972 Magazine Terms of Service, Last modified September 1st, 2012.
Preamble: These Terms of Service govern your use of 972 Magazine’s website, and any content contribution you may make to the website. While these formal and full terms governs your use of the website, the following is a brief summary of your rights, duties and obligations:
You may use the site to read content, post user comments, register to any of our newsletters or send your donations.
Offensive comments will not be tolerated.
Some personal information may be collected; it also may be shared with 3rd parties for advertising purposes and with law enforcement agencies if they compel us.
972 Magazine shall never be liable for any damage incurred by using this website or service.
We recommend that you read the full terms of service prior to posting any content to the website, registering to any newsletter or purchasing premium content.
1 Scope of Services:These Terms of Service are the binding agreement between 972 – Advancement of Citizen Journalism” a registered Israeli non-profit association founded by Israeli and Palestinian journalists (“972 Magazine”) and Yourself, an individual or a person acting on behalf of a corporation or organization which authorized you in order to enter into these terms of service (“You”). For the purpose of these Terms of Service, the term “Service” shall refer to any of the following services provided by 972 Magazine, as described in this clause, including any of their features:
1.1 Blog Posts & Articles: 972 Magazine shall provide You with access to blog posts, op-ed articles, news updates, and other content, through its website located at http://www.972mag.com (“Website”). Such content shall be provided either by 972 Magazine’s staff or by other contributors. Each contributor is required to accept these terms as well.
1.2 Comments: 972 Magazine shall provide You with the option to comment and contribute to the democratic discussion by submitting comments; when doing so, you acknowledge that comments may be moderated or removed, and grant 972 Magazine the rights stated in the Contribution Policy.
1.3 Newsletter: 972 Magazine shall provide You with an option to receive updates through Electronic mail, in the form of a newsletter sent from time to time.
1.3.1 Registration: In order to register to the Newsletter, You will be required to provide 972 Magazine with your email address.
1.3.2 Authentication: Following the registration process, an email will be emailed to You to confirm and authenticate that You requested to register.
Timely Updates: From time to time, and according to Your preferences, 972 Magazine shall send You such updates through electronic mail.
1.4 Additional Services: 972 Magazine may, from time to time, add additional services and portions to the Website, which may include additional terms.
2 Fees, Charges & Donations: Services are provided either free of charge or against a set fee, all with consideration of the Service’s scope and field. You hereby acknowledge that the free nature of a specific Service is not guaranteed and should any Service incur any costs, You shall pay them in order to use that Service.
2.1 Fees: 972 Magazine may, from time to time, set fees as deemed in each Service. The fees set-forth are for non-commercial and personal uses of Service and not for commercial effort or endeavor. Such fees may be monthly, daily or yearly, and you shall be billed according to the fee policy of such a service.
2.2 Donations: 972 Magazine is a non-profit organization. As such, it operates mostly from donations. If you wish to donate, you may do so by either sending money to 972 Magazine’s PayPal account or contacting 972 Magazine and donating in person. In order to be entitled to tax exemptions, you have to contact your tax advisor and 972 Magazine shall not be liable to any tax or duty arising from your donation. Please keep in mond that under Israeli Law, 972 Magazine may be required to disclose your donations in certain cases.
3 Your User Account and Use: In order to use some of the Services, you will be required to register and open User Account, where different accounts may be used for different services. When signing up for a User Account and when using each of the services, You hereby undertake to comply with the following stipulations, as well as any other reasonable orders by 972 Magazine, as you may be instructed from time to time.
3.1 Eligibility: You are eligible to enter into these Terms of Service and: (i) were not prohibited by any authorized authority, judicial order or law into entering in any agreement; (ii) are over 18 years of age or obtained consent to enter into these Terms of Service from your parent or guardian; (iii) were not previously prohibited by 972 Magazine from using Services or held another User Account; (iv) do not reside in a proscribed state and are not a member of any proscribed organization; and (v) have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms of Service.
3.2 Personal Use:Your use of the Services shall be personal and non-commercial; You shall not transfer, distribute or publish any content or portion of the Services to any third parties apart from where available through Service itself and shall not sell, resell, syndicate or republish any of the Services.
3.3 Authentication of Registration: When registering to services, you may be required to authenticate Your means of payment, email address or both in order to make sure that emails are received and payments shall be made.
3.4 True and Correct Information:You hereby warrant that any information you provided to 972 Magazine is true and correct. You shall not use Services to impersonate another person or to register on behalf of any other person.
3.5 Use of Services: You will use Services only in a bona-fide manner, and avoid any use which may obstruct, interfere or delay the Services to any other person. You will not use the Services to spam, send unsolicited publications, stalk, harass or threaten any other person or computer system.
3.6 Harvesting: You will not use any automated means, including computer code, crawlers, robots or scripts in order to harvest information, parse, cache or otherwise provide service to any third party. You will not create or use any script, software, code or program that otherwise manipulates, falsifies, adds or removes functionality to the Services.
3.7 Copyright:Apart from where specifically permitted, nothing in these Terms of Service shall constitute as a license to use any portion of copyrighted material titled by 972 Magazine; You will not modify, create derivative works, distribute or otherwise amend the Services, apart from where specifically permitted, any portion of the Service.
