Last Updated: February 24 2021
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE SERVICES, CONTENT, FEATURES AND FUNCTIONALITY AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE AVAILABLE SERVICES, CONTENT, FEATURES OR FUNCTIONALITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS FOR YOUR RECORDS.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes (as defined below) as further described in this paragraph and in Section 24.2 below. Any controversy, allegation, or claim that arises out of or relates to the Sites, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the foregoing arbitration provisions will remain in force.
1. YOUR ACCESS TO THE SERVICES
1.1 Compliance with Laws. You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Services.
1.2 Internet Access. When using the Services on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.
1.3 Your Device. Punchbowl News is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.
1.4 Account. In order to use most aspects of the Services, you must register for and maintain an active personal user account.
1.5 No Guarantee. Access to the Service may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.
2. Licence Grant
2.1 License. Subject to the terms and conditions of these Terms, Punchbowl News hereby grants you a personal, revocable, limited, non-exclusive, non-sublicensable, non-assignable, non-transferable license to use the Services solely for your personal use on a Device that you own or control. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. We reserve all other rights, which are not granted in these Terms.
2.2 Reserved Rights. Punchbowl News reserves the right to change or discontinue, temporarily or permanently, the Site or Service (or any part thereof) with or without notice at any time. You agree that Punchbowl News, its agents, affiliates, and subsidiaries shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
3. Prohibited Activities
3.1 Children. The Services are not intended for children under the age of 13 and children under 13 should not use the Services.
3.2 Restrictions. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Punchbowl News, or its content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Services, you acknowledge and agree that you will not: (i) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; (ii) access the Services by any means other than through the standard industry-accepted or Punchbowl News-provided interfaces; (iii) post or transmit any material that contains a virus or corrupted data; (iv) delete any author attributions, legal notices, trademarks, or proprietary designations or labels; (v) violate any applicable local, state, national or international law, rule or regulation or use the Services for any purpose that is prohibited by these Terms; (vi) manipulate or otherwise display the Services by using framing or similar navigational technology; (vii) register, subscribe or unsubscribe any party for any Punchbowl News product or service if you are not expressly authorized by such party to do so; (viii) use the Services in any manner that could damage, disable, overburden or impair Punchbowl News’s servers or networks, or interfere with any other user’s use and enjoyment of the Services; (ix) gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Punchbowl News through hacking, password mining or any other means; (x) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services or harvest or otherwise collect information about other users without their consent; and (xi) use the Site in any manner that could damage, disparage, or otherwise negatively impact Punchbowl News or its parent companies, affiliates and/or subsidiaries. In addition, you agree to comply with Punchbowl News’ Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY Punchbowl News TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3.3 Premium Paid Content Available to Registered Users Only. Purchasers of paid content or content that is available only to Premium users are not permitted to share, distribute, sell, or otherwise transfer their account logins and/or password to other individuals or to forward Premium content made available to them. This content is for the Premium user’s sole use. Significant or unusual use of a single password or opens from a single email could result in account suspension. Premium content and content available only to registered users is protected by copyright laws and may not be transmitted (whether by e-mail or otherwise), reproduced, republished, distributed, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of Punchbowl News.
3.4 Investigations. We may, but are not obligated to, monitor or review our Services at any time. If we become aware of any possible violations by you of these Terms we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Services pursuant to Section 23 below.
4. Message Boards, Product Reviews, Chat Rooms, Submissions and Posting Guidelines.
4.1 Message boards, chats and other public forums. Punchbowl News may host message boards, chats, product review mechanisms and other public forums through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Services. These are public forums and any User Content (defined below) that you post through the Services may be seen by anyone on the Internet. Any user will have the ability to edit or delete his/her own User Content after posting. When posting User Content through the Services, you must use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty, and to be fair and informative. You are only permitted to post honest and valuable User Content and you are prohibited from posting rumors or negative opinions that are not supported by facts.
4.2 User Content Restrictions. In addition to the prohibited activities described above, when posting User Content and media through the Services you must not:
- Post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Site;
- Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
- Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
- Post or upload personal information, pictures, videos or any other media of another person without their express permission;
- Delete or revise any material posted by any other person or entity;
- Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, defamatory, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- Post statements or materials that violate applicable law, encourage criminal conduct or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Post statements or materials that in any way harm minors;
- Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Punchbowl News;
- Post statements or materials that misrepresent your affiliation with any entity and/or Punchbowl News;
- Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
- Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
- Post material that in the sole judgment of Punchbowl News is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Site, or which may expose Punchbowl News or its users to harm or liability of any nature; or
- Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Punchbowl News does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.
