Privacy Policy

Tom Joyner Foundation, Inc. Terms of Use

Welcome!

We want TomJoynerFoundation.org to be an exciting, interactive website and in so doing we have adopted the following Terms of Use, which apply to everyone accessing and using TomJoynerFoundation.org.

TomJoynerFoundation.org reserves the right to revise these Terms of Use without advance notice. We will always have a current version of these Terms of Use posted on the site.

We strongly encourage you to read these Terms of Use carefully before accessing or using TomJoynerFoundation.org. Your use of or access to TomJoynerFoundation.org constitutes an agreement to abide by the Terms of Use then in effect.

TomJoynerFoundation.org is owned and operated by the Tom Joyner Foundation, Inc. Whenever we refer to “TomJoynerFoundation.org” or “Service Provider” in this Terms of Use, we are also including the Tom Joyner Foundation, Inc. and any other affiliates, if applicable.

Any questions regarding the specific terms of this Terms of Use should be directed to contactus@TomJoynerFoundation.org.

Interactive Services.

The information, advice, ideas, and opinions (such as scholarship resources, preparing for college, and paying for college) appearing on TomJoynerFoundation.org do not necessarily reflect the views of TomJoynerFoundation.org. TomJoynerFoundation.org does not assume responsibility or accept liability for the content, accuracy, truthfulness or reliability of information, advice, ideas, and opinions appearing on TomJoynerFoundation.org, or for any claims, damages, or losses resulting from the dissemination or use of any information, advice, ideas, and opinions appearing on TomJoynerFoundation.org.

Unless explicitly stated otherwise, any new features that augment or enhance the current Terms of Use shall be part of this Terms of Use. You understand and agree that the Terms of Use is provided “AS-IS” and that TomJoynerFoundation.org assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personal web pages, or personalization settings.

In order to use the Terms of Use, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You specifically agree that TomJoynerFoundation.org is not responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Terms of Use. You specifically agree that TomJoynerFoundation.org is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content, or conduct of any other party, or any infringement of another’s rights, including intellectual property rights. You specifically agree that TomJoynerFoundation.org is not responsible for any content sent using and/or included in the Terms of Use by any third party. Although we are not required to monitor or edit the interactive portions of TomJoynerFoundation.org, we reserve the right to do so and to delete any content provided by a user. TomJoynerFoundation.org is not responsible for any failure or delay in removing inaccurate or harmful content.

TomJoynerFoundation.org expects you to respect the rights and dignity of others. Accordingly, you may not:

  • Harass, intimidate, or threaten another user;
  • Victimize, degrade, or intimidate an individual or group on the basis of race, ethnicity, gender, sexual orientation, religion, age, or disability;
  • Interfere with another user’s rights to privacy (including by harvesting or collecting information about TomJoynerFoundation.org users);
  • Distribute junk or bulk e-mail, chain letter, surveys, contests, lotteries, or any other form of unauthorized solicitation;
  • Post to TomJoynerFoundation.org any material that is defamatory, fraudulent, tortuous, obscene, or indecent;
  • Post to TomJoynerFoundation.org any trademarks, logos, trade secrets, or copyrighted material that you aren’t authorized to post;
  • Post to TomJoynerFoundation.org any virus, worm, Trojan Horse, or any other computer code, file, or program that may or is intended to damage the operation of any hardware, software, or telecommunications equipment;
  • Advertise or offer to sell or buy any goods or services for any non-personal purpose without the approval of TomJoynerFoundation.org; and
  • Impersonate any person or entity, including, but not limited to, a TomJoynerFoundation.org official, forum leader guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or forge headers or otherwise manipulate identifiers in order to disguise the origin of any transmissions through the Terms of Use.

You grant TomJoynerFoundation.org a nonexclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, display, adapt, modify, distribute, promote, and publish any materials that you post to TomJoynerFoundation.org in any manner, place, or media at TomJoynerFoundation.org’s sole discretion, and without any obligation to compensate you or anyone else.

TomJoynerFoundation.org is a general interest site not intended for children under 13 years of age. Persons under 13 years of age are not permitted to register for any TomJoynerFoundation.org service.

Trademarks.

TomJoynerFoundation.org and all marks, titles, logos, characters, and names that we display on TomJoynerFoundation.org are, to the extent applicable, trademarks that are used with permission.

Copyrights.

All content on TomJoynerFoundation.org is protected under copyright law (although TomJoynerFoundation.org makes no representations or warranties and accepts no liability for the content created, reproduced, published or posted by end users in personal web pages). You may download one copy of the content of TomJoynerFoundation.org to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not license, sell, modify, copy, publish, distribute, or display any of the TomJoynerFoundation.org content.

In the event you have a claim of copyright infringement with respect to material that is contained on TomJoynerFoundation.org, please follow the procedures below:

Written notification must be submitted to the following Service Provider:

TomJoynerFoundation.org

Name of Agent Designated to Receive Notification of Claimed Infringement:

Royce West, General Counsel

Full Address of Designated Agent to Which Notification Should be Sent:

Royce West, Esq.
West & Associates L.L.P.
320 South R. L. Thornton Freeway, Suite 300
Dallas, Texas 75203
Telephone Number of Designated Agent: (214) 941-1881
Facsimile Number of Designated Agent: (214) 941-1399
E-mail Address of Designated Agent: royce.w@westllp.com

To be effective, the notification must include the following:

(1)        A 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 accessed 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; and

(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.

