Terms of Use
This website or mobile application is one of several sites and mobile applications owned and operated by The Washington Newspaper Publishing Co. LLC d/b/a MediaDC, its subsidiaries, affiliates and related companies (“MediaDC,” “we” or “us”). These Terms of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use our sites (including washingtonexaminer.com, weeklystandard.com, redalertpolitics.com, other sites accessible via subdomains, and mobile versions of any of these sites) (collectively, the “Sites”) or our mobile applications (including the Washington Examiner, Red Alert Politics, and the Weekly Standard) (collectively, the “Mobile Applications”). The Mobile Applications and Sites are defined collectively as our “Digital Services.”
To the extent rules or guidelines affecting your use of these Digital Services are found elsewhere in our Digital Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using any of our Digital Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of our Digital Services.
Description of Service
Our Digital Services feature a wide array of news, information, audio, video, photos, interactive data features, User Content (as defined below), and more (collectively “Content”). To the extent new Content, services, or features are added to our Digital Services in the future, the use thereof is subject to these Terms of Use.
Online Stores
Our Digital Services may provide access to online stores or other areas where you may purchase products or services. Those areas, including payment processing, are operated on behalf of MediaDC by third parties, and may be subject to the Terms of Use and/or Privacy Policies of those parties.
MediaDC is not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites, or outside of our Digital Services. Please review any terms and conditions that may apply if and when you visit these online stores or other areas operated by third parties.
In-App Purchases & Subscriptions
Our Mobile Applications may be downloaded free of charge, however, certain Content may only be available to registered users or those with a valid subscription to one of our print publications. Our Mobile Applications may allow you to subscribe to Content through an “in-app purchase” at the cost indicated in the Mobile Application. If you choose to subscribe using the in-app purchase, the operator of the Mobile Application store (such as iTunes) will process your payment, subject to the Terms of Use and Privacy Policies of the processing party. MediaDC is not responsible for purchases made in Mobile Application stores other than those initiated using our Mobile Applications.
Additional Policies and Agreements
Our Privacy Policy describes the information we collect when you and others use our Digital Services, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.
If you sign up to become a contributor to one of our Digital Services, to enter a promotion, or to use a special feature or password-protected area of our Digital Services, you may be asked to agree to special terms. In such cases, you will be asked to expressly consent to the special terms. If any of the special terms are different than these Terms of Use, the special terms will supplement or amend these Terms of Use, but only with respect to the matters governed by the special terms.
Modifications and Interruptions to the Digital Services
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites and Services
Our Digital Services may include links to other sites, mobile application stores, or services on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site or service.
Please note, these Terms of Use apply exclusively between you and MediaDC, and not to you and any third party. Your use of third-party sites is subject to the terms of use and privacy policies of each site, and we encourage our users to review the terms of use and privacy policies of third-parties' sites.
Your Representations
As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Digital Services and accessing the Content under the laws of the United States or other country.
Ownership of User Content
TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIADC, ITS RELATED ENTITIES, ITS CONTENT AND SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “MEDIADC PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MEDIADC PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE MEDIADC PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. FURTHER, IF YOU HAVE PURCHASED ANY OF OUR DIGITAL SERVICES FROM THE APPLE APPSTORE, IN THE EVENT OF ANY FAILURE OF OUR DIGITAL SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE TO YOU. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR DIGITAL SERVICES, AND ANY OTHER CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSE ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE DEALT WITH BY US IN ACCORDANCE WITH THESE TERMS.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY MEDIADC PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE MEDIADC PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold the MediaDC Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of a Digital Service in a manner not permitted by MediaDC, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Digital Services using your computer, mobile device or account.
Registration on our Digital Services
Certain features of our Digital Services may require you to register by providing your personal information, such as your name, e-mail address, and/or other information. For example, a Digital Service may contain portions that are only available to paid subscribers. You may also wish to register on our Digital Services to receive one or more of our e-mail newsletters. You may start or stop your receipt of these email newsletters at any time via the links in every newsletter. You may also wish to register to post comments on our Digital Services, which may require the creation of a particular account, or you may wish to log in using one of the social media accounts listed in the comments section of one of our Digital Services. Any comments you may post on our Digital Services are subject to these Terms of Use, including the prohibitions on certain Content as described below.
If you wish to register on any of our Digital Services, you agree to provide accurate information about yourself as required by the applicable registration form, and you further agree that you will update such data to keep it accurate, current and complete. We reserve the right to suspend or terminate your use of our Digital Services if we discover, or if we have a reasonable basis to believe, that any of the data you have provided is inaccurate, incomplete or untrue. If you register on any of our Digital Services, you may not share your log-in details (e.g., username and password) with any other person or authorize any other person to log-in with your account. You are responsible for maintaining the confidentiality of your log-in details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account or any other suspected breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your log-in data.
User-Submitted Content and User Conduct
Any Content uploaded, posted, submitted, or otherwise made available by individual users of our Digital Services, including without limitation submissions by contributors, comments to articles, or other content which does not originate with a MediaDC Party (“User Content”), is the sole responsibility of the person who made such User Content available on the Digital Service. Under no circumstances will any MediaDC Party be liable in any way for any User Content made available through any of our Digital Services. Because we do not necessarily pre-screen or review the User Content posted on our Digital Services, we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing any of our Digital Services, you may encounter Content that you may consider to be obscene, improper, or otherwise objectionable. We have no responsibility for any User Content, including without limitation any errors or omissions therein. The MediaDC Parties are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available on our Digital Services, whether by any MediaDC Parties, individual users of our Digital Services, or our third party contractors or licensors.
You agree that you will not use any of our Digital Services to transmit or make available any Content that:
- violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
- infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
- contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual;
- you know or have reason to know is false, misleading, or fraudulent;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- employs any techniques to disguise the origin of the Content submitted;
- contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
- incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
- contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Digital Services to:
- engage in any conduct which might be harmful to any individual;
- impersonate or misrepresent your affiliation with any person or entity;
- engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
- engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with or disrupting our Digital Services, or servers or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on our Digital Services. You agree that our exercise of such discretion will not convert or transform User Content to Content owned or provided by MediaDC, and the user who made such User Content available on a Digital Service will retain ownership thereof as described below.