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Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: September 18, 2007
This Terms of Use Agreement was last updated on March 01, 2008
This Terms of Use Agreement sets forth the standards of use of the City Journalist Directory CJD™© Online Service for Registered Members and buyers of files. By using the http://www.cityjournalistdirectory.com website you (the 'Member' or buyer) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at http://www.cityjournalistdirectory.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Site Usage Agreement
By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client's behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changed base on our community, imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any images, videos, books or other files listed under the CityJournalistDirectory.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded.
2. Use of this site
This site is owned and operated by City Journalist Directory. All images, videos, books and related informational materials in any medium provided by City Journalist Directory hereunder, including related text, captions, or information are owned by City Journalist Directory and by our image, video providers, members of our community. All Images, videos, books and other files are protected by US and international copyright laws.This site contains both Images, Videos that depict a visible watermark (Watermarked Images, Videos) and Images, Videos that do not contain a visible watermark (Non-Watermarked Images, Videos). City Journalist Directory allows you to search for, view, and use Watermarked Images, Videos only as permitted below. If you have registered for a City Journalist Directory account and City Journalist Directory has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. City Journalist Directory reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from City Journalist Directory. All rights not specifically granted under this Agreement are reserved to City Journalist Directory. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Images, videos, books or related information. City Journalist Directory may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, Videos, Books or other files, delete all Images, Videos, Books or other files and all copies from all media and destroy all other copies. Your use of this site and any Images, Videos, Books and other files shall comply with all applicable law. City Journalist Directory may restrict or remove your access to this site at any time, or restrict or remove the use of any Image, Video, Book or other file for any reason, and may replace the Image, Video, Book or other file with another Image, Video, Book or other file, and you agree to immediately discontinue all use of the Image, Video, Book or other file upon notification from City Journalist Directory. Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images, videos, books and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image, Video, Book or other file requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by City Journalist Directory or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors. City Journalist Directory makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. While the responsibility for the images, videos, books and other files uploaded is entirely on the Contributing Member’s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements. If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.
3. Children
Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
4. Use of Watermarked Images and Videos - Using images and videos for comping
Images and Videos include without limitation all digital images, videos and any related textual information (including captions and credits). Images and Videos include visibly or electronically watermarked and reduced resolution Images and Videos (Non-Watermarked or Watermarked Images and Videos) or higher resolution non-watermarked Images and Videos (Non-Watermarked Images and Videos). Conditional upon your compliance with this Agreement, City Journalist Directory grants you a limited license to download Watermarked Images and Videos solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Image and Video according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Image and Video in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image or Video. Except for this limited, internal testing and sample use, City Journalist Directory grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image and Video.
5. Description of Service
City Journalist Directory CJD™© is providing Member with [Image/Video Display and Vending service]. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
6. Disclaimer of Warranties.
The site is provided by City Journalist Directory CJD™© on an 'as is' and on an 'as available' basis. To the fullest extent permitted by applicable law, City Journalist Directory CJD™© makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. City Journalist Directory CJD™© shall have no liability for any interruptions in the use of this Website. City Journalist Directory CJD™© disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
7. Limitation of Liability
City Journalist Directory CJD™©SHALL NOT be liable for any damages whatsoever, and in particular City Journalist Directory CJD™© shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if City Journalist Directory CJD™© has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
8. Indemnification
Member and buyer agrees to indemnify and hold City Journalist Directory CJD™©, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's and buyer's use of the Service, the violation of this Agreement, or infringement by Member and buyer, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
9. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify City Journalist Directory CJD™© of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of City Journalist Directory CJD™©
10. Modifications and Interruption to Service
City Journalist Directory CJD™© reserves the right to modify or discontinue the Service with or without notice to the Member. City Journalist Directory CJD™© shall not be liable to Member or any third party should City Journalist Directory CJD™© exercise its right to modify or discontinue the Service. Member acknowledges and accepts that City Journalist Directory CJD™© does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
11. Copyright
