Effective: May 2, 2022
Welcome! The Online News Association website and our affiliated websites, or online tools and services (collectively, our “Websites”), is owned by the Online News Association (“ONA,” “we” and “us).
BY USING OUR WEBSITES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS (“TERMS”) AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THESE WEBSITES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITES OR ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
Additional terms and conditions may apply to the purchase of products, services, or tickets to events, such as shipping and return policies, and to certain ONA Websites, such as the Career Center. By using these Websites and making these purchases, you agree to such terms and conditions, as applicable, and to the extent that these additional terms and conditions differ from those detailed in these Terms, the additional terms and conditions will govern.
Assistance. If you have any questions or comments, we invite you to contact our Customer Service Department by email at support@journalists.org.
Refund and Return Policy. Once an ONA membership has been purchased, no refunds will be given, unless required by law. Nothing herein is meant to limit your return or cancellation rights under applicable local law. Certain events, conferences, and other ONA offerings may have different policies with respect to refunds and returns. To the extent that those policies differ from the refund and return policy detailed here in the Terms, the terms of the refund and return policies of the event, conference, or other ONA offering will govern.
Charges. For all charges for any products, services, or memberships sold on the Websites, ONA will bill your credit card or alternative payment method offered by ONA. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse ONA for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of these Websites and any and all fees charged to you by your financial institution related to the charges. The membership fees are based on the listed price for the service and not actual usage. Payment obligations are non-cancelable and fees paid are non-refundable. If you cancel your membership in the middle of the period for which the membership was paid, we will not issue a refund for any portion of the amount charged for that period, unless required by law. See “Account Registration and Security” for more information about memberships. ONA may suspend or terminate your account, in addition to other rights and remedies, if fees are past due. You shall provide ONA with written notice of any disputed charges within ten (10) business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.
Copyright, Trademark and Ownership. All of the content displayed on the Websites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by ONA, its licensors, agents, or its Content providers. All elements of the Websites, including, without limitation, the Websites’ general design, ONA’s trademarks, service marks, trade names (including the ONA’s name, logos, the Websites’ names, and the Websites’ design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Websites may only be used for the intended purpose for which they are being made available. Except as may be otherwise indicated on the Websites, you are authorized to view, play, print and download documents, audio and video found on our Websites for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the ONA’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without ONA’s prior written consent. Of course, you’re free to encourage others to access the information themselves on our Websites and to tell them how to find it.
The use of ONA trademarks on any other website is not allowed. ONA prohibits the use of ONA trademarks as a “hot” link on or to any other website unless ONA approves the establishment of such a link in writing in advance. The Websites, their Content, and all related rights shall remain the exclusive property of ONA or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Websites.
Use of Contact Information. Any and all contact information that is displayed on the Websites, including the information contained in any member directories or other directories that may be provided on the Websites, is provided for informational purposes only and is not to be used for marketing, telemarketing, or solicitation purposes, regardless of whether such marketing, telemarketing or solicitation is commercial, non-commercial, charitable or political in nature. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind.
Links. You may establish a hypertext link to these Websites, including display of the Websites’ RSS feeds, so long as the link does not state or imply any sponsorship of or affiliation with you or your site by us. However, you may not, without our prior permission, frame any of the content of the Websites, or incorporate into another website or other service any material, content or intellectual property belonging to us or any of our licensors.
From time to time, these Websites may contain links to third-party websites that are not owned, operated, or controlled by ONA or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave these Websites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
User Content. Our Websites may include interactive features, such as discussion groups, blogs, forums, and other community publishing areas that allow members and other users to post content and materials for display on the Websites (“User Content”). User Content remains the intellectual property of the individual user, and you will be solely responsible for any and all content and materials of whatever nature that you post on, transmit to, or link to from the Websites. You agree to indemnify and hold ONA and its affiliates, agents, representatives, directors, officers, employees, and licensors, harmless from any liability of any nature arising out of or related to any content or materials submitted to or displayed on the Websites by you or by others using your user account.
By posting content on our Websites, you expressly grant ONA a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such content and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. All User Content is deemed non-confidential and ONA shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content. To submit a request to have content that you have posted removed, submit a request to us at support@journalists.org.
