NJLivingColor.org Terms of Use

Welcome to the NJLivingColor.org website.  The website is owned and operated by the New Jersey Black Cultural & Heritage Initiative Foundation, Inc., (NJBCHI Foundation). These Terms of Use set out the legally binding terms for your use of the NJLivingColor.org website and the services offered. The NJBCHI Foundation may modify these Terms of Use from time to time and such modifications shall be effective upon posting by the NJBCHI Foundation on the website. You agree to be bound by any changes to these Terms of Use when you use NJLivingColor.org after any such modification is posted. Some of the services offered on NJLivingColor.org may be subject to additional terms which are posted on the website in connection with those services, and are incorporated by reference into these Terms of Use. In the event of any inconsistency between these Terms of Use and additional posted conditions, the provisions of the additional posted conditions shall control.

The NJBCHI Foundation, reserves the right, in its sole discretion, with or without prior notice and without liability, to discontinue any aspect of the website and/or to suspend or terminate your access to all or any part of NJLivingColor.org or any of the services at any time, for any or no reason. These Terms of Use apply to all website users, including users who may post video or other content on the website. You should be aware that NJLivingColor.org may contain links to third party websites that are neither owned nor controlled by the NJBCHI Foundation.

User Submissions

The NJBCHI Foundation may allow NJLivingColor.org users to submit videos and/or other materials for publication on the website (collectively, "User Submissions"). You are responsible for the content of your own User Submissions and with respect to each User Submission, you represent and warrant that: (1) you own or have the necessary rights and/or permissions to use, and to authorize the NJBCHI Foundation to use, any and all elements of the User Submission (including, but not limited to, patent, trademark, trade secret, copyright and other proprietary rights) in the manner contemplated by the website and in accordance with these Terms of Use; and (2) you have the written release and/or permission from each person depicted in the User Submission to use his or her name or likeness of in the manner contemplated by the website and these Terms of Use. You further grant each website user a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in accordance with these Terms of Use.

You represent and warrant that no User Submission you submit or post will contain material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to the NJBCHI Foundation the rights granted by you herein. You further represent and warrant that no User Submission you submit or post will contain defamatory material, violate any law or be otherwise inappropriate.

Comments by Users of the Website are not Endorsed by the NJBCHI Foundation.

The NJBCHI Foundation does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted by users of the website. Nor does the NJBCHI Foundation or any of its third party service providers make any warranties with respect to any comments, opinions or statements posted by users of the website. Any information or material posted on the website by Users, including advice and opinions, are the views and responsibility of those individual users who post the statements and do not necessarily represent the views of the NJBCHI Foundation or any of its third party service providers.

Your Conduct on the Website.

In order for NJLivingColor.org to be enjoyable for all users, you agree that you will not use the website and/or services for any inappropriate, improper or illegal purpose. In addition, you agree to use current (and proposed) bulletin board services, chat areas, news groups, communities and/or message or communication facilities only to post content and/or send and receive messages and material that is proper and related to that particular forum. If you choose a username that, in the Foundation 's sole discretion, is inappropriate, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the website and/or services, deny you access to the website and/or services, or any combination of these options.

Privacy, Registration and Passwords.

The NJBCHI Foundation is committed to protecting your privacy. If you register on the website, you agree to provide us with accurate information. In order for us to provide you with our services, we ask that you update your information to keep it accurate and current. When you set up accounts or sign up for certain services offered on the website, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your accounts and password and you agree not to share your password with any third parties. You agree to immediately notify us if you suspect any unauthorized use of your password or accounts or any other breach of security. You are solely responsible for any and all use of your password and accounts.

Non Commercial Use.

NJLivingColor.org is for the personal use of its users and may not be used in connection with any commercial activities except those that are specifically endorsed or approved by the board and management of the NJBCHI Foundation. Illegal and/or unauthorized use of NJLivingColor.org, including collecting names and/or email addresses of users of the website by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to NJLivingColor.org will be subject to investigation and subsequent legal action.

Proprietary Rights of the NJBCHI Foundation.

Except for User Submissions, the NJBCHI Foundation owns or licenses all rights in the NJLivingColor.org website and all content and services offered on or in connection with the NJBCHI Foundation or NJLivingColor.org. You agree that you will not circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any content on the website. Except for that information which is in the public domain or for which you have been given written permission by the NJBCHI Foundation or the copyright owner, you may not copy, modify, publish, transmit, distribute, perform, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of NJLivingColor.org or any portion thereof.

