Atlanta Jewish Times Terms and Conditions
General
This website (the “Website”) is operated by Southern Israelite LLC dba “Atlanta Jewish Times” and/or certain of its affiliates or subsidiaries (“Atlanta Jewish Times”). These terms of use (“Terms of Use”) describe the terms and conditions under which you, the user, are granted the right to use this website. BY USING THIS WEBSITE, YOU REPRESENT YOU ARE EITHER (I) MORE THAN 18 YEARS OF AGE, (II) AN EMANCIPATED MINOR, OR (III) ARE BETWEEN THE AGES OF 13 AND 18 YEARS OF AGE AND POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT (IN WHICH CASE, THE PARENT OR GUARDIAN PROVIDING SUCH CONSENT SHALL ALSO BE A PARTY HERETO), AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS OF USE AND YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE OTHER POLICIES POSTED ON THE WEBSITES. IF YOU ARE THE PARENT OR GUARDIAN CONSENTING TO USE OF THIS WEBSITE BY A CHILD BETWEEN THE AGES OF 13 AND 18, YOU ARE FINANCIALLY AND LEGALLY RESPONSIBLE FOR THE CHILD’S ACTIONS ON THIS WEBSITE. NO PERSON UNDER 13 YEARS OF AGE MAY USE THIS WEBSITE. Your use of this Website, even if you “bookmark” a portion of this Website and bypass the Terms of Use, is contingent on the foregoing agreement, and if you do not agree or you cannot act in accordance with the Terms of Use, you must cease using the Website. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Website shall have the same force and effect as if you had actually signed an agreement embodying these terms. Atlanta Jewish Times may change these Terms of Use at any time without prior notice to you by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. If you use this Website after any changes in the Terms of Use, you agree to be bound by the changes.
Privacy Policy
Please read the Atlanta Jewish Times’s Privacy Policy, which describe Atlanta Jewish Times’s privacy practices and is incorporated into, and are a part of, these Terms of Use.
Copyrights and Trademarks
All text, illustrations, designs, icons, logos, slogans, trade names, product/service names, domain names, photographs, articles, audio/video, images, advertisements, features, classifieds, the presentation or visual appearance of the Website as a whole, and all other materials that appear as part of the Website (collectively, the “Content”) is protected by applicable United States and foreign copyright, trademark, servicemark, trade dress and/or other intellectual property laws and is owned, controlled and/or licensed by either Atlanta Jewish Times or any other party attributed as the owner or provider of such Content. You must abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website. No right relating to any intellectual property of Atlanta Jewish Times or to any other party is transferred to any person as a result of the use of this Website.
Website Access and Limited License
You are hereby granted a limited license by Atlanta Jewish Times to use this Website for personal and noncommercial use only. You may view the Content on the Website on your computer or other Internet compatible device, and make single copies or prints of the Website or the Content for your personal, internal use only. This limited license does not allow for any resale or commercial use of this Website, or products or services provided thereon, or its Content. You may not otherwise download, display, copy, reproduce, distribute, publish, modify, alter, perform, transfer, transmit, exhibit, create derivative works from, sell or otherwise exploit this Website (or any portion thereof), or any Content, software, code, data or materials available on the Website (other than page caching), unless you have the express written consent of Atlanta Jewish Times (see Contact Us at the end of these Terms of Use) or the copyright owner identified in the copyright notice in the Content, and in such case, only if you preserve and display all copyright and other notices relating to that Content. The limited license granted to you by Atlanta Jewish Times to use or link to this Website shall terminate automatically upon any unauthorized use hereunder by you. We may change, suspend or discontinue availability of any aspect of the Website at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Website without notice or liability.
User Conduct
You may not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means not intentionally made available or provided for through the Website; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests or interfere with any other party’s use and enjoyment of the Website; or (iv) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make unauthorized use thereof.
Linking
The Website may link to other Internet sites and resources, including to the websites operated by sponsors, advertisers and other third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by Atlanta Jewish Times or its affiliates of such third-party websites, but is for your reference and convenience only. We are not responsible for the availability of these outside resources, or their contents (including the accuracy thereof), and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site. Linking to any third party websites is at your own risk and subject to the terms and conditions of use of such third party websites.
