John S. and James L. Knight Foundation
This John S. and James L.Knight Foundation User Agreement (“Agreement”) is between The John S. and JamesL. Knight Foundation (the “Knight Foundation”) and the person or entity thathas clicked on the “AGREE” box below (“you,” “your” or “yours”). This Agreement describes the terms underwhich you may use this website (“Website”). By clicking on the “AGREE” box you are agreeing to comply with and bebound by all the terms of this Agreement.
The Website contains manyfeatures, including the capacity to: (a)allow submission of proposals by you for funding by the Knight Foundation(“Proposals”); (b) allow you to viewvarious subjects of community and social importance regarding news andinformation for which the Knight Foundation is seeking input and solutions(each, a “Challenge”); (c) allow youto provide your comments, questions and musings regarding each such challenge(collectively, (“Inspiration”); (d)allow you to provide comments, feedback and suggestions regarding Inspirationsposted on the Website by other users (collectively, “Feedback”); and (e) allow you to provide affirmativerecognition of the Inspirations submitted by other users in the form of aposted icon, text or avatar (“Applause”). In order to submit Proposals, Inspiration, Feedback or Applause, youmust first register with the Website and create a personal account (“Account”)by fully and accurately completing the sign up page (https://www.newschallenge.org/signup.html), and providing to the Knight Foundation such fully accurate personal information as the KnightFoundation may reasonably require, including without limitation your name, your email address and other information (collectively,“Personal Information”); you agree to keep all Personal Information updated and correct. Your Account is personal toyou, and you may not share it or allow it to be used by anyone other than you. You are solely responsible to ensure that your Account is used only by you and in a manner consistent with this Agreement. You agree to keep youruser name and password confidential, and not allow any third party to use such user name or password. You hereby agree to indemnify and defend the Knight Foundation from and against any losses or liabilities arising from any disclosure or misuse of your user name or password.
You may use the Website to submit Proposals. By submitting a Proposal you hereby represent to the Knight Foundation that:
A. The Proposal is an original work of yours or your employees or agents.
B. The Proposal does not infringe on the rights of anyone else.
C. You hereby agree to indemnify, defend and hold harmless the Knight Foundation against any losses or liabilities arising from or in connection with any claimof infringement of the rights of others.
D. The Knight Foundation is under no obligation to fund or otherwise have a future relationship with you. If it does choose to have a relationship, the Knight Foundation may suggest various kindsof relationships, including contracts, grants, loans, program-relatedinvestments, or other kinds of investments and relationships, which shall beagreed upon by the parties at that time in writing.
E. Applicants receiving a “Knight News Challenge” award will be subject to the terms and conditions of their corresponding award agreement. Examples of such agreementsfor different types of support include grants can be found here (http://www.knightfoundation.org/knight-news-challenge/sample-grant-agreement/).
III. Challenges,Inspiration, Feedback and Applause.
A. The Knight Foundation may designate and withdraw Challengesas it sees fit, and you have no obligation to review such Challenges or toprovide Inspiration with respect thereto. If you do provide Inspiration, you hereby agree that other users of theWebsite may then provide and post Feedback regarding your Inspiration.
B. You may use the Website to submit Feedback or Applause as toInspiration that was submitted by other users. Your Feedback and Applause will be posted on the Website along with thecorresponding third party Inspiration. You agree that neither you nor any third party has anyexpectation of privacy or confidentiality as to any Feedback or Applause, andthat the Knight Foundation and all other users of the Website may use anddisclose all Feedback and Applause without permission from, or notice orpayment to, you or any third party. Youshall be solely responsible for your own Feedback and Applause, and you herebyrepresent and warrant that you have all necessary rights to allow inclusion anduse of Feedback and Applause on the Website. Your Feedback may include ideas, concepts, suggestions or questions thatyou believe in good faith would be appropriate for the Website and would improvethe corresponding Proposal. You maysubmit as much Feedback as you wish, but the Knight Foundation shall have theright to limit, modify or block your Feedback if your Feedback is using anexcess volume of Knight Foundation information technology resources. The Knight Foundation may delete, removeaccess to or archive Feedback and Applause as it sees fit without permissionfrom, or notice or payment to, you or any third party. The Website also contains a “Report This”link for you and other users to report to Knight any content that you believedoes not conform to this Agreement.