Upon receipt of the written notification containing the information as outlined in (1) through (6) above:

Service Provider shall remove or disable access to the material that is alleged to be infringing;

Service Provider shall forward the written notification to such alleged infringer (“Subscriber”); and

Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

Counter Notification:

To be effective, a Counter Notification must be a written communication provided to the Service Provider’s Designated Agent that includes substantially the following:

(1)        A physical or electronic signature of the Subscriber;

(2)        Identification of the material that has 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;

(3)        A statement under penalty of perjury that the Subscriber has 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; and

(4)        The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of the Federal District Court in the Northern District of Texas (Dallas Division), and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in (1) through (4) above:

Service Provider shall promptly provide the complaining party with a copy of the Counter Notification.  Service Provider shall also inform the complaining party that it will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system termination.

TomJoynerFoundation.org may, in its sole discretion, terminate your right to use TomJoynerFoundation.org at any time, and without notice, for any reason, including your violation of any of these Terms of Service or any other policy that TomJoynerFoundation.org posts. TomJoynerFoundation.org also reserves the right to modify or discontinue any services it provides, or any portion thereof, without notice to you and without liability to you. TomJoynerFoundation.org may immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay TomJoynerFoundation.org liquidated damages of Five and No/100 Dollars ($5.00) for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise, you agree to pay TomJoynerFoundation.org’s actual damages, to the extent such actual damages can be reasonably calculated.

International Use.

By choosing to access TomJoynerFoundation.org from any location other than theUnited States, you accept full responsibility for compliance with all local laws. You are also subject toUnited Statesexport controls and are responsible for any violations ofUnited Statesembargoes or other federal rules and regulations restricting exports.

Linking to Third-Party Sites.

TomJoynerFoundation.org may provide you with links to third-party Internet sites.

You assume full responsibility when you choose to follow any links on TomJoynerFoundation.org that lead to third-party sites. TomJoynerFoundation.org takes no responsibility for the content of or for transactions involving third-party sites to which it links. The inclusion of a link to a site does not necessarily imply endorsement of the site by TomJoynerFoundation.org or any association with its operators.

Account Maintenance.

You are responsible for maintaining the confidentiality of your account information and passwords. If you become aware of any unauthorized use of your account or account information, you should notify TomJoynerFoundation.org immediately.

Governing Law.

This Terms of Use shall be governed by and interpreted in accordance with the laws ofTexasand theUnited States of America, without regard to their principles of conflicts of law. Any action to enforce this Terms of Use shall be brought in the federal or state courts located in Dallas, Dallas County, Texas, except as otherwise provided in this Terms of Use.

Enforcement.

Any part of this Terms of Use that is found by a court of competent jurisdiction to be invalid or unenforceable will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of this Terms of Use will remain binding upon the parties.

Customer Agreement.

All materials contained in this site are the copyrighted property of TomJoynerFoundation.org. TomJoynerFoundation.org and all titles, characters, names, and graphics are trademarks of TomJoynerFoundation.org. To reproduce, republish, upload, post, transmit, distribute, or publicly display material from this website, you will need written permission from TomJoynerFoundation.org.  Users may view and download material from this site only for personal, non-commercial home use.

TomJoynerFoundation.org makes no representation that materials in the site are appropriate or available for use outside ofDallas,Texas. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Users agree not to use the site for sale, trade, or other commercial purposes.

Users may not use language that is threatening, abusive, vulgar, discourteous, or criminal. Users also may not post or transmit information or materials that would violate rights of any third party, or which contains a virus or other harmful component. TomJoynerFoundation.org reserves the right to remove or edit messages or material submitted by users.

TomJoynerFoundation.org is not responsible for material submitted to TomJoynerFoundation.org or posted in chat rooms or on bulletin boards by site users. By communicating with TomJoynerFoundation.org, however, users grant TomJoynerFoundation.org permission to use any information, suggestions, ideas, drawings, or concepts communicated for any purpose. TomJoynerFoundation.org has the right to use any material it chooses for commercial, public, or any other purpose without compensation whatsoever.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOMJOYNERFOUNDATION.ORG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOMJOYNERFOUNDATION.ORG DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE, OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES.

Under no circumstances, including but not limited to negligence, will TomJoynerFoundation.org be liable for special or consequential damages that result from the use or inability to use the materials in this site. In no event shall TomJoynerFoundation.org’s liability to a user for any loss, damage, or claim exceed the amount paid by the user for accessing this site. Under no circumstances shall TomJoynerFoundation.org be liable for the injury, damage, or expense arising from any materials contained in any site linked to or from this site.

This Terms of Use is effective until terminated by either party. You may terminate this Terms of Use at any time by discontinuing your use of the TomJoynerFoundation.org site and destroying all materials obtained from it.

IMPORTANT.

YOUR USE OF TOMJOYNERFOUNDATION.ORG, THE CONTENT ON TOMJOYNERFOUNDATION.ORG, AND ANY GOODS OR SERVICES YOU ACQUIRE FROM TOMJOYNERFOUNDATION.ORG ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TOMJOYNERFOUNDATION.ORG DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOMJOYNERFOUNDATION.ORG WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF TOMJOYNERFOUNDATION.ORG HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, TOMJOYNERFOUNDATION.ORG WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE TOMJOYNERFOUNDATION.ORG OR TOMJOYNERFOUNDATION.ORG SERVICES, FROM GOODS ACQUIRED THROUGH TOMJOYNERFOUNDATION.ORG, OR FROM ANY CONTENT POSTED ON TOMJOYNERFOUNDATION.ORG BY TOMJOYNERFOUNDATION.ORG OR ANYONE ELSE.

TOMJOYNERFOUNDATION.ORG MAKES NO WARRANTY THAT:

(1)        THE SERVICE WILL MEET YOUR REQUIREMENTS;

(2)        THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(3)        THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;

(4)        THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND

(5)        ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Entire Terms of Use.

This Terms of Use constitutes the entire agreement between you and TomJoynerFoundation.org with respect to your use of TomJoynerFoundation.org and supersedes all prior or contemporaneous communications and proposals between you and TomJoynerFoundation.org.