Terms of Service

Effective: December 13, 2023

Please read the following carefully. These Terms of Use (these “Terms”) govern your access to and use of the AJ Press, LLC (“Punchbowl News,” “we,” “us,” “our”) website at https://punchbowl.news/ (the “Site”), our mobile applications (the “App”) and the subscription services (including tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, and calendars) and the products and services provided by Punchbowl News (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST PROMPTLY CEASE USING IT.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described in Section 23 below. 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.

Your Access to the Service
Permitted Use and Restrictions
Privacy
User Accounts and Security
Terms of Sale and Payments
Subscriptions
Sweepstakes, Contests and Games
Submitted Content and Reviews
Third Party Content
Idea Submissions
Intellectual Property Rights
DMCA Notice
SMS/MMS Mobile Messaging Program Terms and Conditions
Third-Party Sites and Services
Linking to the Site
Indemnity
Warranty Disclaimer
Limitation of Liability
Termination
Communication Between Us
Governing Law
Jurisdictional Issues
Dispute Resolution
Notice for California Residents
Notice for New Jersey Residents
Additional Important Terms
Changes to These Terms
Contact Information
The Portal Terms of Use
Enbloc AI Terms of Service

1. Your Access to the Service

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 controls and economic sanction laws and regulations, with respect to your use of the Service.

1.2 Internet Access

When using the Service 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 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 Service, 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 (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2. Permitted Use and Restrictions

2.1 License Grant

Subject to the terms and conditions of these Terms, Punchbowl News hereby grants you a revocable, limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. We reserve all other rights that are not granted in these Terms.

2.2 Use Restrictions

You acknowledge and agree that the Service contains 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 Service is for your personal and non-commercial use. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, distribution, transmittal, display, performance, reproduction, publishing, licensing, translation, reverse engineering, decompiling, disassembling, hacking, or other attempt to discover the source code of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; (iii) access the Service by any means other than through the standard industry-accepted or Punchbowl News-provided interfaces; (iv) post or transmit any material that contains a virus or corrupted data; (v) delete any author attributions, legal notices, trademarks, or proprietary designations or labels; (vi) violate any applicable local, state, national or international law, rule or regulation or use the Service for any purpose that is prohibited by these Terms; (vii) manipulate or otherwise display the Service by using framing or similar navigational technology; (viii) 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; (ix) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service or harvest or otherwise collect information about other users without their consent; (x) use the Site in any manner that could damage, disparage, or otherwise negatively impact Punchbowl News or its parent companies, affiliates and/or subsidiaries; or (xi) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by Punchbowl News in its sole discretion. In addition, you agree to comply with Punchbowl News’s 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.

2.3 Eligibility

The Service may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. By accessing or using the Service, you represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that they have agreed to be bound by these Terms.

Additionally, the Service is not intended for children under the age of 13 and children who are under 13 years of age are not permitted to use the Site or the Service.

2.4 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 email or otherwise), reproduced, republished, distributed, resold, displayed, broadcast, or otherwise exploited in any manner without he express written permission of Punchbowl News.

2.5 Investigations

We may, but are not obligated to, monitor, or review our Service 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 Service pursuant to Section 19 (Termination) below.

2.6 Violation of these Terms

You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Punchbowl News has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

3. Privacy

These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

4. User Accounts and Security

4.1 User Accounts

To use certain features of the Service, you may be required to create a Punchbowl News account and provide us with your first name, last name, email address, and password, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete account information may result in your inability to access or use our Service.

4.2 Account Security

Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You acknowledge and agree that 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 if you become aware of any unauthorized use of your password or your account. 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.

4.3 Account Sharing or Transfers

Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else. Similarly, you may not use another user’s account without permission and you agree that you will not solicit, collect or use the login credentials of other users.

4.4 Fees

You agree to pay all fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

4.5 Account Deletion by You

You may delete your account at any time by logging into your account and selecting “delete account” or by contacting us as described in Section 28 (Contact Information) below.