Unless otherwise prohibited under these Terms of Use and consistent with the User Conduct section above, you may create a hyperlink to the Website or any Content thereon (including “deep linking” to articles or pages within site), provided that (i) such link(s) do not portray either the Website, Content, Atlanta Jewish Times or its products or services in any false, misleading, derogatory, or otherwise offensive manner; (ii) the hyperlink sends the person directly to the Website, without the imposition of any third party websites or pop-ups, (iii) when clicked, the hyperlink accurately displays each page within the Website or Content in full (including all trademarks, branding, advertising and promotional materials) and unaltered, without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website; and (iv) you do not in any circumstance “frame” the Website or any of its Content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages. Any other use of the Website, Content or any other proprietary logo, graphic or trademark of Atlanta Jewish Times as part of any link without Atlanta Jewish Times’s express written permission is strictly prohibited. We reserve the right at any time in our sole discretion to revoke this permission generally, or your right to use specific links. If you have any questions regarding these linking policies you may contact us, or if you wish to link in a manner not authorized in these Terms of Use, you must get our prior written permission (see Contact Us below) or cease using this Website.
Advertisements
The Website contains advertisements by third parties. Unless otherwise specifically stated on the Website, Atlanta Jewish Times does not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.
User Account
Some areas of the Website may require registration in order to gain access or submit content. There shall be no more than one account per person. You agree to keep your personal username and password secret and confidential. You acknowledge and understand that the protection of your username and password is your sole responsibility.
Errors and Inaccuracies
Atlanta Jewish Times tries to be as accurate as possible in all Content that we publish on this Website. Unfortunately, it is not possible to ensure that any Website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to Content on this Website and Atlanta Jewish Times does not warrant or guarantee that such Content is accurate, complete, reliable, current, or error-free. Atlanta Jewish Times reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions at any time without prior notice.
User Transactions; Classifieds
Certain portions of the Website, such as the classified section, may act as a venue to allow anyone to offer, sell, and buy items from one other. However, the Website is not a store or “e-commerce” provider, and it is the SOLE RESPONSIBILITY of users to complete transactions. The Website has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction, and we do not transfer legal ownership of items.
Social Networking
The Website may also offer some social networking opportunities through the ability to post, chat or participate on a “blog” with other users on and through the Website. Any posting to the Website will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Website, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful about divulging personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or email addresses publicly on the Website. If you do provide this information on the Website or to a third party who you met through the Website, it is at your sole risk. In addition, if you choose to submit information to the Website in an area that requires that your real identity be disclosed, you do so at your sole risk and liability.
User-Generated Content
You must be at least 13 years old to contribute information, content or materials of any kind to this Website. By submitting any information, content or materials of any kind, including comments, feedback, suggestions, ideas, texts, emails, photos, chats, posts, blogs, audio, videos, calendar events or other submissions disclosed, submitted, or offered to Atlanta Jewish Times through the Website, by physical delivery or in connection with your use of the Website (“User-Generated Content”), you agree to be bound by these Terms of Use and the Submission Rules and Restrictions below. Through your submission of any User-Generated Content, you grant to The Jewish Week and its affiliates the irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sub-licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose with no monetary compensation due to you at any time. We do not solicit, nor do we wish to receive any confidential, secret or proprietary information and any User-Generated Content which reflects or contains such information will not be deemed confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy, including deletion or destruction of the same. By making any submission, you waive any moral rights you may have, including if the User-Generated Content is changed in a manner not agreeable to you. Atlanta Jewish Times has no obligation to provide attribution for any User-Generated Content you provide. If you do not agree to these terms, do not submit any User-Generated Content.
Submission Rules and Restrictions
By submitting any User-Generated Content, you represent and warrant that: (i) you either own the User-Generated Content or have all necessary rights to use and submit it; (ii) all information you provide is true, accurate and complete, and does not violate these Terms of Use or the terms of any third party license; and, (iii) the User-Generated Content will not cause injury, embarrassment or harm to any person or entity.
You agree not to submit any User-Generated Content in any forums, chats, blogs, emails or otherwise on or through the Website that:
is libelous, defamatory, obscene, pornographic, or otherwise illegal;
is threatening, abusive or disruptive to Atlanta Jewish Times or other users (including without limitation repetitive, meaningless or harassing messages, personal attacks, etc.); abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc. infringes any party’s intellectual property rights, including without limitation copyrights and trademarks; uses another person’s name or impersonates another, or that uses a fake or alternative identity to post User-Generated Content that is misleading or is for a deceptive purpose; violates any applicable law, or violates any party’s rights;
contains any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, “worms” or constitutes any form of “spam” or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act); or promotes, offers or advertises any products or services or solicits any funds or consideration except with respect to those goods or services that appear in the “Classified” Section of the Website.
