(A) Governing Terms. This web site, including the features and services available from the site such as RSS feeds, podcasts, and embeddable video, is an interactive on-line service operated by The Johnsonian, Winthrop’s weekly student newspaper. These Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the site in relation to a specific service or feature set forth the terms and conditions that apply to your use of www.mytjnow.com. By using www.mytjnow.com, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Service, you should not access or use our site.
(B) Changes to Terms of Service. The Johnsonian may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site. The Johnsonian may change or discontinue any aspect, service or feature of the site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(D) Registration. You may be given the opportunity to register via an online registration form to create a user account (your “Account”) that may allow you to receive information from The Johnsonian and/or to participate in certain features on the Site such as certain Interactive Areas. The Johnsonian will use the information you provide with caution. And we never sell the information for commercial use or any use otherwise. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that The Johnsonian may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.
(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of www.mytjnow.com and all charges related to the same.
Community Guidelines & User Content
(A) Interactive Areas. Mytjnow.com may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on www.mytjnow.com, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and The Johnsonian.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with mytjnow.com, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
• You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
• You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to upload, post or otherwise transmit, without The Johnsonian’s express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
• You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
• You agree not to impersonate any person or entity, including, but not limited to, any Johnsonian or Winthrop employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about mytjnow.com users or posting private information about a third party;
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
• You agree not to interfere with or disrupt mytjnow.com or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of mytjnow.com, use of www.mytjnow.com, or access to mytjnow.com;
• You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by The Johnsonian, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the site;
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by www.mytjnow.com;
• You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by The Johnsonian.
Any conduct that in The Johnsonian’s sole discretion restricts or inhibits anyone else from using or enjoying mytjnow.com will not be permitted. The Johnsonian reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. The Johnsonian is not responsible for User Content submitted to the site or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of mytjnow.com.
(C) Monitoring. The Johnsonian shall have the right, but not the obligation, to monitor User Content posted or uploaded to mytjnow.com to determine compliance with these Terms of Service and any operating rules established by The Johnsonian and to satisfy any law, regulation or authorized government request. Although The Johnsonian has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the site, it reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.
(D) License to User Content. By submitting User Content to mytjnow.com, you automatically grant The Johnsonian the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant The Johnsonian the right to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms of Service.
Third Party Content
The Johnsonian is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of www.mytjnow.com, are those of the respective author(s) or distributor(s) and not of The Johnsonian or Winthrop University. Neither The Johnsonian nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through mytjnow.com represents the opinions and judgments of the respective user or information provider not under contract with The Johnsonian. The Johnsonian neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party. Under no circumstances will The Johnsonian be liable for any loss or damage caused by your use or reliance on information obtained through mytjnow.com. The Johnsonian is not responsible for any actions or inaction on your part based on the information that is presented on the site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The Johnsonian. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Furthermore, unsolicited commenting, or solicitation of products or services via the “comment” feature is STRICTLY FORBIDDEN. Those in violation face legal action and are subject to fines. These fines are assigned at the discretion of The Johnsonian and the parties in question will be billed for advertising on the site.
Advertisements and Promotions
The Johnsonian may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than The Johnsonian, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Johnsonian is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
5. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF WWW.MYTJNOW.COM IS AT YOUR SOLE RISK. NEITHER THE JOHNSONIAN NOR ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WWW.MYTJNOW.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH MYTJNOW.COM.
(B) MYTJNOW.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) MYTJNOW.COM MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON MYTJNOW.COM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE JOHNSONIAN IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN MYTJNOW.COM.
(D) THE JOHNSONIAN NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(E) IN NO EVENT WILL THE JOHNSONIAN OR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MYTJNOW.COM.
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER THE JOHNSONIAN OR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MYTJNOW.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER THE JOHNSONIAN OR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
The Johnsonian may terminate or suspend these Terms of Service at any time without notice to You. Without limiting the foregoing, The Johnsonian shall have the right to immediately terminate your Account in the event of any conduct by you which The Johnsonian, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service.
The Johnsonian owns all rights to its logos and trademarks used in connection with the Site. All other logos and trademarks appearing on mytjnow.com are the property of their respective owners.
These Terms of Service were last updated on July 8, 2010.