User Content does not represent the views of ONA or any individual associated with ONA, and we do not control the User Content. In no event shall you represent or suggest, directly or indirectly, ONA’s endorsement of User Content. ONA does not vouch for the accuracy or credibility of any User Content on our Websites and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our Websites. Through your use of the Websites, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons or people acting under false pretense. By using our Websites, you assume all associated risks.
You acknowledge that we may establish general practices, limits, and restrictions concerning use of any public posting areas of our Websites, and the posting of content, information, or materials by users of the Site. These restrictions may include a limit on the number of days that message board postings or other submitted content will be displayed on the Websites and/or retained by us and the maximum number of times (and the maximum duration for which) you may access the Websites in a given period of time. We assume no responsibility or liability for the deletion, corruption, or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware, or software. We reserve the right to change these general practices, limits, and restrictions at any time, in our sole discretion, with or without notice.
Inappropriate Submissions and Use of the Websites. You are prohibited from sending or posting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane messages or materials on the Websites. You may not post material on the Websites, or otherwise use the Websites in any manner, that:
(i) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(ii) humiliates, threatens, or injures other people or their property rights, including, but not limited to, intellectual property rights;
(iii) violates the privacy or publicity rights of other individuals or entities;
(iv) is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy the Websites;
(v) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(vi) harms minors in any way;
(vii) impersonates any person or entity, including, but not limited to, employees of the Websites, a forum moderator, or another user, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
(viii) constitutes or includes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Websites or any computer software or hardware or telecommunications equipment;
(x) interferes with or disrupts the Websites or servers or networks connected to the Websites, or disobeys any requirements, procedures, policies or regulations of networks connected to the Websites;
(xi) that is false, deceptive, misleading, or deceitful;
(xii) could be considered criminal conduct or give rise to civil liability; or
(xiii) otherwise violates any law or these Terms.
ONA does not encourage and strongly discourages any User Content that results from any activity that:
(i) may create a risk of harm, loss, injury, emotional distress, death, disability, disfigurement, or illness to you, to any other person, or to any animal;
(ii) may create a risk of any loss or damage to any person or property; or
(iii) may constitute a crime or create civil liability.
You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, or liability of any kind.
We have the right (but not the obligation), in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms or is otherwise unacceptable or inappropriate, whether for legal or other reasons. 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; (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 our Site, our officers, directors, affiliates, staff, representatives, or members or other users, and/or the public.
Further, any unauthorized use of our computer systems is a violation of these Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate removal of your content from this Websites and termination of your access to the Websites. As set forth in our Privacy Policy, we may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Unsolicited Submissions Policy. ONA is pleased to hear from its loyal users and members and welcomes your comments regarding ONA. Except where ONA specifically requests comments or submissions, ONA does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by ONA’s professional staff seem to others to be similar to their own creative work. Accordingly, ONA requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against ONA (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant ONA a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release ONA (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.
Job Listings. The “Career Center” area of our Websites permits registered users to post job openings, search job openings, and review ONA member resumes. We do not knowingly accept listings regarding employment that are not for bona fide job opportunities. We also do not knowingly accept listings that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that a listing posted on our Websites discriminates on any illegal basis, or is otherwise illegal, please contact us at support@journalists.org. We encourage you to investigate fully and understand all aspects of any job you are considering. Additional privacy policies and terms and conditions may apply to your use of the Career Center. To the extent that policy and those terms differ from the ONA Privacy Policy and these Terms, the Career Center policy and terms will govern. Your application for a job posted on the Career Center and communications with organizations that have posted on the Career Center may be subject to the privacy policy and terms and conditions of the organization to which you apply and/or communicate.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. Third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Websites. ONA has adopted a policy that provides for the removal of any content or the suspension of any user that is found to have repeatedly infringed on the copyright of a third party. If you believe any material available via the Websites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 USC Section 512). Your infringement notice should be sent to Irving Washington, Online News Association, 1111 North Capitol Street NE, Second Floor, Washington, DC 20002 or by email to copyright@journalists.org.
Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Websites; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in the above paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms or on the Websites.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent to a user’s last known physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing. Please be advised that if you submit a counter-notification, that notice along with your identifying information included in the notice will be provided to the party that submitted the original claim of infringement.