4 Contribution Policy: By either providing 972 Magazine with textual material or by using 972 Magazine’s Services to create textual or other content, You hereby accept 972 Magazine Contribution Policy as set forth. You acknowledge that any violation of the Contribution Policy may cause termination of Your Service, removal of Your content or Contribution and legal action by both 972 Magazine and the person whose rights were infringed. For the purpose of this Policy, the term Contribution shall refer to: (i) images and/or text used in creating user generated content, comments or blog posts; (ii) images retrieved from 3rd parties in such comments; (iii)submissions made through Service.
4.1 Copyright License: You hereby grant 972 Magazine an irrevocable, permanent, unlimited, world-wide, royalty-free, sublicensable, non-exclusive license to use Your Contribution and to allow Users to view Your Contributions according to the functionality of Service and through or other third party services, including the creation of derivative works and the creation of three dimensional works.
4.2 Model Release: You hereby grant 972 Magazine the permission to use and display Your Contribution, image and Your Name in order to endorse 972 Magazine.
4.3 Offensive Content:You hereby warrant that Your Contributions are not offensive and do not infringe the right of any third party, including, but not limited to:
4.3.1 Intellectual Property Infringing: Your Contribution does not infringe any third party copyright, design, patent, trademark, trade secrets or any other intellectual property rights.
4.3.2 Pornography: Your Contribution does not contain any text, image or depiction including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene.
4.3.3 Slanderous: Your Contribution does not slander, defame or otherwise harm the good name of others.
4.3.4 Hate Speech and Racist: Your Contribution does not include any hate speech or racist opinions, and does not incite others to violent acts against persons solely with regards to their inclusion of a specific group.
4.3.5 Scams: Your Contribution is not used to initiate any scam, market manipulation, pyramid scheme, phishing or other purpose which may be used to extract goods and/or money from others, including any virtual property.
4.4 Warranty: You hereby warrant that You are either the sole proprietor or a designated licensee of any Contribution You process through service and that no other party’s rights are infringed or violated by using Contribution and Service. You moreover warrant that that no legal claim, dispute or lawsuit was filed against You or threatened against You for publishing Contribution.
4.5 Notice and Takedown Mechanism: In order to protect Your rights, 972 Magazine has set up this Notice and Takedown Mechanism to help You protect Your Contributions and to ensure that no unauthorized use is made.
4.5.1 Prescreen and Moderation: You acknowledge that 972 Magazine cannot pre-screen all Contributions, but that it shall have the right (but not the obligation) in their sole discretion to refuse or remove any Contribution or User Account that is available via the Service. 972 Magazine shall have the right to remove any Contribution or User Account that violates these Terms of Service or is otherwise objectionable.
4.5.2 Disclosure of Content: You acknowledge and agree that 972 Magazine may preserve Your Contribution and may also disclose Your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Contribution violates the rights of third parties; or (d) protect the rights, property, or personal safety of 972 Magazine, its Users, and the public. You understand that the technical processing and transmission of the Service, including your Contribution, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.5.3 Harmless: You agree and warrant to hold 972 Magazine and Users harmless and to immediately indemnify 972 Magazine or Users for any claim of copyright infringement, trademark dilution or patent infringement their use of Your Contribution according to these Terms of Service. You also agree to indemnify 972 Magazine for any third party lawsuit for Copyright infringement due to their use of Your Contribution.
4.5.4 Cease and Desist: 972 Magazine values Your Rights, and therefore shall comply with all state regulations regarding third party rights. Should you encounter any Contribution which you believe to be in violation of any of Your rights, good name or copyrights, please file an infringement complaint to our editor at firstname.lastname@example.org. 972 Magazine’s editor shall examine your complaint and forward it to the User who published said Contribution, if possible. Should Your complaint be false, harassing or in order to prevent legal use of Service, you shall bear all liability to compensate the User which you reported as infringing and/or 972 Magazine. In your complaint you will be required to inform 972 Magazine with: (i) a written statement regarding what Contribution infringes your rights and proof that You hold those rights; (ii) the exact URL of the Contribution; (iii) notification that you believe that the use made by the Contribution is not considered fair-use, criticism, consumer protest or any other protected speech.
4.5.5 Moderation: Pursuant to any Cease and Desist notification, and promptly thereafter, 972 Magazine will moderate the Content and review your request; 972 Magazine shall notify the User who posted the Content on Your complaint, including Your information and request his response, if possible.
4.5.6 Removal or Restoration: Should the User who posted the content fail to respond within 96 hours, 972 Magazine shall remove the Content; had he responded, 972 Magazine will inspect his response and had there any material questions of fact or law arise, 972 Magazine shall forward his personal information directly to You so you could commence litigation over You complaint.
4.6 Indemnification: You hereby warrant and agree to hold 972 Magazine harmless and to indemnify 972 Magazine for any damage, loss, expense, legal expense or cost incurred as a result of (i)Your posting of any Contribution in direct violation of 972 Magazine Contribution Policy, including any false representation; OR (ii) any claim, complaint or notification filed maliciously or negligently against any User where no such claim had any legal standing.