By submitting anyProposal, Inspiration, Feedback or Applause (collectively, “SubmittedMaterials”) to the Knight Foundation, you hereby grant Knight Foundation aworldwide, non-exclusive, royalty-free, paid up, sublicensable, perpetual,irrevocable and transferable license to use, reproduce, distribute, preparederivative works of, display and perform such Submitted Materials in connectionwith the Website and Knight Foundation's (and its successors' and affiliates')businesses, including without limitation for promoting and redistributing partor all of the Website in any media formats and through any media channels. You understand and agree that the KnightFoundation may retain indefinitely copies of Submitted Materials that have beenremoved by the Knight Foundation from the Website.
In connection withSubmitted Materials, you agree that you will not submit material that isillegal, inaccurate, hateful, racist, offensive, vulgar, obscene, disgusting,indecent or objectionable. In connectionwith Submitted Materials, you also agree that you will not submit material thatis copyrighted by, protected by trade secrets of or otherwise subject to theproprietary rights (including without limitation privacy and publicity rights) of, any third party, unless you have permission from that third party to do soand to grant The Knight Foundation all of the license rights grantedherein. You agree that the KnightFoundation shall be the sole arbiter of whether any Submitted Materials are inbreach of any and all of the foregoing obligations. Knight Foundation does notendorse any Submitted Materials or any opinion, recommendation, or adviceexpressed therein, and the Knight Foundation expressly disclaims any and allliability in connection with Submitted Materials. Knight Foundation does not permit copyrightinfringing activities and infringement of intellectual property rights on theWebsite, and the Knight Foundation reserves the right to remove any and allSubmitted Materials without notice.
Any use of the Website through your Account or otherwise must conform to the following:
A. You will not redistributeany part of the Website or any content appearing on or visible through theWebsite, including without limitation Submitted Materials of third parties.
B. You will not change,remove or add to any part of the Website.
C. You agree that your useof the Website shall be for your own personal, non-commercial use.
D. You agree not to use orlaunch any automated system, including without limitation, "robots,""spiders," or other automated programs to access the Website. You will not obtain or attempt to obtain anypersonally identifiable information from any other users or third parties fromthe Website, or use any services available on the Website for commercialpurposes.
E. You agree that the KnightFoundation may add to, delete from or modify the Website at any time withoutnotice.
F. You agree that the contenton the Website (other than Submitted Materials) and the trademarks and servicemarks on the Website are owned by or licensed to the Knight Foundation. There are no implied rights or licenses inthis Agreement.
G. You agree not tocircumvent, disable or otherwise interfere with any security-related featuresof the Website, and you will not impersonate any third party or interfere withany third party’s use of the Website.
H. You understand and agreethat when using the Website you may be exposed to Submitted Materials from avariety of sources, and that the Knight Foundation is not responsible for theaccuracy, content, usefulness, safety, or intellectual property rights of orrelating to such Submitted Materials. You further understand and acknowledge that you may be exposed toSubmitted Materials that are illegal, inaccurate, hateful, racist, offensive,vulgar, obscene, disgusting, indecent or objectionable, and you agree to waive,and hereby do waive, any legal or equitable rights or remedies you have or mayhave against the Knight Foundation with respect thereto. You agree to defend, indemnify and holdharmless the Knight Foundation, its affiliates, officers, directors, employeesand agents, from and against any and all claims, damages, threats, suits,proceedings, losses and liabilities (including attorneys’ fees) arising from orrelated to: (i) your use of andaccess to the Website; (ii) yourviolation of this Agreement; (iii) yourviolation of any third party right, including without limitation any copyright,property or privacy right; or (iv) anyclaim that one of your Submitted Materials caused damage to a third party. Thisdefense and indemnification obligation will survive the expiration ortermination of this Agreement.
VII. Content and Submitted Materials.
A Use. Knight Foundation may terminate your Account and your access to the Website at any time and for anyreason. Knight Foundation also reservesthe right to decide whether Submitted Materials are appropriate and comply withthis Agreement in its sole discretion.
(1) Notices. If you are a copyright owneror an agent thereof and believe that any Submitted Materials on the Websiteinfringe upon your copyrights, you may submit a notification pursuant to theDigital Millennium Copyright Act by providing the Knight Foundation’s CopyrightAgent (identified below) with the following information in writing:
(a) A physical orelectronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrightedworks are covered by a single notification, a representative list of such worksat that site;
(c) Identification of thematerial 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 Knight Foundation to locate the material;
(d) Information reasonably sufficient to permit the Knight Foundation to contact you, such as an address,telephone number or email address;
(e) A statement that you have agood faith belief that use of the material in the manner complained of is notauthorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, thatyou are authorized to act on behalf of the owner of an exclusive right that isallegedly infringed.
