By choosing to submit material to the message boards and/or to readers' letters, readers' comments, talkbacks, readers' photos, web logs and/or on-line diaries ('blogs'), obituaries (including guestbook), online indexes of David’s Voice, Jewish Federation of Cincinnati and/or Jewish Community Relations Council(collectively, the 'Forums'), or to view material posted on the Forums, the individual submitting or viewing such material (the ’Participant‘) hereby agrees and undertakes to accept and abide by all of the terms and conditions of this agreement between the Participant and David’s Voice, JFC and JCRC (the ’Agreement"). If any or these terms, including future modifications to them, are unacceptable to you, please desist and refrain from submitting to or viewing the Forums. Your use of the Forums indicates your acceptance of the terms of this Agreement as changed, amended or modified from time to time. David’s Voice, JFC and JCRC may change, add or remove portions of this Agreement from time to time, in its sole discretion and without notice or liability, but if it does so, it will post such changes on the Forums. Any correspondence regarding this Agreement or general use of the Forums should be sent to email@example.com.
1. The Participant shall not upload to the Forums, or distribute or otherwise publish on the Forums, any libelous, inflammatory, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
2. All posts in the Forums must be written in English and may not include graphics files, audio files, video file, or scripts unless specifically requested.
3. The Participant agrees not to threaten or verbally abuse other Participants, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or off-topic messages ("spamming").
4. The Participant undertakes not to use language that abuses or discriminates on any basis, including without limitation race, religion, nationality, gender, sexual preference, age, region and disability, and such language shall be grounds for immediate and permanent suspension of access to all or part of the Forums, without derogating from any other remedy of David’s Voice, JFC and JCRC under this Agreement or under any applicable law.
5. David’s Voice, JFC and JCRC encourage active discussions and debates in the Forums. However, personal attacks on other Participants or non-Participants are a direct violation of this Agreement, and shall be grounds for immediate and permanent suspension of access to all or part of the Forums.
6. The Forums shall only be used for non-commercial purposes. The Participant shall not, without the express approval of David’s Voice, JFC and JCRC, distribute or otherwise publish any material containing any advertising or solicitation for funds, goods or services.
7. The Participant is solely responsible for the content of its messages. David’s Voice, JFC and JCRC do not and cannot review every message posted by a Participant on the Forums, and is not responsible for the content of these messages. Notwithstanding the above, David’s Voice, JFC and JCRC reserves the right to delete, move, or edit messages that it, at its sole discretion, deems abusive, defamatory, obscene, in violation or possibly in violation of copyright or trademark laws or any other law, or otherwise unacceptable, at its sole discretion.
8. Any activity which the David’s Voice, JFC and JCRC deems to be fraudulent, abusive, or otherwise illegal, or which may be considered to be illegal, may be grounds for removal of a Participant’s person and submitted materials from the Forums, at David’s Voice, JFC and JCRC’s sole discretion, and the Participant may be referred to appropriate law enforcement agencies.
9. The Participant acknowledges that any submissions made to the Forums may be edited, removed, modified, published, transmitted, and displayed by David’s Voice, JFC and JCRC, at its sole discretion, and the Participant waives any moral rights which it may have with regard to the alteration or change of the material.
10. By making a submission to the Forums, the Participant consents to its display on the David’s Voice, JFC and JCRC Internet Edition and print editions, as well as for related online and offline promotional uses, without charge.
11. The Participant represents, warrants and covenants not to submit any materials that may contain libelous or otherwise unlawful material, or that may violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
12. The Participant represents and warrants that he or she is at least thirteen years old.
13. The Participant hereby indemnifies, defends and holds harmless David’s Voice, JFC and JCRC and the David’s Voice, JFC and JCRC Internet Edition, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by the Participant of this Agreement or the foregoing representations, warranties and covenants. The Participant shall cooperate as fully as reasonably required in the defense of any such claim. David's Voice, JFC and JCRC reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Participant.
14. The forums are provided on an "as is‘basis without warranties of any kind. Neither David’s Voice, JFC and JCRC nor the David’s Voice, JFC and JCRC Internet Edition is responsible for the accuracy or reliability of any advice, opinion, statement, or other information (’Data") displayed at or downloaded from the Forums by any entity. The Participant acknowledges that it relies upon any such Data at its sole risk.
15. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the United States of America. The competent courts of the city of Cincinnati shall have exclusive jurisdiction over any action ensuing from this Agreement.