TERMS OF SERVICE
These Terms of Service apply to NYDailyNews.com, as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Service appears (collectively, the "Daily News Services"). As used herein, "we," "us" and "our" refers to Daily News, L.P. (the "Daily News").
These Terms of Service apply 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).
These Terms of Service and any other terms that appear on the page from which you were directed to these Terms of Service govern your use of this Daily News Service. If there is a conflict between these Terms of Service and any such other terms, these Terms of Service will control. If you have purchased access to this Daily News Service through a third party (for instance, an online store that sells applications), such third party is not a party to these Terms of Service, and in the event of any conflict between the terms that apply to your purchase of the Daily News Service from such third party and these Terms of Service, such third party terms will control.
These Terms of Service may be modified at any time and from time to time; the date of the most recent revisions will appear on this page, so check back periodically. You agree that your use of the Daily News Services is subject to the Terms of Service then in effect. Continued access to the Daily News Services by you following any modification in the Terms of Service will constitute your acceptance of the Terms of Service as modified. If you do not agree to be bound by all of the terms set forth below, do not use any Daily News Services.
DAILY NEWS SERVICES PROVIDED "AS-IS, AS-AVAILABLE"
The materials comprising the Daily News Services are provided by the Daily News as a service to you for your noncommercial, personal use on an "as-is, as-available" basis. The materials may be used by you for informational purposes only. You acknowledge that you are using the Daily News Services at your own risk. Daily News may add features to or remove features from the Daily News Services at any time and from time to time in its sole discretion.
The Daily News assumes no responsibility for any errors or omissions in the materials comprising the Daily News Services. The Daily News makes no commitment to update the information on the Daily News Services. No advice or information given by the Daily News or any other party on the Daily News Services shall create any warranty or liability. Further, the Daily News is not responsible for any content transmitted or posted to the Daily News Services by a third party. Any such third party content does not necessarily represent the opinions, beliefs, or positions of the Daily News. (See below regarding "User Content.")
The Daily News periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. The Daily News shall have no liability for the resulting unavailability of the Daily News Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.
The Daily News makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Daily News Services, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The Daily News makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, images, graphics, links to other sites and any other items on the Daily News Services or accessed via the Daily News Services, or that the Daily News Services will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall the Daily News, its parents, subsidiaries, affiliates, or any of their respective partners, officers, directors, employees, agents or representatives be liable for any damages whatsoever, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with the Daily News Services, the materials contained herein, or the Internet generally. These disclaimers of warranties and limitations of liability shall apply to the fullest extent permitted by applicable law.
All materials contained in the Daily News Services, including software, text, videos, photographs, images, sound files and other materials (collectively, "Content"), are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of either the Daily News or, in the case of content licensed by the Daily News from third parties, the entity that is credited as the copyright holder of such licensed content. Unauthorized use of Content may violate copyright, trademark and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under these Terms of Service. You may download freely-accessible Content (one copy per page) from the Daily News Services for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from Content. Any third party materials transmitted or posted to the Daily News Services become the copyrighted property of the Daily News, and may be used, reproduced, published, distributed, transmitted, sold, displayed, broadcast or otherwise exploited by the Daily News. If you violate these Terms of Service, your permission to access the Daily News Services terminates and you must immediately destroy any copies you have made of the Content.
The Daily News does not permit infringement of intellectual property rights on the Daily News Services. If you believe that any Content on the Daily News Services infringes your copyright or other intellectual-property rights, you may notify the Daily News by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3), to the Daily News's Copyright Agent:
Cyna J. Alderman
Daily News, L.P.
4 New York Plaza, 6th Floor
New York, NY 10004
By accessing the Daily News Services, including without limitation, any digital service made available by the Daily News, you specifically acknowledge and agree that: (a) 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; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) The Associated Press will not be 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; (d) 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 (e) the Associated Press reserves the right to audit your use of AP materials or any portion thereof at any time.
IMPERMISSIBLE USES OF THE DAILY NEWS SERVICES
You agree not to: (a) systematically retrieve data or other Content from the Daily News Services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise; (b) use any trademarks, tradenames or other intellectual property of the Daily News or any other party from the Daily News Services as metatags on other websites, to disparage any party or in any manner that may damage any goodwill in the intellectual property; (c) collect usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; or (d) delete or revise any material posted by another user. The following activities on the Daily News Services are expressly prohibited: (i) any use of the Daily News Services, which in Daily News's sole judgment, degrades the reliability, speed, or operation of the Daily News Services or any portion of the Daily News Services or any underlying hardware or software thereof, (ii) any attempt to gain unauthorized access to the Daily News's computer systems or networks; and (iii) any use of the Daily News Services which is unlawful or in violation of these Terms of Service.