(2) Copyright Agent. Knight Foundation's designated CopyrightAgent to receive notifications of claimed infringement is:
web@KnightFoundation.com, fax: (305) 908-2698. Only claimed infringement notifications may be sent to the Copyright Agent.
(3) Counter Notices. If you believethat your Submitted Material that was removed or disabled is not infringing, orthat you have the authorization from the copyright owner, the copyright owner'sagent, or pursuant to the law, to post and use the content in your SubmittedMaterial, you may send a counter-notice containing the following information tothe Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of theSubmitted Material that has been removed or to which access has been disabled and the location at which the Submitted Material appeared before it was removedor disabled;
(c) A statement that you havea good faith belief that the Submitted Material was removed or disabled as aresult of mistake or a misidentification of the Submitted Material; and
(d) Your name, address,telephone number, and e-mail address, a statement that you consent to thejurisdiction of the federal court in Miami, Florida, and a statement that youwill accept service of process from the person who provided notification of the alleged infringement.
VIII. Your Conduct.
You understand and agree that perfect security does not exist anywhere, and you will therefore protectyour Personal Information in a reasonable way at all times. Accordingly, you will not recklessly discloseor publish your Personal Information to those that would reasonably be expected to improperly use or disclose that Personal Information.
The term of this Agreement will continue until terminated by you or the Knight Foundation upon notice tothe other. Knight Foundation may suspendaccess to your Account at any time with or without notice and with or withoutcause.
XI. Limitation ofLiability.
IN NO EVENT SHALL THE KNIGHT FOUNDATION BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVERARISING. IN NO EVENT SHALL THE TOTALLIABILITY OF KNIGHT FOUNDATION UNDER THIS AGREEMENT OR REGARDING THE WEBSITEEXCEED ONE THOUSAND DOLLARS ($1000). Some jurisdictions do not allow certain limitations of damages so theforegoing may not apply to you.
XII. Jurisdictionand Venue.
This Agreement shall besubject to the laws of the State of Florida as apply to contracts entered intoand performed in Florida between Florida residents and without regard toconflicts of laws principles. The State and Federal courts located in Dade County,Florida, shall have sole jurisdiction over any dispute arising hereunder, andthe parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contractsfor the International Sale of Goods is expressly disclaimed.
THE KNIGHT FOUNDATION PROVIDES THE WEBSITE AND ALL GOODS AND SERVICES ON AN “AS IS” BASIS,WITHOUT ANY WARRANTY. THE KNIGHTFOUNDATION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY,ARISING FROM COURSE OF DEAL, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATIONANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE.
Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of the Knight Foundation. Any purported assignment without such permission shall be void. This Agreement may be assigned by the Knight Foundation in whole or in part without notice. Any waiver of any rights of the Knight Foundation under this Agreementmust be in writing, signed by the Knight Foundation, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement isfound to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Website shall at all timescomply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations oragreements with respect thereto. You agree that: (a) the Website shall be deemed solely located in Miami, Florida; and (b)the Website is and shall be deemed a passive website that does not give rise topersonal jurisdiction over the Knight Foundation in any jurisdiction other than Miami, Florida. The parties hereby agree to waive fully and irrevocably their rights to a jury trial regarding any dispute under this Agreement, and further agree that any such dispute shall betried solely by a judge. YOU AND THE KNIGHT FOUNDATION AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF ORRELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OFACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright © 2013
The John S. and James L. Knight Foundation
All Rights Reserved.
If you have any questions or comments about the Knight Foundation orthis Agreement, you may contact the Knight Foundation at:
The John S. and James L. Knight Foundation
200 South Biscayne Boulevard
Miami, FL 33131-2349
Fax: (305) 908-2698
Phone: (305) 908-2600
THE JOHN S. AND JAMES L. KNIGHT FOUNDATION, KNIGHT FOUNDATION, and theKnight Foundation logo are trademarks of The John S. and James L. KnightFoundation, and may not be used without prior written permission.
John S. and James L. KnightFoundation
If you do not agree to the Policy, you should not usethis website (the “Website”). The KnightFoundation may modify the Policy from time to time and post those modificationshere. Your continued use of the Websiteafter any such modification constitutes your acceptance of the modified Policy.
1. Information. Knight Foundation obtains information from and about you in a number of different ways, including:
A. GeneralInformation. Some information (“General Information”) is gathered automatically when you access the Website. This General Information (which includes Website pages visited, type of web browser used, type of operating system, and the domain name of your Internet service provider, and similar information) does not identify you personally.