You are solely responsible for the User-Generated Content you submit, post, email or otherwise make available through the Website. Atlanta Jewish Times has no duty to monitor, pre-screen or regularly review submissions made to the Website. Notwithstanding the foregoing, Atlanta Jewish Times has the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content which it deems inappropriate or in violation of these Terms of Use, in Atlanta Jewish Times’s sole discretion. The Jewish Week does not take any responsibility or assume any liability for any User-Generated Content posted by you or any third party, including the failure to maintain the same. All opinions expressed by users in User-Generated Content are expressed strictly in such user’s individual capacity and, in the case of Atlanta Jewish Times employees, contractors or agents, not as representatives of Atlanta Jewish Times All decisions regarding User-Generated Content and compliance with these Terms of Use will be determined by Atlanta Jewish Times in its sole discretion. If you disagree with these conditions, do not submit any User-Generated Content.
User Identity and Privacy
The Atlanta Jewish Times does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity. Atlanta Jewish Times reserves the right at all times to disclose the contact, personal information and any other information of a user as necessary to satisfy any law, regulation or government request, to the fullest extent of the law. For information on our privacy policies regarding personal information gathered on the Website, please see our Privacy Policy.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOU ARE USING THIS WEBSITE AT YOUR SOLE RISK AND THE WEBSITE AND ALL CONTENT PROVIDED BY THE JEWISH WEEK OR ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE JEWISH WEEK AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY, COMPLETENESS, TIMELINESS, RELIABILITY OR ACCURACY OF ANY CONTENT AVAILABLE ON THE WEBSITE OR THAT THIS WEBSITE, ITS SERVERS OR OUTGOING COMMUNICATIONS ARE FREE OF VIRUSES, DEFECTS OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE JEWISH WEEK DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, INDEMNITIES AND GUARANTEES AS TO THE WEBSITE (AND ALL PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE), WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY THE JEWISH WEEK, ITS AFFILIATES, OR ITS EMPLOYEES, CONTRACTORS OR AGENTS (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE (AND/OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE).
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE JEWISH WEEK, ITS AFFILIATES (AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY APPLICATIONS AVAILABLE THROUGH THE WEBSITE, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, WHETHER OR NOT THE JEWISH WEEK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE JEWISH WEEK AND ITS AFFILIATES’ 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 FOR THE WEBSITE PRODUCT OR SERVICE ACCESSED BY YOU, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE JEWISH WEEK OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree at your expense to indemnify, defend, save and hold harmless Atlanta Jewish Times, its affiliates, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents from and against any and all claims, suits, actions, and investigations, and any costs, expenses, liabilities, damages, or losses (including reasonable attorneys’ fees), arising from or related to (i) your use of the Website; (ii) any User-Generated Content you submit; and (iii) any violation of these Terms of Use by you.
Termination
Atlanta Jewish Times or its authorized agent may terminate this agreement with you, at any time and for any reason, without notice. You will be denied authorization to access this Website and your account will be terminated if you fail to comply with these Terms of Use, as determined by Atlanta Jewish Times in its sole discretion.
Applicable Law
The Terms of Use shall be governed and enforced in accordance with the laws of the State of Georgia, without regard to its principles of conflict of laws. We control and operate the Website from our offices in the United States of America. We do not represent that the Content on this Website is appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Disputes
Any action, claim or dispute between you and Atlanta Jewish Times arising out of or relating to the Website (including any product or service available through the Website) or to enforce this agreement shall be commenced and be heard in the federal or state courts in the State of Georgia, within Filton County and you hereby consent to the personal and exclusive jurisdiction of the aforementioned courts and waive any objections you may have on the basis of forum non-conveniens, venue or jurisdiction. To the fullest extent permitted by applicable law, no proceeding or cause of action with respect to this Website or to products or services purchased through the Website shall be joined to a proceeding or cause of action involving any other party, whether through class action proceedings or otherwise. You agree that any proceeding or other cause of action or claim arising out of or related to the Website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
Severability; Waiver
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Copyright Violations
When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. Please direct all such notifications to: editor@atlantajewishtimes.com and insert “Re: Copyright Violation” in the subject line header of the email.
Contact Us
If you have any questions about these Terms of Use or to request permission to reproduce Content from this Website, please contact us in one of the following ways: E-mail us at: kaylene@atljewishtimes.com; Mail us at:
Kaylene Ladinsky, Editor & Managing Publisher, Atlanta Jewish Times, 270 Carpenter Dr., Suite 320, Atlanta, GA 30328 or call us at: (404) 883-2130 and ask for Kaylene Ladinsky.
These Terms of Use were last updated on September 1, 2017.