Draft – July 6, 2018
Sludge reserves the right to revise this Agreement at any time, without prior notice, by posting here. You will be bound by any such revised Agreement if you continue to use the Website after such revisions are posted. We encourage you to review the Website and this Agreement from time to time to determine whether a revised Agreement has been posted. The date of the last revision is stated at the end of this Agreement.
Description of Service
Sludge is an investigative journalism project focused on money in politics, part of the First Fleet of newsrooms on the Civil publishing platform for independent media.
Children Under 13
User Content Posted on the Site
You are solely responsible for the photos, questions, comments, messages, notes, text, information, music, video, advertisements, links, and other content that you upload, publish or display (hereinafter, “post”) on or through the Website, or transmit to or share with other Website users (collectively the “User Content”). You understand and agree that Sludge, in its sole discretion, may, but is not obligated to, review and delete or remove (with or without notice) any User Content, including without limitation any User Content that, in Sludge’s sole judgment, violates this Agreement, or which might be inappropriate, offensive, illegal, or that might violate the rights or privacy of, harm, or threaten the safety of Website users or others.
By posting User Content to any part of the Website, you automatically grant a perpetual and irrevocable non-exclusive, worldwide, royalty-free right to Sludge to use, reproduce, publicly display, publicly perform, publish, and sublicense the User Content and Images, on the Website, or in any other medium or manner it sees fit, or any reason that furthers the journalistic purposes of Sludge. You further represent and warrant that you are the owner of all copyrights in the User Content and have the right to grant such a license to Sludge. If applicable, you also represent and warrant that you have the appropriate model release for anyone appearing in any photographs or videos you upload, and that the User Content does not violate any third-party’s right of publicity or privacy.
You understand and acknowledge that any questions, comments, suggestions, ideas, feedback or other information that you submit to Sludge, whether via email or the contact form provided on the Website (“User Submissions”), are not confidential and become the sole property of Sludge, and that Sludge shall own the exclusive rights, including copyrights and any other relevant intellectual property, in the User Submissions.
Copyright and Trademark Policy
Except where otherwise stated, Content on the Website is the copyrighted work of Sludge, or its third-party content providers.
Sludge does not warrant or represent that your use of the Website Content will not infringe the rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately by emailing firstname.lastname@example.org, with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Sludge has adopted a policy of terminating, in appropriate circumstances and at Sludge’s sole discretion, members who are deemed to be repeat infringers. Sludge may also choose, in its sole discretion, to limit access to the Website and/or delete the accounts of of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Other Websites and Content
The website may contain links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third Party Content”). Sludge does control or monitor such Third Party Sites and Third Party Content, and cannot be held responsible for any Third Party Sites accessed through the Website or any Third Party Content encountered on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Sludge. Sludge shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Site or any Third Party Content. If you to navigate from the Website to any Third Party Sites, you acknowledge and understand that you do so at your own risk and Sludge’s terms, practices, and policies no longer apply. You should review the applicable terms and policies, including privacy policies and practices, of any Third Party Site to which you navigate from the Website.
You are solely responsible for your interactions with other Website Users. Sludge reserves the right, but has no obligation, to monitor disputes between you and other Users, and to delete the accounts of Website Users who engage in or escalate disputes with other Users.
Payments and Payments Processing; Rules for All Payments
You hereby agree that, for all donations/payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) donations will be charged to the credit or debit card or other payment method you use through Pico; and (3) all donations are final and non-refundable.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, INFORMATION, MATERIALS, SERVICES, AND ANY THING ELSE ON OR LINKED FROM THE WEBSITE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND Sludge EXPRESSLY disclaims all warranties and conditions with respect to the WEBSITE, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment and accuracy. Sludge MAKES NO WARRANTY THAT THE WEBSITE, CONTENT OR ANY OTHER INFORMATION OR SERVICE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
In addition to the above warranty disclaimers, YOU UNDERSTAND AND AGREE THAT Sludge WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF Sludge HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, CONTESTS, PROMOTIONS OR SWEEPSTAKES ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE Sludge AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law & Venue and Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, except for temporary, preliminary, or permanent injunctive relief or any other form of equitable relief as to which the parties submit to the exclusive jurisdiction of the courts in New York, New York, shall be settled by binding arbitration in New York, New York, and administered by the American Arbitration Association (“AAA”) or similar arbitration body and conducted by a sole arbitrator in accordance with the AAA’s Commercial Arbitration Rules or the arbitration rules of a similar arbitration body. The arbitration shall be governed by the Federal Arbitration Act, codified in chapter 1 of Title 9 of the United States Code, as amended, to the exclusion of state laws inconsistent therewith or that would produce a different result, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Except as may be required by law or to the extent necessary in connection with judicial challenge, or enforcement of an award, neither a party nor the arbitrator may disclose the existence, content, record or results of an arbitration.