Fresh Ink for Teens | Terms of Use

Fresh Ink for Teens – Terms of Use

General
This website (the "Website") is operated by Fresh Ink for Teens, a project of The Jewish Week, Inc. (“Fresh Ink for Teens”) and is intended solely for users between the ages of thirteen (13) and nineteen (19), (and their parents, to the extent a user is a minor in the jurisdiction(s) in which he/she resides (“Minor”)).  Except with respect to parents of Minors, the use or access of this Website, or the services or content provided thereon, by any under the age of thirteen (13) or over nineteen (19) years of age is unauthorized and in violation of these terms of use  (“Terms of Use”).  These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use this website.  BY USING OR ACCESSING THIS WEBSITE, YOU REPRESENT YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND NINETEEN (19) AND THAT YOU (AND YOUR PARENT/LEGAL GUARDIAN IF YOU ARE A MINOR) ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS OF USE AND YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITES. IF YOU ARE THE PARENT OR GUARDIAN CONSENTING TO USE OF THIS WEBSITE BY A MINOR, YOU ARE FINANCIALLY AND LEGALLY RESPONSIBLE FOR SUCH MINOR’S ACTIONS ON THIS WEBSITE.  NO PERSON UNDER 13 YEARS OF AGE MAY USE THIS WEBSITE.  Your use of this Website, even if you "bookmark" a portion of this Website and bypass the Terms of Use, is contingent on the foregoing agreement, and if you do not agree or you cannot act in accordance with the Terms of Use, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms.  Fresh Ink for Teens may change these Terms of Use at any time without prior notice to you by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. If you use this Website after any changes in the Terms of Use, you agree to be bound by the changes. 

Privacy Policy
Please read the Fresh Ink for Teens’ Privacy Policy, which describe Fresh Ink for Teens’ privacy practices and is incorporated into, and are a part of, these Terms of Use.

Copyrights and Trademarks
All text, illustrations, designs, icons, logos, slogans, trade names, product/service names, domain names, photographs, articles, audio/video, images, advertisements, features, 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, service mark, trade dress and/or other intellectual property laws and is owned, controlled and/or licensed by Fresh Ink for Teens, The Jewish Week, Inc. 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 Fresh Ink For Teens, The Jewish Week, Inc. or any other party is transferred to any other person as a result of the use of this Website.  

Website Access and Limited License
You are hereby granted a limited license by Fresh Ink for Teens and/or The Jewish Week, Inc. to use this Website for personal and noncommercial use only. You may view the Content on the Website on your computer or other Internet compatible device, and make single copies or prints of the Website or the Content for your personal, internal use only. This limited license does not allow for any resale or commercial use of this Website, or products or services provided thereon, or its Content. You may not otherwise download, display, copy, reproduce, distribute, publish, modify, alter, perform, transfer, transmit, exhibit, create derivative works from, sell or otherwise exploit this Website (or any portion thereof), or any Content, software, code, data or materials available on the Website (other than page caching), unless you have the express written consent of Fresh Ink for Teens (see Contact Us at the end of these Terms of Use) or the copyright owner identified in the copyright notice in the Content, and in such case, only if you preserve and display all copyright and other notices relating to that Content. The limited license granted to you by Fresh Ink for Teens and/or The Jewish Week, Inc. to use or link to this Website shall terminate automatically upon any unauthorized use hereunder by you.

User Conduct
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.

Linking
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 Fresh Ink for Teens or The Jewish Week, Inc. 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.

Unless otherwise prohibited under these Terms of Use and consistent with the User Conduct section above, you may create a hyperlink to the home page of the Website, provided that (i) such link(s) do not portray the Website, Content, Fresh Ink for Teens, The Jewish Week, Inc. or their respective services in any false, misleading, derogatory, or otherwise offensive manner; (ii) the hyperlink sends the person directly to the home page of the Website, without the imposition of any third party websites or pop-ups, (iii) when clicked, the hyperlink accurately displays each page within the Website or Content in full (including all trademarks, branding, advertising and promotional materials) and unaltered, without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website; and (iv) you do not in any circumstance "frame" the Website or any of its Content or copy portions of the Website to a server, except as part of an Internet service provider's incidental caching of pages. Any other use of the Website, Content or any other proprietary logo, graphic or trademark of Fresh Ink for Teens or The Jewish Week, Inc. as part of any link without Fresh Ink for Teens’ express written permission is strictly prohibited. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission (see Contact Us below) or cease using this Website.

