The Magazine of Corporate Responsibility

Terms of Use

  • 1. GENERAL RULES AND DEFINITIONS
    • 1.1. If you choose to use Business Ethics Magazine, or any of the features of this site, including but not limited to RSS, API (the “Service”), you will be agreeing to abide by all of the terms and conditions of these Terms of Use between you and New Mountain Media LLC, the owner of Business Ethics and its affiliated website, www.business-ethics.com (hereinafter collectively referred to as “NMM”)
    • 1.2. NMM may change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Site and by continuing to use this Site, you agree to any changes.
    • 1.3. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY SENDING E-MAIL TO: TERMSOFUSE@BUSINESS-ETHICS.COM. (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
    • 1.4. NMM may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. NMM may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
  • 2. NMM CONTENT
    • 2.1. The content of the Site is intended for your personal, noncommercial use. All materials published on NMM (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled or licensed by NMM, Business Ethics, www.business-ethics.com or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
    • 2.2. The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Use), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
    • 2.3. You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from editorial@business-ethics.com, or the copyright holder identified in the copyright notice contained in the Content.
    • 2.4. You may not copy, reproduce, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Site or Service or any content thereon, except as permitted in Section 2.3. Without limiting the generality of the foregoing, you may not distribute any part of this Site or any content thereon over any network, including without limitation, a local area network, or sell or offer it for sale. In addition, these files shall not be used to construct any kind of database. You may, however, from time to time excerpt and use materials set forth on this Site consistent with the principles of “fair use” doctrine, which will consider the following factors:
      • a. The purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody);
      • b. The nature of the copyrighted work (i.e. factual or newsworthy vs. creative works);
      • c. The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution Content used for no more than to convey the point made);
      • d. The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed n any event).
  • 3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS
    • 3.1. In order to make our comments useful and interesting, the following guidelines have been established for comment users:
      • a. Do not upload to, or distribute or otherwise publish on to the Service any threatening, harassing, libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
      • b. Do not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
      • c. Do not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service. Like any community, the online conversation flourishes only when our Members feel welcome and safe.
      • d. Do not intentionally make false or misleading statements.
      • e. Do not offer to sell or buy any product or service.
      • f. Do not post material that infringes copyright.
      • g. Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
      • h. Keep all comments relevant to the particular www.business-ethics.com Site where the comment is being posted.
      • i. NMM will not accept responsibility for information posted in the Comments.
      • j. In a community full of opinions and preferences, people always disagree. NMM encourages active discussions and welcomes heated debate on the Service. But personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of access to all or part of the Service.

      Please note that once you post a comment to one of our sites, it becomes part of the public conversation. Our policy is that we will not remove a user’s comments unless we deem them to be in violation of our Terms of Use. So if you want to say something that you will later regret personally, it is advisable that you consider your post before submitting it. We cannot remove your comments simply because you have a change of heart about making them.

    • 3.2. Additionally, it is our policy not to delete comment accounts.
    • 3.3. However, NMM reserves the right to remove comments entirely at its discretion, including for alleged violations of Terms of Use or legal rights.
    • 3.4. NMM is not responsible for the content of user comments. If a third party complains that your comment violates our Terms of Use or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you to the situation. We will protect your contact information as described in our privacy policy, but may be compelled to turn it over pursuant to legal process.
    • 3.5. The Service shall be used only in a noncommercial manner. You shall not, without the express approval of NMM, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
    • 3.6. You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by NMM and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Service may also be included in our RSS feeds, APIs and made available for republishing through other formats.
    • 3.7. You grant NMM a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for NMM or any third party NMM designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to business-ethics.com or any other Web site owned by NMM, including any Submission posted on NMM through a third party.
    • 3.8. You are solely responsible for the content of your Submissions. However, while NMM does not and cannot review every Submission and is not responsible for the content of these messages, NMM reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
    • 3.9. By making a Submission, you are consenting to its display on the site and for related online and offline promotional uses.
  • 4. ACCESS AND AVAILABILITY OF SERVICE AND LINK
    • 4.1. The Site contains links to other related World Wide Web Internet sites, resources, and sponsors of www.business-ethics.com. Since NMM is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
  • 5. REPRESENTATIONS AND WARRANTIES
    • 5.1. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless NMM, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Use or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. NMM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
    • 5.2. NMM does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
  • 6. LEGALLY COMPELLED DISCLOSURES
    • 6.1. You agree that in the event NMM or Business Ethics receives a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, user name, name, IP location or other information in response thereto.
  • 7. REGISTRATION AND SECURITY
    • 7.1. As part of the registration process, you will select a password and a Member ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a Member ID of another person with the intent to impersonate that person; (ii) use a Member ID in which another person has rights without such person’s authorization; or (iii) use a Member ID that business-ethics.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of NMM.
    • 7.2. You shall notify privacy@business-ethics.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
    • 7.3. You must be 13 years or older to subscribe to all parts of the Service.
    • 7.4. You are responsible for all usage or activity on your NMM account, including use of the account by any third party authorized by you to use your Member ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at www.business-ethics.com’s sole discretion, and NMM may refer you to appropriate law enforcement agencies.
  • 8. FEES AND PAYMENTS
    • 8.1. NMM reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time NMM requires a fee for portions of the Service that are now free (e.g., a domestic subscription fee), NMM will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the Site Help area of our Member Center and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by NMM or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
  • 9. COMMUNICATIONS BETWEEN NMM AND MEMBERS
    • 9.1. NMM reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
    • 9.2. NMM reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information please read the Privacy Policy of business-ethics.com.
  • 10. TERMINATION
    • 10.1. You may terminate your account at any time by sending e-mail to: termsofuse@business-ethics.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.
    • 10.2. NMM may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms of Use.
  • 11. MISCELLANEOUS
    • 11.1. These Terms of Use have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in New York City.
    • 11.2. Notwithstanding any of the foregoing, nothing in these Terms of Use will serve to preempt the promises made in The Privacy Policy.
    • 11.3. Correspondence should be sent to termsofuse@business-ethics.com.
    • 11.4. You agree to report any copyright violations of the Terms of Use to NMM as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained on the Site, please notify as indicated below:
      • 11.4.1. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/.
      • 11.4.2. To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us, please contact editorial@business-ethics.com to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers!
      • 11.4.3. To enable us to address your concerns, please provide the following information:
        • a. For each allegedly infringing image, video or piece of text that you wish to have removed from the Site, provide the exact permanent URL for the page containing the material.
        • b. Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
        • c. For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image: Proof of copyright in the image concerned, namely proof of registration of the Image under the DMCA, OR, absent such registration,
        • d. a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
        • e. Evidence to support your claim that you own the copyright in the image.
        • f. We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
        • g. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
        • h. Sign the document and fax it to: 212-202-3561, Attn: New Mountain Media LLC Legal or DMCA Complaint, OR email it to:editorial@business-ethics.com.
      • 11.4.4. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on the Site is infringing your copyrights.

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