4.6 Account Deletion by Us

Punchbowl News may terminate your account at any time for any reason or no reason, including if: (a) Punchbowl News determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Punchbowl News; (b) Punchbowl News determines it is required by law to terminate your account; or (c) Punchbowl News decides to stop providing the Service or critical portions of the Service. When terminating your account, Punchbowl News may delete your account and the information in it. You have no ownership rights to your account.

5. Terms of Sale and Payments

5.1 Billing Policies

If you choose, at your sole discretion, to purchase goods or services, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. Punchbowl News uses authorized third parties for the purpose of processing your transactions, and credit card authorizations. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Punchbowl News the right to store and process your information with such third parties. You agree to immediately notify Punchbowl News of any change in your billing address or the Payment Method used for payment hereunder. You agree that Punchbowl News will not be responsible for any failures of such third parties to adequately protect your information.

You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes and possible transaction fees. By providing Punchbowl News with your Payment Method, you agree that Punchbowl News (or its third party service providers) is authorized to immediately charge your Payment Method for 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 (defined below), transaction fees, overdraft fees, or any other fee or charge associated with your access to the Service and/or purchase of products.

5.2 Currency

All prices are listed in US dollars and all payments must be made in US dollars. Punchbowl News will not be responsible for any exchange rates or fees incurred by you from your chosen Payment Method.

5.3 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 provided for in these Terms, any price changes or changes to your Subscription (defined below) will take effect following notice to you.

5.4 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 Payment Method, 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 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.

5.5 Personal Use

All products sold by or received from Punchbowl News are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from Punchbowl News. Punchbowl News reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Punchbowl News in its sole discretion.

5.6 Errors and Risk of Loss

If a product or 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 any such product or service. If your Payment Method has already been charged for such an erroneous purchase, Punchbowl News will issue a credit to your Payment Method for the full amount.

6. Subscriptions

6.1 Subscription

Some parts of the Service are available only with a paid subscription (the “Subscription”). For more information on Subscription pricing and benefits visit https://punchbowl.news/pricing.

If you enroll in a Subscription, you will be charged the current price of the chose Subscription plan, plus any applicable taxes and other charges (the “Subscription Fee”) at the beginning of the Subscription and each Subscription period (e.g., monthly or yearly as specified by you when you sign up for the Subscription) thereafter. Subscription prices, fees, or other charges are subject to change with or without notice and may affect your Subscription Fee between Subscription periods.

6.2 Payment Method

To enroll in a Subscription, you may be required to provide a current, valid, accepted Payment Method. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment. You remain responsible for any uncollected amounts. Punchbowl News uses authorized third parties for the purpose of processing your transactions and credit card authorization. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Punchbowl News the right to store and process your information with such third parties. You agree that Punchbowl News will not be responsible for any failures of such third parties to adequately protect your information. If a payment is not successfully settled—for example, due to expiration of a credit card, insufficient funds, or otherwise—we may suspend your Subscription until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees. Check with your Payment Method service provider for details.

WHEN YOU ENROLL IN A SUBSCRIPTION PLAN, WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMIANTED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD (AS DESCRIBED BELOW). SUCH NOTICE WILL NOT AFFECT ANY CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT TO TERMINATE YOUR AUTHORIZATION OR TO CHANGE YOUR PAYMENT METHOD OR THE SUBSCRIPTION.

6.3 Updating Your Payment Method

If you want to use a different Payment Method or if there is a change in your Payment Method validity or expiration data, you may edit your information by accessing your account settings page. We may also update your Payment Method using information provided by Payment Method service providers. Following any update to your Payment Method, you authorize us to continue to charge the applicable Payment Method(s). If your Payment Method reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.

6.4 Refunds and Cancellation

Your Subscription will continue in effect unless and until you cancel your Subscription, or we terminate it. You can cancel or make changes to your Subscription at any time by logging into your account. You may also cancel your subscription by contacting us at the contact details in Section 26 (Contact Information). You must cancel your Subscription before it renews each month or year (depending on the Subscription you select) in order to avoid being charged for the next month’s/year’s Subscription Fee.

