Terms


Terms of Use

NewTalk is a nonpartisan online discussion forum organized under the auspices of Common Good, a nonprofit and nonpartisan coalition to restore reliability to America’s legal system.

Please carefully review this Terms of Use (sometimes referred to as “Agreement”) before using NewTalk.org. Use of this site and/or registering for a NewTalk account constitutes your agreement to all terms, conditions and policies stated herein. The Terms of Use apply to all users of NewTalk.org, including users who are also contributors of content (such as User Comments), information and other materials or services on this Web site.

NewTalk reserves the right to change the terms of this Agreement and modify or discontinue any features of its services at any time without notice to you, and you agree to be bound by such changes. Any changes to the Terms of Use shall apply as soon as they are posted. By continuing to use NewTalk.org after changes are posted, you are indicating your acceptance of those changes. You agree that NewTalk shall not be liable to you or any third party for any modification, suspension or discontinuance of its terms or services.

NewTalk grants to you a limited personal, non-exclusive and non-transferable right and license to access NewTalk.org and to use the features thereon. Unless otherwise specified in writing, NewTalk.org and its features are exclusively for your personal and non-commercial use.

Content

All content on NewTalk.org is the sole property of NewTalk and may not be reproduced for any commercial purpose without written consent of NewTalk. You agree to use NewTalk.org solely for your own personal and noncommercial use and benefit, and not for resale or other transfer or disposition to any other person or entity. Your use of NewTalk.org also may not in any way infringe or misappropriate the intellectual property rights of any third party.

Experts participating in NewTalk discussions may contribute opinions that do not necessarily reflect those of their organizations. User Comments, which are so marked, reflect the opinions of the author only, and not those opinions of NewTalk or any of the experts participating in NewTalk discussions.

User Registration

You must be a registered user to submit User Comments for NewTalk.org. During registration, we ask you to provide us with certain personal information, such as your name and email address, and to establish a user name and password. Please review our Privacy Policy for more information regarding the use of personal information. By accepting these Terms of Use, you acknowledge this policy.

In registering an account, you represent and warrant:

  • That you are an individual capable of entering into a contract with NewTalk, or, if you are a minor, that you have your parent’s permission to do so;
  • That you will provide us with true, accurate, current and complete information, and that you will update such information as it may change from to time to time;
  • That you will maintain the security of your account, and assume full responsibility for all activities that occur under the account and any other actions taken in connection with it; and
  • That you will notify NewTalk of any unauthorized uses of your account or any other breaches of security.
NewTalk reserves the right to terminate the user’s account and/or refuse or discontinue service to users who are in violation of these terms at any time, without prior notice.

User Comments

User Comments are published at the sole discretion of NewTalk, and we reserve the right to remove or not publish User Comments without prior notice. You understand that whether or not submitted User Comments are published, NewTalk does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own comments and the consequences of posting or publishing them. You hereby represent and warrant that any material(s) contained in any such submitted comment:

  • Are owned by you, or you have the necessary licenses, rights, consents and permissions to use and authorize NewTalk to use the content contained in each such comment. You have the written consent, release, and/or permission of each and every identifiable individual person in the submitted comment to use the name or likeness of each and every such identifiable individual person;
  • Your comment does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay all royalties, fees and other monies owing any person or entity by reason of any content posted by you to or through NewTalk.org;
  • Is not unlawful, obscene, fraudulent, indecent or pornographic; does not defame, abuse, harass or threaten others; does not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; and is not hateful or racially, ethnically or otherwise objectionable;
  • Does not contain any software viruses, Trojan horses, worms, bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
  • Does not advocate or encourage any illegal activity or activity that might give rise to civil liability;
  • Does not contain any advertising, sweepstakes, chain letters or solicitations (including political ones);
  • Does not violate any applicable local, state, national or international law.
You review and rely upon any comment posted in the User Comment section at your own risk. We disclaim any responsibility and all liability for statements in the User Comment section, including without limitation its completeness, accuracy, reliability, usefulness or currency. User Comments reflect the views of their respective authors alone and not those of NewTalk.

You agree that by submitting User Comments to NewTalk, you hereby grant NewTalk a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Comments in connection with NewTalk’s (and its affiliate’s) business, including without limitation for promoting and redistributing part or all of NewTalk.org (and derivative works thereof) in any media formats and through any media channels.

Links

NewTalk.org may contain, or third parties may provide, links to other websites or resources. Because NewTalk has no control over such websites and resources, you acknowledge and agree that NewTalk is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that NewTalk and its affiliates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

Indemnification

You agree to indemnify, defend and hold NewTalk and its affiliates, their respective members, directors, officers, managers, employees, contractors, agents and licensors harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.

NewTalk and its affiliates, and their respective members, directors, officers, managers, employees, contractors, agents and licensors are not liable for any claims, expenses or incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data in any way related to NewTalk.org or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies (including, without limitation, as a result of breach of any warranty or other term of this Agreement).

You hereby irrevocably release NewTalk and its affiliates, and their respective members, directors, officers, managers, employees, contractors, agents and licensors from any and all liability arising out of or relating to User Comments or any part thereof.

Jurisdictional Issues

This Agreement shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles. You hereby irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Copyright Infringement

If you are a copyright owner or agent thereof and believe that content on NewTalk.org infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. ยง 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent can be reached as follows: info@newtalk.org or at Copyright Agent, NewTalk, 477 Madison Ave., 7th Floor, New York, NY 10022.

Warranty Disclaimer

The NewTalk.org service is available “as is.” We do not warrant that this service will be uninterrupted or error-free. We do not make any warranties, express or implied, with respect to this service or any information or goods that are available or advertised or sold through this service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material offered by this service or available through links in this service. We reserve the right to correct any errors or omissions in this service. Although every effort will be made to prevent the introduction of viruses, worms and other destructive materials, we do not guarantee or warrant that this service or materials that may be downloaded from this service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. Use of this service is solely at your own risk.

Date Posted: June 11, 2008

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Theodore Hershberg University of Pennsylvania
Will Okun Chicago Public Schools
Marie Gryphon Center for Legal Policy, Manhattan Institute
Ted Kolderie Education|Evolving
Richard Arum New York University
Lisa Mensah The Aspen Institute Initiative on Financial Security

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