PLEASE READ THESE TERMS & CONDITIONS CAREFULLY
BEFORE USING THIS SITE.
LAST UPDATED: FEBRUARY 11, 2008
As used herein, "Site" refers to theweekdaily.com and other
sites on the World Wide Web originating in the United
States which are owned and/or operated by The Week
Publications, Inc. and Felix Dennis (collectively "The
Week"). By using this Site, you indicate your acceptance of
these Terms & Conditions. If you do not agree to these
Terms & Conditions, you have no right or license to
access this Site and you should not do so.
DThe Week reserves the right, in its sole discretion, to
change, modify or otherwise update these Terms &
Conditions at any time, or to impose new conditions,
including, but not limited to, adding fees and charges for
use. Such changes, modifications, updates or additions
shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to,
posting on this Site, or by electronic or conventional
mail, or by any other means by which you obtain notice
thereof. Your use of this Site after such notice shall be
deemed to constitute your acceptance of such changes,
modifications, updates or additions.
The Week may change, suspend or discontinue any aspect of
this Site at any time, including the availability of any
feature or content. The Week may also impose limits on
certain features and services or restrict your access to
parts or all of this Site without notice or liability.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS,
TRADEMARKS AND RESTRICTIONS
All materials published on this Site (including but not
limited to articles, photographs, images, illustrations,
audio clips and video clips) are protected by copyrights
which are owned and controlled by The Week or the party
credited as the provider of the material. The entire
contents of theweekdaily.com are also copyrighted as a
collective work under the United States copyright laws, and
the selection, coordination, arrangement and enhancement of
such content are protected by copyright. You shall abide by
all copyright notices and other restrictions contained in
any material accessed through this Site. No material from
this Site may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, except that
you may download one copy of the materials on any single
computer for your personal, noncommercial home use, and may
print one hard copy of the material on this Site for your
personal, noncommercial use, provided you keep intact all
copyright and other proprietary notices. You acknowledge
that you do not acquire any ownership rights by downloading
or printing copyrighted material. Modification of the
materials or use of the materials for any purpose other
than personal, noncommercial use is a violation of the
respective owners' copyrights and other proprietary rights.
The use of any such material on any other Web site or
networked computer environment is prohibited.
All trademarks, service marks, and trade names are
proprietary to The Week or the other designated owner of a
posted mark. Elements of this Site are protected by trade
dress and other laws and may not be copied or imitated in
whole or in part.
SUBMISSIONS AND PUBLIC FORUMS
This Site includes chat areas, message boards, e-mail and other interactive functions ("Forums") which allow feedback and submissions to The Week and real-time interaction between guests. Only registered guests who have expressly indicated their agreement to these Terms & Conditions may use any of these Forums. Registration consists of identifying oneself, giving a screen name and password, and expressly indicating by means of clicking on an applicable box or boxes the guest's acceptance of these Terms & Conditions. Registration is subject to The Week's prior approval and your continued compliance with the terms of these Terms & Conditions. The Week reserves the right to refuse participation to any applicant or participant at any time in our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by The Week (including by e-mail). You are solely responsible for keeping your e-mail address and other contact information updated.
Terms & Conditions directly applicable to use of such
Forums include the following:
1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials, whether publicly posted or privately transmitted, that you submit to any of the Forums ("Submitted Content"), are your sole responsibility. This means that you, and not The Week, are entirely responsible for all Submitted Content that you upload, post, e-mail or otherwise transmit via the Forums.
2. The Week does not endorse or control the Submitted
Content delivered to this Site, and The Week has no
obligation to monitor such Submitted Content. As such, The
Week does not guarantee the accuracy, integrity or quality
of any such Submitted Content. However, The Week reserves
the right (but not the obligation) in its sole discretion
to edit, refuse to post or to delete any Submitted Content,
in whole or in part, that is in violation of these Terms
& Conditions or that it deems to be objectionable or
unacceptable for any reason whatsoever.
3. The Week further reserves the right at all times to
preserve any Submitted Content or to disclose any Submitted
Content as necessary to satisfy any law, regulation or
governmental request or any good faith belief that such
preservation or disclosure is necessary to (a) comply with
legal process; (b) enforce these Terms & Conditions;
(c) respond to claims that any Submitted Content violates
the rights of third-parties; or (d) protect the rights,
property, or personal safety of The Week, its guests and
the public.
4. You understand that by using this Site, including its
Forums, you may be exposed to Submitted Content that is
offensive, indecent or objectionable. Under no
circumstances will The Week be liable in any way for any
Submitted Content, including, but not limited to, for any
errors or omissions in any Submitted Content, or for any
loss or damage of any kind incurred as a result of the use
of any Submitted Content posted, emailed or otherwise
transmitted via this Site, including its Forums.