4.3 Removal. Punchbowl News and its licensors have no obligation whatsoever to monitor any of the User Content on the message boards, chat rooms or other public forums. However, you acknowledge and agree that Punchbowl News reserves the right to monitor the same at its sole discretion. Punchbowl News reserves the right to alter, edit, refuse to post or remove any User Content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect itself, its clients, sponsors, users and visitors. In addition, Punchbowl News reserves the right to contact users to inform them of policies, hide users’ User Content or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms. Any user failing to comply with these Guidelines may be expelled from and refused continued access to the message boards, chats, product reviews, or other public forums in the future.
4.4 Size Limitations. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
4.5 Disclaimer. Punchbowl News expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor is Punchbowl News responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Punchbowl News, or its licensors, affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Punchbowl News, its licensors or any of their subsidiaries or affiliates.
4.6 Solicited Submissions. From time to time, Punchbowl News may invite you to submit to Punchbowl News audio and/or video material for inclusion on the Service and/or other activities promoted by Punchbowl News on the Service, or enter certain contests Punchbowl News may sponsor, or submit comments and/or ideas to Punchbowl News (“Submissions”). You may only submit these Submissions to Punchbowl News when specifically invited to do so by Punchbowl News. These solicited Submissions may be subject to further terms, conditions and restrictions. Submissions for the Services provided through third party websites are also subject to specific terms, conditions and restrictions. If Punchbowl News does request that you send Punchbowl News Submissions, these Submissions will be deemed User Content (defined below). By submitting any Submission, you agree: (i) that your disclosure is gratuitous and without restriction and will not place Punchbowl News under any fiduciary or other obligation, and (ii) that Punchbowl News is free to disclose the Submission on a non-confidential basis to anyone or otherwise use the Submission without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Punchbowl News does not waive any rights to use similar or related ideas previously known to Punchbowl News, or developed by its employees, or obtained from sources other than you.
4.7 Unsolicited Submissions. Other than those Punchbowl News specifically requests, Punchbowl News does not accept or consider unsolicited creative materials, ideas or suggestions either via the website, email or other means. This is to avoid any misunderstandings if your ideas are similar to those Punchbowl News has developed or obtained independently.
4.8 User Content License. By sending or transmitting to Punchbowl News content, text, images, video, audio files, creative suggestions, ideas, notes, concepts, posts, opinions, information or other materials (collectively, “User Content”), or by posting such User Content on the Site, you hereby grant to Punchbowl News and its designees a worldwide, non-exclusive, sublicenseable, assignable, transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such User Content in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Punchbowl News shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights or authorizations to allow Punchbowl News’s use of such User Content in accordance with such license. None of the User Content disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
5. Commercial Transactions
5.1 Information Required. Certain products or subscription services may be offered for sale through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Punchbowl News or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Punchbowl News or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete and current. You agree to immediately notify Punchbowl News of any change in your billing address or the credit card used for payment hereunder.
5.2 Purchase Terms. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service.
5.3 Payments; Subscription Fees. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes and possible transaction fees. All prices displayed on the Site are quoted in U.S. Dollars. By providing Punchbowl News with your credit card number and associated payment information, you agree that Punchbowl News (or its third party service providers) is authorized to immediately withdraw from your payment account all fees and charges due and payable to Punchbowl News as a result of your order, including but not limited to service fees, subscription fees, transaction fees, overdraft fees, or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that Punchbowl News (or its third party payment service provider) may automatically withdraw from your payment account at the beginning of each recurring period. Your subscription will continue and automatically renew until terminated. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle.
5.4 Price Changes. Punchbowl News reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as Punchbowl News may deem appropriate from time to time (including electronic mail or conventional mail). Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription will take effect following notice to you.
5.5 Failed Payment. Your right to use a paid service or a specific product is conditional upon Punchbowl News’s receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, Punchbowl News reserves the right to either suspend or terminate your access and account. You remain responsible for any uncollected amounts. You agree that in the event Punchbowl News is unable to collect the fees you owe Punchbowl News it for the products or services specified in your order, Punchbowl News may take any other steps it deems necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by Punchbowl News in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees.