Advertisements
The Website may contain advertisements by third parties. Unless otherwise specifically stated on the Website, Fresh Ink for Teens 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.

User Account
Some areas of the Website may require registration in order to gain access or submit content.  You must be between the ages of 13 years old and nineteen (19) years old to register for a user account on this Website. 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
Fresh Ink for Teens 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 (including with respect to attribution of users submitting essays or articles on or through the Website) and neither Fresh Ink for Teens nor The Jewish Week, Inc. warrants or guarantees that such Content is accurate, complete, reliable, current, or error-free.  Fresh Ink for Teens reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions at any time without prior notice.

Social Networking
The Website may also offer some social networking opportunities through the ability to post, or participate in a “commenting area” with other users on and through the Website. Any posting/commenting 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, Minors should not disclose information about themselves on this Website without parental or legal guardian consent, including but not limited to your telephone number(s), street addresses, URLs or email addresses.  If you do provide your personal information on the Website or to a third party who you met through the Website, you do so at your sole risk.

User-Generated Content
You must be between the ages of thirteen (13) years old and nineteen (19) years old to submit information, content or materials of any kind, including, but not limited to, essays, content, articles, materials, comments, feedback, suggestions, ideas, texts, emails, photos, chats, posts, audio, videos or other submissions to Fresh Ink for Teens through the Website, by physical delivery or in connection with your use of the Website (“User-Generated Content”), you agree to be bound by these Terms of Use and the Submission Rules and Restrictions below.  Through your submission of any User-Generated Content, you grant to Fresh Ink for Teens, The Jewish Week, Inc.,  and its affiliates the irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sub-licensable right and license to use, copy, publish, distribute, publicly display and perform, create derivative works from, modify, adapt, transmit, excerpt, remove, host, index, cache, tag, and encode the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose with no monetary compensation due to you at any time.  We do not solicit, nor do we wish to receive any confidential, secret or proprietary information and any User-Generated Content which reflects or contains such information will not be deemed confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy, including deletion or destruction of the same. By making any submission of User-Generated Content, you waive any moral rights you may have (including, without limitation, if the User-Generated Content is changed in a manner not agreeable to you or if Fresh Ink for Teens fails to provide attribution to any user submitting User-Generated Content).  If you do not agree to these terms, do not submit any User-Generated Content.  

Submission Rules and Restrictions
By submitting any User-Generated Content, you represent and warrant that: (i) you either own the User-Generated Content or have all necessary rights to use and submit it; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use or the terms of any third party license; and, (iii) you will not submit any User-Generated Content on or through the Website that:
· is libelous, defamatory, obscene, pornographic, or otherwise illegal;
· is reasonably deemed by Fresh Ink for Teens, in its sole discretion, to be harmful, offensive or embarrasing to teenage children;
· is threatening, abusive or disruptive to Fresh Ink for Teens 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.
You are solely responsible for the User-Generated Content you submit, post, email or otherwise make available through the Website. Fresh Ink for Teens has no duty to monitor, pre-screen or regularly review submissions made to the Website.  Notwithstanding the foregoing, Fresh Ink for Teens has the right, but not the obligation, to edit, refuse to post or upload, or to remove any User-Generated Content which it deems inappropriate or in violation of these Terms of Use, in Fresh Ink for Teens' sole discretion. Fresh Ink for Teens does not take any responsibility or assume any liability for any User-Generated Content posted by you or any third party, including the failure to maintain the same.  All essays, articles or opinions uploaded or expressed in User-Generated Content, other than those expressly provided by Fresh Ink for Teens, are solely the opinions of the user(s) submitting such User-Generated Content and do not represent the opinions of Fresh Ink for Teens or The Jewish Week, Inc. All decisions regarding User-Generated Content and compliance with these Terms of Use will be determined by Fresh Ink for Teens in its sole discretion.  If you disagree with these conditions, do not submit any User-Generated Content. 

