Citizen’s Journal Terms of Service
Last Updated: July 16, 2011
You are subject to both the WorldFreeNews.com and World Free News’ Citizen’s Journal Terms of Service. To the extent there is a conflict between the WorldFreeNews.com and the World Free News’ Citizen’s Journal Terms of Service, the World Free News’ Citizen’s Journal Terms of Service shall govern relating to any submission you make to World Free News’ Citizen’s Journal.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING WORLD FREE NEWS’ CITIZEN’S JOURNAL WEB PAGES. YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, MATERIALS, PROGRAMMING, PRODUCTS, OR ANYTHING ELSE OF USE OR VALUE ON WORLD FREE NEWS’ CITIZEN’S JOURNAL WEB PAGES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE OR ACCESS WORLD FREE NEWS’ CITIZEN’S JOURNAL WEB PAGES.
1. Acceptance of Terms of Service
Welcome to World Free News’ Citizen’s Journal, a user-generated content section of WorldFreeNews.com (“World Free News”, or “we”). World Free News’ Citizen’s Journal provides various services subject to the following Terms of Service (“TOS” or “Terms of Service”). World Free News reserves the right to alter these Terms of Service without advance notice by posting revised Terms of Service. Accordingly, you should review these Terms of Service each time you access any World Free News’ Citizen’s Journal Web pages to stay informed of any changes to the Terms of Service. If the Terms of Service have been changed, the “Last Updated” notation at the top of this page will reflect the date of those changes. Any use of World Free News’ Citizen’s Journal by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
2. General Terms of Service
World Free News’ Citizen’s Journal is available for individuals aged 13 years or older. If you are under 13, please exit this website immediately. By using World Free News’ Citizen’s Journal, 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 this website, and fulfill the obligations set forth in the TOS, which forms a binding contract between you and World Free News.
Employees (and their immediate families and household members) of World Free News are not eligible to submit material.
These TOS apply to all of World Free News’ Citizen’s Journal’s current and future Web pages and material. In addition, when using particular services provided by World Free News’ Citizen’s Journal, you shall be subject to any additional posted Terms of Service, guidelines or rules applicable to such services. All such Terms of Service, guidelines or rules are hereby incorporated by reference into the TOS. The TOS incorporates the terms of the World Free News Privacy Policy. Please see our full privacy policy at: http://worldfreenews.com/privacy-policy.
For any portion of the World Free News’ Citizen’s Journal Web pages that requires a user Account and/or password (“Account”), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
World Free News shall have the right at any time to change or discontinue any aspect or feature of World Free News’ Citizen’s Journal, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Definitions
“Account” has the definition above.
“World Free News’ Citizen’s Journal” or “World Free News’ Citizen’s Journal’s Web pages” mean, collectively, World Free News’ Citizen’s Journal and its affiliate Web sites, present and any future sites, and any and all digital services relating to World Free News’ Citizen’s Journal operated by WorldFreeNews.com.
“You” means the user or visitor to World Free News’ Citizen’s Journal.
“Privacy Policy” means World Free News’ current Privacy Policy, available at http://worldfreenews.com/privacy-policy.
“Terms of Service” means the current Terms of Service in effect as set forth herein or elsewhere on World Free News’ Citizen’s Journal and or WorldFreeNews.com.
4. Changed Terms of Service
World Free News shall have the right at any time to change or modify the Terms of Service and conditions applicable to your use of World Free News’ Citizen’s Journal, or any part thereof, including but not limited to the World Free News Privacy Policy, available at http://worldfreenews.com/privacy-policy or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on World Free News’ Citizen’s Journal Web pages, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of World Free News’ Citizen’s Journal by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. We recommend you bookmark this page and review it each time you use or access World Free News’ Citizen’s Journal, noting the “Last Updated” information at the top of this page.
5. Submissions
By submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to World Free News and its affiliates an exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party of any kind. In the event World Free News licenses your material as stand-alone content outside of World Free News’ site or, other programming to third parties unaffiliated with World Free News, World Free News shall not be under any obligation to compensate you in any way.
Your submissions are deemed non-confidential and World Free News has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the World Free News Privacy Policy, available at http://worldfreenews.com/privacy-policy .
You represent and warrant to World Free News that you have the full legal right, power and authority to grant to World Free News the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.
Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. World Free News does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.