The Contributing Member acknowledges that City Journalist Directory prohibits any Image, Video, Book or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at CityJournalistDirectory.com. By uploading his/her Image, Video, Book or other Files, the Contributing Member is warranting that he/she owns all proprietary rights, including copyright, in and to the uploaded content. The Contributing Member acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on City Journalist Directory’s servers. City Journalist Directory reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info. The Contributing Member hereby grants City Journalist Directory a non-exclusive license to post the Image, Video, Book or other File on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants City Journalist Directory and its representatives the right to sublicense the Image, Video, Book or other File to their customers in accordance with the terms of the City Journalist Directory Royalty-Free License Agreement, a copy of which the Contributing Member acknowledges reviewing and agreeing to. The Parties agree that the Contributing Member shall retain all rights, including title and copyright, in and to the uploaded Images, Videos, Books and other Files, unless otherwise mentioned by the license agreement. The Contributing Member acknowledges that no monetary or financial compensation is owing or required to be paid to the Contributing Member by City Journalist Directory or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Contributing Member. While City Journalist Directory acknowledges that its policy is to provide the Contributing Member with certain payments whenever an Image, Video, Book or other File uploaded by the Contributing Member is downloaded, the parties agree that City Journalist Directory may amend such policy from time to time, as reasonable business objectives may require. Currently, each Contributing Member may request to be paid for his/her balance on CityJournalistDirectory.com and City Journalist Directory is obligated to pay via check or similar means, once the balance has reached $50 and the Contributing Member has submitted a payment request via website. City Journalist Directory is entitled to carefully analyze all details and logs of the Contributing Member and his/her downloads/sales on the website. If any suspicion exists, CityJournalistDirectory.com has the right to delay the payment request until all details are cleared or to refuse the payment. The Contributing Member is entitled to disable file(s) from his portfolio by using the appropriate section of CityJournalistDirectory.com. Once disabled the files are to be removed from all public pages of the site in maximum 24 hours. City Journalist Directory is entitled to keep an offline copy of the files for several months, in order to allow previous buyers to verify the accuracy of the content or to allow the Contributing Member to reactivate the file(s). After this time interval expired, CityJournalistDirectory.com shall erase all files. Should the Contributing Member enter an agreement with City Journalist Directory which provides exclusive rights to the agency or towards its customers, the Contributing Member bounds himself to disable the image, Video or Book or other File from all other sites according to the specific terms of the Exclusive Royalty-Free or Exclusive Editorial agreement. The Contributing Member agrees that neither CityJournalistDirectory.com nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image, Video, Book or other file. The Contributing Member further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image, Video, Book or other file.
12. Notification of copyright infringement
City Journalist Directory may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on City Journalist Directory‘s site, send City Journalist Directory a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the City Journalist Directory site; (iv) information sufficient to permit City Journalist Directory to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Sell the rights option - Contributing Member Image, Video, Book and other File Copyright Release Form For valuable consideration: I hereby authorize City Journalist Directory to publish, distribute, and sell all photographs that I submit to them in their web site assignments at www.CityJournalistDirectory.com I understand that by submitting images, Videos, Books and other Files to CityJournalistDirectory.com, I authorize City Journalist Directory to duplicate, print, distribute or resell any and all submitted images, Videos and other files, for sale to the public or for commercial applications. I also understand that any image or Video that includes a recognizable person or property requires written consent from that person or owner prior to submission and I should attach a signed Model Release document or a Property Release document specifically signed for CityJournalistDirectory.com. I am aware and fully understand that CityJournalistDirectory.com will not be held liable for any copyright infringements on any photographs submitted by myself. By submitting my photographs to CityJournalistDirectory.com for publication in their web site galleries for sale, I relinquish all copyrights and rights to sell and/or use the images, videos and books that have been submitted. I understand that the buyers of any licenses sold by CityJournalistDirectory.com for my images, videos, books and other files, will remain anonymous to me. In this event, I agree not to make any contact with the buyers of my images, videos, books or other files, unless they are in obvious undisputable breach of the licensing terms of the license issued by CityJournalistDirectory.com. In the event I take any action against the buyers for being in breach of the licensing agreement, I agree to notify CityJournalistDirectory.com in writing of my intentions and I agree to indemnify and hold harmless CityJournalistDirectory.com, its owners or directors, staff and associates of any and all such actions. I acknowledge that in exchange for this copyright release, CityJournalistDirectory.com is obligated to award a fee for each image, video, book and other file submitted and accepted by CityJournalistDirectory.com and that the agency will set the fee for each assignment. I understand that CityJournalistDirectory.com is entitled to refuse any of my images, videos, books or other files in which case I retain all copyrights, without any further obligations. I acknowledge City Journalist Directory has the right to remove from the CityJournalistDirectory.com web site any files at any time. CityJournalistDirectory.com is not required to alert the Contributing Member as to the reasons for the removal unless the Contributing Member specifically requests a reason. In addition to the terms stated above, I confirm to CityJournalistDirectory.com that: The photos, videos, books or other files submitted are my own personal property. I will honor completely all licenses sold by CityJournalistDirectory.com, within the terms of those licenses. I agree to abide by all the terms and conditions as stated within this document and in regard to copyrights and or my release of copyrights that are included in this form.
