These terms of service (this “Agreement”) constitute a legal agreement between you and The 19th News, a Texas nonprofit corporation.
Any reference to “The 19th News” in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. The words “we,” “us,” “our,” and any other variation thereof refer to The 19th News. As used in this Agreement, the term “Site” includes all websites that we operate or offer that link to this Agreement, pages within each such website, any equivalent, mirror, replacement, substitute, or backup website, and pages that are associated with each such website. The 19th News provides various tools and functions through the Site that allow Users (defined below) to obtain or share information, among other things. The term “Service” includes the Site and any other features, content, websites, mobile applications, software, services or applications offered from time to time by The 19th News in connection with the Site.
- Binding Agreement. This Agreement constitutes a binding agreement between you and The 19th News, whether you are a Visitor, a Registered User, or a Member (each as defined below). “You” and “Users” shall mean all visitors to the Service. “Users” includes Visitors, Registered Users, and Members. You accept this Agreement each time you access the Service. If you do not accept this Agreement, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service. Whether you are a Visitor, a Registered User, or a Member, you are only authorized to use the Service (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it.
- Additional Terms. You may be notified that in order to participate in certain aspects of the Service, you are required to agree to additional terms and conditions.
- Types of Users. If you create an account on the Service, which is necessary if you wish to participate in the comments features on the Service or otherwise contribute content to the Service, then you become a “Registered User.” If you are simply a visitor to the Service and have not become a Registered User, then you are referred to herein as a “Visitor,” and by using or accessing those elements of the Service to which you have access, you are bound by the terms of this Agreement. If you make a financial contribution to The 19th News via the Service, for purposes of this Agreement, you become a “Member.” You can be both a Member and either a Visitor or a Registered User.
- Modifications. The 19th News may modify the terms of this Agreement from time to time without prior notice to you other than by posting the revised Agreement. Any such modification shall be effective immediately upon being posted on the Service. This Agreement will identify the date of last update. Your use of the Service after a revised version of this Agreement has been posted by The 19th News on the Service constitutes your binding acceptance of such revised Agreement. In the case of material changes to this Agreement, The 19th News will make reasonable efforts to notify you of the change, such as through sending an email to any email address we may have on file for you, through a notification on the Service, or through other similar mechanism. Material changes to this Agreement will be effective upon the earlier of (a) your first use of the Service with actual notice of such change, or (b) 30 days from posting of such change. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement in place at the time the dispute arose. We encourage you to review this Agreement frequently to stay informed of the latest modifications.
- Eligibility. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Service for lawful purposes. Use of the Service is void where prohibited. By using the Service, you represent and warrant that your use of the Service does not violate any applicable law or regulation. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (a) are an authorized representative of that Subscribing Entity with the authority to bind such entity to this Agreement and (b) agree to be bound by this Agreement on behalf of such Subscribing Entity. You acknowledge that The 19th News may refuse to allow you to access the Service, and may restrict, modify, or terminate your access to the Service, without liability, for our convenience, for any reason, including if you violate this Agreement or any law, rule, or regulation, or if your participation could violate any applicable law, rule, or regulation.
- Registered User Accounts.
- Password and Account Information. To become a Registered User, you must create an account by providing a valid email address, username, password, and other information as prompted by the registration form. You alone are responsible for maintaining the confidentiality of any password and are fully responsible for all activities that occur through the use of your credentials, including any loss or damage arising from unauthorized use of your credentials. You agree not to use the account, username, or password of another Registered User at any time or to disclose your password to any third party. You agree to notify The 19th News immediately if you believe the confidentiality of your login credentials have been compromised or if you suspect any unauthorized use of your account or access to your password. You agree to promptly notify us of any change in your address (mail or primary email, to the extent provided to us) or personal profile by updating your personal information in the Registered User profile section of the Service. Your continued failure to notify The 19th News of any address (mail or primary email) or profile changes may result in the termination of your Registered User account. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Registered User profiles without notice, and engaging in such activities on any Service may result in termination of your Registered User account. Selling or otherwise transferring your Registered User account is prohibited.
- Additional Registered User Eligibility Conditions. You may not become a Registered User if doing so is prohibited by applicable law. By becoming a Registered User, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) establishing a Registered User account does not violate any applicable law or regulation; and (iv) you are not a Registered User under another name (in other words, you are limited to one Registered User account). You acknowledge that The 19th News may refuse to enroll you as a Registered User and may restrict, modify, or terminate your Registered User account, without liability, for our convenience, if you violate this Agreement or any law, rule, or regulation, or if your participation could violate any applicable law, rule, or regulation. We reserve the right to reject any username or to terminate your username and give such username to another user of the Service in our sole discretion and without any liability to you.