5. You understand that the comments of others displayed in
connection with your Submitted Content as used herein
("Third Party Comments"), may be disparaging, defamatory,
embarrassing, or otherwise be of an unfavorable nature and
may expose you to public ridicule, humiliation or
condemnation. The Week expressly disclaims any liability
for any Third Party Comments. You acknowledge and agree
that The Week shall have the right (a) to include any Third
Party Comments on the Site and in any and all forms of
advertising, promotion, and publicity for the Site and/or
the Submitted Content, and (b) to broadcast and otherwise
exploit the Submitted Content with or without Third Party
Comments in any manner, and in any media, whether now
existing or hereafter developed.
6. By registering, accepting these Terms & Conditions, and uploading Submitted Content, you represent and warrant to The Week the following: (a) you are at least 18 years of age, (b) all of the information provided by you to The Week to enroll and participate in the Forums is correct and current; (c) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the Submitted Content to enter into this Agreement and to grant the rights granted herein; (d) you are the creator of the Submitted Content you upload to this Site (or are specifically authorized to upload the Submitted Content by the copyright holder), and did not take any of its elements from a source such as another Web site, publication, recording, film, or video; (e) you have made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the Submitted Content; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms & Conditions.
7. It is a condition of your access and use of this Site
that you do not:
a. Restrict or inhibit any other guest from using and
enjoying this Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not
limited to, an employee or representative of The Week, or
falsely state or otherwise misrepresent your affiliation
with a person or entity;
d. Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Submitted Content
transmitted by means of this Site;
e. Upload, post, e-mail or otherwise distribute, publish or
transmit on this Site any Submitted Content that you do not
have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
f. Upload, post, e-mail or otherwise distribute, publish or
transmit on this Site any unlawful, harmful, threatening,
abusive, harassing, invasive of another's privacy,
libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including
without limitation any transmission constituting or
encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
any local, state, national or foreign law;
g. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any Submitted Content that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally identifying information about persons under age 18;
h. Upload, post, e-mail or otherwise distribute, publish or
transmit on this Site any information, software or other
material which violates or infringes upon the rights of
others, including material which is an invasion of privacy
or publicity rights or which is protected by patent,
copyright, trademark, trade secret or other proprietary
right, or derivative works with respect thereto, without
first obtaining permission from the owner or right
holder;
i. Upload, post, e-mail or otherwise distribute, publish or
transmit on this Site any information, software or other
material which contains a virus or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment, or any other harmful
component; or
j. Upload, post, e-mail or otherwise distribute, publish or
transmit on this Site or in any way exploit any
information, software or other material for commercial
purposes or which contains any form of solicitation
(including, but not limited to, "junk mail," "spam," "chain
letters," and "pyramid schemes"), advertising, promotion,
marketing for goods or services, or any form of lottery,
sweepstakes, or gambling;
k. Disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other guests of this Site are able to
type, or otherwise act in a manner that negatively affects
other guests' ability to engage in real time exchanges;
l. Interfere with or disrupt this Site or servers or
networks serving this Site, or disobey any requirements,
procedures, policies or regulations of networks connected
to this Site;
m. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
n. "Stalk" or otherwise harass another; or
n. "Stalk" or otherwise harass another; or
o. Collect or store personal data about other guests.
8. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to The Week a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You further grant The Week a non-exclusive, worldwide, royalty-free license to use your name in connection with the Submitted Content, and to use the Submitted Content for advertising and promotional purposes.
9. You warrant that any materials you upload, post, e-mail
or otherwise distribute, publish or transmit on this Site
contains nothing that will give rise to civil liability or
otherwise violate any local, state, national or foreign
law, including nothing that is harmful, threatening,
abusive, harassing, invasive of another's privacy or
publicity rights, defamatory, obscene, vulgar,
pornographic, profane or indecent, or that constitutes an
infringement of anyone's patent, copyright, trademark,
trade secret or other proprietary right, or derivative
rights with respect thereto.
PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this Site is governed by
the terms and conditions of the sales transaction with the
provider of the product. THE WEEK MAKES NO WARRANTY AS TO
THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Week does not have any
responsibility for the processing or delivery of products
purchased from this Site.
LINKED SITES
theweekdaily.com may contain links and pointers to Internet
sites maintained by others ("Third Party Sites"). The
appearance of a link does not imply The Week' endorsement.
