website (“Website”), and are an agreement between you and
JournalismNext LLC (“Company”)(the Company and Website are
collectively referenced as “we” or “us”). By using
this Website and/or registering and creating an account as set forth below,
you expressly acknowledge that you have read, accept, and agree to be
You should not use this Website, if you do not agree to these Terms of
discretion, and any modifications that we have made will apply immediately.
You should check back with us from time to time in order to ensure you
Policy or introduce new policies regarding the use of this Website. Any
1. Our Service.
JournalismNext.com is a career website, which is designed to connect employers
seeking to build a diverse workforce with minority jobseekers in the media
You are only eligible to have an account on our Website if you are an
adult who is at least eighteen (18) years of age, and if you are fully
able and competent to enter into and to comply with the terms, conditions,
obligations, representations, and warranties set forth in these Terms
of Use. In the event you are under eighteen (18) years of age, you may
only have an account if an adult takes responsibility for the account,
sets it up in his or her name, and then supervises and grants you permission
to use that account.
In order to access many of the features of this Website, you will need
to register and create an account. All information provided by you in
your registration must be accurate and complete, including but not limited
to having accurate email addresses at all times. You may not use profane,
obscene, or racist language in your username or in your profile on this
We may suspend or cancel your registration without notice if we have
any reason to believe that you are not eligible to use this Website, or
that the information you have provided is inaccurate, incomplete, profane,
obscene, or racist, or that you have failed to comply with the Terms of
Use, without limiting any other remedies to which we may be entitled.
Also, if we consider you to have committed any fraudulent or other illegal
activity, we may report you to the relevant law enforcement authorities.
If you register, you will be required to select a password. You should
not disclose your password to any third party. You are solely responsible
for keeping your password confidential and for the activity that occurs
on your account. We will never ask you to send your password or other
sensitive information to us in an email or to enter it via any website
other than one with the URL of www.JournalismNext.com. If you suspect
any unauthorized use of your account or access to your password, please
change your password immediately and contact us. You agree to immediately
notify us of any unauthorized use of your password or account or any other
breach of security. You are solely liable for any loss or damage arising
from your failure to comply with this Section. You expressly agree that
your account may not be sold or transferred.
We may suspend or cancel your registration with us at any time without
any other remedies to which we may be entitled. Furthermore, if we consider
you to have committed fraud or any illegal activity, we may report you
to the appropriate law enforcement authorities. For the avoidance of doubt,
suspended or terminated users are required to pay JournalismNext.com any
outstanding fees immediately upon suspension or termination of the account.
All listings that you post should be detailed, true, and accurate. Descriptions
of the jobs you are posting on our Website should not misrepresent the
job in any way.
We receive listings from employers and resumes from jobseekers in good
faith on the basis of their representations. We do not screen employers
before they post jobs on the Website and do not confirm their identities.
Likewise, we do not screen jobseekers or confirm their identities.
If you are a jobseeker, it is your sole responsibility to investigate
the suitability of jobs listed on this Website and to verify the credentials
of employers before accepting any offer, including their financial condition,
lawfulness, and reputation. If you are an employer, it is your responsibility
to verify the credentials of jobseekers prior to making any offer.
Employers advertising on this Website are required to comply with all
applicable laws, statutes, and regulations issued by any local, state,
or federal agency, including but not limited to Title VII, as amended,
the Age Discrimination in Employment Act, the Americans with Disabilities
Act, or any other local state, or federal statute, law or regulation that
protects applicants or employees from discrimination in employment and/or
We do not endorse any jobs or employers advertised on this Website, or
make any warranty or representation that they are of a particular quality
or suited for any purpose. We do not monitor job postings, but reserve
the right to remove any listing for any reason at our sole discretion.
Please let us know if you believe any job listing on this Website is inaccurate,
misleading, illegal, fraudulent, conflicts with relevant laws, or violates
By posting a job on this Website, you represent and warrant that you have
the intent and capacity to hire for the position advertised. We reserve
the right to suspend the accounts of any employers who post jobs that
they do not intend to hire for, or who make repeated misrepresentations
about the jobs in any listing, or who post job listings that are inaccurate,
illegal, fraudulent, or that conflict with relevant laws.
6. Posting Comments.
This Website provides visitors the ability to make comments to other members
of online community. If you make comments, then you are solely responsible
for ensuring that your comments are appropriate and are not illegal, obscene,
threatening, harassing, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise objectionable and do not consist
of or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of “spam.” You represent
and warrant that you own all rights in any comments that you post and
grant to us a nonexclusive, royalty-free, perpetual, irrevocable right
to use, reproduce, adapt, publish, translate, create derivative works
from, distribute, and display comments on the Website, to reproduce or
store the comments on our computers and servers, and to grant sublicenses
to third parties.
We reserve the right to monitor and remove comments at any time without
7. Intellectual Property.
All trademarks and copyrightable material on the Website, including but
not limited to content (such as text, images, audio and video files),
code, design features, and databases, are owned or licensed by us unless
otherwise indicated. You may not reproduce, display, publicly perform,
copy, distribute, or otherwise use for any commercial purpose any portion
of the Website without the express written permission of us or our licensors
as appropriate. The use of any copyrightable material on any other website
or in a networked computer environment for any purpose is prohibited.