- Consequences of Inactivity. The 19th News reserves the right to cancel or disable Registered User accounts and terminate Registered User accounts that are inactive for a period of 180 days or more without notice. “Inactive” shall be defined as failure to log into the Service for a period of 180 days.
- Linked Accounts and Social Networking Sites. The 19th News may, now or in the future, allow you to link your Registered User account(s) on the Service to your accounts on third-party services or to register and log in using sign-on functionality provided by third-party services, such as social networking sites like Facebook (“Linked Accounts”). If you link your Registered User account on the Service to a Linked Account or register and log in using a Linked Account, you are authorizing The 19th News to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests, or “likes” of the Linked Account, and/or pushing updates regarding your use of the Service out to your Linked Accounts. Linking, accessing, or using a third-party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third-party terms.
- Member Contributions. If you wish to make a financial contribution to The 19th News via the Service, you must provide your name, a valid email address, and your payment details on the applicable form.You may not make a financial contribution to The 19th News if doing so is prohibited by applicable law. By becoming a Member, you represent and warrant that all information you submit is truthful and accurate and that making a donation to The 19th News does not violate any applicable law or regulation. You agree that: (a) you will not use an expired, overdrawn, unauthorized, or otherwise invalid payment instrument; (b) you authorize your donation to be remitted to The 19th News; (c) all donations are made as unrestricted gifts and may not be specified for any particular purpose; (d) designated donation and payment amounts will be charged to payment instrument you provide; and (e) all contributions are final and non-refundable. You acknowledge that The 19th News may refuse to accept your donation without liability, for our convenience, if you violate this Agreement or any law, rule, or regulation, or if your contribution could violate any applicable law, rule, or regulation. Each membership term shall automatically renew for subsequent periods of the same length as the initial term unless either party gives the other written or electronic notice.
- Content Ownership and Use.
- Our Content. The Service contains content of The 19th News or our licensors (“Our Content” and, collectively with User Content (defined below), the “Content”). Our Content is protected by copyright, trademark, patent, trade secret, and other laws, and The 19th News (or our licensors) owns and retains all rights in Our Content and the Service. The 19th News hereby grants you a non-exclusive, non-sublicensable, nontransferable, revocable, limited license to reproduce and display Our Content.
- User Content. The Service may now or in the future allow you and other users to submit, post, and share content such as text, comments, photos, audiovisual content, and other media content (“User Content”). The 19th News does not claim any ownership rights in User Content, but if you choose to provide any User Content to The 19th News, we require a license to such User Content. After you post User Content to the Service, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By displaying or publishing (“posting”) any User Content on or through the Service, you hereby grant to The 19th News a perpetual, non-exclusive, fully paid, royalty-free, fully sublicensable, transferable, irrevocable worldwide license to use, modify, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute such User Content (in whole or in part). Without the foregoing license, The 19th News would be unable to provide the Service. For example, without the right to modify User Content, The 19th News would not be able to digitally compress uploaded files that Registered Users submit or otherwise format User Content to satisfy technical requirements, and without the right to publicly perform User Content, The 19th News could not allow Users to access content posted by Registered Users. The license you grant to The 19th News is non-exclusive (meaning you are free to license your User Content to anyone else in addition to The 19th News), fully paid, and royalty-free (meaning that The 19th News is not required to pay you for the use on the Service of the User Content that you post), sublicensable (so that The 19th News is able to use our affiliates and subcontractors such as internet content delivery networks to provide the Service and to allow our Users to use the Service), transferable (meaning that we may transfer it to a third party), irrevocable (meaning that you may not revoke or rescind such license for any reason, even if you cease to be a Registered User), and worldwide (because the internet is and the Service may be global in reach). You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person or entity. If you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to upload or transmit to or through the Service, then you must not upload the User Content to or through the Service. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you to or through the Service.
- No Obligation to Publish. The 19th News makes no representations that we will publish or make available any Content on the Service, and we reserve the right, in our sole discretion, to reject or remove any Content (including private messages) at any time with or without notice. Without limiting the generality of the preceding sentence, The 19th News complies with the Digital Millennium Copyright Act and will remove Content upon receipt of a compliant takedown notice. (See the section titled “Intellectual Property Policy,” below.)
