Newsweek.com User Agreement

I.      USER AGREEMENT AND PRIVACY POLICY

Please read this user agreement (effective as of October 15, 2007) before using this service. By continuing to use Newsweek.com, you agree to abide by the conditions of this agreement.  Newsweek, Inc. ("Newsweek") and/or our affiliate, Washingtonpost.Newsweek Interactive Co. ("WPNI")(collectively, "We") may restrict, suspend, or revoke your registration or ability to access or use the Service, or any other Newsweek site, with or without prior notice, if you violate this Agreement.

II.     Newsweek.com  (TM) SERVICE USER AGREEMENT

© 2007 Newsweek, Inc. and Washingtonpost.Newsweek Interactive Co. All Rights Reserved.

1. Welcome to Newsweek.com  ("Service"). By using this Service, you agree to be bound by all of the terms of this Agreement and by the Service Discussion Guidelines. The Service is currently free to all users. Newsweek , a subsidiary of The Washington Post Company, reserves the right to charge for this Service in the future. In such event, we will notify you in advance, and give you an opportunity to subscribe to this Service. We reserve the right to change the terms of this Agreement or to modify any features of this Service at any time. By registering for this Service and/or continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes. The Service is produced by our affiliate, WPNI.

2. You are required to comply with all applicable laws in connection with your access to and use of the Service, and such further limitations as may be set forth in any notice from Newsweek.  As a condition of your access and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or inconsistent with the Agreement.

3. The Service may offer features that allow users to post content on the Service and communicate with others.  This content may include text, images, photographs, audio, video, or material in any other form (collectively, "User Submissions").  By posting, uploading, adding, communicating, storing, or otherwise transmitting User Submissions on, to, or through the Service, you understand and agree that you are giving Newsweek the worldwide, irrevocable, perpetual, royalty-free 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 its sole discretion, including but not limited to on the Service, in any affiliated publications, and for promotional and marketing purposes.  In addition, as part of this Agreement, you represent that you have read and agree to abide by the Newsweek.com (TM) Service Discussion Guidelines.

4. This Service (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as provided elsewhere in this Agreement and the linked Service Discussion Guidelines, all components of the Service (including individual articles, content and other elements comprising this Service) are also copyrighted works. All copyright rights in the Service and its components are owned by Newsweek or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You must abide by all copyright notices or restrictions contained in this Service.

5. (a) Except for content you have posted on the Service, 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 this Service, except that you may download material from this Service for your own personal use as follows: you may make 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 this Service over any network, including a local area network, nor sell or offer it for sale. See our Rights & Permissions section for more information on distribution. In addition, these files may not be used to construct any kind of database.

(b) Newsweek.com has been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Service when it is 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 Service. Without limiting the provisions of the preceding paragraph, neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

(c) All rights in the product names, company names, trade names, logos, product packaging, and designs of all Newsweek, Newsweek affiliate, or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Newsweek 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, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Service confers on you any license or right under any patent or trademark of Newsweek, its affiliates, or any third party.

(d) Just as Newsweek.com requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on the Service without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent, c/o Legal Department, WPNI, PO BOX 17370, Arlington, VA 22201-7370 or to copyrightagent@wpni.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Service. Any personal information you provide in your email will be used only for purposes related to your email.

6. You agree that, if you provide information about yourself in connection with the Service, it will be accurate, current, and complete. You will be responsible for all charges incurred while your account is being used, if any, including charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.

7. You agree to indemnify and hold harmless Newsweek, WPNI and our parents and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or its components (including but not limited to the Service Discussion Guidelines), or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. Newsweek and WPNI reserve the right to take over 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.

8. This Service is available "as is." Newsweek and WPNI do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to or from this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, 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 this Service or available though links in this Service. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.

9. Newsweek and wpni, and our parents and afilliates, 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 this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.

10. Unless otherwise specified herein, the Agreement and the other materials linked herein (e.g., the User Submission Guidelines) constitute the entire agreement between you, Newsweek and WPNI and govern your use of this Service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Newsweek and/or WPNI.  If any portion of this Agreement is held 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.

11. The failure of Newsweek or WPNI to enforce any provision(s) of the Agreement or respond to a breach by any party shall in no way waive either party's right to subsequently enforce any terms or conditions of the Agreement or respond to any breaches.

12. Any information supplied by any employee or agent of Newsweek, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, medical, accounting, or other professional advice.  Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

13. This Agreement shall be governed by the laws of the United States and the Commonwealth of Virginia.

14. (a) You agree that no joint venture, partnership, employment, or agency relationship exists between you and Newsweek and/or WPNI as a result of this Agreement or your access to and use of the Service. 

(b) A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

(c) Nothing contained in this Agreement is in derogation of Newsweek's or WPNI's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Newsweek or WPNI with respect to such use.

(d) Newsweek and WPNI shall each have the right to assign, transfer and sublicense this Agreement, and its rights and obligations hereunder, to one or more other persons or entities.

15. This Agreement may be terminated by any of the parties for any reason at any time. Sections four (4), and six (6) through fourteen (14) of this Agreement shall survive such termination.

BY CONTINUING TO USE NEWSWEEK.COM, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.

© 2007