Terms of Use

BirminghamWatch.org Terms of Use

Introduction and Consent to Terms

Welcome to BirminghamWatch.org, a news service of Alabama Initiative for Independent Journalism, Inc. (AIIJ). Before using this site, please read these Terms of Use and the related Privacy Policy. (http://birminghamwatch.org/privacy-policy/) The terms “BirminghamWatch” and “BirminghamWatch.org” are trade names of AIIJ, and to the extent applicable their use shall be deemed to include or refer to AIIJ.

Access and use of this site constitute an agreement to be bound by the Terms of Use and the Privacy Policy.

You should check the Terms of Use and Privacy Policy regularly for updates. We reserve the right to change these Terms of Use or the Privacy Policy at our discretion at any time, and the changes will take effect immediately after a revised Terms of Use or Privacy Policy is posted.

Site Content Copyright and Use

BirminghamWatch.org content is protected by U.S. and international copyright laws.

You may copy a limited amount of content for personal, non-commercial use if you do not change the content, use the content unlawfully, or use the material in a way that would suggest that BirminghamWatch endorses any cause, idea, product or service.

It is the mission of Alabama Initiative for Independent Journalism, Inc. and BirminghamWatch.org to share important journalism as broadly as possible, including through collaboration with other news organizations. Media outlets are invited to use content from this site with prior written permission of BirminghamWatch.org, with agreement that content will not be changed, and with prominent credit in any published or broadcast report. Permission requests should be sent to editor@birminghamwatch.org.

User Submitted Materials

Users may submit material to the BirminghamWatch.org site by visiting the site; by using features such as Support Us, Send Us A Tip and Contact Us; and through BirminghamWatch.org connections with social networks such as Facebook and Twitter.

The BirminghamWatch.org site expects that content submitted by users will be appropriate for civil adult conversation; will be honest as to the source of the content and the identity of the person submitting; will not be abusive, threatening, unlawful or otherwise violate the rights of others. We reserve the right to screen, refuse, remove or edit user material, but users acknowledge that they alone are responsible for the information and content they share.

You retain the copyright and other ownership rights in materials you submit to this site. However, you agree that by submitting reader-submitted content to us that you grant Alabama Initiative for Independent Journalism, Inc. and BirminghamWatch.org. a non-exclusive, unrestricted, perpetual, royalty-free, worldwide, transferable license to use, copy, modify, transmit, create derivative works from, distribute and/or display such material.

You acknowledge that user materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by our staff and the public.

Links to Third-Party Sites

This site may provide links and pointers to websites maintained by third parties. This does not imply that we sponsor or endorse such sites or their content. AIIJ and BirminghamWatch.org are not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, or services of such sites or for any damage alleged to be caused by use of material on these sites. We do not operate or control any information, products or services provided by third parties to which we link. Please be aware that third party services are subject to the terms and policies of those services.

Representations and Indemnity

This site is not directed to children under age 13 and will not knowingly collect or maintain personal information from children under age 13. If you submit materials to this site, you represent that are over age 13 and that there are no encumbrances or restrictions on the materials submitted or on their use as contemplated by the site and these Terms of Use. You agree that you will indemnify and hold harmless AIIJ , BirminghamWatch.org and their directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from your breach of any of the above representations and warranties, from your use of this site, from the user materials you have submitted through this site or from AIIJ and /or BirminghamWatch.org’s publication, distribution or use of such user materials.

Limitation of Liability

BIRMINGHAMWATCH.ORG, ITS PARENT ALABAMA INITIATIVE FOR INDEPENDENT JOURNALISM, INC. AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AND THIRD-PARTY CONTENT PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE; FROM THE INABILITY TO USE THIS SITE; RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SITE, INCLUDING THIRD PARTY MATERIALS. IN ANY EVENT, ANY CLAIM AGAINST US SHALL BE LIMITED TO $100.

Miscellaneous

These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of AIIJ and BirminghamWatch.org services. They supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these services. These Terms of Use shall be governed by and construed under Alabama law, without regard to its choice of law rules, and where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to AIIJ services shall be litigated in the local or federal courts located in Alabama, and you hereby consent to personal jurisdiction and venue in Alabama. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use.

Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent

Alabama Initiative for Independent Journalism, otherwise known as, BirminghamWatch respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Alabama Initiative for Independent Journalism, otherwise known as, BirminghamWatch Services, please provide the following information in writing to BirminghamWatch’s Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):

    • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
    • a description of the copyrighted work that you claim has been infringed.
    • a description of the material that you claim 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 sufficient to permit us to locate the material.
    • information so that we can contact you, such as address, telephone number and e-mail address.
    • a statement that you have 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.
    • a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to the Alabama Initiative for Independent Journalism, otherwise known as, BirminghamWatch, that were subsequently removed from the Alabama Initiative for Independent Journalism, otherwise known as, BirminghamWatch Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Alabama Initiative for Independent Journalism, otherwise known as, BirminghamWatch’s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

  • your physical or electronic signature.
  • a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Alabama Initiative for Independent Journalism, otherwise known as, BirminghamWatch’s Copyright Agent can be reached as follows:

Carol Nunnelley
Copyright Agent
Alabama Initiative for Independent Journalism, otherwise known as, BirminghamWatch
147 Glenview Drive
Birmingham, AL 35213
Phone: 205-870-9686
Email: cnunnelley@birminghamwatch.org

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the Alabama Initiative for Independent Journalism, otherwise known as, BirminghamWatch’s Services, please contact Alabama Initiative for Independent Journalism, otherwise known as, BirminghamWatch through our contact page.