You may cancel your Subscription at any time, however, there are no refunds for cancellation. If you cancel before the end of your Subscription period, you will have access to your account for the remainder of the Subscription period. In the event that Punchbowl News suspends or terminates your account of these Terms for your breach of these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a Subscription period, any license or Subscription Fees for any portion of the Subscription service, any content or data associated with your account, or for anything else.

6.5 Special Offers

Punchbowl News may enable special offers for certain eligible groups. If you qualify and subscribe through a special offer, you will be billed the advertised special rate for one year and automatically renewed at the regular Subscription Fee after that.

6.6 Changes to the Subscription Plan or Price

We reserve the right to change the Subscription or adjust the Subscription Fees or discounts for the Subscription or any components thereof in any manner at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any Subscription Fee changes will take effect following notice to you.

6.7 Notice to Residents of the United Kingdom

(a) Right to Cancel

You have the right to cancel your Subscription contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the conclusion of the Subscription contract.

To exercise the right to cancel, you must inform us of your decision to cancel your Subscription Contract by a clear statement (e.g., a letter sent by post, fax or email). You may use the model cancellation form located at the end of these Terms, but it is not obligatory.

(b) Effects of Cancellation

If you cancel your Subscription contract within the cancellation period, we will reimburse all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we receive notice of your decision to cancel your Subscription contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

7. 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.

8. Submitted Content and Reviews

Punchbowl News is not the source of, does not verify or endorse, and takes no responsibility for the content of communications or any material submitted or made available through the Service via any function that allows a user to communicate with other users, leave reviews, or share content (the “Submitted Content”). Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. Punchbowl News may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its users, or otherwise enforce these Terms. Further, Punchbowl News may in its sole discretion remove or decline to publish such content on the Service and terminate your account if you submit any content that is in breach of these Terms.

8.1 Message Boards, Chats and Other Public Forums

Punchbowl News may host message boards, chats, product review mechanisms and other public forums through the Service. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Service. These are public forums and the Submitted Content that you post through the Service may be seen by anyone on the Internet. Any user will have the ability to edit or delete his/her own Submitted Content after posting. When posting Submitted Content through the Service, you must use good tase 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 Submitted Content and you are prohibited from posting rumors or negative opinions that are not supported by facts.

8.2 Submitted Content Restrictions

In addition to the prohibited activities described above, when posting Submitted Content and media through the Service, 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, gender, religion, nationality, disability, sexual orientation or age, or that would give rise to civil or criminal 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 or debit 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, patent 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 from infringements of copyrights, trademarks, patents, proprietary rights or any other harm resulting from such submission.

8.3 Submitted Content License

Punchbowl News does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Punchbowl News a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, sell, offer for sale and import, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Punchbowl News’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats now known or hereafter devised and through any and all media channels, for any purpose whatsoever, commercial or otherwise, without compensation to you. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant, and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section 8 (Submitted Content and Reviews). None of the Submitted Content disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

8.4 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 the public 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.

8.5 User Acknowledgement

You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Punchbowl News has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (iii) Punchbowl News does not guarantee any confidentiality with respect to your Submitted Content; and (iv) Punchbowl News is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (y) Punchbowl News has no control over and is not responsible for the use of Submitted Content by its users, including any user that has downloaded Submitted Content to a personal device; and (z) Punchbowl News may not be able to remove Submitted Content that is downloaded onto a user’s Device. Punchbowl News does not endorse any Submitted Content, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will Punchbowl News be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.

8.6 Removal

Punchbowl News and its licensors have no obligation whatsoever to monitor any of the Submitted Content on the message boards, chat rooms or other public forums. Notwithstanding the foregoing, you acknowledge that Punchbowl News has the right to monitor or pre-screen your Submitted Content but has no obligation to do so. At Punchbowl News’s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, Punchbowl News and its designees shall have the right, but not the obligation, in their sole discretion, to alter, edit, refuse or remove any Submitted Content that is made available via the Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating any party’s intellectual property rights. Punchbowl News may 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. Punchbowl News further reserves the right to contact users to inform them of policies, hide users’ Submitted Content or delete users’ accounts without warning or advance notice, for any reason, including but not limited to the violation of these Terms. Any user failing to comply with Guidelines set forth in this Section 8 (Submitted Content and Reviews) may be expelled from and refused continued access to the message boards, chats, product reviews, or other public forums in the future.

