PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1.2. By using the Services, you confirm that you accept these Terms and that you agree to comply with them.
1.3. Certain services, features or content may be subject to additional terms and conditions specified by us from time to time. Your use of such services, features or content is subject to those additional terms and conditions, which are incorporated into these Terms by reference.
1.4. If you are under 18 years old, please do not register to use the Services. Any person who registers to use the Services or provides us with their personal information represents that they are 18 years of age or older.
1.5. If you do not agree to these Terms, you must not use the Services.
2. Information About Us
2.1. The Serivces are operated by Byline Media Limited ("Byline", "we", "us" or "our"). Byline is registered in England and Wales under company number 09277212 with its registered office and main trading address at 23 Equity Square, Shacklewell Street, London E2 7EQ.
2.2. Byline is a platform for independent journalism that uses crowdfunding to get the journalist paid, cutting out the need for advertising. For more information please see www.byline.com/about and www.byline.com/faq ("FAQ").
In these terms:
“Journalist” means a journalist using the Byline platform to raise funds;
“Project” mean the project of a Journalist, which may be either a “Column” or an “Exclusive”, as explained in the FAQ;
“Pledge” means the funds which are committed by a Supporter to a Journalists in support of a Project (whether in the form of a one-off or periodic commitment);
“Reward” means anything which a Journalist commits to provide a Supporter in return for a Pledge in addition to fulfilment of the Project;
“Supporter” means a user who pledges funds to support a Project; and
“User” means Journalists, Supporters and all other users of the Services collectively.
5. Changes to These Terms
5.1. We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes, as they are binding on you.
6. Access to the Services
6.1. We do not guarantee that the Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Services without notice. We will not be liable to you if for any reason the Services are unavailable at any time or for any period.
6.2. You are responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
6.3. We reserve the right to refuse access to the Service to anyone for any reason at any time and to reclaim usernames which we consider (in our sole discretion) may violate intellectual property rights, are inactive or may mislead other Users.
7. Registration and Accounts
7.1. To use certain features of the Services you are required to register for an account. You may register for an account on the Services or log in using your Facebook or Twitter login information.
7.2. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account.
7.3. You may never use another person's user account or registration information without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account.
7.6. We reserve the right to disable any account or password, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
7.7. If you know or suspect that anyone other than you knows your password, you must promptly notify us at firstname.lastname@example.org.
8. Liability for Content; Venue only
8.1. For purposes of these Terms, the term “Content” includes, without limitation, articles or other journalistic content (including Journalists’ Projects), written posts, comments, information, data, text, images, videos, audio clips and graphics published or otherwise made available on the Services.
8.2. You acknowledge that we provide a platform for independent journalism. By operating the Services we do not represent or imply that we endorse the Content and we will not be responsible, or liable to any third party, for the Content. In particular, we make no representations, warranties or guarantees (whether express or implied) about the accuracy, quality, safety, morality or legality of the Content, or that the Content is complete, useful, up-to-date or free from errors or omissions. Views expressed on the Services do not necessarily represent our views or values. We cannot confirm that Users are who they claim to be. The Content is not intended to amount to professional advice on which you should rely.
8.3. We are not responsible for the delivery, performance or punctuality of Projects, Rewards or any other commitments or agreements made between Users via the Services. By using the Services, you release Byline from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the Services. For further information see the section headed Limitation of Our Liability below.
8.4. You acknowledge that we are under no obligation to assist, mediate or otherwise become involved in any dispute between Users, or between Users and any third party. In the event of any dispute, such as a Journalist’s alleged failure to comply with the Terms or alleged failure in fulfilment of a Project or provision of a Reward, we may (but are under no obligation to) provide the Journalist’s contact information to the Supporter so that the two parties may resolve their dispute.
9. Acceptable Use Standards
9.1. These standards ("Acceptable Use Standards") apply to all Content submitted by Users. You must comply with the spirit and the letter of the following standards. The standards apply to each part of such Content as well as to its whole.
9.2. Content must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with applicable law in the UK and in any country from which it is posted.
9.3. Content must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any intellectual property right (including copyright, database right or trade mark) of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that it emanates from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9.4. We are under no obligation to oversee, monitor or moderate any interactive service we provide as part of the Services (including comment boards), and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these Terms, whether the service is moderated or not.
Use of Your Content
10.1. We do not claim any ownership rights in the Content published on or submitted to the Services by Users.
10.2. When you publish or submit any Content to the Services you agree to the following terms:
- You grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, transferable licence to use, publicly display, publicly perform, store, modify, add to and reproduce such Content and make it available to third parties.
- You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
- You are solely responsible for any Content you submit. .
- You agree, warrant and represent that all Content submitted to the Services:
- complies with these Terms, in particular the Acceptable Use Standards;
- will be considered non-confidential and non-proprietary;
- does not infringe the contractual, intellectual property, privacy or other rights of any third party; and
- complies with all applicable laws, rules and regulations and any terms and conditions we may publish from time to time.
