ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
By way of example, and not as a limitation, you agree not to use the Services: to abuse, harass, threaten, impersonate or intimidate other Digital Journal users; to contribute any Content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Digital Journal user; to create or submit unwanted email (“Spam”) to any other Digital Journal users or any URL; to violate any laws in your jurisdiction (including but not limited to copyright laws); to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic Content; to submit content that is advertorial or paid for by a company or advertiser. Bloggers and/or writers working and submitting Content for or on behalf of companies like Pay Per Post, or similar companies, are strictly prohibited from using the Site; register for more than one User account or register for a User account on behalf of an individual other than yourself.
With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; to create separate user accounts with the intention of artificially inflating the ‘Digital Journal rating system’, page count, comments, or any other Digital Journal Services.
PAYMENTS AND EARNINGS
Our Services may permit registered and approved Digital Journalists to post or upload articles to the Site that can be found under the user’s real name. Those articles may be eligible for monetary compensation.
Digital Journal allocates funds into a central pool called a “moneypot” every month, to be shared only among registered and approved “Digital Journalists” based on (a) how much a Digital Journalist contributes and (b) how much activity a Digital Journalist’s article receives as measured in Digital Journal’s sole discretion. Digital Journalists may receive payment (the “User Earnings”) for their posted or uploaded articles based on how much money is allocated to the moneypot in a particular month and also based on that Digital Journalist’s percentage contribution. A Digital Journalists’ User Earnings might fluctuate up or down based on User activity and activity of other Users. Digital Journal does not, and is under no obligation to, reveal its exact formula of how it calculates earnings, but will issue payments in a fair and reasonable manner. Digital Journal does not provide payment for Content other than news articles written by approved Digital Journalists. All other Content is not eligible for any monetary compensation.
User Earnings will be issued on the first (1st) of every month for User Earnings accumulated the month prior, except in the case of delays caused by any technical problems or delays as a result of national or international holidays. Further, we shall have no obligation to pay User Earnings until and unless such earnings exceed $10 in the aggregate. All payments will be made in U.S. dollars by PayPal. In the event PayPal does not operate in a country in which a Digital Journalist resides, then our obligation to pay such amount shall be void and such amounts shall vest in Digital Journal. As a condition of payment, you agree that if you fail to collect any amount payable to you within thirty (30) days of the date payable, then our obligation to pay such amount shall be void and such amounts shall vest in Digital Journal. You should regularly access and review your account to monitor accrued and payable amounts.
Only active user accounts with “Digital Journalist” status are eligible to receive payments. If a user does not log in to his or her account for a period of two (2) months or more, the user account may be terminated and any accrued earnings will be forfeited. If a user terminates his or her account for any reason, or if Digital Journal terminates the account or removes “Digital Journalist” status for cause (including violations of this User Agreement or for not meeting the editorial standards of the Site, or for publishing false, defamatory, illegal or untrue statements as judged in the sole discretion of Digital Journal), any accrued monies will be forfeited. Digital Journal reserves the right, at its sole discretion, to revoke “Digital Journalist” status and manage and maintain editorial standards for the Site.
Digital Journal does not guarantee that any user will receive any minimum level of payment as a result of posting Content to the Site. Earnings are paid as an incentive for the continued use of Digital Journal’s Site and are not in consideration for the submission of any Content. We reserve the right to add, remove, modify, rename, move, delete or discontinue any Content therein at any time in our sole discretion. We further reserve the right to change or discontinue the payment of User Earnings at any time. Your continued use of our Site and maintenance of an account with us after any such change will constitute your acceptance of the new terms. In the event that you do not agree to such change, your sole and exclusive remedy is to cease using the Site and to terminate your account. Any such termination will not alter any of our rights under this User Agreement, including our license rights described herein.
YOUR REGISTRATION OBLIGATIONS
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You retain all copyright to all original Content you submit to the Site. By transmitting or submitting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant Digital Journal a non-exclusive, irrevocable, transferable, royalty-free, perpetual, sub-licensable, fully paid, worldwide license (with the right to sublicense) to use, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) reproduce, modify, adapt, translate, distribute, re-distribute, syndicate, publish, and create derivative works of such Content in any media, now known or hereafter devised for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing to Digital Journal, its affiliates and sublicensees.