8.7 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.

9. Third Party Content

9.1 No Endorsement or Guarantee of Accuracy

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site or Service 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, advise or statement made on any part of the Site or Service by anyone other than an authorized Punchbowl News or licensor representative while acting in his/her official capacity.

9.2 Disclaimer

You may be exposed through the Site or Service to content that violates Punchbowl News’s policies, is sexually explicit or is otherwise offensive. You access the Service at your own risk. Punchbowl News takes no responsibility for your exposure to third party content on the Service. 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.

10. Idea Submissions

We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us, and our customers avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.

10.1 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 contents Punchbowl News may sponsor, or submit comments and/or ideas to Punchbowl News. 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 Service 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 Submitted Content.

10.2 Unsolicited Submissions

If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.

11. Intellectual Property Rights

11.1 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.

11.2 Ownership

You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Punchbowl News, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that Punchbowl News, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Punchbowl News has designated as confidential, and you agree not to disclose such information without Punchbowl News’s prior written consent. Nothing posted on the Service 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 Service 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 Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

12. DMCA Notice

12.1 DMCA Policy

Punchbowl News has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of Punchbowl News or of a third party, or otherwise violated any intellectual property laws or regulations. Punchbowl News’s policy is to investigate any allegations of copyright infringement brought to its attention.

12.2 Take-Down Notice

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Punchbowl News to delete, edit, or disable the material in question, you must provide Punchbowl News with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act) to our designated copyright agent (the “Designated Agent”) set forth below:

A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
Identification of the copyrighted work (or works) claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Punchbowl News to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
Information reasonably sufficient to permit Punchbowl News to contact you, including your address, telephone number, and e-mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;
A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C 512(c)(3) for further information.

For this notification to be effective, you must provide it to our Designated Agent by email at cj@hjth.com. You can also mail your DMCA request to:

Attn: Craig Jacobson

HJTH

450 N. Roxbury Drive, 8^th Floor

Beverly Hills, CA 90210

Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.

If you fail to comply with each requirement above, your DMCA notice may not be valid and may not be acknowledged. Once proper notice is received by the Designated Agent, it is Punchbowl News’s policy to investigate the claim and notify the alleged infringer of your claim. If we determine that you have raised a legitimate copyright claim, we will remove or disable access to the infringing material and notify the content provider, member, or user that we have removed or disabled access to the material. In addition, repeat offenders will have the infringing material removed from the system and Punchbowl News will terminate such content provider’s, member’s, or user’s access to the Service.

12.3 Counter-Notice

If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number; and
A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

If a counter-notice is received by the Designated Agent, Punchbowl News may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Punchbowl News’s discretion.

13. SMS/MMS Mobile Messaging Program Terms and Conditions

Punchbowl News offers a mobile messaging program for premium subscribers (the “Program”), which you agree to use and participate in subject to these Text Messaging Terms and Conditions (for purposes of this Section 13, the “Agreement”). By opting-in to or participating in any of our Services, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 23 (Dispute Resolution) below. This Agreement is limited to the Program and is not intended to modify other Terms or the Privacy Policy that may govern the relationship between you and Punchbowl News in other contexts.

13.1 Signing Up and Opting-In to the Program

Enrollment in the Program requires you to provide your mobile number and to agree to these terms and conditions. Before the Program starts, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Program and your agreement to these Terms. Punchbowl News reserves the right to stop offering the Program at any time with or without notice.

13.2 By opting into the Program, you:

Authorize Punchbowl News to use autodialer or non-autodialer technology send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

Acknowledge that you do not have to agree to receive messages as a condition of purchase.

Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.

Consent to the use of an electronic record to document your opt-in.

13.3 Messages You May Receive

You may receive Service-related messages and/or promotional messages. Service-related messages may include breaking news, updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). Once you affirm your choice to opt-in to the Program, your message frequency may vary.

Without limiting the scope of the Program, users that opt-in to the Program can expect to receive messages concerning the marketing and sale services and events.

13.4 Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Program.

Supported carriers vary and may not be available on all wireless carriers. Punchbowl News may add or remove any wireless carrier from the Program at any time without notice. Punchbowl News and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

13.5 To Stop the Program

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, UNSUBSCRIBE, or QUIT to any mobile message from Punchbowl News in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.

For service support or assistance, reply HELP for help or email accounts@Punchbowl.news

13.6 MMS Disclosure

The Program will send SMS terminating messages if your mobile Device does not support MMS messaging.

13.7 Our Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Punchbowl News’s control.

13.8 Participant Requirements

You must have a wireless Device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your Device capabilities for specific text messaging instructions.

13.9 Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including cancelling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Punchbowl News of such change, you agree that you will be responsible for all costs (including attorney’s fees) and liabilities incurred by Punchbowl News, or any part that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMELSSS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

14. Third-Party Sites and Services

14.1 Third-Party Sites

The Service may contain links to allow you to share content directly with other third-party websites (“Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party 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 Third-Party Sites.

14.2 Independent Third Parties

Your participation, correspondence or business dealings with any third party found on or through the Service, 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.

15. 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 pup-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.

16. Indemnity

You agree to indemnify and hold us and our parents, subsidiaries, affiliates, and their respective business partners, licensees, licensors, officers, directors, members, 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 Service; (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.

17. Warranty Disclaimer

WE PROVIDE THE SERVICE, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PUNCHBOWL NEWS, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS AND AGENTS MAKE NO GUARANTEE OR WARRANTY, AND EXPRESSLY DISCLAIM THAT YOUR USE OF AND ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, reliable, complete, or up to date.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE (INCLUDING OUR PRODUCTS) WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE (INCLUDING OUR PRODUCTS) AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.

YOUR USE OF THE SERVICE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICE 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 IN THE SERVICE.

No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

18. Limitation of Liability

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, 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 SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH: (i) THE USE OF, RELIANCE ON, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS OR ANY PRODCUT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SERVICE) OR THESE TERMS; (ii) ANY CONTENT CONTAINED ON THE SERVICE; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SERVICE; (iv) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE; (v) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE, ARISING AND WHETHER FRAMED IN CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORY OF LIABILITY REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF PUNCHBOWL NEWS, EVEN IF WE HAVE BEEN ADVISED OF THE POSIBILITY OF SUCH DAMAGES.

Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service (including our products). Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. 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 Service.

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 Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods or services (including Subscription Fees) purchased through the Service in the preceding 30 days, or (ii) 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 Service must be brought within one year after such claim or cause of action arises or be forever barred.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PUNCHBOWL NEWS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON PUNCHBOWL NEWS’S GOVERNING LAW PROVISION SET FORTH BELOW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

19. Termination

We may terminate these Terms, deactivate your account and/or terminate your permission to use the Service immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Service, or (c) we are prevented from providing the Service for any reason.

Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service 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.

On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (z) you acknowledge that we may restrict your access to the Service. Sections 3, 10-10-13, and 16-26 will survive any termination or expiration of these Terms.

20. Communication Between Us

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us as indicated in Section 28 (Contact Information) 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.

21. Governing Law

These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.

22. Jurisdictional Issues

Punchbowl News makes no representation or warranty that the content and materials on the Service are appropriate or available for use in locations outside the United States. Those who choose to access the Site or user the Service 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 Service 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.

23. Dispute Resolution

23.1 User Concerns

Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in Section 28 (Contact Information) below.

23.2 Disputes

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Service, 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 arbitration provisions will remain in force.

