- User Consent to the Terms
By proceeding to use this Site, you are consenting to the Terms as if you had physically signed an agreement containing the Terms. ?JNS reserves the right to modify the Terms at any time. ?If you do not agree to the Terms, you may not use the Site.? If you are accessing or using the Site as a representative of a company or organization, the Terms apply to and bind you individually as well as the company or organization.? References to “you” or “your” apply to you individually and to the company or organization, and references to “we” or “us” apply to JNS.
JNS may suspend or terminate your access to the Site at any time and for any reason, including your violation of any of the Terms.
- Content and Service
JNS is a news agency and wire service that licenses original content to select media clients (the “Service”). Content provided by JNS includes—but is not limited to—articles, stories, columns, briefs, text, photographs, illustrations, infographics, audio clips, video clips, podcasts, and other content (“Content”). ?All of the Content published by JNS on the Site is protected by copyright and owned or controlled by JNS or the party credited as the provider of the Content.? The Site and all Content are protected by copyright pursuant to U.S. and international copyright laws.
Clients of JNS consist of print, online, broadcast, and other media services that have entered into a Subscription Agreement with JNS, have become registered users of the Site, and pay a fee to use JNS Content (“Clients”).
Non-Clients.? If you are not a Client of JNS, you are free to browse this Site, but you may not copy or store any Content for other than your private, noncommercial use unless you have obtained prior written permission from JNS.
Clients. ?Unless otherwise specified in applicable contracts or invoices, Clients are granted one-time reprint and redistribution rights for JNS Content, provided that Clients do not remove (or cause to be removed) any copyright, trademark, proprietary notices, visual marks, or logos from the Content. Clients may not archive or retain any JNS Content without the express permission of JNS.? CLIENTS DO NOT ACQUIRE RIGHTS OR LICENSE TO JNS CONTENT OTHER THAN THE LIMITED USAGE RIGHTS SPECIFIED ABOVE.
- Password-Protected Areas
Some areas of the Site are restricted to Clients and are password-protected (“Password-Protected Areas”).? Only Clients may access Password-Protected Areas.? At its option, JNS may also convert any freely accessible area into a Password Protected-Area subject to registration.
- Proprietary Rights
Everything you see or read on the Site (including, without limitation, text, software, code, graphs, photographs, images, videos, stills, graphics, music, and sound) (“Content”) is the property of JNS or is duly licensed to JNS by a third party.? This property and material is protected by copyright and trademark laws.
Except as provided in Section 3 above? with respect to Clients of JNS, you may not copy, distribute, republish, cache, link, modify, transmit, or in any way use the Content of the Site for public or commercial purposes without the written permission of JNS (typically in the form of a Subscription Agreement).? By accessing the Site, you acknowledge that copies of the Site’s Content will retain all copyright and other proprietary notices and that you will not modify the Site’s Content in any way.
You may not sell, resell, rent or lease the JNS Service or Content to any third party. You may not copy, frame, or mirror any part of the Service. You may not make the Service available to anyone other than employees for business use. You may not reverse engineer the Service, nor may you build a competitive Service. You may not use the Service to store or transmit material in violation of copyright or third-party privacy rights. You may not use the Service to store or transmit infringing, libelous, or otherwise unlawful material. You may not use the Service to store or transmit malicious code, or interfere with or disrupt the integrity or performance of the Service.
Notice of Copyright Infringement
JNS respects the rights of all owners of copyrights, trademarks, and other intellectual property rights.? To that end, JNS reserves the right to suspend or terminate the access of Clients, users, subscribers, and account holders who violate the intellectual property rights of others.
If you believe that the Site contains material that infringes on your copyrighted work, or that the Site contains links or other references to another on-line location that contains content that infringes on your rights, please notify us by contacting our designated agent for notification of claimed infringement:
Jonathan Tobin, Editor in Chief, JNS
P.O. Box 610100, Newton, MA 02461
Telephone number: (617) 562-6397
Email: jtobin (AT) jns.org
Please include the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:
- A physical or electronic signature of a person authorized on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party can be contacted;
- A statement that the complaining party has 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 the copyright that is allegedly infringed.
After receiving notification of an alleged copyright infringement, JNS will remove or disable access to such material pending further review and will notify Clients and other users of the Site to delete and refrain from publishing or using such material.? Your use of the Site means that you agree to comply with any such notice received from JNS.? JNS reserves the right to remove posted materials and to terminate any party’s access to this Site.
You may not use any of JNS’s proprietary logos, marks, or other distinctive graphics, video, or audio material in hyperlinks or metatags without permission.
You agree not to:
- post or transmit any fraudulent, unlawful, threatening, abusive, libelous, obscene, racist, pornographic, gratuitously violent , or criminal material of any kind, including any material that would violate any local, state, national, or international law, or give rise to any civil or criminal liability;
- post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual rights;
- post or transmit any material containing software viruses or similar disabling devices;
- post or transmit any unsolicited advertising; junk mail; material that is encrypted or that intrudes on a person’s privacy; or material that constitutes a criminal offense or gives rise to civil liability or violates any local, state, federal, national, or international law or regulation;
- disrupt, overwhelm, overload, attack, modify, or impair the operation of or interfere with the Site or its associated software, hardware and/or servers in any manner, or impede or interfere with the use of the Site by other persons or alter or tamper with any content or information associated with the Site;
- violate confidentiality of restricted information or reveal any trade secret information that you have either explicitly or implicitly agreed to keep confidential;
- infringe or violate the copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights of JNS or any third party;
- impersonate or claim the identity or characteristics of any person or entity, falsely claim an affiliation with any person or third party, or submit false, misleading, or inaccurate information pertaining to your identity.
