NGJ Terms of Use Agreement

NextGen Journal Terms of Use

PLEASE READ THE TERMS OF USE BELOW. THESE TERMS OF USE STATE THE TERMS AND CONDITIONS UNDER WHICH NEXTGENJOURNAL.COM PROVIDES YOU (DEFINED AS THE USER FOR THOSE OVER 18 AND THE USER AS WELL AS A PARENT FOR THOSE UNDER 18) WITH VARIOUS SERVICES. BY ACCESSING, BROWSING AND/OR USING THE SITE AND/OR THE NEXTGEN JOURNAL SERVICES, OR BY SUBMITTING ARTICLES OR OTHER PIECES FOR PUBLICATION BY NEXTGEN JOURNAL, YOU ARE DEEMED TO ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITE OR ANY OF THE NEXTGEN JOURNAL SERVICES.

Our Privacy Policy

The information that we obtain through your use of any portion of the Site, whether through the registration process or otherwise, is subject to the privacy policy posted on the Site (“Privacy Policy”). The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Site.

Changes To This Agreement

NextGenJournal.com (“NGJ”) may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the Site. Your continued use of any of portion the Site following the posting of changes constitutes your acceptance of any such changes.

INTELLECTUAL PROPERTY RIGHTS

The materials available through this Site are our property or the property of our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You may use the Site, and materials on the Site, for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this Site in any form (including by email or other electronic means) without prior written permission from the owner. However, we do encourage you to tell others about information on the Site and how to access it.

By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Site, such as any content pages, message boards, forums, or community publishing areas, you agree that we, including our partners, agents, affiliates and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose, and that you will not submit the material to any other publication after it has been placed on NextGen Journal. You grant us the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such material on the Site. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

Participation Disclaimer

NGJ does not and cannot review all Submissions posted to or created by users accessing the NextGen Journal Services, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the NextGen Journal Services, NGJ is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. NGJ and its respective employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Site for inappropriate content. NGJ and its respective employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, NGJ reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to NGJ in its sole discretion.

INTERACTIVE FEATURES

This Site may include a variety of features, such as comment sections and bulletin boards, which allow feedback to us and real-time interaction between users. Responsibility for what is posted on comment pages, bulletin boards and other public posting areas on the Site lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Restrict or inhibit any other user from using and enjoying the Service.
  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  • Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

You further agree that you will not collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users’ ability to use the Site.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of Site users and/or the public. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to indemnify and hold the NextGenJournal.com website, Next Gen Journal, Inc. and the directors, officers, agents and employees of each (Collectively the “Indemnified Parties”), harmless from any claim, cause of action, damage, liability, or cost of expense (including but not limited to attorney fees and costs) of any nature (Collectively “Liabilities and Expenses”) arising out of or related to any use of the site or any content or materials submitted to or displayed on the Site by you.

REGISTRATION

To access certain features of our Site, you may be asked to register with us on the form provided and such registration may require you to provide personally identifying information such as your name and email address, and also may ask you to provide certain demographic information such as your gender and date of birth. You agree that you will register only if you are 13 years or older. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PASSWORDS

To use certain features of the Site, you will need a user ID and password, which you will create through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We are not liable or responsible liable for any loss or damage arising from your failure to protect your password or account information.

CLASSIFIED ADVERTISING

If you submit a classified ad for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. We reserve the right to reject any ad copy. All orders are subject in all respects to our then-current rules and regulations and then-current demands upon advertising space. Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services. We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates and specifications are subject to change. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status.

MODIFICATIONS TO THE SITE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

TERMINATION

You agree that, in our sole discretion, we may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any materials that you submit to the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that we shall not be liable to you or any third-party for any termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site.

Links to Other Web Sites

At times, NGJ may provide links to other World Wide Web sites or resources. Because NGJ has no control over such sites and resources, you acknowledge and agree that NGJ 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 NGJ shall not be responsible or liable, directly or indirectly, for any damage or loss 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. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which NGJ has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Your Contact With Advertisers Or Third Party Vendors

Except as otherwise expressly agreed by NGJ, your dealings with advertisers and third party vendors found on or through the NextGen Journal Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between the third party and you. NGJ does not make any representations or warranties of any kind with respect to any content, goods, services, information, other materials or web sites that may be obtained from such third parties, and you agree that NGJ will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on such content, goods, services, information, other materials or web sites available, or through such third parties, on the Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which NGJ has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Site, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.

NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our editor-in-chief at connor.toohill@nextgenjournal.com.

Information Disclaimer and Disclaimer of Warranties

BY USING THE NEXTGEN JOURNAL SERVICES YOU UNDERSTAND AND AGREE THAT:

  • NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. NGJ AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
  • YOUR USE OF THE NEXTGEN JOURNAL SERVICES IS AT YOUR SOLE RISK. THE NEXTGEN JOURNAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NGJ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
  • NGJ MAKES NO REPRESENTATION OR WARRANTY THAT THE NEXTGEN JOURNAL SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE NEXTGEN JOURNAL SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NEXTGEN JOURNAL SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE NEXTGENJOURNAL SERVICES WILL MEET YOUR NEEDS.
  • ANY MATERIAL OBTAINED THROUGH THE USE OF THE NEXTGEN JOURNAL SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE NEXTGEN JOURNAL SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.

Indemnity. You agree to indemnify and hold the Indemnified Parties harmless from any liabilities or expenses  due to or arising out of your use of the Site, your violation of our Terms of Service, or your violation of any rights of another.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LIABILITIES OR EXPENSES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, 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, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

No Other Agreements Between Us

With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and NGJ for governing your use of the Site and the NextGen Journal Services and supersedes any prior agreements between you and NGJ for that purpose.

Contact Information

If you have any questions or concerns with respect to this Agreement or the Site, you may contact the editor-in-chief of NextGenJournal.com at connor.toohill@nextgenjournal.com

Effective date: June 10, 2009, last modified April 14, 2011.