Terms of Use
(effective as of September 8, 2011)
Welcome to web and mobile services that are operated by The Newsweek/Daily Beast Company LLC (“NDB”) (collectively, the “Services”). The following Terms of Use (“Terms”) govern your access to and use of the Services. These terms are a legal contract between you and NDB, and by using the Services, you agree to be bound by this contract, so you should read these Terms carefully before using the Services.
1. Changes to These Terms
We reserve the right to change these Terms or to modify any features of the Services at any time. The current version of the Terms will always be posted on thedailybeast.com. By registering for the Services or continuing to use the Services after the posting of such changes, you agree to be bound by the changes.
2. Privacy Policy
Please review our Privacy Policy, which also governs your use of the Services, to understand our practices regarding the information we collect about you through the Services. The privacy policy is located at http://www.thedailybeast.com/company/privacy-policy.html. By using the Services, you indicate that you understand and consent to the collection, use, and disclosure of your information in accordance with the Privacy Policy.
3.Registration and Security
You may be asked to register in order to perform certain activities when you use the Services. You agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. NDB has the right to suspend or terminate your registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Services, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify NDB if you become aware of any unauthorized use of your password or username or any other breach of security.
4. Use of the Services
You are required to comply with all applicable laws (including intellectual property laws) in connection with your access to and use of the Services, and any other limitations as may be described in any notice from NDB. As a condition of your access and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or inconsistent with these Terms and any other applicable notice.
Except for content you have posted on the Services, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except that you may download, for your own personal use, one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale. In addition, you may not use the Services or any content on the Services to construct any kind of database. If you are interested in obtaining a license to use the Services or NDB’s content, please submit your request to our agent, PARS International Corp., at www.NewsweekDailyBeastReprints.com.
5. Third-Party Content and Links to Third-Party Websites
Some webpages on the Services may contain third-party owned content and links to other websites. NDB has no control over such content and websites, and does not endorse and is not responsible or liable for the content, advertising, products, privacy practices or other materials on or available from the third parties that provide such content and websites.
6. User Submissions
The Services may offer features that allow users to post content and communicate with others. This content may include text, images, photographs, audio, video, or material in any other form (collectively, “User Submissions”). By submitting any User Submission on, to, or through the Services, you understand and agree that:
A.You will not post content that:
1. infringes on the rights (including copyright, trademark, patent and other intellectual property rights and rights of privacy and publicity) of any third party;
2. is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
3. degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
4. contains epithets or other language or material intended to intimidate or to incite violence; or
5. violates any applicable local, state, national, or international law.
B. You must obtain all necessary permission from any individuals identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
C. NDB is not responsible for any content posted by third parties and has no obligation to monitor the content posted. Nevertheless, NDB may monitor or review any User Submission as it chooses and reserves the right to remove, reject, or revise content that it deems inappropriate or otherwise objectionable for any reason whatever without consent.
D. Except with our prior written consent, you may make User Submissions only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in the content you post.
E. You use and/or rely on any information provided by other users at your own risk. NDB is not in any manner endorsing the content of the content that users post and cannot and will not vouch for its reliability.
F. You are giving NDB the worldwide, irrevocable, perpetual, royalty-free, non-exclusive, and fully sublicenseable right and license to display, distribute, reproduce, transmit, publish, perform, translate, edit, adapt, remove, modify, create derivative works from, and otherwise use such User Submissions in whole or in part, including in combination with your name, likeness, or other material, in its sole discretion, including but not limited to on the Services, in any affiliated publications, and in any form, media, or technology now known or later developed, including for promotional and marketing purposes.
7.Intellectual Property
A. The Services (including, but not limited to, text, photographs, graphics, video and audio content) are protected by the copyright laws of the United States and other countries. Except as provided elsewhere in these Terms, all components of the Services (including individual articles, content, and other elements comprising the Services) are also copyrighted works. You must abide by all copyright notices or restrictions contained in the Services.
B. Trademark. All rights in the product names, company names, trade names, logos, product packaging, and designs of NDB, NDB affiliates, or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to NDB or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of NDB, its affiliates, or any third party.
C. Use of Authorized Interface. The Services have been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Services when they are viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Services. Without limiting the provisions of this section, neither you nor any third party shall make use of the contents of the Services in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
D. Copyright Infringement Claims. Just as NDB requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. When we become aware of allegations of copyright infringement in material distributed on the Services, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges. If you believe in good faith that your copyrighted work has been reproduced on the Services without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent, The Newsweek/Daily Beast Company LLC, 555 West 18th Street, Second Floor, New York, NY 10011 or by email to Copyright.Agent [at] newsweekdailybeast.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Services.