The Daily News, NYDailyNews and all other trademarks, trade names, logos and other intellectual property owned by the Daily News are the property of the Daily News and cannot be used without the Daily News's express prior written permission.
The Daily News may provide users an opportunity to transmit or post text, videos, photographs, images, sound files and/or other content to the Daily News Services (collectively, "User Content") and may provide for the hosting, sharing and/or publishing of such User Content. The Daily News does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.
You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another's privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Daily News all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Daily News Services such as computer viruses, spyware, spiders, crawlers, data mining tools, bots, worms, bombs, or trojan horses; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person's full name or personal or identifying information without that person's authorization; or (i) violates the law or otherwise violates these Terms of Service.
In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Daily News to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Daily News Services and these Terms of Service; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Daily News Services and these Terms of Service; and (iii) it complies with these Terms of Service.
You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not the Daily News, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of the Daily News publishing such User Content. The Daily News does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, the Daily News shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms of Service or is otherwise objectionable, as determined by the Daily News in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to email@example.com, and any promise by the Daily News to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by a Vice President of Daily News.
You agree to indemnify the Daily News and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your use of the Daily News Services, your transmission or posting of User Content, your unauthorized use of material obtained from the Daily News Services, your breach of these Terms of Service, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. The Daily News reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
By transmitting or posting User Content, you grant the Daily News the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any potion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with the Daily News Services, in connection with the print or online edition of the Daily News or NYDailyNews.com, in connection with the Daily News's (and our successors') business, in connection with promoting and redistributing part or all of the Daily News Services (and derivative works thereof) without additional notice, approval, consent, compensation or attribution. You waive any moral rights you may have in the User Content. You also grant each user of the Daily News Services a non-exclusive license to access your User Content through the Daily News Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Daily News Services and under these Terms of Service.
USER ACCOUNTS AND PASSWORDS
To use certain optional features and functions of the Daily News Services, users may be given the opportunity to create user accounts with passwords. You agree to maintain the confidentiality of your user account information and password(s) and you agree not to use your user account(s) or password(s) for any unauthorized purpose. By creating any user account, you represent, warrant and certify that you are at least thirteen (13) years of age.
You are responsible for actions undertaken by those using your user account(s) and password(s). The Daily News, in its sole discretion, may suspend or terminate your user account(s) for any reason without notice, including but not limited to if you or anyone using your user account(s) or password(s) violates or attempts to violate these Terms of Service.
The Daily News may, in appropriate circumstances, terminate your user account(s), if you are determined to be a repeat infringer. You may be determined to be a repeat infringer if the Daily News determines that you have posted or transmitted infringing User Content more than once.
You may be able to use the Daily News Services to purchase optional goods or services by providing a valid credit card or other payment method (your "Payment Method"). By making such a purchase, you authorize the Daily News to bill your Payment Method. Unless expressly stated otherwise at the time of purchase, all purchases are final and nonrefundable. All currency references are in U.S. dollars.
In order to process your Payment Method, the Daily News may provide information regarding your Payment Method and user account to a third-party processor (the "Payment Processor"). The Daily News makes no representations about any Payment Processor's privacy practices.
If a purchased good or service is subject to shipping, shipping methods and delivery times cannot be guaranteed. You agree that the Daily News is not responsible for any production or shipment delays beyond its control, including fire, accident, acts of God, strike, carrier delays, power, or system failure
All advertising on the Daily News Services is subject to the Online Advertising Terms and Conditions as modified from time to time. All classified advertising placed using the Daily News's online ad placement service is subject to the Terms and Conditions of Use for the online ad placement system. The Online Advertising Terms and Conditions and the Terms and Conditions of Use for classified advertising are part of these Terms of Service and are incorporated herein by reference.
Governing Law, Jurisdiction and Choice of Forum
You agree that any claim, action or proceeding arising out of these Terms of Service, or your use of the Daily News Services, shall be governed by and construed in accordance with the substantive laws of the State of New York and must brought solely in a state or federal court in New York County, New York and any appellate court from any thereof. You unconditionally submit to the exclusive personal jurisdiction of such courts for any such action and waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding.
The failure of the Daily News to exercise or enforce any portion of these Terms of Service shall not constitute a waiver or modification of any such right or position.
The section titles used in the Terms of Service are for convenience of reference only, are not intended to be considered a part hereof, and shall not modify or restrict any of the terms or provisions hereof or be taken into consideration in interpreting or construing the Terms of Service.
If any portion of these Terms of Service is found by a court of competent jurisdiction to be unlawful, void, invalid or otherwise unenforceable, then the court shall endeavor to give effect to the parties' intention as reflected in that portion and the portion shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining portion, which will remain in full force and effect.
These Terms of Service constitute the entire agreement between you and the Daily News with respect to the subject matter hereof and supersedes any other agreements, written or oral.