’s sole discretion. Digital Journalists
may receive payment (the "User Earnings") for their
posted or uploaded articles based on how much money is allocated to
the moneypot in a particular month and also based on that Digital
Journalist’s percentage contribution. A Digital Journalists’ User
Earnings might fluctuate up or down based on User activity and activity
of other Users. Digital Journal does not, and is under no obligation
to, reveal its exact formula of how it calculates earnings, but will
issue payments in a fair and reasonable manner. Digital Journal does
not provide payment for Content other than news articles written by
approved Digital Journalists. All other Content is not eligible for
any monetary compensation.
User Earnings will be issued on the first (1st) of every month for User
Earnings accumulated the month prior, except in the case of delays caused
by any technical problems or delays as a result of national or international
holidays. Further, we shall have no obligation to pay User Earnings
until and unless such earnings exceed $10 in the aggregate. All payments
will be made in U.S. dollars by PayPal. In the event PayPal does not
operate in a country in which a Digital Journalist resides, then our
obligation to pay such amount shall be void and such amounts shall vest
in Digital Journal. As a condition of payment, you agree that if you
fail to collect any amount payable to you within thirty (30) days of
the date payable, then our obligation to pay such amount shall be void
and such amounts shall vest in Digital Journal. You should regularly
access and review your account to monitor accrued and payable amounts.
Only active user accounts are eligible to receive payments. If a user
does not log in to his or her account for a period of two (2) months
or more, the user account may be terminated and any accrued earnings
will be forfeited. If a user terminates his or her account for any reason
or if we terminate the account for cause (including violations of this
User Agreement or for not meeting the editorial standards of the Site,
as judged in the sole discretion of Digital Journal), any accrued monies
will be forfeited. Digital Journal reserves the right, at its sole discretion,
to revoke "Digital Journalist" status and manage and maintain
editorial standards for the Site.
Digital Journal does not guarantee that any user will receive any minimum
level of payment as a result of posting Content to the Site. Earnings
are paid as an incentive for the continued use of Digital Journal’s
Site and are not in consideration for the submission of any Content.
We reserve the right to add, remove, modify, rename, move, delete or
discontinue any Content therein at any time in our sole discretion.
We further reserve the right to change or discontinue the payment of
User Earnings at any time. Your continued use of our Site and maintenance
of an account with us after any such change will constitute your acceptance
of the new terms. In the event that you do not agree to such change,
your sole and exclusive remedy is to cease using the Site and to terminate
your account. Any such termination will not alter any of our rights
under this User Agreement, including our license rights described herein.
- YOUR REGISTRATION
OBLIGATIONS
As a condition to using
Services, you are required to register with Digital Journal and select
a password and name ("Digital Journal User ID"). You shall
provide Digital Journal with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of the Terms
of Use, which may result in immediate termination of your Digital Journal
account. You may not (i) select or use as a Digital Journal User ID
a name of another person with the intent to impersonate that person;
(ii) use as a Digital Journal User ID a name subject to any rights of
a person other than you without appropriate authorization; or (iii)
use as a Digital Journal User ID a name that is otherwise offensive,
vulgar or obscene. Digital Journal reserves the right to refuse registration
of, or cancel a Digital Journal User ID at its discretion without warning.
You shall be responsible for maintaining the confidentiality of your
Digital Journal password. Furthermore, by publishing or uploading Content
to Digital Journal, you must only publish news or blogs written by you,
and you may not publish articles for or on behalf of anyone else. You
are not permitted to publish work by other Digital Journalists unless
you collaborated on an article and the byline is shared and clearly
labelled.
Services are available
only to individuals who are at least 13 years old, whether acting on
their own behalf or as an authorized employee or representative of a
corporation or other business entity. If you do not so qualify, do not
attempt to register for or use the Services.
- CONTENT SUBMITTED
OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You retain all copyright to all original Content you submit to the Site.
By transmitting or submitting Content to the Site, you automatically
grant, and you represent and warrant that you have the right to grant
Digital Journal a non-exclusive, irrevocable, transferable, royalty-free,
perpetual, sub-licensable, fully paid, worldwide license (with the right
to sublicense) to use, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part) reproduce, modify, adapt, translate,
distribute, re-distribute, syndicate, publish, and create derivative
works of such Content in any media, now known or hereafter devised for
any purpose, commercial, advertising, or otherwise, on or in connection
with the Site or the promotion thereof, to prepare dirivative works
of, or incorporate into other works, such User Content, and to grant
and authorize sublicenses of the foregoing to Digital Journal, its affiliates
and sublicensees.
