Terms of use

1. INTRODUCTION. This Site and its contents are made available by the American Copy Editors Society ("ACES"), its Web site ("copydesk.org"), its members ("members") Flickr.com ("Flickr"), Yahoo.com ("Yahoo") and HostGo ("HostGo"). These Terms of Use apply to everyone who Uses this Site (as defined below), or who participates in any projects hosted on this Site. PLEASE READ THESE TERMS CAREFULLY FIRST. BY USING THE SITE OR PARTICIPATING IN ANY PROJECTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN DO NOT USE THE SITE OR PARTICIPATE IN ANY PROJECTS HOSTED ON THIS SITE.

2. DEFINITIONS. As used here:

a. "Hosts" means Flickr, Yahoo, ACES and HostGo.

b. "Materials" means articles, handouts, HTML code, technical materials, photographic material, descriptions, documentation, discussion thread postings, blogs, wikis, data, and any other content, information or technology available on the Site.

c. "Project" means a project hosted on the Site.

d. "Site" means the collection of web pages that can be accessed via this website, or any website operated by, or licensed to, ACES, as well as any successor web pages or other technology as may be designated by the Hosts.

e. "Submissions" means any Materials submitted to the Site, including all Projects.

f. "Terms" means these Terms of Use.

g. "Use" and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to. A "User" is a person or entity who Uses the Site.

h. "You" means you personally, as well as any person or entity on whose behalf you are Using the Site.

i. "Likeness" means any photograph, portrait, drawing or other image or likeness of you or any photograph, portrait, drawing or other image or likeness of a person, however reproduced, and whether still, single, multiple or moving.

d. "Permitted Assignees and Licensees" means persons and entitles who have been assigned or licensed the right to use the Name and/or Likeness as permitted below.

3. ACCESS TO THE SITE AND THINGS YOU FIND HERE. This section refers to the Materials found on the Site, as defined above.

a. Materials May Have Other Licenses/Terms. Some of the Materials may be accompanied by their own licenses or terms of use. With respect to Your rights in and obligations regarding such Materials (but not including Your Submissions which are governed by Sections 4.b and 4.c herein), and to the extent there is a conflict, those licenses or terms of use take precedence over these Terms, and you agree to be bound accordingly.

b. Use at Your Own Risk. You understand that the Hosts do not pre-screen Materials, and You agree to assume all risks in Using them. These risks include, but are not limited to, errors, viruses, worms, time-limited software that expires without notice, and the possibility that the Materials infringe or misappropriate the intellectual property rights of others. You agree to assume all such risks.

i. Quality of Content. All Materials and Projects, including articles relating to and describing ACES, and the City and the County of Philadelphia, State of Philadelphia, are deemed reliable but not guaranteed. No warranty or promise is made in all Materials or Projects.

c. Don't Blame the Messenger. You understand that Materials may contain the opinions of others and You do not hold the Hosts responsible for such opinions.

d. Copyright Infringement. If You believe that any Materials infringe Your copyrights, please follow the procedure set forth below.

e. Management of Materials and Access. You agree that the Hosts have sole discretion in deciding whether to accept and post Materials, and that they may delete Materials for any reason (including no reason) whatsoever. You understand that access to the Site may be limited for technical reasons, that outages may occur, and that the Hosts have no obligation to store or back up any Materials. You agree that the Hosts have the right to restrict or terminate, in their sole discretion, access to the Site for any reason, including their belief that a User has violated these Terms.

f. Links to Other Sites. You understand that this Site may provide links to other sites or content that is not hosted or managed by the Hosts, and you agree that the Hosts have no control over, responsibility or liability whatsoever relating to any such sites or content, including Your Use of them.

4. THINGS YOU SUBMIT TO THE SITE. This Site offers opportunities for You to contribute Materials to the community on this Site. In addition to the other terms found here, the following terms apply to any Submissions made by You ("Your Submissions").

a. You Take Responsibility for Your Submissions. You warrant that You have all rights needed to provide Your Submissions to the Hosts for posting to the Site in accordance with these Terms and to grant the licenses set forth in sections 4.b. You agree that You will make all reasonable efforts to ensure that Your Submissions: (i) do not infringe, misappropriate or violate the intellectual property rights or privacy interests of others; (ii) are not confidential or trade secret information, or subject to Your privacy interests; (iii) are not inaccurate, harmful, obscene, pornographic, defamatory, racist, or otherwise objectionable to a reasonable User; (iv) do not violate any law, ordinance, or regulation of any country, state or locality. YOU AGREE THAT YOU, AND NOT THE HOSTS, ARE FULLY RESPONSIBLE FOR YOUR SUBMISSIONS AND THAT YOU, AND NOT THE HOSTS, ARE LIABLE FOR ANY AND ALL CLAIMS ARISING OUT OF THEM.

i. Private Projects. With respect to a Project that is designated as "Private," the preceding license is limited to Users who have access to the Project, and such rights may only be sublicensed to other Users with authorized access to the Project.

