Terms of Use

This page (together with the documents referred to on it) (these “Terms of Use”) tells you the terms under which you may use the portions of the website located at https://www.chronicleofsocialchange.org for which neither registration nor a subscription fee is required (the “Chronicle Website”).  Please read these Terms of Use carefully before you start to use the Chronicle Website, as these Terms of Use constitute a binding contract between you and Fostering Media Connections (together with its affiliates, “Fostering Media Connections”), a California nonprofit public benefit corporation which operates the Chronicle of Social Change (the “Chronicle”). These Terms of Use may change from time to time. Your continued use of the Chronicle Website after changes are made is deemed to be acceptance of those changes, so please check back periodically for updates.  If you do not agree to be bound by these terms, you may not access or use the Chronicle Website.  The most current version of these Terms of Use may be viewed anytime at https://www.chronicleofsocialchange.org. [https://chronicleofsocialchange.org/terms-of-service/general-terms-of-use.]

Use of Materials and Services on the Chronicle Website

The Chronicle’s mission is to accurately cover news and events in the field of children and youth, with a particular focus on solutions to the problems service providers face when trying to help children and youth. Our policy is to allow limited reproduction and distribution of the copyrighted materials on the Chronicle Website as follows with prior permission only, which Fostering Media Connections may grant or withhold in its sole discretion.

Please forward requests for reproduction and distribution to: jkelly@chronicleofsocialchange.org. Permission may be granted to copy and distribute content from the Chronicle Website, in Fostering Media Connections’ sole discretion, provided that (1) the particular article or section is reproduced in its entirety in its original form (you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark or other proprietary notices); (2) all copies include a statement above the content that the material was reproduced from the Chronicle of Social Change with the permission of Fostering Media Connections; (3) if reprinted on another website, a link to the original article must be included; and (4) the copies are distributed only for the noncommercial, educational or public policy purposes. Fostering Media Connections holds the exclusive right to grant these permissions. Upon receipt of permission from Fostering Media Connections, you are granted a limited, revocable, and non-exclusive license, without right to sublicense, to download and access the material provided. Nothing in these Terms of Use or any other applicable terms and conditions shall be construed as conferring any license to any intellectual property rights other than the express permissions granted herein.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost, upload, resell, lease, transfer, commercially use, disassemble, decode, decompile or otherwise use the content of our site without prior written authorization from Fostering Media Connections.  Any unauthorized use or attempted unauthorized use of the materials, other than as specifically authorized herein, without the express prior written permission of Fostering Media Connections or its licensors, is strictly prohibited and will, among other things, automatically terminate the license granted herein.  Such unauthorized use or attempted unauthorized use may also violate applicable laws.

These materials available on the Chronicle Website are the property of Fostering Media Connections, and its licensors and are protected by United States and international copyright and other laws. Unless otherwise indicated, all materials provided, including but not limited to designs, text, graphics, image files, sound files, information, data, software, documentation, technology, and other files, are the proprietary property of Fostering Media Connections. All copyright, trademark, and other proprietary rights in these materials are reserved to Fostering Media Connections and its licensors.

Access to the Chronicle

Access to the Chronicle Website is permitted on a temporary basis, and Fostering Media Connections reserves the right to withdraw or amend the service it provides on the Chronicle Website without notice. Fostering Media Connections reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Chronicle Website.  From time to time, Fostering Media Connections may restrict or suspend access to some parts of the Chronicle Website or may close the Chronicle Website indefinitely. You agree that Fostering Media Connections will not be liable to you or any third party for any modification of the Chronicle Website or if for any reason the Chronicle Website is unavailable at any time or for any period.

Privacy Policy

You agree to the terms of our [https://chronicleofsocialchange.org/privacy], which is incorporated herein by reference.

Legal Notices and Proprietary Rights

You agree not to take any action that would infringe, misappropriate, or violate Fostering Media Connection’s intellectual property interests. You agree not to upload or otherwise place any information on the Chronicle Website that would infringe or otherwise violate anyone’s intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation.

Exclusions of Warranties and Disclaimer

THE MATERIALS ARE PROVIDED AS IS AND NO WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO ANY MATERIALS PROVIDED BY FOSTERING MEDIA CONNECTIONS.  FOSTERING MEDIA CONNECTIONS DOES NOT WARRANT THAT THESE MATERIALS WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, WILL BE UNINTERRUPTED OR ERROR-FREE, OR WILL BE UPDATED.  FOSTERING MEDIA CONNECTIONS EXPRESSLY EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT AS WELL AS ANY WARRANTY THAT THE MATERIALS ARE FREE FROM VIRUSES, BUGS, OR MALWARE. ANY MATERIALS ARE ACCESSED, DOWNLOADED, OR USED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA.