You acknowledge and agree you will not post on the Site any Content for which you do not have the clear right to do so, and you give Digital Journal, its affiliates and sublicencees the right to use the Content, Your name, identifier, or any portion thereof, submitted in connection with such Content, if they so choose. Digital Journal reserves the right to modify, edit or change any Content for any reason without prior notification.
By transmitting or submitting Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant Digital Journal permission to keep active and live copies of all submitted Content even after your account has been terminated or closed. Digital Journal reserves the right to re-activate content that has been deactivated, removed or deleted for any reason, without warning, consent or approval from You.
You may generally publish Content on the Site, provided that it does not otherwise violate any third-party agreements or rights. You further acknowledge and agree that you are solely responsible and liable for any Content that you post or upload to the Site and for any infringement or other liability that may result.
Content on the Site must be original and not published elsewhere, including personal blogs or social media networks.
You represent and warrant that (i) all Content is either wholly original to you, or all third-party rights therein have been fully cleared for use as contemplated by this Agreement, and that you have the right to grant the rights granted herein without violating the rights of any third party; (ii) the Content and the posting thereof on the Site does and will not, in any way, violate or breach any of the terms of this Agreement or violate or infringe upon the rights of any third party, and (iii) Digital Journal shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Content unless otherwise agreed by Digital Journal.
Without limiting the foregoing, Digital Journal reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. Digital Journal shall not be obligated to store, keep, maintain or provide copies of submitted Content to You or any party in the event Content is deleted or removed from the Site. Digital Journal may, but is under no obligation to, offer you any payment for Content that you submit or offer the opportunity to edit, delete or otherwise modify Content once it has been submitted to Digital Journal. Digital Journal shall not be obligated to enforce any form of attribution by third parties and shall not be responsible for any third party use of Content.
If it is determined that you possess any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you have no objection to the publication, use, re-publication, syndication, modification, or deletion and exploitation of the Content by Digital Journal or its licensees, successors and assigns; (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (c) you forever release Digital Journal, and its licensees, successors and assigns, from any claims that you could otherwise assert against Digital Journal by virtue of any such moral rights.
You agree not to post to the Site any links or other Content which is intended to or may result in any monetary compensation or other benefit to you, including without limitation any affiliate links.
Digital Journal maintains full and final verdict on any and all changes to content published on its website and throughout its network. You agree to allow all edits, changes, additions and modifications, be they in text, video or image form, on any and all content you submit. Digital Journal maintains final verdict as to which text, images and videos will appear inside or alongside all published content.
OPERATION AND MAINTENANCE OF THE SITE
Digital Journal operates the Site in a commercially reasonable manner and may from time to time interrupt the Site’s Services for regular and/or emergency maintenance. Where Digital Journal has advance knowledge of any interruption to the Site’s Services, Digital Journal will make reasonable efforts to provide advance notice to You of any such interruption. Digital Journal will not be held responsible for downtime as a result of technical difficulties, power outages or data loss of any kind.
MONITORING USE OF THE SITE
INTELLECTUAL PROPERTY OF DIGITAL JOURNAL
The copyright to the Site, the design and appearance of the Site, and all of the materials and content on the Site (other than Your Content) are owned by or licensed to Digital Journal. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of Digital Journal is expressly prohibited. Copyright Digital Journal, Inc. All Rights Reserved.Other service and product marks that appear on the Site are the trademarks of their respective owners. The display of any trademarks on the Site does not imply that a license has been granted for any further use.
DEALING WITH THIRD PARTIES
Any correspondence or business dealings with any third parties found on or through the Site is solely between You and such parties. Digital Journal is not responsible for any damages You may suffer by entering into such transactions or communications. You and the third party, not Digital Journal, are responsible for compliance with all laws applicable in any such transaction or communication.
You acknowledge that Digital Journal has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Digital Journal from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Digital Journal makes no representations concerning any Content contained in or accessed through the Site, and Digital Journal will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME PROVINCES AND/OR STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Digital Journal has no control over such sites and resources, you acknowledge and agree that Digital Journal 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 Digital Journal 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.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DIGITAL JOURNAL BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME PROVINCES AND/OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Digital Journal respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please use our Contact Us form and write to our site administrator(s).