You acknowledge and agree you will not post on the Site any Content
for which you do not have the clear right to do so, and you give Digital
Journal, its affiliates and sublicencees the right to use the Content,
Your name, identifier, or any portion thereof, submitted in connection
with such Content, if they so choose. Digital Journal reserves the right
to modify, edit or change any Content for any reason without prior notification.
By transmitting or submitting Content to the Site, you automatically
grant, and you represent and warrant that you have the right to grant
Digital Journal permission to keep active and live copies of all submitted
Content even after your account has been terminated or closed. Digital
Journal reserves the right to re-activate content that has been deactivated,
removed or deleted for any reason, without warning, consent or approval
from You.
You may generally publish Content on the Site, provided that it does
not otherwise violate any third-party agreements or rights. You further
acknowledge and agree that you are solely responsible and liable for
any Content that you post or upload to the Site and for any infringement
or other liability that may result.
You represent and warrant that (i) all Content is either wholly original
to you, or all third-party rights therein have been fully cleared for
use as contemplated by this Agreement, and that you have the right to
grant the rights granted herein without violating the rights of any
third party; (ii) the Content and the posting thereof on the Site does
and will not, in any way, violate or breach any of the terms of this
Agreement or violate or infringe upon the rights of any third party,
and (iii) Digital Journal shall not in any circumstance be required
to pay or incur any sums to any person or entity as a result of its
use or exploitation of the Content unless otherwise agreed by Digital
Journal.
Without limiting the foregoing, Digital Journal reserves the right to
use the Content as it deems appropriate, including, without limitation,
deleting, rejecting, or refusing to post it. Digital Journal shall not
be obligated to store, keep, maintain or provide copies of submitted
Content to You or any party in the event Content is deleted or removed
from the Site. Digital Journal may, but
is under no obligation to, offer you any payment for Content that you
submit or offer the opportunity to edit, delete or otherwise modify
Content once it has been submitted to Digital Journal. Digital Journal
shall not be obligated to enforce any form of attribution by third parties
and shall not be responsible for any third party use of Content.
If it is determined that you possess any moral rights (including rights
of attribution or integrity) in the Content, you hereby declare that
(a) you have no objection to the publication, use, re-publication, syndication,
modification, or deletion and exploitation of the Content by Digital
Journal or its licensees, successors and assigns; (b) you forever waive
and agree not to claim or assert any entitlement to any and all moral
rights of an author in any of the Content; and (c) you forever release
Digital Journal, and its licensees, successors and assigns, from any
claims that you could otherwise assert against Digital Journal by virtue
of any such moral rights.
You agree not to post to the Site any links or other Content which is
intended to or may result in any monetary compensation or other benefit
to you, including without limitation any affiliate links. Posting full
articles which also appear on your personal blog is acceptable providing
it does not violate these Terms of Use.
In the event of any inconsistency between the provisions of these Terms
of Use and the applicable license terms, these Terms of Use shall prevail
to the extent of such inconsistency and such license terms shall be
deemed to have been modified, in writing, by Digital Journal and You.
- YOUR LIABILITY
The opinions expressed by Site users do not necessarily reflect those
of Digital Journal. You are solely responsible for your activities on
our Site, including all Content that you submit or a third party submits
on your behalf or using your account. You agree to indemnify and hold
harmless Digital Journal and its shareholders, directors, officers,
employees, agents, affiliates, sublicencees, advertisers, partners,
customers, vendors, successors and assigns against any and all third-party
claims, actions, demands, suits and all related losses, liabilities,
damages, penalties, costs and expenses (including, but not limited to,
reasonable attorneys' fees) incurred by an indemnified party arising
out of or related to: (a) any violation of law or regulation from your
use of the Site, (b) any actual or alleged breach by you of any obligations,
representations, warranties under these Terms of Use; and (c) any actual
or alleged infringement or misappropriation of the intellectual property
rights of any third party by all Content that you submit or a third
party submits on your behalf or using your account.
- OPERATION AND MAINTENANCE
OF THE SITE
Digital Journal operates the Site in a commercially reasonable manner
and may from time to time interrupt the Site's Services for regular
and/or emergency maintenance. Where Digital Journal has advance knowledge
of any interruption to the Site's Services, Digital Journal will make
reasonable efforts to provide advance notice to You of any such interruption.
Digital Journal will not be held responsible for downtime as a result
of technical difficulties, power outages or data loss of any kind.
- MONITORING USE
OF THE SITE
Digital Journal may monitor the Site but is under no obligation to do
so. You hereby waive any expectation of privacy in such information
and activity. Your waiver of rights in all such monitoring does not
apply to personally identifiable information, which is handled by Digital
Journal in accordance with the Privacy Policy of the Site.