- Monitoring User Content; Removal of Content. Despite the prohibitions contained herein, the Service may contain inaccurate, inappropriate, offensive, or sexually explicit material, products, or services. We expressly disclaim any responsibility or liability for this material and make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information transmitted via the Service. The 19th News assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time The 19th News chooses, in our sole discretion, to monitor the Service, The 19th News nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Registered User(s) or third party submitting any such Content. Content is not necessarily reviewed by The 19th News prior to posting and does not necessarily reflect the opinions or policies of The 19th News. You are solely responsible for the User Content that you post on or through the Service, for any material or information that you transmit to other Users, and for your interactions with other Users.You acknowledge that The 19th News may or may not pre-screen User Content, but that The 19th News and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service. Without limiting the foregoing, The 19th News and our designees may, at any time and without prior notice, remove any User Content that in the sole judgment of The 19th News violates this Agreement or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with, the use of any User Content or other Content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Content. You should exercise your independent discretion and judgment before downloading any other User Content. If you become aware of misuse of the Service by any person, please contact The 19th News at [email protected] and reference “Service Abuse” in the subject line.
- Prohibited Content. Please choose carefully the information you post on the Service and that you provide to other Users. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Service. The 19th News reserves the right to investigate and take appropriate legal action against anyone who, in The 19th News’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the Service and terminating each violator’s Registered User account. Prohibited Content includes, but is not limited, to Content that, in the sole discretion of The 19th News: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music, video, photos, or links to pirated files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains commercial advertisements, affiliate links, and other forms of solicitation; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent.
- Use Restrictions. The Service is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The 19th News. Unauthorized use of the Service, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service, is prohibited. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the Service to upload, transmit, or otherwise distribute any content that is unlawful, is defamatory, is libelous, is harassing, is abusive, is fraudulent, is obscene, contains viruses, or is otherwise objectionable as determined by us; (b) upload, transmit, or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (c) prevent others from using the Service; or (d) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The 19th News reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request, and reserves the right to take legal action for any illegal or unauthorized use of the Service.
- Prohibited Activities. The following is a partial list of the kind of activity that is illegal or prohibited on the Service and through your use of the Service. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; unauthorized advertising to, or solicitation of, any User to buy or sell any products or services through the Service; covering or obscuring the banner advertisements on your personal profile page or any page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service; attempting to impersonate another Registered User or person; using the account, username, or password of another Registered User at any time; using any information obtained from the Service in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person; holding yourself out as sponsored by, endorsed by or affiliated with The 19th News; using the Service for making available Content that is harmful to minors or any other person in any way; or using the Service in a manner inconsistent with any and all applicable laws and regulations.
- Financial Matters.
- Fees for Service. You acknowledge that The 19th News reserves the right to charge you a fee for the Service (or aspects thereof) (a “Fee”) and to change our Fees from time to time at our discretion. You are solely responsible for providing us with accurate and complete billing and contact information and for notifying us of any changes to such information. You shall pay us all Fees in full, without setoff. You will be notified of any Fee prior to being charged a Fee.
- Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards. You agree to pay for all products and services that you purchase or donations you make through the Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services or make donations through the Service.
- Taxes and Fees. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
- U.S. Dollars. All monetary transactions on the Service take place in U.S. currency.
- Refunds. All Fees are nonrefundable. All Fees, purchases, and donations are final and nonrefundable, unless The 19th News determines, at our sole discretion, that a refund is appropriate.
- Consent to Receive Commercial E-mail. BY AND AS A CONDITION OF BECOMING A REGISTERED USER OR SUBMITTING YOUR EMAIL ADDRESS, YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM OR ON BEHALF OF THE 19TH NEWS AND OUR PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY THE 19TH NEWS FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. You may change the settings in the Registered User profile section of the Service to discontinue receipt of email, but by doing so, your Registered User account may be terminated. The 19th News reserves the right to send system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages to all Registered Users (“Administrative Messages”). Registered Users cannot unsubscribe from these Administrative Messages while they are a Registered User.
- Electronic Notices. By using the Service, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected]
- Text Messages. By providing us with your mobile telephone number and requesting that we communicate information to you by text message, you consent to receive commercial text messages at that number as requested. While we do not charge a fee for text messages, your wireless service carrier may charge standard messaging, data, and other fees. You are responsible for these charges. You may turn off or unsubscribe from these messages by texting “STOP” in reply to text messages from the Service. You may also be able to change your text message preferences using the Service. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
- Disclaimers Regarding the Service. The 19th News is not responsible for any incorrect or inaccurate Content posted on the Service or in connection with the Service, whether caused by Users of the Service or by any of the equipment or programming associated with or utilized in the Service. The Service may contain links to other websites. The 19th News is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are in no way investigated, monitored, or checked for accuracy or completeness by The 19th News. Inclusion of any linked website on the Service does not imply our approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. The 19th News takes no responsibility for third-party advertisements that are posted on the Service. Your correspondence with or participation in our advertisers’ and partners’ promotions are solely between you and the advertiser or partner and may be subject to terms and conditions. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion, including, without limitation, withdrawal or modification of any offer or promotion. The 19th News is not responsible for the conduct, whether online or offline, of any User of the Service. The 19th News assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, any User communication. The 19th News is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, or software, or failure of any email or players due to technical problems or traffic congestion on the internet or on the Service or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service. The 19th News reserves the right to change or discontinue the Service at any time without notice to you. The 19th News shall not be liable to you or any third party should we exercise our right to change or discontinue the Service.