User Identity and Privacy
Fresh Ink for Teens does not warrant or claim to have verified the identity of any user.  There may be users who participate under a false identity. Fresh Ink for Teens reserves the right at all times to disclose the contact, personal information and any other information of a user as necessary to satisfy any law, regulation or government request, to the fullest extent of the law. For information on our privacy policies regarding personal information gathered on the Website, please see our Privacy Policy.

DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOU ARE USING THIS WEBSITE AT YOUR SOLE RISK AND THE WEBSITE AND ALL CONTENT PROVIDED BY FRESH INK FOR TEENS, THE JEWISH WEEK, INC. OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  FRESH INK FOR TEENS, THE JEWISH WEEK, INC. AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF 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, FRESH INK FOR TEENS AND THE JEWISH WEEK, INC. DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, INDEMNITIES AND GUARANTEES AS TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY FRESH INK FOR TEENS, THE JEWISH WEEK, INC., 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. 

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL FRESH INK FOR TEENS, THE JEWISH WEEK, INC., AND/OR 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, ACCURACY, OR COMPUTER FAILURE OR MALFUNCTION, WHETHER OR NOT FRESH INK FOR TEENS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FRESH INK FOR TEENS, THE JEWISH WEEK, INC. 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 SERVICE(S) 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 FRESH INK FOR TEENS, THE JEWISH WEEK, INC. 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 DISCLAIMERS OF 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.

Indemnification
You agree at your expense to indemnify, defend, save and hold harmless Fresh Ink for Teens, The Jewish Week, Inc., its affiliates, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents from and against any and all claims, suits, actions, and investigations, and any costs, expenses, liabilities, damages, or losses (including reasonable attorneys' fees), arising from or related to (i) your use of the Website; (ii) any User-Generated Content you submit; and/or (iii) any violation of these Terms of Use by you.     

Changes to Website
We may change, suspend or discontinue and/or restrict the availability or use of all or any portion of the Website (including the availability of any publications, digital downloads, data or other information contained or available on the Website), at any time for any reason and without notice or liability.  We may also impose limits, registration requirements or subscription fees on certain features or services or restrict your access to all or any portion of the Website without notice or liability to you.

Termination
Fresh Ink for Teens or its authorized agent may terminate this agreement with you, at any time and for any reason, without notice. You may be denied authorization to access this Website and your account may be terminated if you fail to comply with these Terms of Use, as determined by Fresh Ink for Teens in its sole discretion.

Applicable Law
The Terms of Use shall be governed and enforced in accordance with the laws of the State of New York, without regard to its principles of conflict of laws.  Fresh Ink for Teens controls and operates the Website from our offices in the United States of America.  We do not represent that the Content on this Website is appropriate or available for use in other locations.  Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disputes
Any action, claim or dispute between you and Fresh Ink for Teens and/or The Jewish Week, Inc. 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.

Severability; Waiver
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Copyright Violations
Notification Procedures
We take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Designated Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our Designated Agent to receive DMCA Notices is: [FIRST AND LAST NAME OF AGENT] [PHYSICAL ADDRESS OF AGENT] [TELEPHONE NUMBER OF AGENT] [E-MAIL ADDRESS OF AGENT FOR THIS PURPOSE].
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our Designated Agent. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
· Your physical or electronic signature.
· An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
· Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
· A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
· A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to our Designated Agent using the contact information provided above.  The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Contact Us
If you have any questions about these Terms of Use or to request permission to reproduce Content from this Website, please contact us in one of the following ways: E-mail us at: rich@jewishweek.org; Mail us at: 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.

© 2011-2012 The Jewish Week, Inc. ALL RIGHTS RESERVED.

These Terms of Use were last updated on February 24, 2012