B. PersonalInformation. Some information that may be identifiable as yours (your “Personal Information”) is not gathered automatically at the Website. If you wish to provide Personal Information, you must do so voluntarily after you register at the Website. The following are some of the kinds of Personal Information the Knight Foundation gathers:
(i) RegistrationInformation. When you register at the Website, you will beasked for certain Personal Information, such as your name, your email address, and other information; and
(ii) Email Information. When you send email messages to the Knight Foundation, the Knight Foundation may retain the content of your email messages, together with your email address and the Knight Foundation’s responseto you.
2. General Use and Disclosure of Information. The KnightFoundation uses and discloses your information as follows:
A. GeneralInformation. Knight Foundation uses and discloses General Information to understand Website demographics and content preferences, and shall do so without notice to, or permission from, you or any third party;
B. PersonalInformation. As further provided in Section 3 (“Other Use andDisclosure of Personal Information”), Knight Foundation uses anddiscloses to the Knight Foundation’s consultants, business partners andaffiliates Personal Information for purposes of administering Knight Foundationbusiness activities, providing customer service and making available otherproducts and services to you and other Knight Foundation customers and prospective customers from Knight Foundation and those consultants, and affiliates. Knight Foundation may also use and disclose Personal Information to notify you about important changes to the Website or the Knight Foundation’s business, new Knight Foundation services and special programs you may find interesting. The Knight Foundation shall protect yourPersonal Information from improper use or disclosure to third parties using areasonable degree of care; and
C. CookieInformation. Knight Foundation uses and discloses Cookie Information to improve the Website andbetter serve you and the Knight Foundation’s other customers, and may do sowithout notice to, or permission from, you or any third party.
3. Other Use and Disclosure of PersonalInformation. Knight Foundation may also use and disclose any of your information when legally compelled to do so, or when Knight Foundation, in good faith, believes that the law requires it or for the protection of the Knight Foundation’s legal rights or those of a third party.
4. Limitation of Liability. IN NO EVENT SHALL THE KNIGHT FOUNDATION BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL ORPUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF KNIGHT FOUNDATION UNDER THISPOLICY OR REGARDING THE WEBSITE EXCEED ONE THOUSAND DOLLARS ($1000). Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.
5. Jurisdiction and Venue. This Policy shall be subject to the laws of the State of Florida as apply to contracts entered into and performed in Florida between Florida residents and without regard to conflicts of laws principles. The State and Federal courts located in Dade County, Florida, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale ofGoods is expressly disclaimed.
6. Disclaimer. THE KNIGHT FOUNDATION PROVIDES THEWEBSITE AND ALL GOODS AND SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY. THE KNIGHT FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OFDEAL, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRDPARTY RIGHTS OR TITLE.
7. General. Neither this Policy, nor any rights hereunder, may be assigned by operation of law orotherwise, in whole or in part, by you without the prior, written permission ofthe Knight Foundation. Any purported assignment without such permission shall be void. This Policy may be assigned by the Knight Foundation in whole or in part without notice. Any waiver of any rights of the Knight Foundation under this Policy mustbe in writing, signed by the Knight Foundation, and any such waiver shall notoperate as a waiver of any future breach of this Policy. In the event any portion of this Policy is found to be illegal or unenforceable, such portion shall be severed from this Policy, and the remaining terms shall be separately enforced. Your use of the Website shall at all times comply with all applicable laws, rules and regulations. This Policy is the entire agreement betweenthe parties with respect to this subject matter, and supersedes any and allprior or contemporaneous or additional communications, negotiations or agreementswith respect thereto. You agree that: (a) the Website shall be deemed solely located in Miami, Florida; and (b)the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over the Knight Foundation in any jurisdiction other than Miami, Florida. The parties hereby agreeto waive fully and irrevocably their rights to a jury trial regarding any dispute under this Policy, and further agree that any such dispute shall betried solely by a judge. YOU AND THE KNIGHT FOUNDATION AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS POLICY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OFACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
TheJohn S. and James L. Knight Foundation
Ifyou have any questions or comments about Knight Foundation or this Policy, youmay contact Knight Foundation at:
The John S. and James L. Knight Foundation
200 South Biscayne Boulevard
Miami, FL 33131-2349
THE JOHN S. AND JAMES L. KNIGHTFOUNDATION, KNIGHT FOUNDATION, the Knight Foundation logo are trademarks of TheJohn S. and James L. Knight Foundation, and may not be used without priorwritten permission.