5.6 Terms and Termination of Subscription. To review the billing terms on your account or to terminate a subscription service (if offered), you may email [email protected]
6. Errors and Risk of Loss
6.1 If a service is listed incorrectly (e.g. price or description) for any reason, Punchbowl News reserves the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, Punchbowl News will issue a credit to your card for the full amount.
7. Third Party Content
7.1 Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers, are those of the respective authors or distributors and not Punchbowl News. Neither Punchbowl News, its licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Punchbowl News nor its licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Site or Services by anyone other than an authorized Punchbowl News or licensor representative while acting in his/her official capacity.
7.2 You may be exposed through the Site or Services to content that violates Punchbowl News’s policies, is sexually explicit or is otherwise offensive. You access the Services at your own risk. Punchbowl News takes no responsibility for your exposure to third party content on the Services. Punchbowl News and its licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that Punchbowl News does not advocate the use of any product or procedure described in the Site or through the Services, nor is Punchbowl News responsible for misuse of a product or procedure due to typographical error.
8. SWEEPSTAKES, CONTESTS AND GAMES
If Punchbowl News conducts a sweepstake, contest, or game on the Site, the rules governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
9. ACCOUNTS, PASSWORDS AND SECURITY
9.1 Accounts. If any of the Services require you to open an account, you must complete the registration process by providing Punchbowl News with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Punchbowl News which is untrue, inaccurate, not current or incomplete, Punchbowl News reserves the right to terminate your access and use of the Services, and deactivate your account.
9.2 Password Security. As part of the registration process, you will be asked to select a username and password. You are solely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Punchbowl News immediately of any unauthorized use of your account or any other breach of security. Neither Punchbowl News nor its licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Punchbowl News, its licensors or another party due to someone else using your account or password.
10. Linking to the site
Punchbowl News reserves the right to disallow you to link to the Site at any time in its sole discretion. If Punchbowl News exercises such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with Punchbowl News specifying how you may link to the Site, use the following Link Guidelines for adding one or more links to the Site from your website:
- The link must be a text-only link that clearly includes the URL of the applicable Site;
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Punchbowl News’s good name and trademarks;
- The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by Punchbowl News;
- The link, when activated by a user, must display the Site full-screen and not within a “frame” on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
- The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
11. DISCLAIMER REGARDING LINKED THIRD PARTY SITES
11.1 Linked Sites. The links on the Site will let you leave the particular Site you are accessing in order to access a linked third party site (the “Linked Sites”). Punchbowl News provides these links as a convenience, but Punchbowl News neither controls nor endorses these Linked Sites, nor has Punchbowl News reviewed or approved the content which appears on the Linked Sites. Punchbowl News is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. Your use of the Linked Sites will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read and comply with Third Party Terms. You acknowledge and agree that Punchbowl News shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
11.2 Independent Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Punchbowl News shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
12.2 Communications. By agreeing to these Terms or using the Services, you agree to receive communications from us, including via email. Communications from us may include operational communications concerning your subscription, newsletters, responses to your inquiries or marketing materials. If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your contributions.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 Trademarks. The “Punchbowl News” name and logo are trademarks and service marks of Punchbowl News. You do not have the right to use any of our trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
13.2 Ownership. You acknowledge that all intellectual property rights in the Services, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Services and compilation thereof (excluding the trademarks, Submissions, or other contributor content), anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Punchbowl News, protected by intellectual property laws. You acknowledge and agree that Punchbowl News, or its licensors, owns all right, title and interest in and to the Services, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Services are protected by U.S. and international copyright laws. Further, you acknowledge that the Services may contain information that Punchbowl News has designated as confidential and you agree not to disclose such information without Punchbowl News prior written consent. Nothing posted on the Services grants a license to any Punchbowl News trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Punchbowl News. When accessing the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
14. NOTICE TO CALIFORNIA RESIDENTS PURSUANT TO CA CIV CODE SECTION 1789.3
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
15. COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
16. DISCLAIMER OF WARRANTIES
THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PUNCHBOWL NEWS, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. PUNCHBOWL NEWS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON ANY SUCH PRODUCTS OR SERVICES WITH REGARD TO THE CONTENT CONTAINED THROUGH THE SERVICES.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
17. LIMITATION OF LIABILITY
17.1 Limitation of Liability. IN NO EVENT SHALL THE INDEMNIFIED PARTIES (DEFINED BELOW) BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES) UNDER ANY CONTRACT, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF, RELIANCE ON, OR INABILITY TO USE THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF UPDATE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 Sole Remedy. Your sole remedy for dissatisfaction with the Services including, without limitation, content on the Site, is to stop using the Services. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Services or any Linked Sites, as well as by reason of any information or advice received through or advertised in connection with the Services or any Linked Sites. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third party on the Site.