- You grant us the right to disclose your identity to any third party who is claiming that Content submitted by you constitutes a violation of their rights, including intellectual property rights or of their right to privacy.
- You understand that the technical processing and transmission of Content may involve transmissions over various networks; changes to Content to conform and adapt to technical requirements of connecting networks or devices; and/or transcoding or reformatting of Content.
- We assume no responsibility for the deletion or failure to store any Content or other information submitted by you or other Users. st any unlawful act such as (by way of example only) copyright infringement or computer misuse.
10.3. We may, but have no obligation to, remove Content that we determine in our sole discretion is unsuitable, unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.
11. Licence to Users
11.1. Subject to these Terms and to the extent we are lawfully able to grant such rights, we grant each uUser a non-exclusive, non-sublicensable and non-transferable licence to display locally, download and print one copy of the Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content other than for the purposes of using the Services is expressly prohibited without prior written permission from us.
11.2. Except as expressly provided in these Terms, the Services are for personal and non-commercial use only. You must not use any Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
11.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4. If you deal with any Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
11.5. These Terms do not transfer from us to you any of our or any third party’s intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us.
11.6. The Servies contain Content owned by Byline, which is protected by copyright, trademark, patent and other intellectual property laws and treaties around the world. All such rights are reserved. Other than as provided in these Terms, your use of the Services grants you no right or licence to reproduce or otherwise use any trademarks (registered or unregistered), service marks, graphics and logos belonging to us (including Byline.com and the Byline logo), our licensors or third parties.
12. Payment Terms
Terms Applicable to Supporters
12.1. You hereby authorise us to charge your credit card (or other payment method notified to us) for the agreed amount of your Pledge (on a recurring basis where applicable), together with any payments for reimbursement costs, fees or expenses associated with a Pledge as may be notified to you by Byline or its payment partners.
12.2. If you have elected to make a monthly or other periodic Pledge, you may cancel the Pledge at any time by emailing us at email@example.com or notifying us via the Payment Settings on the Services. Unless you notify us that you wish to cancel a Pledge, the Pledge will continue in force until cancelled by you, and you authorise us (without further notice to you) to collect the full amount of your Pledge using any payment card or other payment method we have on record for you.
12.3. To the extent that your agreed Pledge is conditional upon the attainment of a milestone goal (“Milestone”) as part of an Exclusive Project, payment will only be collected upon the attainment of the relevant Milestone.
12.4. Byline and its payment partners may authorize or reserve a charge on your credit card (or other payment method) for any amount up to the full amount of your Pledge, at any time between the making of the Pledge and the collection of funds.
12.5. Responsibility for fulfilling Projects and Rewards lies entirely with the Journalist, and Supporters make Pledges entirely at their own risk. Byline does not hold funds on behalf of Journalists and does not offer refunds or credits for payments made to Journalists. We do not represent that Pledges will be used as described by a Journalist and Byline will not be responsible for the failure by a Journalist to meet any commitments in relation to Projects or Rewards or for the misuse of Pledges by Journalists.
Terms Applicable to Journalists
12.6. Byline and its payment partners will deduct their fees and commissions before transmitting the proceeds of a Pledge to you. Our standard rate of commission is 15% of the gross amount of the Pledge.
12.7. Details of applicable credit card or other payment processing fees are available on request by emailing us at firstname.lastname@example.org. Payment processing services are provided by Stripe, Inc. (“Stripe”), and are subject to Stripe’s Terms of Service as in force from time to time, details of which can be found at https://stripe.com/us/terms (and which incorporated in these Terms by reference).
12.8. Payment processing costs are dependent on a range of factors. In particular, international payments and certain payment methods may give rise to higher payment processing costs. We will not liable to you in the event that the proceeds of a Pledge that you receive are lower than you anticipated on account of payment processing costs.
12.9. You may cancel and refund a Supporter’s Pledge at any time. If you do, you have no further obligation to that specific Supporter, and no agreement exists between you.
12.10. Some Pledges cannot be collected (for instance, when a Supporter’s credit card expires before a Pledge has been paid in full, and they do not provide updated payment information). In such circumstances we cannot guarantee that the amount of the Pledge you receive will be exactly equal to the full amount pledged minus fees and commission.
12.11. We do not make any guarantees with respect to the timing of receipt of funds, which may be subject to payment processing or other delays. Do not take any actions in reliance on the receipt of funds until you are in receipt of cleared funds.
12.12. Journalists' Obligations
12.13. Journalists hereby warrant and undertake that their Projects comply with the Acceptable Use Standards, and in particular will not infringe the intellectual property rights of any third party or any other rights of whatsoever nature.
12.14. Journalists are legally bound to, and shall use their best endeavours to, perform any promise and/or commitment to Supporters, including delivering or performing Projects and Rewards. If a Journalist is unable to perform any promise or commitment to a Supporter, the Journalist will work with the Supporter to reach a mutually satisfactory resolution, which may include the Journalist issuing a refund of a Supporter’s Pledge.
