May 31, 2010
Welcome to The Digital Shift web site at thedigitalshift.com (“Site”) which is owned by Library Journals LLC, (“LJLLC”) a wholly owned subsidiary of Media Source, Inc. (“MSI”) This Site is operated by LJLLC and materials on the Site are owned, for the most part, by LJLLC. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and LJLLC.
LJLLC reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.
Access and Use
All materials contained in this Site are protected by trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of LJLLC or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Site can be made by contacting LJLLC in writing at:
Media Source, Inc.
123 William St., Suite 802
New York, NY 10038
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
The Site may provide you with the chance to upload or provide messages, photos, videos, clips, ideas, feedback, comments or other content (“Content”). You understand and agree that JLLLC has the right in its sole discretion, but not the obligation, to monitor, edit, and remove any posted Content, and assumes no liability for any such Content. You warrant that you own or otherwise control all of the rights to such Content, that it is accurate, and that its use does not violate these terms and will not injure any person or entity. You further agree not to upload, post or otherwise make available Content that is protected by a third party’s copyright, trademark or other proprietary right without the express permission of the third party owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringements on third party rights resulting from your submission of such Content.
You agree that your uploading and/or transmittal of Content does not violate any of provisions set forth under the “Bulletin Boards and Chat Rooms” section of these terms. If you upload or transmit Content, you grant to LJLLC a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, publish, translate, create derivative works (including products) from, distribute, and display such Content, in whole or in part, throughout the world in all media. You grant to LJLLC the right to use the name that you submit in connection with such Content.
You agree that any Content that you submit shall be considered non-proprietary and non-confidential. LJLLC shall have no obligations of any kind with respect to any Content and shall be free to reproduce, use, disclose and/or distribute any Content for any purpose whatsoever, without limitation. You also agree that LJLLC shall be free to use any ideas, concepts or techniques embodied in the Content for any purpose whatsoever, including, but not limited to, producing, developing and marketing news stories, shows, content of any kind, products or services incorporating such ideas, concepts, or techniques, without attribution. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
Bulletin Boards and Chat Rooms
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively “Messages”) to bulletin boards, chat rooms, blogs, or other public areas within, or in connection with, this Site (collectively “Forums”). However, LJLLC accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 13 are not authorized to post messages or participate in forums on this site.
LJLLC does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by LJLLC prior to posting and do not necessarily reflect the opinions or policies of LJLLC. LJLLC makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, LJLLC reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
LJLLC assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time LJLLC chooses, in its sole discretion, to monitor the Forums, LJLLC nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that LJLLC accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store, or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
- are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law
- violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to LJLLC that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner
- improperly assume or claim the identity, characteristics or qualifications of another person
- are for purposes of spamming
- contain any virus or other harmful component
- are libelous, or an invasion of privacy or publicity rights or any other third party rights
- or are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of LJLLC and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as LJLLC sees fit.
You agree to release LJLLC, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
LJLLC offers free headlines for personal, non-commercial use via Really Simple Syndication (“RSS”). RSS is an XML-based format for easily sharing news headlines and summaries for use in your favorite news readers and Web logs (blogs). The feeds include links back to the Site for the full article, and they update automatically.
To use RSS, you will need a special RSS news reader or aggregator that will allow you to collect and display the RSS content. LJLLC does not provide the required news reader or aggregator. There are many different news readers available, many for free. Most news readers are applications that you download and install. Others are web-based services you sign up for that work inside your browser.
LJLLC reserves the right to cease offering any or all of the RSS feeds at any time or to require you to cease distributing any or all of the feeds at any time for any reason. LJLLC assumes no liability for your activities in connection with the RSS feeds or for your use of the feeds in connection with your website.
LJLLC’s podcasting service (“Podcasting Service”) consists of free news and information audio files (“Podcast Content”) that may be downloaded to your computer and then transferred to your MP3 player or other such device.
You may only use the Podcasting Service with platforms which provide a functional link that, when accessed, takes the user directly to the podcast feed on the Site. The Podcast Content may be used only in a manner which allows linking or redirection to or delivery of the applicable page on the Site. You may not insert any intermediate page, splash page or any other content between the podcast link and the applicable page on the Site. LJLLC retains all ownership and other rights in the Podcast Content and in any and all LJLLC logos and trademarks used in connection with the Podcasting Service. If applicable, you must provide attribution to the appropriate page on the Site in connection with your use of the Podcasting Service, and, if you use a graphic in the attribution, you must use the appropriate LJLLC logo incorporated into the Podcast Content.
LJLLC reserves the right to cease offering any or all of the Podcasting Service or Podcast Content at any time or to require you to cease any and all use of the Podcasting Service or Podcast Content at any time for any reason. LJLLC assumes no liability for your activities in connection with the Podcasting Service or for your use of the Podcast Content in connection with your website, computer, MP3 player, or any other device.
LJLLC does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. LJLLC’s policy is to simply delete any such submission without reading it or forwarding it to other LJLLC staff. Therefore, any similarity between an unsolicited submission and any elements in any LJLLC creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to LJLLC via this Site, however, these submissions become the property of LJLLC and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as LJLLC sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against LJLLC, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Linked Sites and Advertising
If you are interested in creating hypertext links to this Site, you must contact Legal Department of LJLLC at 123 William St., Suite 802, New York, NY 10038 or email email@example.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or LJLLC, including its respective employees, agents, directors, officers and shareholders.
If LJLLC has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that LJLLC is connected with, operates or controls these web sites.
LJLLC takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
Disclaimer of Liability and Warranties
While LJLLC does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that LJLLC DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that LJLLC and third party content providers, their parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that LJLLC is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that LJLLC and third party content providers are not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
With respect to any Content provided by users or other submissions, LJLLC is merely a distributor of such Content. LJLLC is not responsible for any Content submitted by users or other third parties, including their opinions, judgments, advice, statements, services or other information provided. LJLLC shall not be liable for any loss or damage caused by any reliance upon such information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any Content.
You agree to defend, indemnify and hold harmless LJLLC, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
LJLLC reserves the right to immediately terminate your use of, or access to, this Site at any time if LJLLC decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that LJLLC considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site infringes your copyright, you should notify LJLLC of your copyright infringement claim in accordance with the following procedure.
LJLLC will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent:
123 William St., Suite 802
New York, NY 10038
Telephone: (646) 380 -0747
Fax: (646) 380-0756
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of the State of New York without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of New York or, if appropriate, the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.