Any code that we create to generate or display any content on the pages
of this Website is also protected by our copyright and you may not copy
or adapt such code.
8. Intellectual Property Infringement Complaints.
We respect the intellectual property rights of others. If you ever suspect
that your intellectual property has been copied in any manner that constitutes
intellectual property infringement, then please notify us immediately,
providing the following information:
(a) Identification of the Intellectual Property. The name of the owner
of the intellectual property and a signature of the person authorized
to act on behalf of the intellectual property interest, which is alleged
to be infringed;
(b) Description of Infringed Right. A description of the intellectual
property right that you claim has been infringed;
(c) Location of Infringing Item. A description of where the allegedly
infringing item is located on the Website;
(d) Contact Information. Your address, telephone number, and email address;
(e) Statement under Penalty of Perjury. A statement by you confirming
that you are the intellectual property owner or are authorized to act
on the intellectual property owner’s behalf, made under penalty
9. Operation of Website.
We use commercially reasonable efforts to maintain our Website and to
keep it operating on a twenty-four (24) hour, seven (7) day a week basis,
free from bugs, errors, technical problems, or defects. If, at any time
in the future, we identify any bugs, errors, technical problems, or defects,
then we will immediately assign technicians to address and resolve the
If you become aware of an error, bug, or other technical problem, then
you should notify us immediately of the incident and provide us with the
(a) Description of the Incident. The specific sequence of events which
generated the incident, and a full description;
(b) Description of Error Message. The exact wording of any error messages,
if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding
the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted,
or that the Website will be available at all times. We can assume no liability
or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website is
protected from viruses and other destructive software (“Viruses”),
but we cannot guarantee that the Website will at all times be free from
Viruses. We urge you to use reasonable care in downloading information
from the Website. We can assume no responsibility for any damage to computer
equipment or other property that may result from the use of the Website
or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website for any time
for any reason at our sole discretion, and to make modifications to the
operation of the Website at any time at our sole discretion.
10. Specific Prohibited Uses of the Website.
Our Website should only be used for lawful purposes by visitors who are
seeking to participate in hiring decisions. We specifically prohibit any
other use of the Website, including but not limited to the following:
(a) posting or submitting to the Website any information in which you
impersonate or claim to be any third party, in which you misrepresent
your affiliation with another person or entity, or in which you misrepresent
in any way the item you are listing on this Website; (b) disclosing or
sharing your password with any third party or allowing such third party
access to a password-protected portion of the Website; (c) taking any
action that disrupts, tampers with, interferes, or imposes an unreasonable
burden on the Website’s infrastructure, servers, data, or network
or those of any third party via our Website; (d) using or attempting to
use any engine, software tool, agent, or other device or mechanism (including
without limitation browsers, spiders, robots, avatars, or intelligent
agents) to navigate or search the Website other than generally available
third party browsers (including but not limited to Internet Explorer,
Firefox, and Safari; (e) posting or submitting any content that contains
Viruses or any computer code, files, or programs designed to interrupt,
destroy, or limit functionality of the Website or of any computer software,
hardware, or telecommunications equipment; (f) deciphering, decompiling,
disassembling, or reverse engineering any of the software comprising or
in any way making up part of the Website; (g) aggregating, copying, or
duplicating in any manner any of the software making up part of the Website
or any of the content or information available on the Website; (h) using
any means of automatically searching or mining data from the Website,
or in any way attempting to interfere with the proper working of the Website;
(i) stalking, harassing, or threatening any visitor, employer, or jobseeker
on this Website; or (j) collecting or storing personal information about
any employer or jobseeker on this Website.
We reserve the right (but do not have the obligation) to suspend or terminate
visitors who do not appropriately use the Website. If you become aware
of any inappropriate use, please notify us at our email address at info@journalismnextcom.
11. Third Party Websites.
Our Website contains links to third party websites, which are not owned
or maintained by us and over which we have no control (“Third Party
Site(s)”). If you click on a link to a third party website, our
intend that links to Third Party Sites be referrals to or endorsements
of the linked entities.
12. Limitation of Liability; Consequential Damages.
You agree that Company and Website will not be liable to you for any indirect,
consequential, special, punitive, or exemplary damages, arising out of
or in connection with the use of this Website or the purchase or sale
of goods through this Website, 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).
Our liability to you shall in no event exceed the total aggregate amount
of $100.00 for all claims. Some jurisdictions do not allow the limitation
of liability, so these limitations may not apply to you.
13. Release and Waiver of Claims.
To the maximum extent permitted by applicable law, you hereby release
and waive all claims against us and our officers, directors, employees,
independent contractors, representatives, and agents from any and all
liability for claims, damage (actual and or consequential), costs and
expenses (including litigation costs and attorneys’ fees) of every
kind and nature arising from or in any way related to this Website, including
but not limited to any dispute which you have with a third party.