Web site user submissions to World Free News’ Citizen’s Journal do not represent the views of World Free News’ Citizen’s Journal, World Free News, or any individual associated with World Free News’ Citizen’s Journal or World Free News, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, World Free News’ endorsement of user submissions. World Free News does not vouch for the accuracy or credibility of any content submitted by users on our World Free News’ Citizen’s Journal Web pages, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on World Free News’ Citizen’s Journal. Through your use of World Free News’ Citizen’s Journal, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using World Free News’ Citizen’s Journal, you assume all associated risks.
6. Copyrighted Material
(A) World Free News’ Citizen’s Journal contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of World Free News, including World Free News’ Citizen’s Journal are protected by United States copyright laws as a collective work and otherwise. World Free News owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by World Free News, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of World Free News and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. For further information on U.S. copyright law, you may wish to visit the Web site of the U.S. Copyright Office at: http://lcweb.loc.gov/copyright/.
(B) World Free News may, from time to time, be a distributor (and not a publisher) of content supplied by third parties other than users of World Free News’ Citizen’s Journal. Accordingly, World Free News has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of World Free News’ Citizen’s Journal, are those of the respective author(s) or distributor(s) and not of World Free News’ Citizen’s Journal or World Free News. Neither World Free News 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. World Free News neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on World Free News’ Citizen’s Journal by anyone other than authorized World Free News employees acting in their official capacities. Under no circumstances shall World Free News be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through World Free News’ Citizen’s Journal.
(C) World Free News respects the copyrights of others and expects its users to do the same. By uploading, posting or otherwise making available content on World Free News’ Citizen’s Journal, you represent that you own or otherwise have the intellectual property rights to submit such materials. You shall not upload, post or otherwise make available on World Free News’ Citizen’s Journal any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of World Free News’ Citizen’s Journal, you automatically grant, or warrant that the owner of such material has expressly granted World Free News the royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual’s personal use on World Free News’ Citizen’s Journal. You hereby grant World Free News the right to edit, copy, publish and distribute any such material made available on World Free News’ Citizen’s Journal by you.
(D) If you believe you have a claim of copyright infringement with respect to material that is posted on World Free News’ Citizen’s Journal’s Web pages, you may give World Free News written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 as explained below.
7. Conduct on World Free News’ Citizen’s Journal
(A) If you submit any materials or participate in any online forum or any other forum or similar service within or in connection with World Free News’ Citizen’s Journal, you agree to abide by the following rules of conduct:
- You agree not to post or transmit through World Free News’ Citizen’s Journal any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass, stalk or threaten others;
- You agree not to post or transmit through World Free News’ Citizen’s Journal any material that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
- You agree not to post or transmit through World Free News’ Citizen’s Journal any material that contains or advocates pornography, pedophilia, incest or bestiality;
- You agree not to post or transmit through World Free News’ Citizen’s Journal any statements that advocate or provide instruction on illegal activity or discuss illegal activities with the intent to commit them;
- You agree not to post or transmit through World Free News’ Citizen’s Journal any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to post or transmit through World Free News’ Citizen’s Journal any vulgar or obscene language or images;
- You agree not to post or transmit through World Free News’ Citizen’s Journal, without World Free News’ express prior approval, material which contains advertising or any solicitation with respect to products or services;
- You agree not to post or transmit through World Free News’ Citizen’s Journal, any software or other materials which contain a virus or other harmful or disruptive component;
- You agree not to post or transmit through World Free News’ Citizen’s Journal material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
- You agree not to upload, post, or otherwise make available on World Free News’ Citizen’s Journal Web pages any material 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. Any person determined by World Free News, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on World Free News’ Citizen’s Journal’s Web pages;
- You agree not to impersonate any person or entity, including, but not limited to, any World Free News 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 World Free News’ Citizen’s Journal users;
- You agree not to interfere with or disrupt the World Free News’ Citizen’s Journal Web pages or servers or networks connected to the Web pages, or disobey any requirements, procedures, policies or regulations of networks connected to the Web pages;
- 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 purposes, any portion of World Free News’ Citizen’s Journal’s Web pages, use of the Web pages, or access to the Web pages;
- 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 World Free News’ Citizen’s Journal; and
- You agree that no 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 entitled to compensation from World Free News.
Any conduct that in World Free News’ sole discretion restricts or inhibits anyone else from using or enjoying World Free News’ Citizen’s Journal will not be permitted. World Free News reserves the right in its sole discretion to remove or edit messages or material submitted by you and to terminate your account for any reason. World Free News is not responsible for material submitted to World Free News’ Citizen’s Journal or posted in chat rooms, on bulletin boards or on other forums by users of World Free News’ Citizen’s Journal.
