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The Jewish Week – Terms of Use (Podcast)
The Jewish Week, Inc. (the "Jewish Week") podcasting service (the "Podcast Service") consists of news and information files (the "Podcast Content", the Podcast Service and Podcast Content are collectively referred to as the "Podcast") that may be downloaded to your computer and/or transferred to your portable MP3 player by clicking on a link on the Jewish Week website. These terms of use (the "Terms of Use") govern your use of the Podcast. The use of the Podcast also remains subject to the "Legal Notice" and the terms, conditions, and disclaimers therein (the "Website Terms and Conditions"), which governs the use of the Jewish Week website and are incorporated herein by reference.
Acceptance of Terms of Use:
By using and/or accessing this Podcast, you signify your acceptance to both these Terms of Use and the Website Terms and Conditions. Jewish Week reserves the right to modify these Terms of Use and the Website Terms and Conditions at any time without notice. You hereby affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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 to abide by and comply with these Terms of Use.
Use of the Podcast:
The Podcast is a free service offered by the Jewish Week to individuals. Jewish Week hereby grants you permission to use the Podcast solely in the form distributed by Jewish Week provided that (i) your use of the Podcast is only for private, non-commercial use, (ii) you do not copy or distribute any part of the Podcast in any medium without Jewish Week's prior written authorization; (iii) you do not edit, alter or modify any part of the Podcast or links supplied by Jewish Week; (iv) you do not incorporate advertising associated with or targeted towards Podcast Content; and (v) you otherwise comply with the Terms of Use and/or the Website Terms and Conditions. Any uses not contemplated herein including, without limitation, the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast, or uses for illegal or improper purposes, are strictly prohibited. Any use, display or performance of the Podcast Content must not suggest that Jewish Week promotes or endorses any third party causes, ideas, websites, products or services and may not be used by you in any manner or linked to any materials that could be considered obscene or defamatory in nature.
Link to Content Pages:
The Podcast may be used only with those platforms from which a functional link is made available to an end-user that, when accessed, takes the end-user directly to the Podcast link on the Jewish Week website. You may not display the Podcast Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Jewish Week web page. You may not insert any intermediate page, splash page or other content between the Podcast link and the applicable Jewish Week web page.
Ownership/Attribution:
Jewish Week retains all ownership and other rights in the Podcast Content, which is protected by U.S. and international copyright laws, and any and all Jewish Week logos and trademarks, which are protected by U.S. and international trademark laws, used in connection with the Podcast. You must provide attribution to the Jewish Week website in connection with your use of the Podcast. You may not alter or remove any trademark, copyright, or other notice from the Podcast. If you provide this attribution using a logo or graphic, you must use the appropriate Jewish Week logo or graphic that we have incorporated into the Podcast Content.
Suggestions/Feedback:
You agree that any suggestions, comments or other feedback ("Feedback") you offer to Jewish Week with respect to the Podcast is and will be given entirely voluntarily. Jewish Week shall be free to use, disclose, reproduce, license or otherwise distribute and exploit Feedback provided to it as it sees fit.
Right to Discontinue Podcast Service:
Jewish Week reserves the right to discontinue providing any or all aspects of the Podcast at any time and to require you to cease displaying, distributing or otherwise using any or all aspects of the Podcast for any reason including, without limitation, your violation of any provision of these Terms of Use and/or the Website Terms and Conditions.
Disclaimer For Podcast:
JEWISH WEEK PROVIDES THIS PODCAST ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PODCAST SERVICES, PODCAST CONTENT, OR ANY OTHER SERVICES, INFORMATION OR CONTENT INCLUDED THEREIN. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PODCAST. JEWISH WEEK DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PODCAST IS TO STOP USING THE PODCAST AND/OR ANY RELATED SERVICES.
Limitation of Liability:
IN NO EVENT SHALL JEWISH WEEK, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PODCAST, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, OMISSIONS, MISTAKES OR INACCURACIES OF THE PODCAST, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) UNAUTHORIZED USE OF OR ACCESS TO THE PODCAST, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION OF THE PODCAST TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED VIA THE PODCAST OR FROM OUR WEBSITE, (VI) USE OF OR ACTIVITY IN CONNECTION WITH THE PODCAST ON YOUR OR ANY THIRD PARTY WEBSITE, COMPUTER, OR MP3 PLAYER, AND/OR (VII) LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OF DATA) INCURRED AS A RESULT OF YOUR USE OF OR ACCESS TO THE PODCAST REGARDLESS OF THE MANNER IN WHICH IT IS POSTED, EMAILED, MADE AVAILABLE OR OTHERWISE TRANSMITTED, WHETHER OR NOT SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Choice of Law:
You agree that these Terms of Use shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Jewish Week that arises in whole or in part from the Podcast shall be decided exclusively by a court of competent jurisdiction located in New York County, New York and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
General:
You agree that any cause of action arising out of or related to the Podcast must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
In the event that any of the provisions of these Terms of Use are held by a court of competent jurisdiction to be unenforceable, such provisions shall be limited or severed to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