The Week has not reviewed all of the Third Party Sites
linked to this Site and is not responsible for the contents
of or any products or services offered in such Third Party
Sites. You access them at your sole risk, and you should
direct any concerns regarding any Third Party Site to its
site administrator or Webmaster
JURISDICTIONAL ISSUES
This Site is controlled and operated by The Week from its
headquarters in New York City, New York, United States of
America. The Week makes no representation that materials in
the Site are appropriate or available for use in other
locations. Those who choose to access this Site from other
locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local
laws are applicable.
This agreement shall be governed by, construed and enforced
in accordance with the laws of the State of New York,
without giving effect to any principles of conflicts of
law, except as to any provisions which may be governed by
the laws of the United States, in which case the latter
shall govern. You agree that any action at law or in equity
arising out of or relating to these terms shall be filed
only in the state or federal courts located in New York
City and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating
any such action.
ENFORCEABILITY AND TERMINATION OF
AGREEMENT
If any provision of this agreement shall be unlawful, void,
or for any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining
provisions. These Terms & Conditions, together with any
other terms, conditions or policies set forth elsewhere in
this Site, constitute the entire agreement between you and
The Week in connection with your access and use of this
Site.
The Week may, in its sole discretion, terminate or suspend
your access to all or part of this Site for any reason,
including, without limitation, failure to comply with any
of these Terms & Conditions. Upon termination, you must
destroy all materials obtained from this Site and all
copies thereof, whether made under the terms of this
agreement or otherwise. In the event of termination, you
are no longer authorized to access or use this Site, and
the restrictions imposed on you with respect to materials
downloaded from this Site and the disclaimers and
limitations of liabilities set forth in this agreement
shall survive.
DISCLAIMER
Your access to and use of this Site is at your sole risk.
If you are dissatisfied with any of the materials contained
in this Site, or with any of these Terms & Conditions,
your sole and exclusive remedy is to discontinue accessing
and using this Site.
THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WEEK AND ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH
WHICH IT IS LINKED. THE WEEK DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR
RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR
ADVICE PROVIDED IN OR FROM THIS SITE. THE WEEK DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
NO LIABILITY
To the fullest extent permitted by applicable law, The Week
and all officers, directors, owners, employees, agents,
information providers, affiliates, licensors and licensees
(all of the foregoing, collectively, the "Indemnified
Parties") shall in no event be liable for any claims,
charges, demands, damages, liabilities, losses, or expenses
of whatever nature and howsoever arising, including without
limitation any compensatory, incidental, direct, indirect,
special, punitive, or consequential damages, loss of use,
loss of data, loss caused by a computer or electronic
virus, loss of income or profit, loss of or damage to
property, claims of third parties, or other losses of any
kind or character, even if The Week or the Indemnified
Parties have been advised of the possibility of such
damages or losses, arising out of or in connection with the
use of this Site or any Web site with which it is linked.
You assume total responsibility for establishing such
procedures for data backup and virus checking as you
consider necessary.
You hereby agree to indemnify, defend and hold harmless The
Week and the Indemnified Parties from and against any and
all claims, charges, demands, damages, liabilities, losses,
and expenses of whatever nature and howsoever arising
(including but not limited to any legal or other
professional fees and the costs of defending or prosecuting
any claim and any loss of profit, goodwill, and any other
direct or consequential loss) incurred or suffered by The
Week and the Indemnified Parties, directly or indirectly,
by reason of any act or omission which you commit in breach
of these Terms & Conditions (including but not limited
to your obligations, representations and warranties
contained herein) and any other terms and conditions or
policies set forth elsewhere in this Site. You shall
cooperate as fully as reasonably required in the defense of
any claim. The Week reserves the right, at its own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion
and for any reason, The Week may edit, refuse to post or to
delete any Submitted Content that you post, in whole or in
part, and may terminate or suspend your access to all or
part of this Site, that you have granted (or warranted that
the owner of such rights has expressly granted) to The Week
a royalty-free, nonexclusive, perpetual and irrevocable
right and license to use, reproduce, modify, publish and
distribute any Submitted Content that you post, such
materials or incorporate such materials into any form or
technology now known or later developed, and that you have
waived any moral rights you may have in such Submitted
Content, you hereby agree that if you unsuccessfully
prosecute a claim against The Week and/or any of the
Indemnified Parties that arises from its exercise of its
rights to edit, refuse to post or to delete any Submitted
Content that you post, to terminate or suspend your access
to all or part of this Site, to use its royalty-free,
nonexclusive, perpetual and irrevocable right and license
to use, reproduce, modify, publish and distribute any
Submitted Content that you post, or seeking to recover for
violation of your moral rights, you agree to reimburse The
Week and/or the Indemnified Parties for all costs of
defending any such claim, including but not limited to any
legal or other professional fees).
