BDCA eJourno : TPL 29
  • TERMS-OF-SERVICE

    Terms and Conditions

    In using this website you are deemed to have read and agreed to our terms and conditions below.

    In Brief

    At eJourno we encourage everyone to take part in sharing their news and stories. Of course, this means there is likely to be a vast array of opinions and content that people wish to share from all walks of life all across the world. With this in mind each eJourno must ensure they do not breach our basic rules in order for the website to work effectively and safely.

    Your responsibility

    Everyone that uses eJourno has a right, and a responsibility, to ensure that all are treated fairly and with respect, so you are all encouraged to report anything that you may feel breaches the outlining rules.

    1. No copyright infringements.
    2. Be careful what you say - You can be held accountable for opinions that you share.
    3. Do not abuse, harass, threaten, impersonate or intimidate other eJourno users.
    4. To never 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 unauthorised purpose.
    5. Steal other users' private information.

    Our Promise

    As a responsible news company we strive for honesty and fairness as much as possible.

    1. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
    2. We endeavour to follow up all reports of rule violations.
    3. You will always retain all copyright to any content you upload. When you upload content to the site you are allowing us the right to use this for our own purposes. This will often include sharing your stories with the world through some form of advertisement or social media post, but not limited to these. We go into detail with this below in section 'Content Submitted'.

    Full Terms and Conditions

    The webpages available at www.ejourno.com and all linked pages are owned and operated by eJourno Ltd. (collectively "eJourno", “we”, “us”, “our” or “the Company”), a London, England-based company, and is accessed by you under the Terms of Use described below ("Terms of Use" or “User Agreement”).

    By accessing or using our website at www.ejourno.com (the "Site"), you (collectively the "User" or “You”) signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered member of eJourno.

    Privacy Statement

    We are committed to protecting your privacy. Only authorised employees within the company use any information collected from individual users and we will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

    Description of service

    Subject to full compliance with the Terms of Use, eJourno may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content eJourno performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, comments, commentary, messages, ratings, votes, forum postings, User Contacts, information, data, news articles, graphics, photographs, images, illustrations, any information, Groups or graphics associated with Groups, software, audio clips, sound and video clips or other material known as "Content") on the Site. eJourno may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or Content. eJourno may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

    User conduct

    eJourno may remove any Content or eJourno accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please flag any material or comments using the flag icon or contact us using the forms on the 'Contact us' page.

    As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by eJourno.

    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 eJourno user; to create or submit unwanted email ("Spam") to any other eJourno 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. 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 eJourno rating and points system', page count, comments, or any other eJourno Services.

    Your registration obligations

    You are not obliged to register to use the Platform. However, parts of the Website and certain Services are only available to registered users.

    When you register to use the Platform, you will provide us with your email address, your real name (your "Account Name"), your date of birth and a password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

    You are solely responsible for maintaining the confidentiality and security of your email address and password, and you will remain responsible for all use of your email address and password, and all activity emanating from your account, whether or not such activity was authorised by you.

    You shall provide eJourno with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your eJourno account. You shall be responsible for maintaining the confidentiality of your eJourno password. By registering with eJourno you authorise our employees, site administrators and contractors to contact you by email or via your User account at any time for matters pertaining to editorial, content and your usage of the Services.

    Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorised employee or representative of a company or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

    Content submitted

    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 eJourno 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 authorise sublicenses of the foregoing to eJourno, 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 eJourno, 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. eJourno reserves the right to modify, edit or change any Content for any reason without prior notification.

    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.

    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) eJourno 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 eJourno.

    Without limiting the foregoing, eJourno reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. eJourno 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. eJourno 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 eJourno.

    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 eJourno 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 eJourno, and its licensees, successors and assigns, from any claims that you could otherwise assert against eJourno 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.

    eJourno 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.

    Your liability

    The opinions expressed by Site users do not necessarily reflect those of eJourno. You are solely responsible for your activities on our Site, including all Content that you submit or a third party submits on your behalf or using your account. You agree to indemnify and hold eJourno and its shareholders, directors, officers, employees, agents, affiliates, sublicencees, advertisers, partners, customers, vendors, successors and assigns against any and all third-party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Site, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms of Use; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all Content that you submit or a third party submits on your behalf or using your account.

    Intellectual property of eJourno

    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 eJourno. These materials are protected by law against unauthorised 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 eJourno is expressly prohibited. Copyright eJourno Limited. 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.

    Operation and maintenance of the site

    eJourno 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 we have advance knowledge of any interruption to the Site's Services, we will make reasonable efforts to provide advance notice to You of any such interruption. We 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

    eJourno may monitor the Site but is under no obligation to do so. You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information, which is handled by eJourno in accordance with the 'Privacy Policy' of the Site. eJourno has no duty to pre-screen your content or the content of others, but we have the right to refuse to post or to edit submitted content.

    Privacy Policy

    All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by eJourno in accordance with our Privacy Policy.

    Log Files

    We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

    Cookies

    Like most interactive web sites eJourno uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting, just like remembering who you are so you don't have to log in each time. We keep an up to date list of the cookies we use on the 'cookies' link at the bottom of every page.

    Links from this website

    We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

    Force Majeure

    Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

    Waiver

    Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

    The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page, through your profile and by email. You are therefore advised to re-read this statement on a regular basis.

    Severability

    Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

    General

    The laws of England and Wales govern these terms and conditions. By accessing this website www.ejourno.com you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

    Entire Agreement

    These Terms of Use, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and eJourno with respect to your use of the Platform, and supersede any prior agreement between you and eJourno.

    These terms are active as of July 1st, 2015.

    Copyright