8. Subscription Services
A. Subscription Services. Certain Services may be available only through creation of a subscription account and payment of a fee (“Subscription Services”). Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which will not renew automatically unless otherwise disclosed to you when you pay for the Subscription Services. Your NEWSWEEK Magazine print subscription is subject to different terms, which are described on our subscription website.
B.Access Restrictions. You are not authorized to access any Subscription Services unless you have opened a subscription account and paid the appropriate fee, have received access credentials (e.g., a username and password) from us, and are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties. You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party’s use) of the Subscription Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.
C. Age and Billing Authorization. By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorized holder of the credit card.
D. Fees. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes. NDB and/or the particular service provider reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.
E. Mobile Access. Some Subscription Services are accessible only using a particular kind of device, such as an Apple iPad or an Amazon Kindle. You should investigate Subscription Services before you pay for access to them to ensure that they will work with your device because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. Also, certain Subscription Services may not be available for use in every jurisdiction, and we will not refund any fees you paid if the Subscription Services to which you subscribe are not available. For information on compatibility and availability, please visit the applicable provider’s website or contact us at help [at] newsweekdailybeast.com before you subscribe.
F. Suspension or Termination. We may suspend or terminate your access to Subscription Services at any time without notice to you. If we do so, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds. If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.
G. Cancellation. To cancel your subscription to Subscription Services, you must follow the procedures described on the applicable provider’s website. If we do not list cancellation procedures for a particular Subscription Service, you must contact us at help [at] newsweekdailybeast.com. We do not refund or prorate Subscription Services, or any other purchases made through the Services, for any reason. Requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes.
9. Associated Press Materials
The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores, or transmits digital content). By accessing this Web site or digital service, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) the Associated Press will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the right to audit your possible unauthorized commercial use of AP materials or any portion thereof at any time.
10.Indemnification
You agree to indemnify and hold harmless NDB, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to these Terms or your use of the Services. NDB reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
11. Disclaimers
The Services are available “as is.” NDB does not warrant that the Services will be uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies in the news, information, or other materials available through the Services. We do not make any warranties, express or implied, including without limitation, those of non-infringement, merchantability, and fitness for a particular purpose, with respect to the Services or any information or goods that are available or advertised or sold through the Services. We do not provide or authorize the provision of medical, legal, or other professional advice through the Services, and so we disclaim any responsibility for the accuracy or reliability of medical, legal, or other professional information that is contained within the Services; rather than relying on this information, you should seek advice from a qualified professional. We do not make any representations regarding, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material or database displayed, uploaded, or distributed in the Services or available through links in the Services. We reserve the right to correct any errors or omissions in the Services. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses,” or other destructive materials to the Services, we do not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Services or any materials available through the Services, you do so solely at your own risk.
12. Limitation of Liability
NDB, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Services or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term provided in these Terms). Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
13. Miscellaneous
These Terms, including any materials linked from the Terms, are the entire agreement between you and NDB concerning your use of the Services. These Terms supersede any prior agreements (whether oral, written, or electronic) concerning your use of the Services, including agreements with NDB’s affiliates or predecessors-in-interest.
The failure of NDB to enforce any provision(s) of these Terms or respond to a breach by any party shall in no way waive NDB’s right to subsequently enforce any of these Terms or respond to any breaches.
These Terms shall be governed by the laws of the United States and the State of New York, without reference to its choice of law rules, as if entered into by parties located in New York and performed fully therein. You agree that any claim or dispute against NDB arising out of or relating to these Terms or the use of the Services must be brought within one year after such claim or dispute first accrues. You further agree that any such claim or dispute must be brought in a court located in New York County, New York unless agreed upon by all parties, and you agree to submit to the exclusive personal jurisdiction and venue of such courts.
If any portion of these Terms is found to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Nothing contained in these Terms is in derogation of NDB’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by NDB with respect to such use.
NDB shall have the right to assign, transfer, and sublicense these Terms, and its rights and obligations hereunder, to one or more other persons or entities.
These Terms may be terminated by any of the parties for any reason at any time. Sections Four (4) and Six (6) through Thirteen (13) of these Terms shall survive such termination.
14. Questions
If you have any questions about these Terms of Use, please contact us at help [at] newsweekdailybeast.com.
BY CONTINUING TO USE THE SERVICES, YOU AGREE TO ABIDE BY THESE TERMS OF USE.