5.1 What Information is stored? 972 – Advancement of Citizen Journalism retains certain information you provide when you browse its Services, as well as information tracked using automated means.
5.1.1 Information You Provide Directly: 972 – Advancement of Citizen Journalism retains the following information when you register to its services, and may request, from time to time, additional information: your IP address (if you posted a Contribution), your email (if you posted a Contribution or subscribed to our newsletter), your name (if you posted a Contribution), and other information you specifically provided (such as content of your Contribution).
5.1.2 Information You Provide Indirectly: 972 – Advancement of Citizen Journalism may retain and store information you provide when browsing Services such as Your IP address, Your browser and operating system, Your session number, Your geolocation and other browsing information.
5.2 Who Has Access to the Information? 972 – Advancement of Citizen Journalism’s staff may have access to some of your personal information, as well as elected third parties who provide 972 – Advancement of Citizen Journalism with services have unique access to the specific information required in order to provide such services. 972 – Advancement of Citizen Journalism may convey information to such parties in order to provide You with Service; For example, 972 – Advancement of Citizen Journalism may use third parties to send its Newsletter, display videos or other content and/or provide You with advertisements.
5.3 How is the information collected? Information is collected in two distinct ways, when You browse the site, a cookie is placed in Your browser; a cookie is a small text file which may allow 972 – Advancement of Citizen Journalism to identify You personally and provide You with Services; You also provide, when using Services, some information about Yourself to 972 Magazine. Finally, 972 – Advancement of Citizen Journalism , either by itself or through third parties, may collect Your browsing habits and browsing data.
5.4 How is the information processed? The information You provide 972 – Advancement of Citizen Journalism shall be processed by it and by selected 3rd parties in order to provide You with the Services You requested (such as 972 – Advancement of Citizen Journalism’s Newsletter).
5.6 What is the information used for? 972 – Advancement of Citizen Journalism uses the information You provide in order to provide You with Services.
5.7 Can You Review, Amend or Remove Information? Yes, You may contact 972 – Advancement of Citizen Journalism at any time in regards to Your Personal Information, and after You provided 972 – Advancement of Citizen Journalism with sufficient evidence that You are the data-subject of the information, receive the option to either remove all Your personal information from 972 – Advancement of Citizen Journalism’s Servers or Amend it. Please note that such removal or amendment may be a costly process, depending on the amount of personal information retained, and that 972 – Advancement of Citizen Journalism may charge fees for such service.
6 Copyright: Unless specifically stated, all content and title in Service is copyrighted and titled to 972 Magazine. 972 Magazine provides you with a limited, personal license to use and view Services for your personal use.
7 Warranty and Liability:
7.1 No Warranty: 972 Magazine does not warrant for Service and supplies it on an “as-is” and “as-available” basis. Your Use of Service is at your own risk and under your liability. 972 Magazine makes no warranty that (i) the Service will meet your requirements and (ii) the Service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the Use of the Service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through Service will meet your expectations, or (v) any errors in the Service will be corrected.
7.2 No Liability: Under no circumstances shall 972 Magazine be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to You, any User or any third party due to its failure to perform duties herein. 972 Magazine provides Service on an “as-is” basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, User Account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use Services rendered by 972 Magazine.
8 Amendments: 972 Magazine may amend, from time to time, these Terms of Service and may, or may not, notify you as these amendments are made. Should you decide that any amendment in these Terms of Service does not meet your understanding with 972 Magazine, you may, at your own will, terminate these Terms of Service and terminate your User Account. All Contributions you created shall remain stored on Service and shall be used according to 972 Magazine’ Policies and amended terms of service. In no case will these Terms of Service have any retroactive change nor would they apply on Your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in these Terms of Service.
9 Termination: 972 Magazine may, at its sole discretion, terminate these Terms of Service, Service or any other service rendered by it due to any reason, for any User, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if 972 Magazine believes that you have violated or acted inconsistently with the understandings or spirit of the Terms of Service. 972 Magazine may also, at its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that 972 Magazine may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Service. Further, you agree that 972 Magazine shall not be liable to you or any 3rd party for any termination of your access to the Service.
10 3rd Party Advertisements: 972 Magazine may, at its sole discretion and for its own reasons, include within Service any links for third party websites, advertisements or links for applications (Third Party Content). 972 Magazine does not warrant for Third Party Content or availability thereof nor does it endorse it. 972 Magazine shall not be held, or claimed to be held, liable for any Third Party Content, its legality or illegality, its adequacy with regulations and its quality.
11 Entire Agreement, Waiver: These Terms of Service constitute the entire understandings between parties and will only be amended in writing. No waiver to perform any 972 Magazine’ rights under this agreement shall constitute amendments of it.
12 Governing Laws, Jurisdiction, No Class Action: These Terms shall be solely governed by the laws of the State of Israel, including their statutes regarding conflict of laws and may be solely brought to the competent courts of the Tel Aviv-Jaffa District. You undertake not to initiate any class action, for any reason, against 972 Magazine and to claim your damages only according to this agreement.