Disclaimers.

The NJBCHI Foundation is not responsible for any incorrect or inaccurate content posted on NJLivingColor.org or in connection with the services provided, whether posted by users of the website in a User Submission or otherwise, or by any of the equipment or programming associated with, or utilized in, the website and/or the services provided. The NJBCHI Foundation is not responsible for the conduct, whether online or offline, of any user of the website and/or services provided. The NJBCHI Foundation assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. The NJBCHI Foundation is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of any email due to technical problems or traffic congestion on the Internet or the website or any combination thereof, including any injury or damage to any person's computer related to or resulting from participation or downloading materials in connection with NJLivingColor.org and/or the services. Under no circumstances shall the NJBCHI Foundation be responsible for any loss or damage, including personal injury or death, resulting from use of NJLivingColor.org or the services or from any content posted on NJLivingColor.org or transmitted to users of the website, including, but not limited to, content contained within User Submissions, or any interactions between users of the website and/or the services provided, whether online or offline. NJLivingColor.org and the services are provided "AS-IS" and the NJBCHI Foundation expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The NJBCHI Foundation cannot guarantee and does not promise any specific results from use of NJLivingColor.org and/or the services.

Limitation on Liability.

IN NO EVENT SHALL THE NJBCHI FOUNDATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF NJLIVINGCOLOR.ORG OR THE SERVICES, EVEN IF THE NJBCHI FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE NJBCHI FOUNDATION'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE NJBCHI FOUNDATION FOR PARTICIPATION ON NJLIVINGCOLOR.ORG AND/OR USE OF THE SERVICES.

Links to Other Websites, Resources and Sponsors.

NJLivingColor.org contains links to third party websites, resources and sponsors. The NJBCHI Foundation is not responsible for the availability of these external websites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such websites. Your use of third party websites is subject to the terms of use and privacy policies that govern those sites. Under no circumstances shall the NJBCHI Foundation be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a NJLivingcolor.org visitor or Community member in connection with such websites.

License to Your Content.

You hereby grant to the NJBCHI Foundation a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display, in whole or in part, any User Submission and/or message you post on NJLivingColor.org and/or any email sent by you to the NJBCHI Foundation and/or to incorporate it in other works in any form, media or technology now known or later developed.

Jurisdiction.

The NJBCHI Foundation makes no representation that the content on NJLivingColor.org is appropriate, available or legal in any particular location. Those who choose to access NJLivingColor.org do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New Jersey applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Trenton, NJ. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

Indemnity.

You agree to indemnify and hold the NJBCHI Foundation, its board of trustees, affiliates, agents, and other partners, employees and service providers, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of NJLivingColor.org, including, but not limited to, content incorporated in a User Submission you post, or the services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Other.

This Agreement is accepted upon your use of NJLivingColor.org. The failure of the NJBCHI Foundation to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of any such right or provision. Please contact us with any questions regarding this Agreement at info@njlivingcolor.org .

Last Revised, January 20, 2008.

About the NJBCHI Foundation:

The New Jersey Black Cultural and Heritage Initiative Foundation, Inc. is a 501(c)3 non-profit corporation and is registered as a charitable organization with the New Jersey Division of Consumer Affairs.  Authorized by the New Jersey State Legislature as an independent nonprofit corporation and partner of the New Jersey Department of State, the foundation is mandated to create public/private partnerships to broaden, deepen and diversify public participation in black arts, history and culture. The foundation is governed by a distinguished Board of Trustees co-chaired by Secretary of State, Nina Mitchell Wells and Stedman Graham.  The Executive Director of the foundation is Lawana P. Dykes, co-founder of the foundation and its legislation.

The New Jersey Black Cultural & Heritage Initiative, Inc. and its programs and services are created to benefit and serve all New Jerseyans and visitors alike.  The Foundation, its staff and programs officers do not discriminate on the basis of race, color, age, religion, national origin, sexual orientation, gender identity, sex, marital status, disability, or status as a U.S. veteran.

{For additional information about the foundation's authorizing legislation, please access the following link: http://www.njleg.state.nj.us/2004/Bills/PL05/47_.HTM }