Limitation of Liability

IN NO EVENT SHALL FOSTERING MEDIA CONNECTIONS OR ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, ASSOCIATES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR RECOVERIES IN EQUITY OF ANY KIND. FOSTERING MEDIA CONNECTIONS AND THE CHRONICLE ARE NOT RESPONSIBLE FOR ANY LOSS ARISING OUT OF OR RELATING TO YOUR USE, INABILITY TO USE, OR RESULTS OF THE USE OF THESE MATERIALS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEABLE. FOSTERING MEDIA CONNECTIONS AND THE CHRONICLE ARE NOT LIABLE FOR ANY LOSS OF DATA OR CORRUPTION.  FOSTERING MEDIA CONNECTIONS AND THE CHRONICLE ARE NOT RESPONSIBLE FOR ANY MISTAKES, OMISSIONS, ERRORS, DEFECTS, VIRUSES, BUGS, OR MALWARE. FOSTERING MEDIA CONNECTIONS WILL NOT BE RESPONSIBLE, OR LIABLE TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS POSTED BY USERS OF THE SITE. ANY CLAIM BROUGHT AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE CHRONICLE WEBSITE.

Uploading Materials to the Chronicle Website

The Chronicle website, including all comments posted on the Chronicle Website, is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we have all rights therein.  By posting content on the Chronicle website, you are giving us and our affiliates, agents and third party contractors the right to display or publish such content on the Chronicle Website and its affiliated publications, whether in the form submitted or in the form of a derivative or adapted work.  You also grant Fostering Media Connections the right to store and distribute such content, as well as to use such content for promotional and marketing purposes.  Any material you upload to the Chronicle Website will be considered non-confidential and non-proprietary, and Fostering Media Connections has the right to use, copy, distribute and disclose to third parties any such material for any purpose. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your personally identifiable or other information in response thereto.  Fostering Media Connections also reserves the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Chronicle Website constitutes a violation of their intellectual property rights or of their right to privacy.

You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all intellectual property or other proprietary rights in and to any and all such submissions.  You agree that you will not submit material that is copyrighted by a third party, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein.  Further, you agree not to publish falsehoods or misrepresentations that could damage us or any third party; submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or post advertisements or solicitations of business.

Opinions and other statements expressed by users and third parties are theirs alone and not opinions of Fostering Media Connections. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed.  Fostering Media Connections reserves the right to remove any material or posting without prior notice.

Hyperlinks

You may find hyperlinks to third-party web sites or materials located throughout the Chronicle Website.  Fostering Media Connections makes no claim or representation regarding the content, nature, or quality of any such third-party web sites accessible by hyperlink.  Such sites are not under Fostering Media Connections’ control and it is not responsible for the content, nature, or quality of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites.  Your use of any site to which you navigate from the Chronicle Website is subject to that site’s terms of use and privacy policy, if any. It shall be your sole responsibility to review the applicable terms and policies of any site to which you navigate from the Chronicle Website.

Termination; Equitable Remedies

Fostering Media Connections may terminate these Terms of Use (including your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive.

You acknowledge and agree that any unauthorized use or disclosure by you of the Chronicle Website or any infringement or violation of Fostering Media Connections intellectual property rights, shall cause Fostering Media Connections irreparable injury for which Fostering Media Connections could not be fully compensated by money damages. You agree that, in the event of such a violation, Fostering Media Connections would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further Fostering Media Connections would be entitled to recover from you its attorneys’ fees and costs incurred in seeking and obtaining such relief.

Choice of Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to any conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Santa Clara County, California. You hereby irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction of such courts for these purposes, and you hereby waive any objection to laying venue in any such courts.

Limitation of Claims

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or action brought against Fostering Media Connections must be filed within one (1) calendar year after such claim or cause of action arises, or it shall be deemed waived and forever barred.

Indemnification

You are responsible for any harm Fostering Media Connections suffers as a result of your use of the Chronicle Website, your violation of these Terms of Use, or any breach by you of your representations and warranties.  You agree to defend, indemnify and hold harmless Fostering Media Connections and its directors, employees, agents, licensors, contractors, associates, affiliates, or agents from and against any claims, damages, costs, liabilities, and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to your use of the Chronicle Website.

Modifications to Terms of Use

Fostering Media Connections reserves the right to change or modify these Terms of Use or any other applicable terms and conditions at any time and at its sole discretion.  Any such changes or modifications will be effective immediately upon posting of the revisions.  When changes are made, Fostering Media Connections will revise the updated date at the bottom of this page. Fostering Media Connections encourages you to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and to apprise yourself of modifications.  You waive any right to receive specific notice of such changes or modifications.  Your continued access, downloading, or use of the Chronicle Website will constitute and confirm your continued agreement with these Terms of Use and acceptance of any changes.

Severability

Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, Fostering Media Connections and you agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect.

Entire Agreement

These Terms of Use, the Privacy Policy referenced herein, and any other applicable terms and conditions, whether referenced in these Terms of Use or not, constitute the entire agreement between the parties. These Terms of Use are binding on you, your successors, and any permitted assigns. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use, which will remain in full force and effect.

This document was last updated on January [ 30 ], 2013.

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