REGISTRATION/SUBSCRIPTION
As part of the registration process, you will select a
password and a subscriber ID. You also have to give us
certain registration information, including a valid e-mail
address, all of which must be accurate and updated:
a. YYou may not (i) select or use a subscriber ID of
another person with the intent to impersonate that person;
(ii) use a subscriber ID in which another person has rights
without such person's authorization; or (iii) use a
subscriber ID that The Week, in its sole discretion, deems
offensive. Failure to comply with the foregoing shall
constitute a breach of this Agreement, which may result in
immediate termination of your account.
b. You shall be responsible for maintaining the confidentiality of your password,
which you will not have to reveal to any representative or
agent of Dennis.
c. You shall notify The Week at online_feedback@theweekdaily.com
of any known or suspected unauthorized use(s) of your
account, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your
password or credit card information.
d. You may share your password and subscriber ID with
others, but you are responsible for all usage or activity
on your theweekdaily.com account, including use of the
account by any third party authorized by you to use your
subscriber ID and password. Any fraudulent, abusive, or
otherwise illegal activity may be grounds for termination
of your account, at The Week's sole discretion, and The
Week may refer you to appropriate law enforcement
agencies.
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this
Site, including any files or images incorporated in or
generated by the software, and data accompanying the
software (collectively, the "Software"), is the copyrighted
work of the indicated author of the Software ("Author").
Use of the Software is governed by the terms of the end
user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). A guest
to this Site will be unable to install any Software that is
accompanied by or includes a License Agreement, unless he
or she first agrees to the License Agreement terms. The
Author retains full and complete title to the Software
itself and all intellectual property rights therein. You
may not redistribute, sell, decompile, reverse-engineer or
otherwise disassemble the Software. THE WEEK MAKES NO
WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Software from this
Site is further subject to United States export controls.
No software from this Site may be downloaded or otherwise
exported or re-exported into (or to a national or resident
of) any country to which the United States has embargoed
goods. By downloading or using the Software, you represent
and warrant that you are not located in, under the control
of, or a national or resident of any such country.
MINORS
This Site contains material that may not be appropriate for children. If there is a concern by parents that children may visit this Site, The Week recommends using a parental control software package. Some sample parental software packages include: Net Nanny (http://www.netnanny.com), Cyber Patrol (http://www.cyberpatrol.com), Cybersitter (a href="http://www.solidoak.com">http://www.solidoak.com). Please be advised that The Week does not endorse any one parental software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications. Please read the theweekdaily.com Privacy Policy, in particular the Policy for Minors, for more information regarding the collection of personal information from children.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) -
INFRINGEMENT NOTIFICATION
The Week has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If The Week removes material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any guests (including terminating their login and password) and/or block access to the Site of any guests who repeatedly infringe the copyrights of others.
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the copyrighted work that you believe has been infringed.
- Detailed identification of the material you claim infringes this copyrighted work.
- Information reasonably sufficient to permit The Week to
contact you (e-mail address is preferred).
- The statement: "I have a good faith belief that use of
the copyrighted materials described above on the allegedly
infringing web pages is not authorized by the copyright
owner, its agent, or the law. I swear, under penalty of
perjury, that the information in the notification is
accurate and that I am the copyright owner or am authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed."
- Your signature.
Send the Infringement Notification to the following
address:
By email: copyright@theweekdaily.com
By mail:
Director of Legal Affairs
The Week Publications, Inc.
55 West 39th Street, 5th Floor
New York, NY 10018
Tel: (646) 717-9511
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - COUNTER
NOTIFICATION
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the material The Week has removed.
- Your name, address, telephone number, e-mail address, and
a statement that you consent to the jurisdiction of Federal
District Court for the judicial district in which your
address is located (or New York, New York if your address
is outside of the United States), and that you will accept
service of process from the person who provided
notification under subsection (c)(1)(C) or an agent of such
person.
- The statement: "I swear, under penalty of perjury, that I
have a good faith belief that each search result or message
identified above was removed or disabled as a result of a
mistake or misidentification of the material to be removed
or disabled."
- Your signature.
Send the Counter Notification to the following address:
By email: copyright@theweekdaily.com
By mail:
Director of Legal Affairs
The Week Publications, Inc.
55 West 39th Street, 5th Floor
New York, NY 10018
Tel: (646) 717-9511