Advertising Rights. ONA reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and ONA and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate ONA to sell or offer to sell any advertising, promotion or distribution rights.
Accuracy of Information. We attempt to ensure that information on these Websites is complete, accurate, and current. Despite our efforts, the information on these Websites may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy or currency of any information on these Websites.
Account Registration and Security. You understand that you may need to create a membership account to have access to parts of the Websites (“Member Areas”). To access the Member Areas, you will be asked to register with us on the form provided. The registration may require you to submit certain identifiers (such as your name and email address) and to provide certain demographic information (such as your gender and date of birth). If you are not an ONA member, you can request membership by visiting the “Become a Member” section of the website. Your membership application may be reviewed by us before access to the Member Areas is granted. You agree that you will not submit a membership request or attempt to register for the Member Areas if you under the age of 13.
In consideration of your use of the Member Areas, the Websites, and your membership with ONA, you will: (a) provide true, accurate, current, and complete information about yourself as prompted by the Websites’ registration process and (b) maintain and promptly update your information to keep it true, accurate, current, and complete. If ONA suspects that such information is untrue, inaccurate, not current, or incomplete, ONA has the right to suspend or terminate your account and refuse any and all use of the Websites.
When submitting a membership request or registering for the Member Areas of the Site, you will be asked to create a username that will be associated with your account. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. You also will be assigned a password to access the Member Areas of the Site and will have the opportunity to change that password via the account tools that are provided to you on the Site. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Websites. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.
Access and Interference. You agree that you will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, as determined 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 Websites or any activities conducted on the Websites; or (iii) bypass any measures we may use to prevent or restrict access to the Websites.
Privacy. Information collection and use, including the collection and use of personal information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.
Force Majeure. ONA is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, pandemics, acts of God, war, revolution, civil commotion, or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Representations and Warranties. You affirm, represent and warrant the following: (i) you are old enough in your location to enter into a binding contract with ONA and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the Websites; (iii) if necessary you have the written consent of each and every identifiable natural person to use such person’s name or likeness in the manner contemplated by the Websites and these Terms, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (v) you are not, and have not been an agent of ONA and were not and are not acting on behalf of, or as a representative of, ONA or any other party; (vi) ONA use of any information you have submitted as contemplated by the Terms and the Websites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity (vii) you have not and will not engage in any of the activities or behaviors listed in the Inappropriate User Submissions section in the production of, your appearance in, or contribution(s) to your User Content; (viii) the User Content does not contain: (a) material falsehoods or misrepresentations that could harm ONA or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
DISCLAIMERS. YOUR USE OF THIS WEBSITES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITES OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITES OR ANY INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER ONA NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ONA OR THROUGH ONA’S WEBSITES, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY. ONA DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITES, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITES. IN NO EVENT WILL ONA, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THESE WEBSITES, ANY WEBSITES LINKED TO THESE WEBSITES, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT ONA SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT OR PRODUCTS OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES OR THE CONTENT OR PRODUCTS OR SERVICES. IN NO EVENT SHALL ONA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITES OR MEMBERSHIP TO ONA FOR THE PERIOD MOST RECENTLY PRECEEDING THE ALLEGED PROBLEM.
Indemnity. You agree to indemnify and hold ONA and its affiliates, agents, representatives, directors, officers, employees and licensors, harmless from any claim or demand, including reasonable attorneys’ fees related to such claim or demand, made by any third party due to or arising out of your use of the Site, your violation of our Terms, or your violation of any rights of another.
Release. In the event that you have a dispute with another user or other party related to the Websites, you release ONA (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Termination. You or we may suspend or terminate your account or your use of these Websites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Websites in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) as otherwise provided herein or in another applicable policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. ONA will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.
General. Any claim arising out of or relating to the use of, these Websites and the materials contained herein is governed by the laws of the District of Columbia, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the courts located in the District of Columbia. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or related to the Terms or the Websites will be resolved individually, without resort to any form of class actions. Any and all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the Websites must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Websites.
We do not guarantee continuous, uninterrupted, or secure access to our Websites, and operation of the Websites may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by ONA in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and ONA with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these Terms.
All rights not granted herein are expressly reserved to the Online News Association.
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