If applicable, you waive your rights under California Civil Code Section
1542, which states, “A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially
affected his settlement with the debtor.” You understand that any
fact relating to any matter covered by this release may be found to be
other than now believed to be true, and accept and assume the risk of
such possible differences in fact. In addition, you expressly waive and
relinquish any and all rights which it may have had under any other state
or federal statute or common law principle of similar effect, to the fullest
extent permitted by law.
14. Warranty; Disclaimer.
Your use of this Website and your decision to enter into transactions
on this Website shall be at your sole risk. You are solely responsible
for interacting with employers or potential jobseekers on this Website,
and for any actions that you take in reliance on their representations.
We cannot be responsible for any employment decisions made by you or any
third party regarding any job posting on this Website, nor can we be responsible
for any statements made during the interview process by you or any third
We do not screen employers or jobseekers on this Website, so we cannot
warrant that the parties with whom you do business on this Website will
be honest, accurate in their representations of the jobs which are listed
or on their resumes, free of criminal backgrounds, that they will be who
they say they are, that the employers will have the intent to hire for
the jobs posted on the Website, that the employers will honor and not
rescind offers, or that employers or jobseeker will follow all applicable
laws, statutes, and regulations in the hiring process or once an offer
is extended and accepted. Likewise, we cannot make any warranties, representations,
or guarantees regarding the effectiveness or timeliness of this Website
in meeting the objectives of jobseekers or employers, nor can we take
any responsibility for the decisions of any jobseekers or employers. We
make no warranty that your access to the Website will be continuous, uninterrupted,
bug-free, error-free, Virus-free, free of defects, or free of technical
problems, or that job listings on this Website will be accurate or complete.
Similarly, we can make no warranties regarding the information or contents
of any Third Party Websites linked to this Website, or that the security
precautions we take to protect personal information uploaded to this Website
will adequately protect your personal information from hackers and other
The following statement is required per California statute: NO VERBAL
OR WRITTEN PROMISE OR GUARANTEE OF ANY JOB OR EMPLOYMENT IS MADE OR IMPLIED
DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES
OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS
WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.
By using this Website, you agree to indemnify, defend, and hold harmless
Company and this Website, our respective licensors, affiliates, officers,
employees, independent contractors, representatives, agents, and other
visitors against any and all claims arising from or in any way related
to (a) your use of this Website; (b) any transaction you enter into pursuant
to this Website or any dispute between you and any third party; (c) any
financial or bodily injury you suffer in conjunction with any listing
posted to this Website, or (d) any violation of any law, statute, or regulation
issued by any local, state, or federal agency, including but not limited
to Title VII, as amended, the Age Discrimination in Employment Act, the
Americans with Disabilities Act, or any other local, state, or federal
statute, law, or regulation that protects applications or employees from
discrimination in employment or hiring decisions. Such indemnification
shall include but not be limited to any liability or expense arising from
any and all claims, demands, losses, damages, costs, expenses, suits,
judgments, litigation costs, or attorneys’ fees.
We reserve the right to discontinue this Website and our services at any
time in our sole discretion. You agree that we may assign these Terms
of Use without prior notice to a successor entity in the event of a merger,
acquisition, or sale of all or part of our business. No waiver of any
repeated will be deemed a waiver of any subsequent breach , nor shall
any delay or omission to exercise any right, power, or privilege hereunder
be deemed a waiver of such right, power, or privilege. If any section
the law of any jurisdiction, the validity of the remaining sections shall
not be affected by such holding. The meaning of that section shall be
construed to the extent feasible to render the section enforceable and
to give effect to the parties’ intentions as reflected in the section.
If no feasible interpretation would save such section, it is to be severed
you and us with respect to the subject matter set forth herein. The section
for convenience only and shall not limit or otherwise affect these Terms
17. Governing Law; Dispute Resolution.
the laws of the State of California, without regard to conflicts of law
Company offers no internal dispute resolution or mediation service, in
order to moderate disputes between employers and jobseekers. It is our
policy, however, that all disputes that you have against us or the Website,
in San Francsico, CA under the Commercial Rules of Arbitration for the
American Arbitration Association by one arbitrator mutually agreed upon
by you and us in accordance with the aforementioned Rules.
The costs of arbitration, including administrative and arbitrators’
fees, shall be shared equally by each of us. The arbitration award shall
be final and each of us shall comply in good faith to the entry of the
arbitrator’s award in any court having jurisdiction. If judicial
enforcement or review is sought, the prevailing party shall be entitled
to costs and reasonable attorney’s fees.
All claims you bring against us or the Website must be resolved in accordance
with this Section. All claims filed or brought against us contrary to
the terms of this Section shall be considered improperly filed. Should
you file a claim contrary to this Section, you agree that we may recover
attorneys’ fees and costs for the improperly filed claim, provided
that we have notified you in writing of the issue and you have failed
to properly withdraw the claim.
18. Contact Us.
that you need further assistance with respect to the access or use of
the Website, please notify us at email@example.com or (703) 629-0178.