TERMS OF SERVICE
These Terms of Service apply to DailyNewsDigital.com, as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Service appears (collectively, the “Services”). As used herein, “Service Provider” refers to Daily News Digital Solutions (“DNDS”) and any customer of DNDS that provides a link to these Terms of Service from a digital service purchased from DNDS.
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 Service. If there is a conflict between these Terms of Service and any such other terms, these Terms of Service 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 Services is subject to the Terms of Service then in effect. Continued access to the 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 Services.
SERVICES PROVIDED “AS-IS, AS-AVAILABLE”
The materials comprising the Services are provided by the Service Provider 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 Services at your own risk. Service Provider may add features to or remove features from the Services at any time and from time to time in its sole discretion.
The Service Provider assumes no responsibility for any errors or omissions in the materials comprising the Services. The Service Provider makes no commitment to update the information on the Services. No advice or information given by the Service Provider or any other party on the Services shall create any warranty or liability. Further, the Service Provider is not responsible for any content transmitted or posted to the Services by a third party. Any such third party content does not necessarily represent the opinions, beliefs, or positions of the Service Provider. (See below regarding “User Content.”)
The Service Provider periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. The Service Provider shall have no liability for the resulting unavailability of the Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.
The Service Provider makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Services, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The Service Provider 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 Services or accessed via the Services, or that the Services will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall the Service Provider, its advertisers and vendors, their respective 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 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 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 Service Provider or, in the case of content licensed by the Service Provider 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 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 Services become the copyrighted property of the Service Provider, and may be used, reproduced, published, distributed, transmitted, sold, displayed, broadcast or otherwise exploited by the Service Provider. If you violate these Terms of Service, your permission to access the Services terminates and you must immediately destroy any copies you have made of the Content.
The Service Provider does not permit infringement of intellectual property rights on the Services. If you believe that any Content on the Services infringes your copyright or other intellectual-property rights, you may notify the Service Provider 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 Service Provider’s Copyright Agent:
Rachel E. Boschen
Daily News Digital Solutions
4 New York Plaza, 6th Floor
New York, NY 10004
IMPERMISSIBLE USES OF THE SERVICES
You agree not to: (a) systematically retrieve data or other Content from the 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 Service Provider or any other party from the 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 Services are expressly prohibited: (i) any use of the Services, which in Service Provider’s sole judgment, degrades the reliability, speed, or operation of the Services or any portion of the Services or any underlying hardware or software thereof, (ii) any attempt to gain unauthorized access to the Service Provider’s computer systems or networks; and (iii) any use of the Services which is unlawful or in violation of these Terms of Service.
All trademarks, trade names, logos and other intellectual property owned by DNDS are the property of DNDS and cannot be used without the DNDS’s express prior written permission. All other trademarks are property of their respective owners and cannot be used without the owner’s express prior written permission.
The Service Provider may provide users an opportunity to transmit or post text, videos, photographs, images, sound files and/or other content to the Services (collectively, “User Content”) and may provide for the hosting, sharing and/or publishing of such User Content. The Service Provider 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 Service Provider, its advertisers and vendors 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 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 Service Provider, its advertisers and vendors 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 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 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 Service Provider, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of the Service Provider publishing such User Content. The Service Provider does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, the Service Provider 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 Service Provider in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to firstname.lastname@example.org, and any promise by DNDS to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by a Vice President of DNDS.
You agree to indemnify the Service Provider, its advertisers and vendors, their respective 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 Services, your transmission or posting of User Content, your unauthorized use of material obtained from the 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 Service Provider 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 Service Provider’s defense of such matter.
By transmitting or posting User Content, you grant the Service Provider, its advertisers and vendors 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 Services, in connection with the businesses of the Service Provider, its advertisers and vendors (and all of their successors), in connection with promoting and redistributing part or all of the 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 Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Service.
USER ACCOUNTS AND PASSWORDS
To use certain optional features and functions of the 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 Service Provider, 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 Service Provider 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 Service Provider determines that you have posted or transmitted infringing User Content more than once.
You may be able to use the 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 Service Provider or the applicable vendor 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 Service Provider or its vendor may provide information regarding your Payment Method and user account to a third-party processor (the “Payment Processor”). The Service Provider and its vendors make 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 Service Provider and its vendors are not responsible for any production or shipment delays beyond its control, including fire, accident, acts of God, strike, carrier delays, power, or system failure.
Only the direct seller of the goods or services purchased (the “Merchant”) has responsibility for the goods or services purchased. Service Provider makes no warranty as to the quality, safety, usability or any other aspect of the goods or services purchased from Merchants. You assume all responsibility for your actions in utilizing any goods or services purchased.
Product offerings by Service Provider and its vendors and advertisers are subject to change at any time. All products have specific terms and conditions which govern the use and purchaser’s rights with regard to each specific product or service. Please contact your sales representative for the latest information or email@example.com.
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 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 Service Provider 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 Service Provider with respect to the subject matter hereof and supersedes any other agreements, written or oral.
Last updated: September 14, 2012