(B) The foregoing provisions of this Section 7 are for the benefit of World Free News, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
8. Monitoring
World Free News shall have the right, but not the obligation, to monitor the content of World Free News’ Citizen’s Journal, including online forums, to determine compliance with these Terms of Service. World Free News shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on World Free News’ Citizen’s Journal. Without limiting the foregoing, World Free News’ Citizen’s Journal shall have the right to remove any material that World Free News, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. In addition, World Free News may share personally identifiable information in response to a law enforcement agency’s request, or where we believe it is necessary, or as otherwise required or permitted by law. See World Free News Privacy Policy located at http://worldfreenews.com/privacy-policy .
The decision by World Free News’ Citizen’s Journal to monitor and/or modify the content of World Free News’ Citizen’s Journal does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of World Free News’ Citizen’s Journal in connection with or arising from use by you of World Free News’ Citizen’s Journal or participation in any online forums or interactive features of World Free News’ Citizen’s Journal.
9. Third-Party Links, Sponsors and Frames
(A) World Free News’ Citizen’s Journal may provide links to other World Wide Web sites or resources. Because World Free News has no control over such sites and resources, you acknowledge and agree that World Free News is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that World Free News shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.
(B) World Free News’ Citizen’s Journal may contain commercial images and/or links to sponsors of World Free News’ Citizen’s Journal. World Free News is not responsible or liable for the content of those images and/or links.
(C) No third party may use framing technologies or functionalities to contain any content provided by World Free News’ Citizen’s Journal, for purposes either commercial or non-commercial, without express prior and written consent from World Free News.
10. Disclaimer of Warranty; Limitation of Liability
(A) You expressly agree that use of World Free News’ Citizen’s Journal is at your sole risk. Neither World Free News’ Citizen’s Journal, its affiliates nor any of their respective employees, or agents warrant that World Free News’ Citizen’s Journal will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of World Free News’ Citizen’s Journal, or as to the accuracy, reliability or content of any information, service, or merchandise provided through World Free News’ Citizen’s Journal.
(B) WORLD FREE NEWS’ CITIZEN’S JOURNAL 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) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WORLD FREE NEWS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OF WORLD FREE NEWS’ CITIZEN’S JOURNAL OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL WORLD FREE NEWS, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WORLD FREE NEWS’ CITIZEN’S JOURNAL, 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 WORLD FREE NEWS’ CITIZEN’S JOURNAL, NOR SHALL WORLD FREE NEWS, ITS PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WORLD FREE NEWS’ CITIZEN’S JOURNAL BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO WORLD FREE NEWS’ CITIZEN’S JOURNAL, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF SECTION 10 SHALL APPLY TO ALL CONTENT ON WORLD FREE NEWS’ CITIZEN’S JOURNAL.
(E) IN ADDITION TO THE TERMS OF SERVICE SET FORTH ABOVE, NEITHER WORLD FREE NEWS, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WORLD FREE NEWS’ CITIZEN’S JOURNAL, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSIONTHEREOF TO THE USER, 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 WORLD FREE NEWS’ CITIZEN’S JOURNAL, NOR ITS PARENT OR AFFILIATED COMPANIES, 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.
(F) World Free News disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing World Free News’ Citizen’s Journal, you acknowledge and agree to World Free News’ disclaimer of any such liability. If you do not agree, you should not access or use World Free News’ Citizen’s Journal.
11. Termination
You agree that World Free News, in its sole discretion, may terminate your Account, password, and User Name and/or use of the World Free News’ Citizen’s Journal Web pages, and may remove and discard any content within the World Free News’ Citizen’s Journal Web pages, for any reason, including, without limitation, if World Free News believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the World Free News’ Citizen’s Journal Web pages under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that World Free News may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the World Free News’ Citizen’s Journal Web pages. Further, you agree that World Free News shall not be liable to you or any third-party for any termination of your access to the Web pages. The provisions of Sections 6, 9 (C), 10, 12, 13 and this Section 11, shall survive termination of these Terms of Service.
12. Indemnification
You agree to defend, indemnify and hold harmless World Free News, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of World Free News’ Citizen’s Journal by you or your Account by you or any other person using the Account. World Free News reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide World Free News with such cooperation as is reasonably requested by World Free News.
