Copyrights and Trademarks
All text, illustrations, designs, icons, logos, slogans, trade names, product/service names, domain names, photographs, articles, audio/video, images, advertisements, features, classifieds, the presentation or visual appearance of the Website as a whole, and all other materials that appear as part of the Website (collectively, the “Content”) is protected by applicable United States and foreign copyright, trademark, servicemark, trade dress and/or other intellectual property laws and is owned, controlled and/or licensed by either The Jewish Week or any other party attributed as the owner or provider of such Content. You must abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website. No right relating to any intellectual property of The Jewish Week or to any other party is transferred to any person as a result of the use of this Website.
Website Access and Limited License
You may not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means not intentionally made available or provided for through the Website; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests or interfere with any other party’s use and enjoyment of the Website; or (iv) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make unauthorized use thereof.
The Website may link to other Internet sites and resources, including to the websites operated by sponsors, advertisers and other third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by The Jewish Week or its affiliates of such third-party websites, but is for your reference and convenience only. We are not responsible for the availability of these outside resources, or their contents (including the accuracy thereof), and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site. Linking to any third party websites is at your own risk and subject to the terms and conditions of use of such third party websites.
The Website contains advertisements by third parties. Unless otherwise specifically stated on the Website, the Jewish Week does not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.
Some areas of the Website may require registration in order to gain access or submit content. There shall be no more than one account per person. You agree to keep your personal username and password secret and confidential. You acknowledge and understand that the protection of your username and password is your sole responsibility.
Errors and Inaccuracies
The Jewish Week tries to be as accurate as possible in all Content that we publish on this Website. Unfortunately, it is not possible to ensure that any Website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to Content on this Website and The Jewish Week does not warrant or guarantee that such Content is accurate, complete, reliable, current, or error-free. The Jewish Week reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions at any time without prior notice.
User Transactions; Classifieds
Certain portions of the Website, such as the classified section, may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Website is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.
The Website may also offer some social networking opportunities through the ability to post, chat or participate on a “blog” with other users on and through the Website. Any posting to the Website will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Website, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful about divulging personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or email addresses publicly on the Website. If you do provide this information on the Website or to a third party who you met through the Website, it is at your sole risk. In addition, if you choose to submit information to the Website in an area that requires that your real identity be disclosed, you do so at your sole risk and liability.
Submission Rules and Restrictions
You agree not to submit any User-Generated Content in any forums, chats, blogs, emails or otherwise on or through the Website that:
is libelous, defamatory, obscene, pornographic, or otherwise illegal;
is threatening, abusive or disruptive to The Jewish Week or other users (including without limitation repetitive, meaningless or harassing messages, personal attacks, etc.); abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc. infringes any party’s intellectual property rights, including without limitation copyrights and trademarks; uses another person’s name or impersonates another, or that uses a fake or alternative identity to post User-Generated Content that is misleading or is for a deceptive purpose; violates any applicable law, or violates any party’s rights;
contains any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, “worms” or constitutes any form of “spam” or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act); or promotes, offers or advertises any products or services or solicits any funds or consideration except with respect to those goods or services that appear in the “Classified” Section of the Website.
User Identity and Privacy
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOU ARE USING THIS WEBSITE AT YOUR SOLE RISK AND THE WEBSITE AND ALL CONTENT PROVIDED BY THE JEWISH WEEK OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE JEWISH WEEK AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY, COMPLETENESS, TIMELINESS, RELIABILITY OR ACCURACY OF ANY CONTENT AVAILABLE ON THE WEBSITE OR THAT THIS WEBSITE, ITS SERVERS OR OUTGOING COMMUNICATIONS ARE FREE OF VIRUSES, DEFECTS OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE JEWISH WEEK DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, INDEMNITIES AND GUARANTEES AS TO THE WEBSITE (AND ALL PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE), WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY THE JEWISH WEEK, ITS AFFILIATES, OR ITS EMPLOYEES, CONTRACTORS OR AGENTS (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE (AND/OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE).
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE JEWISH WEEK, ITS AFFILIATES (AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, WHETHER OR NOT THE JEWISH WEEK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE JEWISH WEEK AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE JEWISH WEEK OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Any action, claim or dispute between you and The Jewish Week arising out of or relating to the Website (including any product or service available through the Website) or to enforce this agreement shall be commenced and be heard in the federal or state courts in the State of New York, within New York County and you hereby consent to the personal and exclusive jurisdiction of the aforementioned courts and waive any objections you may have on the basis of forum non-conveniens, venue or jurisdiction. To the fullest extent permitted by applicable law, no proceeding or cause of action with respect to this Website or to products or services purchased through the Website shall be joined to a proceeding or cause of action involving any other party, whether through class action proceedings or otherwise. You agree that any proceeding or other cause of action or claim arising out of or related to the Website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. Please direct all such notifications to: Rich@jewishweek.org and insert “Re: Copyright Violation” in the subject line header of the email.
Richard Waloff, Associate Publisher, The Jewish Week, 1501 Broadway, Suite 505, New York, NY 10036 or call us at: (212) 921 7822 and ask for Richard Waloff.