Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. These Terms of Use define the terms by which you may use the JournalismNext.com website (“Website”), and are an agreement between you and JournalismNext LLC (“Company”)(the Company and Website are collectively referenced as “we” or “us”). By using this Website and/or registering and creating an account as set forth below, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Use.

We may modify our Terms of Use at any time without notice or in our sole discretion, and any modifications that we have made will apply immediately. You should check back with us from time to time in order to ensure you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Use. We may at any time amend our Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our Terms of Use includes all such policies.

1. Our Service.
JournalismNext.com is a career website, which is designed to connect employers seeking to build a diverse workforce with minority jobseekers in the media industry.

2. Eligibility.
You are only eligible to have an account on our Website if you are an adult who is at least eighteen (18) years of age, and if you are fully able and competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. In the event you are under eighteen (18) years of age, you may only have an account if an adult takes responsibility for the account, sets it up in his or her name, and then supervises and grants you permission to use that account.

3. Registration.
In order to access many of the features of this Website, you will need to register and create an account. All information provided by you in your registration must be accurate and complete, including but not limited to having accurate email addresses at all times. You may not use profane, obscene, or racist language in your username or in your profile on this Website.

We may suspend or cancel your registration without notice if we have any reason to believe that you are not eligible to use this Website, or that the information you have provided is inaccurate, incomplete, profane, obscene, or racist, or that you have failed to comply with the Terms of Use, without limiting any other remedies to which we may be entitled. Also, if we consider you to have committed any fraudulent or other illegal activity, we may report you to the relevant law enforcement authorities.

If you register, you will be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.JournalismNext.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section. You expressly agree that your account may not be sold or transferred.

We may suspend or cancel your registration with us at any time without prior warning if you fail to comply with our Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed fraud or any illegal activity, we may report you to the appropriate law enforcement authorities. For the avoidance of doubt, suspended or terminated users are required to pay JournalismNext.com any outstanding fees immediately upon suspension or termination of the account.

4. Listings.
All listings that you post should be detailed, true, and accurate. Descriptions of the jobs you are posting on our Website should not misrepresent the job in any way.
We receive listings from employers and resumes from jobseekers in good faith on the basis of their representations. We do not screen employers before they post jobs on the Website and do not confirm their identities. Likewise, we do not screen jobseekers or confirm their identities.

If you are a jobseeker, it is your sole responsibility to investigate the suitability of jobs listed on this Website and to verify the credentials of employers before accepting any offer, including their financial condition, lawfulness, and reputation. If you are an employer, it is your responsibility to verify the credentials of jobseekers prior to making any offer.

Employers advertising on this Website are required to comply with all applicable laws, statutes, and regulations issued by any local, state, or federal agency, including but not limited to Title VII, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, or any other local state, or federal statute, law or regulation that protects applicants or employees from discrimination in employment and/or hiring decisions.

We do not endorse any jobs or employers advertised on this Website, or make any warranty or representation that they are of a particular quality or suited for any purpose. We do not monitor job postings, but reserve the right to remove any listing for any reason at our sole discretion. Please let us know if you believe any job listing on this Website is inaccurate, misleading, illegal, fraudulent, conflicts with relevant laws, or violates these Terms of Use in any way.

5. Transactions.
By posting a job on this Website, you represent and warrant that you have the intent and capacity to hire for the position advertised. We reserve the right to suspend the accounts of any employers who post jobs that they do not intend to hire for, or who make repeated misrepresentations about the jobs in any listing, or who post job listings that are inaccurate, illegal, fraudulent, or that conflict with relevant laws.

6. Posting Comments.
This Website provides visitors the ability to make comments to other members of online community. If you make comments, then you are solely responsible for ensuring that your comments are appropriate and are not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You represent and warrant that you own all rights in any comments that you post and that such comments do not violate our Terms of Use hereunder. You hereby grant to us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works from, distribute, and display comments on the Website, to reproduce or store the comments on our computers and servers, and to grant sublicenses to third parties.
We reserve the right to monitor and remove comments at any time without notice.

7. Intellectual Property.
All trademarks and copyrightable material on the Website, including but not limited to content (such as text, images, audio and video files), code, design features, and databases, are owned or licensed by us unless otherwise indicated. You may not reproduce, display, publicly perform, copy, distribute, or otherwise use for any commercial purpose any portion of the Website without the express written permission of us or our licensors as appropriate. The use of any copyrightable material on any other website or in a networked computer environment for any purpose is prohibited. Any code that we create to generate or display any content on the pages of this Website is also protected by our copyright and you may not copy or adapt such code.

