This Subscriber Agreement governs your use of the portions of the website located at https://www.chronicleofsocialchange.org for which registration and payment of a subscription fee is required (the “Chronicle Subscriber Website”). [https://chronicleofsocialchange.org/subscribe]
READ THE TERMS AND CONDITIONS SET FORTH BELOW CAREFULLY BEFORE CONTINUING OR USING THE CHRONICLE SUBSCRIBER WEBSITE (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE CHRONICLE SUBSCRIBER WEBSITE. BY CLICKING “SUBSCRIBE,” PAYING FOR YOUR SUBSCRIPTION, AND CONTINUING YOUR USE OF THESE SERVICES, YOU INDICATE YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT, AND YOUR USE OF THE CHRONICLE SUBSCRIBER WEBSITE SHALL BE AT ALL TIMES SUBJECT TO THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
This Subscriber Agreement constitutes a binding contract between you (“Subscriber”) and Fostering Media Connections, (together with its affiliates, “Fostering Media Connections”). Your access to the Chronicle Subscriber Website is conditioned upon payment of the subscription fee. Access shall not be granted until your payment clears and may be suspended if your payment is revoked or charged back. This Subscriber Agreement may change from time to time and such changes shall take effect immediately upon your payment of any subscription fee that you may be required to pay for your continued use of the Chronicle Subscriber Website. If you do not agree to be bound by these terms, you may not access or use the Chronicle Subscriber Website. The most current version of this Subscriber Agreement may be viewed anytime at https://www.chronicleofsocialchange.org. [https://chronicleofsocialchange.org/terms-of-service/subscriber-terms-of-use].
YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS CAREFULLY PERIODICALLY AND WHEN THE CHRONICLE SUBSCRIBER WEBSITE POSTS NOTICE THAT THIS SUBSCRIBER AGREEMENT HAS CHANGED, AND BY PAYING ANY SUBSEQUENT SUBSCRIPTION FEES, YOU WILL AGREE TO AND ACKNOWLEDGE SUCH CHANGES TO THE SUBSCRIBER AGREEMENT.
Use of Materials and Services on the Chronicle Subscriber Website
None of the content unlocked by payment of the subscription fee (“Paid Content”) may be reproduced or distributed at any time for any reason. You are not allowed to copy and distribute grant information or other Paid Content from the Chronicle Subscriber Website.
Upon your acceptance of this Subscriber Agreement, you are granted a limited, revocable, and non-exclusive license, without right to sublicense, to access, use, and download material on the Chronicle Subscriber Website in accordance with Fostering Media Connections’ specifications provided above. Nothing in this Subscriber Agreement 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 the Chronicle or the Chronicle Subscriber Website 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 Subscriber 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 by Fostering Media Connections, 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 Subscriber Website
If you are an individual, you will select a user name and password at the time you complete your registration on the Chronicle Subscriber Website. If you are an entity or governmental agency, upon purchasing a subscription to the Chronicle Subscriber Website that permits access by one or more of your authorized users, you may designate those of your authorized users who will be permitted to access the Chronicle Subscriber Website on your behalf, subject to the maximum number of authorized users to which you are permitted to grant access to the Chronicle Subscriber Website. Such authorized users must complete the Chronicle Subscriber Website’s registration process in order to receive passwords that will permit them to access the Chronicle Subscriber Website. (For the avoidance of doubt, if you are an authorized user of an entity or governmental agency that has purchased a subscription to the Chronicle Subscriber Website, all of the rights, obligations and agreements stated in this Subscriber Agreement as applicable to “you” shall apply equally to you as such an authorized user.) Only one individual may access the Chronicle Subscriber Website at a time using the same user name and password. You are responsible for maintaining the confidentiality of the user name and password and are fully responsible for all activities that occur under your user name or password, and, if you are an entity or governmental agency, for all activities that occur under the user names and passwords of your authorized users to the extent such user names or passwords are used or misused in connection with the Chronicle Subscriber Website by you.