13. Trademarks
“World Free News’ Citizen’s Journal” and the World Free News’ Citizen’s Journal logo, are service marks of World Free News. All rights reserved. All other trademarks, logos and service marks appearing on World Free News’ Citizen’s Journal are the property of World Free News or their respective owners.
14. Miscellaneous
These Terms of Service and any operating rules for World Free News’ Citizen’s Journal established by World Free News constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. These Terms of Service shall be construed in accordance with the laws of the State of Kansas, without regard to its conflict of laws rules. If you access World Free News’ Citizen’s Journal from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Service will remain binding upon the parties.
15. Force Majeure
World Free News shall not be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Compliance with the Digital Millennium Copyright Act of 1998
World Free News is committed to full compliance with U.S. copyright law, and expects its users to do the same. Accordingly, as a courtesy, World Free News is providing the following information regarding its understanding of the Digital Millennium Copyright Act of 1998 (“DMCA”) concerning notice of claimed online copyright infringement. World Free News is not providing legal advice. Any persons wishing to assert or oppose a claim under the DMCA should consult their own legal adviser concerning these matters.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed online. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements based on unauthorized use of their protected works appearing on web pages hosted by the service provider. Upon receipt of properly filed complaints satisfying the requirements of the DMCA, World Free News will remove or block access to the allegedly infringing material posted by third party users of the World Free News’ Citizen’s Journal Web pages. If an World Free News’ Citizen’s Journal user who posted such material believes in good faith that a notice of copyright infringement has been wrongly filed, the user may submit a counter-notice to assert a private dispute with the claimed copyright owner. World Free News will not be a party to such disputes over alleged copyright infringement.
Notification of Claimed Copyright Infringement.
If you believe in good faith that information posted by a user on an World Free News’ Citizen’s Journal Web site violates your rights under U.S. copyright law, please contact us immediately at http://worldfreenews.com/contact-us .
Responding to a Claim of Copyright Infringement.
If you receive a notice of copyright infringement for material you have posted on an World Free News Web site, please contact us immediately at http://worldfreenews.com/contact-us .
More information on U.S. copyright law can be found at the following Web sites:
If you believe in good faith that information posted by a user on World Free News’ Citizen’s Journal violates your rights under U.S. copyright law, you may notify World Free News in the manner described below. You should be aware that U.S. copyright law provides substantial penalties for false claims of copyright infringement. According to the Digital Millennium Copyright Act of 1998 (“DMCA”), claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
Notice and Procedure for Making Claims of Copyright Infringement regarding Materials on World Free News’ Citizen’s Journal
You may give World Free News written notification of your claim in accordance with the requirements of the Digital Millennium Copyright Act of 1998 as provided in the DMCA and summarized below. The World Free News’ Citizen’s Journal Administrator is WORLD FREE NEWS’s “Designated Agent” for purposes of receiving notice under the DMCA relating to World Free News’ Citizen’s Journal.
Written notification of your claim must be submitted as instructed by World Free News.
To be effective, the notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Web site are covered by a single notification, a representative list of works at that site;
- Identification of the material that is claimed to be infringing 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 the service provider to locate the material;
- Information reasonably sufficient to permit World Free News to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Upon receipt of the written notification containing the information as outlined in paragraphs 1) through 6) above:
- World Free News shall remove or disable access to the material that is alleged to be infringing and shall forward the written notification to the person or entity who posted the material at issue;
- World Free News shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
Counter Notification
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to World Free News’ Designated Agent relating to World Free News’ Citizen’s Journal within thirty (30) days of the date the material was removed from the site.
To be effective, a counter notification must be a written communication that includes substantially the following:
- A physical or electronic signature of the person submitting the counter notification;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material or the owner of the rights to be removed or disabled; and
- The person’s name, address, and telephone number, and a statement that the he or she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the person’s address is outside of the United States, for any judicial district in which World Free News may be found, and that the person will accept service of process from the complaining party or an agent of such person.
- Upon receipt of a counter notification containing the information as outlined in paragraphs 1) through 4) above:
- World Free News shall promptly provide the complaining party with a copy of the Counter Notification; and
- World Free News shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days.
World Free News shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided World Free News’ Designated Agent relating to World Free News’ Citizen’s Journal has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on World Free News’ Citizen’s Journal’.
Copyright © 2011 The Citizen’s Journal and World Free News’ Citizen’s Journal are trademarks of WorldFreeNews.com, a Blarney Stone LLC publication. All rights reserved.