8. Intellectual Property Infringement Complaints.
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
(a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
(d) Contact Information. Your address, telephone number, and email address; and
(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.

9. Operation of Website.
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
(b) Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.

We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software (“Viruses”), but we cannot guarantee that the Website will at all times be free from Viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.

10. Specific Prohibited Uses of the Website.
Our Website should only be used for lawful purposes by visitors who are seeking to participate in hiring decisions. We specifically prohibit any other use of the Website, including but not limited to the following: (a) posting or submitting to the Website any information in which you impersonate or claim to be any third party, in which you misrepresent your affiliation with another person or entity, or in which you misrepresent in any way the item you are listing on this Website; (b) disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website; (c) taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website; (d) using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari; (e) posting or submitting any content that contains Viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment; (f) deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website; (g) aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website; (h) using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website; (i) stalking, harassing, or threatening any visitor, employer, or jobseeker on this Website; or (j) collecting or storing personal information about any employer or jobseeker on this Website.
We reserve the right (but do not have the obligation) to suspend or terminate visitors who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at info@journalismnextcom.

11. Third Party Websites.
Our Website contains links to third party websites, which are not owned or maintained by us and over which we have no control (“Third Party Site(s)”). If you click on a link to a third party website, our Privacy Policy and Terms of Use will not longer be applicable. We do not intend that links to Third Party Sites be referrals to or endorsements of the linked entities.

12. Limitation of Liability; Consequential Damages.
You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or the purchase or sale of goods through this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total aggregate amount of $100.00 for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

13. Release and Waiver of Claims.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, directors, employees, independent contractors, representatives, and agents from any and all liability for claims, damage (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to this Website, including but not limited to any dispute which you have with a third party.
If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which it may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

14. Warranty; Disclaimer.
Your use of this Website and your decision to enter into transactions on this Website shall be at your sole risk. You are solely responsible for interacting with employers or potential jobseekers on this Website, and for any actions that you take in reliance on their representations. We cannot be responsible for any employment decisions made by you or any third party regarding any job posting on this Website, nor can we be responsible for any statements made during the interview process by you or any third party.

We do not screen employers or jobseekers on this Website, so we cannot warrant that the parties with whom you do business on this Website will be honest, accurate in their representations of the jobs which are listed or on their resumes, free of criminal backgrounds, that they will be who they say they are, that the employers will have the intent to hire for the jobs posted on the Website, that the employers will honor and not rescind offers, or that employers or jobseeker will follow all applicable laws, statutes, and regulations in the hiring process or once an offer is extended and accepted. Likewise, we cannot make any warranties, representations, or guarantees regarding the effectiveness or timeliness of this Website in meeting the objectives of jobseekers or employers, nor can we take any responsibility for the decisions of any jobseekers or employers. We make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, Virus-free, free of defects, or free of technical problems, or that job listings on this Website will be accurate or complete. Similarly, we can make no warranties regarding the information or contents of any Third Party Websites linked to this Website, or that the security precautions we take to protect personal information uploaded to this Website will adequately protect your personal information from hackers and other third parties.

The following statement is required per California statute: NO VERBAL OR WRITTEN PROMISE OR GUARANTEE OF ANY JOB OR EMPLOYMENT IS MADE OR IMPLIED UNDER THESE TERMS OF USE. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.

15. Indemnification.
By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our respective licensors, affiliates, officers, employees, independent contractors, representatives, agents, and other visitors against any and all claims arising from or in any way related to (a) your use of this Website; (b) any transaction you enter into pursuant to this Website or any dispute between you and any third party; (c) any financial or bodily injury you suffer in conjunction with any listing posted to this Website, or (d) any violation of any law, statute, or regulation issued by any local, state, or federal agency, including but not limited to Title VII, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, or any other local, state, or federal statute, law, or regulation that protects applications or employees from discrimination in employment or hiring decisions. Such indemnification shall include but not be limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys’ fees.

16. Miscellaneous.
We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining sections shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

17. Governing Law; Dispute Resolution.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles.
Company offers no internal dispute resolution or mediation service, in order to moderate disputes between employers and jobseekers. It is our policy, however, that all disputes that you have against us or the Website, which arise under these Terms of Use, shall be submitted to binding arbitration in San Francsico, CA under the Commercial Rules of Arbitration for the American Arbitration Association by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules.

The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, the prevailing party shall be entitled to costs and reasonable attorney’s fees.

All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

18. Contact Us.
In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at info@journalismnext.com or (703) 629-0178.

These Terms of Use were last modified on November 12, 2014