12.15. Journalists must inform us of any actual or potential conflict of interest arising from any Project.
12.16. No association, agency, joint venture, partnership or employer-employee relationship between a Journalist and Byline is created or implied by virtue of their use of the Services. Journalists confirm for the purposes of all applicable laws (including tax laws), that they are self-employed, in business in their own right and shall be responsible for all tax liabilities arising in respect of their receipt of Pledges, and shall themselves account to the appropriate authorities anywhere in the world for all taxes (including National Insurance or similar contributions) payable in respect of Pledges. You acknowledge that we may make certain reports to tax authorities regarding transactions in connection with the Services.
12.17. In the event that Byline, or any of its holding, subsidiary, associated or group companies (“Group”) becomes liable to account to any taxing authority anywhere in the world for any income tax, employee national insurance or any other deduction or withholding required to be made by law (including any interest and/or penalties thereon) arising in respect of payments made or to be made to you, YOU UNDERTAKE AND AGREE TO INDEMNIFY AND HOLD HARMLESS BYLINE AND/OR THE GROUP AGAINST SUCH TAX AND NATIONAL INSURANCE AND SHALL, AT THE WRITTEN REQUEST OF BYLINE IMMEDIATELY PAY BYLINE AN AMOUNT EQUAL TO ANY TAX AND NATIONAL INSURANCE PAID OR PAYABLE BY BYLINE OR ANY OTHER GROUP COMPANY TO SUCH TAXING AUTHORITY. Byline shall be entitled to set off an amount equal to any tax and national insurance or any other deduction or withholding paid by Byline or another Group company such taxing authority against any monies otherwise payable to you.
13. Links to Third-Party Websites or Services
13.1. The Services may contain links to third-party websites or services that are not owned or controlled by Byline. Access to or use of third-party sites or services is at each User’s own risk. Such links should not be interpreted as endorsement by us of such linked websites or content.
13.2. Except as otherwise expressly provided in these Terms, Byline is not responsible for any loss or damage of any sort relating to a User’s use of any third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions of any third-party website or service that they visit.
14. Infringement of Intellectual Property Rights
14.1. If you believe that any Content infringes your or any person's intellectual property rights please notify us by email at: email@example.com. We will liaise with the content provider to address your query. Please include the following information in your email:
- Your contact information;
- A description (or copy) of the work that you believe has been infringed;
- The URL where the allegedly infringing Content is located;
- Evidence that you are the owner or an authorised agent of the holder of the intellectual property rights in the work that you believe has been infringed; and
- A physical or electronic signature of the holder of the intellectual property rights in the work that is the subject of your email.
14.2. If you believe that the Content infringes any of your legal rights other than intellectual property rights please notify us by email at: firstname.lastname@example.org. We will liaise with the content provider to address your query. Please include the following information in your email:
- Your contact information;
- Details of your legal rights; and
- Details of how the Content is infringing those rights.
15. Limitation of Our Liability
15.1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
15.2. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SERVICES OR ANY CONTENT, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO ANY USER OF THE SERVICES FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
- USE OF, OR INABILITY TO USE, THE SERVICES; OR
- USE OF OR RELIANCE ON ANY CONTENT,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE RESULTING FROM CONTENT THAT IS LIBELLOUS, DEFAMATORY, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, CONTAINS TECHNICAL INACCURACIES AND OTHER ERRORS, VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, OF THIRD PARTIES, OR THE DOWNLOADING, COPYING OR USE OF WHICH IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS (STATED OR UNSTATED), AND LOSS OR DAMAGE RESULTING FROM DATA LOSS.
15.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
15.5. If you are a business user, please note that in particular, we will not be liable for:
- Loss of profits, sales, business, or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
15.6. If you are a consumer user, please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill or reputation.
15.7. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content on it, or on any website or other content linked on the Services.
16.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, MEMBERS OF OUR GROUP AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE LEGAL EXPENSES, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR CONTENT, VIOLATION OF THESE TERMS, OR INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
THIS MEANS YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE SUFFER AS A RESULT OF ANY SUCH BREACHES.
16.2. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
17.1. We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
17.2. You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Services, the server on which the Services are stored or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and any other relevant information to them. In the event of such a breach, your right to use the Services will cease immediately.
18. Linking to Our Website
18.1. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you.
18.2. The Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page without our express written permission.
18.3. We reserve the right to withdraw linking permission without notice.
18.4. If you wish to make any use of content on the Services other than that set out above, please contact email@example.com.
We may terminate your access to all or any part of our site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, provisions relating to intellectual property rights, warranty disclaimers, indemnity and limitations of liability.
20.1. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
20.2. We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
20.3. If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms.
20.4. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of Byline.
21. Applicable Law
21.1. If you are a consumer, please note that these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
21.2. If you are a business, these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
22. International Use
We make no promise that the Services are appropriate or available for use in locations outside the United Kingdom, and accessing the Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
To contact us, please email firstname.lastname@example.org.
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