We may post hyperlinks to third-party websites (“Third-Party Sites”).? These hyperlinks do not indicate our endorsement or sponsorship of, or our affiliation with, Third-Party Sites.? JNS does not have control over, and is not responsible for, the content on Third-Party Sites.
Other sites may link to this Site only through a plain-text link, and may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by JNS; (ii) cause confusion, mistake, or deception; (iii) dilute JNS’s trademarks, service marks, or trade names; or (iv) otherwise violate applicable law.? We reserve the right to require termination of any link to this Site at any time.
- Interactions with Third Parties
Your interactions with organizations or individuals found on or through the Site, including payment and delivery of goods and services and agreement to any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations or individuals.? You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
- Disclaimers of Warranties and Limitation of Liability
JNS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY “JNS PARTIES”) MAKE NO REPRESENTATIONS, EITHER EXPRESSLY OR BY IMPLICATION, REGARDING THE INFORMATION, PRODUCTS, SERVICES, AND MATERIAL PROVIDED ON THIS SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES THAT ARE AVAILABLE, ADVERTISED, OR SOLD THROUGH THIS SITE. THIS SITE AND ALL INFORMATION, PRODUCTS, SERVICES, AND LINKS TO OTHER WEBSITES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF RELIABILITY, ACCURACY, TITLE OR INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM.?? IN NO EVENT SHALL THE JNS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED TO THE USE OF, OR INABILITY TO USE, ANY MATERIAL ON THIS WEBSITE, EVEN IF THE JNS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE JNS PARTIES MAKE NO WARRANTIES AS TO UNINTERRUPTED SERVICE, ERROR-FREE SERVICE, OR AGAINST LOSS OF TRANSMITTED INFORMATION.? THE JNS PARTIES DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL BE FREE FROM SECURITY BREACHES, OR THAT NO VIRUSES OR HARMFUL COMPONENTS WILL BE TRANSMITTED ON THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ALL DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, DATA PROCESSING FAILURE, COMPUTER VIRUS, MECHANICAL FAILURE, COMMUNICATION LINE FAILURE, WEATHER, WALKOUT, FIRE, ACT OF GOD, RIOT, ARMED CONFLICT, ACT OF WAR, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU USE THIS SITE AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY AND ARE NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.? JNS MAKES NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SITE.
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.? HOWEVER, IN ALL EVENTS, THE LIABILITY OF JNS OR JNS PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE JNS PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY, OR USEFULNESS OF ANY PORTION OF THE SITE.
THE JNS PARTIES MAKE NO REPRESENTATIONS OR PROMISES TO DEVELOP, PROVIDE, OR MARKET ANY SOFTWARE, SERVICE, OR PRODUCT DISCUSSED ON THIS SITE, AND YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED OR THE PROSPECT OF AVAILABILITY OF ANY SOFTWARE, SERVICE, OR PRODUCT CURRENTLY IN DEVELOPMENT OR CURRENTLY ANTICIPATED TO BE MADE AVAILABLE IN THE FUTURE.
IN NO EVENT WILL ANY OF THE JNS PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, NEGLIGENCE, LOST REVENUE, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO THE SITE. WITHOUT LIMITING THE FOREGOING, THE JNS PARTIES ARE NOT LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS SITE OR ANY SITE INFORMATION, INCLUDING WITHOUT LIMITATION THE SITE CODE OR ANY OTHER INTERACTION WITH THE SITE, WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LAW OR CAUSE OF ACTION.
By accessing the Site, you agree to indemnify and hold harmless JNS and its affiliates and their respective directors, officers, employees, agents, and third-party service providers, and to defend and hold each of them harmless from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, from your breach of these Terms, or from your use of and access to the Site.
- Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Site or any Content provided on this Site, except in full compliance with all United States, foreign, and other applicable laws and regulations.
JNS takes no responsibility for unsolicited submissions of any kind from outside parties.? Please do not send unsolicited creative material, creative suggestions, ideas, drawings, notes, concepts, or other information or materials (“Submissions”) to JNS via the Site or otherwise.? If you would like to make a submission, please first contact Jonathan Tobin, Editor in Chief, at email@example.com to present your idea.
As to any Submission you send to JNS, you warrant that you are the owner of the Submission and you grant to JNS a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license, throughout the universe, in whole or in part, to reproduce, modify, distribute, adapt, publish, publicly perform, display, download, prepare derivative works , and incorporate in other works in any media now known or hereafter developed for any purpose whatsoever, including without limitation, internal use, public use, commercial use, or otherwise.? By making a Submission to JNS, you waive any and all so-called “moral rights” (droit moral) in the Submission that are now or may hereafter be recognized by custom, usage, or law. ?You further waive any and all rights to make any claim against JNS in connection with the Submission, including, without limitation, actions for breach of contract (express or implied), breach of confidentiality or trade secret, intellectual property infringement, and unfair competition.
- Modification & Termination
JNS reserves the right to modify or terminate the Terms at any time, for any reason, and without notice to users.? We also reserve the right to change or discontinue any aspect or feature of the Site at any time.? Any modifications and terminations are effective and become a part of the Terms when they are posted.? You should visit this page to review the current Terms prior to each new use of the Site.
By accessing the Site, you agree that JNS is not liable to you or any third party for the modification or termination of the Terms or of the Site.
- Legal Disclaimer
The Content of this Site contains information for the convenience of Site users.? While we endeavor to keep the Content of the Site accurate and up-to-date, we do not guarantee or warrant the accuracy of the Content.
The Content is not offered, and should not be construed as investment, legal, or other professional advice, or as a substitute for consultation with investment advisers, legal counsel, or other professionals.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any principles of conflict of laws. ?Any litigation that arises out of, or is related to, these Terms may be filed only in the state or federal courts located in Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigation.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining provisions, and will not affect the validity and enforceability of the remaining provisions.