b. Moral Rights. You agree that with respect to any "moral" or equivalent rights (including, without limitation, rights of attribution, integrity, disclosure, and withdrawal) You hereby: (i) assign such rights to Hosts, (ii) waive such rights and (iii) agree never to assert such rights or to institute or maintain any action against Hosts relative to any such rights in Your Submissions. To the extent that such rights cannot be assigned or waived by operation of law, You grant to Hosts, a royalty-free, perpetual, irrevocable and worldwide license to fully exercise all such rights akin to ownership, with rights to sublicense through multiple levels of sublicensees and further, You consent to Host's use sufficient to allow Hosts to exercise the rights granted herein.

c. Projects May Have Other Contributor Agreements. Some Projects are governed by their own terms regarding Submissions and may require You to sign an agreement (such as a Contributor Agreement) assigning and/or licensing Your rights in Your Submissions. In all such cases, and to the extent there is a conflict, the terms of those Projects' agreements take precedence over these Terms, including without limitation Sections 4b. and 4c.

e. Privacy. You consent to the collection, processing and storage by the Hosts of any personal information provided by You. You agree to comply with all applicable laws and regulations, with respect to any use by You of any personal information in connection with this Site. Notwithstanding anything to the contrary, if you choose to participate in posting or sharing Projects on this Website - whether by submitting photos, information, articles or other material, participating in mailing lists, signing a contributor agreement or sending an e-mail - your participation is public and your privacy cannot be protected to the extent that you provide personal information such as your e-mail address, username or full name. To the extent that you contribute photos, information, articles or other material to this Website containing personal information, the Hosts cannot protect the privacy of such personal information and such material may be provided to others under the Terms of Use, contributor agreement and/or applicable licenses.

5. COMPENSATION FOR MATERIALS OR USE OF IMAGE AND LIKENESS.

a. Use by ACES. By using this Site, Materials or participating with Hosts or Projects, Users grant ACES and its designees the right, without obligation, to use their names, roster names, city and state of residence, occupation, company, voice, pictures and likeness, without compensation, for the purpose of illustrating, publishing and broadcasting and also for the purposes of advertising and publicizing the goods and services of ACES and all matters related to ACES in any manner or medium, throughout the world, in perpetuity, unless prohibited by law.

b. Minors. Users, or their parents or legal guardians if under the age of 18, except where prohibited by law, releases ACES the right to use their names, voices, pictures and likenesses, without compensation, for the purpose of advertising and publicizing the services of ACES and all matters related to the Site.

c. Using this Site. Users expressly disclaim any responsibility for, and You agree to hold ACES and their respective officers, directors, members, employees, agents and assigns harmless against any liability for injury or loss to any person or property relating to participation in the Site or Projects, or the delivery and/or subsequent use or misuse of the Site (including, without limitation, any travel or activity related thereto).

d. Submissions to Site. By submitting Materials and Projects to this Site, Users grant ACES and its designees the right to future use of Materials and the right to republish, rebroadcast or disseminate Materials, without compensation, for the purposes of advertising and publicizing the goods and services of ACES and all matters related to ACES in any manner or medium, throughout the world, in perpetuity, unless prohibited by law.

6. CITING MATERIALS AND FAIR USE.

a. In non-commercial contexts including but not limited to blogs and newsgroups, it is permissible to make limited direct quotes from Site Material and Projects. Generally, the use of a single paragraph, several sentences, or a brief summary of a properly attributed ACES article is considered "fair use" under Copyright Law and does not require advance permission.

b. All Site Material and Projects are registered under a Creative Commons License for Attribution-Noncommercial-Share Alike 3.0 United States. For further details on this License, see our copyright page.

7. MISCELLANEOUS.

a. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL MATERIALS FOUND ON IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE HOSTS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE HOSTS MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATERIALS ON IT.

b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HOSTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR MATERIALS, EVEN IF THE HOSTS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

i. Limitations of Service and Site. ACES does not guarantee uninterrupted or error free operation of this Site. The Hosts will use reasonable efforts to maintain operation of the Site and availability of the Service at all times. If there is a system error, and you notify us of the same, we will try to correct the error. You will not be entitled to any money for any system error of any type.

d. Trademarks. All logos and trademarks contained on this Site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to You by these Terms.

e. Changes to Terms. These Terms may be changed or updated by the Hosts without notice.

f. Governing Law. These Terms are governed by the laws of the State of Delaware and applicable U.S. Federal law without regard to choice of law rules or the United Nations Convention on the International Sale of Goods. With respect to any disputes relating to these Terms, You agree to submit to the personal jurisdiction of the U.S. District Court for the District of Delaware, and the Court of Chancery of the State of Delaware for the County of New Castle and/or the Court of Common Pleas of the State of Delaware for the County of New Castle.

g. General. These Terms constitute the entire agreement between You and the Hosts regarding their subject matter, and supersede any prior versions. No modification to the Terms will be binding, unless authorized by the Hosts in writing. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms.

   

Mission Statement

  • The American Copy Editors Society is a professional organization dedicated to improving the quality of journalism and the working lives of copy editors. Our main purpose is to educate our members and others in ways to raise the standards of editing and increase the standing of copy editors. We've created a community that's made copy editors more visible and given them a more constructive role in their careers. We hope you'll join us in continuing that effort.

California privacy rights

  • (As provided by California Civil Code Section 1798.83) A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right. As stated in our Privacy Policy, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure -- typically by opting in to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personally identifiable information on one of our sites. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information. California customers may request further information about our compliance with this law by e-mailing aces@copydesk.org. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

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