17.3 Maximum Liability. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Services, or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greatest of: (i) the total amount paid for the product(s) giving rise to such Dispute, (ii) the total amount paid for the subscription Services in the preceding 30 days, or (iii) one hundred dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Services must be brought within one year after such claim or cause of action arises or be forever barred.
17.4 Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Punchbowl News may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Punchbowl News’s liability will be the minimum permitted under such applicable law.
You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the Services; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
19. COPYRIGHT POLICY
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Punchbowl News infringe your copyright, you or your agent may send to Punchbowl News a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Punchbowl News actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Punchbowl News a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Punchbowl News’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work that you claim has been infringed;
Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit Punchbowl News to locate the material;
Information reasonably sufficient to permit Punchbowl News to contact you, such as your address, telephone number and, if available, your email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Punchbowl News’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: Craig Jacobson; HJTH; 450 N. Roxbury Drive, 8th Floor Beverly Hills, CA. 90210; e-mail for notice: [email protected] Punchbowl News suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
20. JURISDICTIONAL ISSUES
Punchbowl News makes no representation or warranty that the content and materials on the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Punchbowl News reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Services to any person, geographic area or jurisdiction Punchbowl News so desires, and to limit the quantities of any such service or products that Punchbowl News may provide.
21.1 Termination. We may terminate these Terms, deactivate your account, and/or your permission to use the Services immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Services, or (c) we are prevented from providing the Services for any reason. Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the Services and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.
21.2 Effect of Termination. On termination of these Terms for any reason: (a) all rights granted to you under these Terms will cease immediately, (b) you must immediately cease all activities authorized by these Terms (including your use of the Services), and (c) you acknowledge that we may restrict your access to the Services. Sections 13, 16-18, and 22-25 will survive any termination or expiration of these Terms.
22. DISPUTE RESOLUTION
22.1 Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Punchbowl News agree that, except as otherwise provided below, the state and federal courts located in the County of Los Angeles will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Punchbowl News shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
22. 2 Binding Arbitration.
22.2 (a) Arbitration Procedures. You and Punchbowl News agree that, except as provided in Section 22.2(d) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 22 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth in Section 22.2(d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Punchbowl News will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Punchbowl News may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
22.2 (b) Location. The arbitration will take place in the County of Los Angeles, California, unless the parties agree to video, phone or internet connection appearances.
22.2 (c) Limitations. You and Punchbowl News agree that any arbitration shall be limited to the Claim between Punchbowl News and you individually. YOU AND PUNCHBOWL NEWS AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
22.2 (d) Exceptions to Arbitration. You and Punchbowl News agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Excluded Dispute, (b) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use, and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
22.2 (e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
22.2 (f) Severability. You and Punchbowl News agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 22.2(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 24.2(d) is found to be illegal or unenforceable then neither you nor Punchbowl News will elect to arbitrate any Claim falling within that portion of Section 22.2(d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, and you and Punchbowl News agree to submit to the personal jurisdiction of that court.
23. WAIVER AND SEVERABILITY
The failure of Punchbowl News to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.
24. SUCCESSORS AND ASSIGNS
Punchbowl News may perform any of its obligations or exercise any of its rights under this Terms through one or more of its corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with Punchbowl News). If Punchbowl News or its assets are acquired by another entity, that entity will assume Punchbowl News’s rights and obligations as described in this Terms. You may not assign your rights or obligations under this Terms, by operation of law or otherwise, without Punchbowl News’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
25. EQUITABLE REMEDIES
You acknowledge and agree that Punchbowl News would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
26. Contact Us
If you have any questions or comments relating to these Terms, please contact us at:
AJ Press, LLC