Terms and Conditions
Updated: July 28, 2020
Welcome to the website of the 8 Ball Fund for Journalists (8BallJournalists.org) (the “Site”). This Site is operated by the 8 Ball Emergency Fund for Journalists ("the Fund" - previously known as the 8-Ball Welfare Foundation). Materials on the Site are primarily owned or licensed by the 8 Ball Emergency Fund for Journalists. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other legal right. The services offered by the 8 Ball Emergency Fund for Journalists include the Site, and any other features, content, or applications offered from time to time (for example, music and video embedded players) by the Fund within the Site (collectively, the “Services”). The Fund is based in Los Angeles, California, in the United States. The services are hosted by Wix.com in San Francisco, and the www.8balljournalists.org/ domain is registered through Digital Pacific in Sydney, Australia.
The 8 Ball Fund for Journalists may modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by the Fund on the Site. Your continued use of the Services after the Fund posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
The Fund reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Without limiting the foregoing, the Fund expressly reserves the right to restrict, suspend, or terminate your access to any part of the Services if the Fund determines, in its sole discretion, that you have violated this Agreement or pose a threat to the Site and/or the Fund and/or the users of the Services.
If you become aware of misuse of this Site by any person or have any questions or comments regarding, or problems with, this Site, please contact the Site Administrator at legal@8BallJournalists.org with your concerns.
ACCESS AND USE
This Site is a general audience web site. Children under 13 are welcome to be visitors to the Site, but cannot register to use blogs, or to provide user videos and other content.
Materials contained in this Site (“Site Content”) are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. The Fund grants you a limited, revocable, non-transferable license to reproduce and display the Site Content (excluding any software code) on your computer and other electronic device solely for your personal use in connection with viewing the Site and using the Services. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by the Fund. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email, any unauthorized framing of the Site or any unauthorized use of any music and video embedded players is prohibited. The Fund reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.
Except for content posted by you, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale, or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of the Fund or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other website or networked computer environment is similarly prohibited.
Also, except for content you post, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
CONTENT POSTED ON THE SITE
You are welcome to post, transmit or submit messages and other materials (which include uploading videos and other files, inputting data or any other materials, “blogging,” or engaging in any form of communication in connection with this Site) (collectively “User Content”) to media libraries, bulletin boards, chat rooms, or other public areas within, or in connection with, this Site (collectively “Forums”). You are solely responsible for such User Content. The Site and/or the Fund accepts no responsibility whatsoever in connection with or arising from such User Content.
The Site and/or the Fund does not endorse and has no control over User Content submitted by others to Forums. User Content submitted to Forums is not necessarily reviewed by The Site and/or the Fund prior to posting and does not necessarily reflect the opinions or policies of the Site and/or the Fund. The Site and/or the Fund makes no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, The Site and/or the Fund reserves the right to prevent you from submitting User Content to Forums and to edit, restrict, delete or remove such User Content for any reason at any time.
The Site and/or the Fund assumes no responsibility for actively monitoring Forums for inappropriate User Content. If, at any time The Site and/or the Fund chooses, in its sole discretion, to monitor the Forums, The Site and/or the Fund nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any User Content. You agree that The Site and/or the Fund accepts no liability whatsoever if it decides to prevent your content from being submitted or if it edits, restricts or removes your content.
You are solely responsible for the content that you post on or through any of the Services, and any material or information that you transmit to other users and for your interactions with other users. You agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
You agree to release The Site and/or the Fund, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE
The Fund does not claim any ownership rights in the User Content that you post to the Services. By displaying or publishing (“posting”) any content on or through the Services, you hereby grant to the Fund a non-exclusive, perpetual, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute modify, and translate such content, including without limitation distributing part or all of the Site in any media formats and through any media channels.
You represent and warrant that: (i) you own the content posted by you on the Site or otherwise have the right to grant the license set forth in this section, (ii) your content does not defame any person or entity or violate the privacy rights, publicity rights, copyright, contract, intellectual property rights, or any other rights of any person, and (iii) the posting of your content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any content you post on the Site.
PROHIBITED CONTENT AND/OR ACTIVITY
You must use the Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of content that is illegal or prohibited on the Services. The Fund reserves the right to investigate and take appropriate legal action against anyone who, in the Site and/or the Fund’s sole discretion, violates this provision, including without limitation, removing the offending content from the Site and terminating the membership of such violators. Prohibited content includes, but is not limited to, content that, in the sole discretion of the Fund:
is patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
involves the transmission of “junk mail” or “chain letters” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
involves commercial activities and/or sales without our prior written consent from the Fund such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes; or
defames the rights of any person or entity or violates the privacy rights, publicity rights, copyrights, trademark rights or any other rights of any person.
The following are examples of the kind of activity and communication that are illegal or prohibited on the Site and through the use of the Services. The Fund reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any user to buy or sell any products or services through the Services;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
any automated use of the system, such as, but not limited to, using scripts to send comments or messages;
interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
impersonating or attempting to impersonate another user, person, or entity;
using any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; or
using the Services in a manner inconsistent with any and all applicable laws and regulations.
If unsolicited submissions are sent to the Fund or the Site via this Site or through the Services, these submissions become the property of the Fund and may be used, copied, sub-licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as the Fund sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against the Fund or its affiliated organizations relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Fund, including its respective employees, volunteers, agents, directors, officers and shareholders.
You are solely responsible for your interactions with other Site users. The Fund reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other users.
The Fund is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User Content does not necessarily reflect the opinions or policies of the Fund. User Content on the Site may contain links to other websites. The Fund is not responsible for the content, accuracy or opinions expressed on such websites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by the Site and/or the Fund. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked web site by the Fund. When you access these third-party sites, you do so at your own risk. The Fund takes no responsibility for third-party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its supporters or donor members. The Fund is not responsible for the conduct, whether online or offline, of any user of the Services. The Fund assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. The Fund is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall the Fund be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and the Fund expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Fund cannot guarantee and does not promise any specific results from use of the Services.
LIMITATION ON LIABILITY: IN NO EVENT SHALL THE 8-BALL EMERGENCY FUND FOR JOURNALISTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FUND’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE FUND FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. EXPORT CONTROLS
Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and the Fund agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Services.
You agree to defend, indemnify and hold the Fund and its respective employees, agents, partners, directors, and officers harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Site or through the Services causes the Fund to be liable to another.
The Fund reserves the right to immediately terminate your use of, or access to, this Site or the Services at any time if the Fund decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that the Fund considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site or the Services infringes your copyright, you should notify the Fund of your copyright infringement claim in accordance with the following procedure.
The Fund will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
8 Ball Fund for Journalists
PO Box 10186
Burbank, CA 91510
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
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 site are covered by a single notification, a representative list of such 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 the service provider 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;
A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to legal@8BallJournalists.org for purposes other than communication about copyright claims may not be acknowledged or responded to.
This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. This Agreement as modified from time to time and any addendum to this Agreement constitute the entire agreement between you and the Fund regarding the use of the Services. The failure of the Fund to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
COPYRIGHTS © / TRADEMARKS TM
© 2018 Trademark and Copyright Notice: TM and © 8 Ball Journalists Emergency Fund for Journalists and its related entities or used under license. All rights reserved. All materials contained in the Fund’s websites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in the Fund’s websites are expressly prohibited.