13. Royalty-Free License
For a Royalty-Free License you pay for the image, video only once and then you can use it as many times as you like, with just a few restrictions. There are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. The Royalty-Free license is granted only for the high-resolution, non-watermarked image, video; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted. Images, videos that you download under the Royalty Free license may be used to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, flyer, or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the image, video appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the images, videos in a correct way please contact the support of City Journalist Directory. Restrictions for downloaded images and videos under the Royalty-Free license:
14. Extended Royalty-Free License
All points from the Royalty-Free License apply for the Extended Royalty-Free License. Restrictions for downloaded images and videos under the Extended Royalty-Free License:
15. Editorial License
Images and videos with Editorial License are news worthy images and videos reflecting events from social, cultural and political scenes. Images and videos downloaded under the Editorial License can be used within editorial context as long as the current terms are met. Sensitive usage restrictions also apply. The high-resolution images and videos that you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. Buying the high-resolution image or video (purchasing the license) does not transfer the copyright. You may not claim that the image or video is your own and you may not sell, license for use, or in any way distribute the image or video. Restrictions for downloaded images and videos under the Extended Editorial License:
16. Extended Editorial License
All points from the Editorial License apply for the Extended Editorial License. Restrictions for downloaded images and videos under the Extended Editorial License:
17. Exclusive Extended Editorial License
All points from the Extended Editorial License apply for the Exclusive Extended Editorial License. An Exclusive Extended Editorial License gives you the exclusive right to publish and use the image or video under the points of the Extended Editorial License for 1 month. It is only available once. The image or video will not be shown for sale anymore. After this period the image or video will be available again, but without a Exclusive Extended Editorial License. Restrictions for downloaded images and videos under the Extended Editorial License:
18. Credit Line Requirements
All images and Videos used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image and video used within editorial purposes. “Copyright [CJD Member Name] / CityJournalistDirectory.com”
19. Sensitive Subjects
Any license granted by City Journalist Directory shall not constitute a representation that an Image or Video is compatible for use with any other material. You are solely responsible for the use of any Image and Video in combination with any other material, and you agree not to use Images and Videos with sensitive topics without City Journalist Directory’s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image or video. You must contact City Journalist Directory for additional information prior to any use of an Image or Video with any sensitive topic. Each Contributing Member that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image, video, books and other files and to have previously obtained a model release from each person included in your picture or video. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release. City Journalist Directory will not be held responsible for any of the materials you upload to the site.
20. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
21. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While City Journalist Directory CJD™© makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
City Journalist Directory CJD™© makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
22. Governing Jurisdiction of the Courts [Insert State]
Our website is operated and provided in the State of Hawaii. As such, we are subject to the laws of the State Hawaii, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Hawaii .
23. Compliance with Laws.
Member and buyers assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member and buyer may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member and buyer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
24. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 of http://www.cityjournalistdirectory.com , will all rights reserved, or is the property of City Journalist Directory CJD™© and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of City Journalist Directory CJD™© is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of City Journalist Directory CJD™©
City Journalist Directory CJD™© and http://www.cityjournalistdirectory.com ™ are proprietary marks of http://www.cityjournalistdirectory.com City Journalist Directory CJD™©'s trademarks may not be used in connection with any product or service that is not provided by City Journalist Directory CJD™© , in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits City Journalist Directory CJD™©
All other trademarks displayed on City Journalist Directory CJD™©'s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with City Journalist Directory CJD™©
25. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, http://www.cityjournalistdirectory.com
designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
City Journalist Directory
12, Paddock Way
Hurst Green
Oxted
Surrey RH8 0LG
England U.K.
By Telephone: 01883714153
By Email: --[support[@]cityjournalistdirectory.com]
26. Botnets
City Journalist Directory CJD™© retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, City Journalist Directory CJD™© reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
27. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by City Journalist Directory CJD™© , in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement[if applicable].