- Promotional Campaigns. From time to time, The 19th News may offer contests (“Contests”) through the Service, which may be sponsored by The 19th News or a third party (either, the “Contest Sponsor”), but in each case will be administered by The 19th News. Each Contest will be subject to and governed by this Agreement and any other Contest rules that may be applicable to such Contest. The Contest Sponsor reserves the right, in its sole discretion, to suspend, modify, or cancel any Contest.
- Suggestions and Submissions. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) have a perpetual, irrevocable, non-exclusive right in and to any Creative Ideas and shall own exclusive any derivative works based upon your Creative Ideas created by or for us; (b) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- DISCLAIMER OF WARRANTIES. THE 19TH NEWS AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, PARTNERS, AND LICENSORS (“RELEASED PARTIES”) MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. THE RELEASED PARTIES DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE, RETRIEVABLE, OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- LIMITATION ON LIABILITY. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE 19TH NEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM (A) THE PRODUCTS OR YOUR USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING CONTESTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE 19TH NEWS’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- Indemnity. You agree to indemnify and hold the Released Parties, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your use of or reliance on any Content, (b) any Contests or prizes, or (c) your breach of this Agreement. We shall provide notice to you promptly of any such claim, suit, or proceeding. The 19th News reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You may not settle any matter without prior written consent from The 19th News.
- Disputes Among Users. You are solely responsible for your interactions with other Users. The 19th News reserves the right, but has no obligation, to monitor disputes between you and other Users.
- Governing Law; Disputes with The 19th News; Waiver of Jury Trial. This Agreement and the relationship between you and The 19th News shall be governed by the laws of the state of Texas without regard to its conflict of law provisions that would result in the application of the laws of another jurisdiction, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the City of Austin, Texas. The 19th News is the sole determiner in cases of suspected abuse, fraud, or violation of our rules, and any decision we make relating to termination of a Registered User account shall be final and binding. The 19th News reserves the right to exercise any legal remedy to recover damages for a breach or contravention of the terms hereof. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN 1 YEAR AFTER SUCH CLAIM AROSE, OR IT IS FOREVER BARRED.
- Term. This Agreement shall remain in full force and effect while you use the Service (if you are a Visitor) or while you are a Registered User (if you are a Registered User). Even after this Agreement is terminated, the restrictions contained herein will remain in effect. If you are a Registered User, (a) you may terminate your Registered User account at any time, for any reason, by following the instructions found in the account profile area of the Service or by notifying The 19th News at [email protected], and (b) The 19th News may delete your profile and terminate your Registered User account at any time, without warning and without liability of any kind. If you are a Registered User and your account on any Service is terminated for any reason, you may not create a new account on any Service during the six-month period following such termination without our express consent.
- Entire Agreement. This Agreement constitutes the entire agreement between you and The 19th News regarding the Service. In the event of a conflict between this Agreement and any terms presented to you in connection with your utilization of a particular functionality (e.g., contributing content, participation in a Contest, or making a donation), the terms presented at such time shall prevail.
- Severability. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
- Waiver. The failure of The 19th News to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
- Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Assignment. The 19th News may freely transfer or assign this Agreement and any of our rights or obligations hereunder. You may not transfer or assign this Agreement or any of your rights or obligations hereunder without the prior written consent of The 19th News, and any attempt to do so shall be null and void.
- Intellectual Property Policy. The 19th News respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service. The 19th News’s intellectual property policy is to (a) remove material that The 19th News believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (b) remove any User Content posted to the Service by “repeat infringers.” The 19th News considers a “repeat infringer” to be any User that has uploaded User Content to the Service and for whom The 19th News has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. The 19th News has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon The 19th News’s own determination.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for intellectual property owners who believe that material appearing on the internet infringes their rights under U.S. law. If you believe in good faith that materials posted on the Service infringe your intellectual property rights, you (or your agent) may send The 19th News a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow The 19th News to locate the material on the Service;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send The 19th News a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to:
The 19th News
3267 Bee Caves Rd.
Austin, TX 78746
Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA. The foregoing is not intended to provide you with legal advice.
The 19th News
3267 Bee Caves Rd.
Austin, TX 78746