1. Ownership of Copyrights, Trademarks and Other Intellectual Property. You acknowledge that The Associated owns the copyright and all other intellectual property rights to this Site and all content, materials and information provided on this Site unless otherwise expressly indicated. All content on this Site is protected by U.S. and international copyright, trademark and other laws. All rights are reserved by The Associated, and you agree not to copy, reproduce, download, disseminate, publish, or transfer content in any form or by any means, except with our prior written permission, or as permitted by us in a separate written agreement. Any unauthorized use is strictly prohibited.
The Associated name and logo, and the Inspiring Jewish Community tagline are service marks of The Associated. References on our Site to any specific organization or its products and services by name or otherwise does not constitute or imply endorsement, recommendation, or favoring by The Associated, and you may choose to use products or services other than those to which The Associated may refer you to.
2. Rules for all Users. When accessing or using this Site or posting comments to our blog, you agree to the following rules/restrictions and acknowledge that violation of any of them constitutes grounds for immediate termination of your access to restricted portions of the Site and our blog without further notice, in our sole discretion:
a. You will not engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, misleading, inaccurate or incomplete, or misrepresenting your affiliation with any person or entity.
b. You will not use the Site in any manner that may be considered objectionable, such as by using the Site to upload, post, display, or otherwise transmit any content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous, criminal or invasive of another’s privacy.
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f. You will not post, upload, email, link to, or otherwise transmit any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Site or impair others’ ability to enjoy the Site, or the proper functioning of any software or hardware or equipment or materials used in connection with the Site.
g. You will not infringe, misappropriate, or otherwise violate any existing local, national or international copyright, trademark, service mark, trade name, patent, right of publicity or privacy, or other intellectual property or proprietary rights of any person or entity whatsoever.
h. You will not give your password to anyone, use the Site as the agent of a third party, or allow any third party to use your account. If any security breach or unauthorized use of your account occurs, you will notify The Associated immediately in writing or via email. You are solely responsible for maintaining the confidentiality of your username and password and are responsible for any unauthorized use.
i. You will use the Site solely for your personal, noncommercial use.
3. Submissions. By submitting any content or other information to the Site for publication on the Site or elsewhere by The Associated, you also agree to the following terms. You shall be solely responsible for your submission of content to the Site and the consequences of posting or publishing it. You understand that whether or not such content is published, The Associated does not guarantee any confidentiality with respect to any submissions. In connection with any and all content that you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize The Associated to use and allow others to use such content in the manner contemplated by these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the content to use his/her name or likeness to enable inclusion on the Site. While you retain all of your ownership rights in the content that you submit, by submitting such content to the Site, you hereby grant The Associated a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display, and perform the content that you submit, in connection with the Site and The Associated’s mission, including without limitation for promoting and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access and view content submitted by you as permitted through the functionality of the Site and under this Agreement.
5. No Effect on Agreements. The information provided on the Site is for general informational purposes only, and nothing on our Site shall be construed to add or modify terms to any existing or future agreements with The Associated.
6. Other Websites. Registration with a third-party site is required in order to submit comments to our blog and is subject to that third-party’s own terms and conditions of use. In addition, solely as a courtesy to you, we may provide links to other websites and resources at certain places on our Site; we do not endorse, approve, certify or control websites that are not programs of The Associated. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.
7. Disclaimer of Warranty. While we make every effort to present accurate and reliable information on our Site, we do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. In addition, we have no duty to update the information contained on our Site, and we are not liable to you for outdated or incorrect information contained herein. Moreover, we reserve the right at any time to modify, suspend or discontinue the Site, or any part thereof, with or without notice, and we are not liable to you or any third party for any modification, suspension or interruption in services. All products and services on our Site are subject to availability. THIS SITE IS PROVIDED ON AN “AS IS” BASIS, AND NO GUARANTEES OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION, ARE MADE WITH RESPECT TO THIS SITE.
8. Limitation of Liability. IN NO EVENT SHALL THE ASSOCIATED BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT OF YOUR USE OF THIS SITE, EVEN IF THE ASSOCIATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification. You agree to indemnify and hold harmless The Associated, its officers, directors, agents and employees from any claims, losses, liability costs and expenses (including, but not limited to attorneys’ fees) arising from your violation of these Terms, state or federal laws or regulations or any third party rights, including, but not limited to, claims of copyright infringement, defamation, harassment, invasion of privacy or fraud.
10. Term & Termination. These Terms are effective upon your accessing the Site and shall continue in full force until terminated. In its sole discretion and without notice, and at any time and for any reason, The Associated reserves the right to: (a) cancel your user account; (b) suspend your access to any restricted portion of the Site; and/or (c) remove or disable your access to any restricted portion of the Site. Upon termination or suspension, your username and password will be immediately deactivated, and you will no longer have access to the relevant portions of the Site.
11. Governing Law/Jurisdiction/Waiver of Jury Trial. Any dispute with respect to our Site shall be governed by the laws of the State of Maryland, excluding its conflicts of laws rules. All visitors to our Site submit to the exclusive jurisdiction of the state and/or federal courts of the State of Maryland. Either party may enforce a judgment rendered by such court in any court of competent jurisdiction, and The Associated may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights. ALL PARTIES HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING FROM THE USE OF THE SITE.
12. Notices. In our discretion, we may provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices generally on our Site.
13. Eligibility. We can only accept donations from individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, minors under the age of 18 cannot make donations without the prior written consent of a parent or legal guardian. By visiting this Site and/or making any donations through this Site, you represent to us that you can form legally binding contracts under applicable law, and that any and all data you have provided, or will provide, to us via this Site, such as your name, address and billing information, is complete and accurate.
14. Miscellaneous. You will not assign or sublicense these Terms or any of your rights and obligations hereunder, without the express written consent of The Associated, which may be withheld in its sole discretion. Subject to the foregoing, these Terms will inure to the benefit of, and will be binding upon, the parties, their respective successors and permitted assigns. If any provision of these Terms is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The waiver or failure of any party to exercise rights under these Terms will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and signed by the party to be charged therewith. These Terms contain the entire agreement between you and The Associated regarding the use of the Site.