- INDEMNITY
You will indemnify and hold harmless Digital Journal, its shareholders,
directors, parents, subsidiaries, affiliates, advertisers, partners
customers, vendors, officers and employees from any liability, damage
or cost (including reasonable attorneys fees and cost) from (i) any
claim or demand made by any third party due to or arising out of your
access to the Site, use of the Services, violation of the Terms of Use
by you, or the infringement by you, or any third party using your account
or Digital Journal User ID, of any intellectual property or other right
of any person or entity.
- INTELLECTUAL PROPERTY
OF DIGITAL JOURNAL
The copyright to the Site, the design and appearance of the Site, and
all of the materials and content on the Site (other than Your Content)
are owned by or licensed to Digital Journal. These materials are protected
by law against unauthorized copying and reproduction. Any use, reproduction,
or distribution of material, including caching, framing, or similar
means, from the Site (except as permitted herein) without written permission
of Digital Journal is expressly prohibited. Copyright Digital Journal,
Inc. All Rights Reserved.
Other service and product marks that appear on the Site are the trademarks
of their respective owners. The display of any trademarks on the Site
does not imply that a license has been granted for any further use.
- DEALING WITH THIRD
PARTIES
Any correspondence or business dealings with any third parties found
on or through the Site is solely between You and such parties. Digital
Journal is not responsible for any damages You may suffer by entering
into such transactions or communications. You and the third party, not
Digital Journal, are responsible for compliance with all laws applicable
in any such transaction or communication.
- WARRANTY DISCLAIMERS
You acknowledge that Digital
Journal has no control over, and no duty to take any action regarding:
which users gain access to the Site; what effects the Content may have
on you; how you may interpret or use the Content; or what actions you
may take as a result of having been exposed to the Content. You release
Digital Journal from all liability for you having acquired or not acquired
Content through the Site. The Site may contain, or direct you to sites
containing, information that some people may find offensive or inappropriate.
Digital Journal makes no representations concerning any Content contained
in or accessed through the Site, and Digital Journal will not be responsible
or liable for the accuracy, copyright compliance, legality or decency
of material contained in or accessed through the Site. THE SERVICE,
CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SOME PROVINCES AND/OR STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
- LINKS
The Services may provide,
or third parties may provide, links to other World Wide Web sites or
resources. Because Digital Journal has no control over such sites and
resources, you acknowledge and agree that Digital Journal is not responsible
for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or resources.
You further acknowledge and agree that Digital Journal shall 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, goods or services available on or through any such
site or resource.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL DIGITAL
JOURNAL BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE
OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY
CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR
SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS
OF (IN THE AGGREGATE) $100. SOME PROVINCES AND/OR STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- TERMINATION
Digital Journal may terminate
or suspend any and all Services and your Digital Journal account immediately,
without prior notice or liability, if you breach any of the terms or
conditions of the Terms of Use. Upon termination of your account, your
right to use the Services will immediately cease. If you wish to terminate
your Digital Journal account, you may simply discontinue using the Services.
All provisions of the Terms of Use which by their nature should survive
termination, shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations
of liability.
- MISCELLANEOUS
No agency, partnership,
joint venture, or employment is created as a result of the Terms of
Use and you do not have any authority of any kind to bind Digital Journal
in any respect whatsoever. The failure of either party to exercise in
any respect any right provided for herein shall not be deemed a waiver
of any further rights hereunder. Digital Journal shall not be liable
for any failure to perform its obligations hereunder where such failure
results from any cause beyond Digital Journal's reasonable control,
including, without limitation, mechanical, electronic or communications
failure or degradation (including "line-noise" interference).
If any provision of the Terms of Use is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum
extent necessary so that the Terms of Use shall otherwise remain in
full force and effect and enforceable. The Terms of Use is not assignable,
transferable or sub-licensable by you except with Digital Journal's
prior written consent. Digital Journal may transfer, assign or delegate
the Terms of Use and its rights and obligations without consent. The
Terms of Use shall be governed by and construed in accordance with the
laws of the province of Ontario, as if made within Ontario between two
residents thereof, and the parties submit to the exclusive jurisdiction
and venue of the courts in the Province of Ontario in all disputes arising
out of or relating to the use of the Website.
Both parties agree that
the Terms of Use is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous
written and oral agreements, communications and other understandings
relating to the subject matter of the Terms of Use, and that all modifications
must be in a writing signed by both parties, except as otherwise provided
herein.
- COPYRIGHT COMPLAINTS
Digital Journal respects
the intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please
use our Contact Us form and write to our site administrator(s).
- DIGITAL JOURNAL
PRIVACY POLICY
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