You are responsible for ensuring that no unauthorized person will have access to your user name, password or account. It is your sole responsibility to monitor and control access to and use of your user name, password and account. Your user name, password and account are not transferable. You grant Fostering Media Connections and all other persons and entities involved in the operation of the Chronicle Subscriber Website the right to transmit, monitor, store, retrieve and use your information in connection with the operation of the Chronicle Subscriber Website. You agree to (a) immediately notify Fostering Media Connections of any unauthorized use of your user name, password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fostering Media Connections cannot and will not be liable for any loss or damage arising from your (or any authorized users’) failure to comply with the provisions of this Section.
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 Subscriber Website and shall only be obligated to refund a pro-rata share of the subscription fee for the unused portion of the period for which such fee entitled your use of the Chronicle Subscriber Website if such termination is without cause (cause may include, but is not limited to, breach of this Subscriber Agreement, violation of law, infringement of intellectual property, libel, or violation of rights of privacy or publicity). You agree that Fostering Media Connections will not otherwise be liable to you or any third party if for any reason the Chronicle Subscriber Website is unavailable at any time or for any period. Fostering Media Connections further reserves the right to impose additional or other registration, password and other security precautions on access to and use of the Chronicle Subscriber Website.
Legal Notices and Proprietary Rights
You agree not to take any action that would infringe, misappropriate, or violate the Fostering Media Connection’s intellectual property interests. You agree not to upload or otherwise place any information on the Chronicle Subscriber 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 IS 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 FORESEEABLE. FOSTERING MEDIA CONNECTIONS IS NOT LIABLE FOR ANY LOSS OF DATA OR CORRUPTION. FOSTERING MEDIA CONNECTIONS IS 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 FOSTERING MEDIA CONNECTIONS SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE CHRONICLE SUBSCRIBER WEBSITE.
Uploading Materials to the Chronicle Subscriber Website
The Chronicle Subscriber Website, including all comments posted on the Chronicle Subscriber Website, is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Fostering Media Connections has all rights therein. By posting content on the Chronicle Subscriber Website, you are giving Fostering Media Connections and its agents and third party contractors the right to display or publish such content in the Chronicle, on the Chronicle Subscriber Website and its affiliated publications, whether in the form submitted or in the form of a derivative or adapted work. You also grant the Chronicle Subscriber Website 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 Subscriber 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 Fostering Media Connections receives a subpoena issued by a court or from a law enforcement or government agency, Fostering Media Connections 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 Subscriber Website constitutes a violation of their intellectual property rights or of their right to privacy or publicity.
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 Fostering Media Connections 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 Fostering Media Connections all of the rights granted herein. Further, you agree not to publish falsehoods or misrepresentations that could damage Fostering Media Connections 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.
Termination; Equitable Remedies
Fostering Media Connections may terminate this Subscriber Agreement (including your rights hereunder) at any time, with or without notice and with or without cause. The terms of this Subscriber Agreement that, by their nature, survive the termination or expiration of this Subscriber Agreement, shall so survive.
You acknowledge and agree that any unauthorized use or disclosure by you of the Chronicle Subscriber 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 this Subscriber Agreement 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 are responsible for any harm Fostering Media Connections suffers as a result of your use of the Chronicle Subscriber Website, your violation of this Subscriber Agreement, or any breach by you of your representations and warranties. 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.
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 Chronicle Subscriber Website.
Modifications to Subscriber Agreement
Fostering Media Connections reserves the right to change or modify this Subscriber Agreement 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 your payment of any subscription fee that you may be required to pay for your continued use of the Chronicle Subscriber Website. When changes are made, Fostering Media Connections will revise the updated date at the bottom of this Subscriber Agreement. Fostering Media Connections encourages you to frequently check this Subscriber Agreement for any changes. You acknowledge and agree that it is your responsibility to review this Subscriber Agreement periodically and to apprise yourself of modifications. You waive any right to receive specific notice of such changes or modifications. Your payment of subsequent subscription fees, continued access, downloading, or use of the Chronicle Subscriber Website will constitute and confirm your continued agreement with this Subscriber Agreement and acceptance of any changes.
Should any term of this Subscriber Agreement 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 this Subscriber Agreement that can be given effect shall continue to be given effect.
This document was last updated on January [ 30 ], 2013.