23.3 Arbitration Procedures

In the event your concern cannot be resolved informally, you and Punchbowl News agree that, except as provided in Section 23.6 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 23 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

Except as otherwise set forth in Section 23.6 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, (i) 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 (ii) 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.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

23.4 Location

The arbitration will take place in the City and County of Los Angeles, California, United States of America, unless the parties agree to video, phone, or internet connection appearances.

23.5 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 (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

23.6 Exceptions to Arbitration

You and Punchbowl News agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) 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.

23.7 Arbitration Fees

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

23.8 Severability

You and Punchbowl News agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 23.6), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 23.6 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 23.6 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, California, United States of America, and you and Punchbowl News agree to submit to the personal jurisdiction of that court.

24. Notice for California Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

25. Notice for New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of this TOS Agreement do not apply to you: Section 17 (Warranty Disclaimer), Section 18 (Limitation of Liability), and the California governing law provision of Section 21 (Governing Law) above, (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

26. Additional Important Terms

26.1 Assignment

The rights granted to you under these Terms may not be assigned without Punchbowl News’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

26.2 Severability

Except as otherwise provided in Section 23.8, if any part of these Terms is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

26.3 Attorneys’ Fees

In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 23.7, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

26.4 No Waiver

Our failure to exercise or enforce any right or provision of these Terms shall in no way be construed to be a waiver of such right or provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Punchbowl News of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

26.5 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.

26.6 Entire Agreement

These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Punchbowl News with respect to the Service and supersedes any and all prior agreements between you and Punchbowl News relating to the Service.

26.7 Transfer

We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligations under these Terms.

27. No Competitive Use
You may not access or use the Services if you are a competitor of Punchbowl News or if you are acting on behalf of, or in collaboration with, a competitor. By using the Services, you represent and warrant that you are not developing, operating, or affiliated with a product or service that competes with us. If we determine, in our sole discretion, that you are using the Services for competitive purposes, we reserve the right to terminate your account and take appropriate legal action.

We reserve the right to suspend, disable, or terminate any account, subscription, or access to the Services at our sole discretion, without prior notice, if we believe you have violated these Terms or are using the Services in a manner that may harm our business interests. In such cases, we are under no obligation to provide a refund for any prepaid fees.

28. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms at any time and without notice. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). Your continued use of the Site and/or Service after any such update constitutes your acceptance of the new Terms. We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

29. Contact Information

If you have any questions or comments relating to the Service or these Terms, please contact us at:

AJ Press, LLC

accounts@Punchbowl.news

PUNCHBOWL NEWS THE PORTAL TERMS OF USE

(Last revised October 7, 2024)

This Terms of Use Agreement (these “Terms”) governs your use of the Punchbowl News The Portal product (hereinafter “The Portal,” “We,” “Us” or “Our”) website, any other website with links to these Terms, software, applications, and mobile websites associated therewith (collectively, the “Services”). Unless explicitly stated otherwise, any new services, platforms, features or functionality made available to the public generally or you specifically by AJ Press LLC dba Punchbowl News (“Punchbowl News”shall be subject to these Terms which constitutes a binding legal contract between you and Punchbowl News. By using Our Services, you accept its terms.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR PARTICIPATE IN OUR SERVICES. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, TOGETHER WITH THE AGREEMENT(S), SCHEDULE(S) OR FORMS THAT AUTHORIZED YOUR USE, GOVERN YOUR USE OF THE PORTAL SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE OR PARTICIPATE IN OUR SERVICES.

1. Ownership, License & Restrictions on Use
All The Portal Services contain proprietary material owned by The Portal which is protected by copyright and other laws respecting proprietary rights. Our Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Solely to enable your use of the The Portal Services, to communicate with Us, or to interact with our website The Portal hereby grants you a non-exclusive, limited, revocable, non-sublicensable, non-transferable license to access and use the Services (as changed, modified, or upgraded by The Portal from time to time in its sole discretion) in accordance with these Terms. The Portal retains all rights in the Services and the materials therein. You may not use Our Services or any materials therein except as expressly permitted under these Terms. You may not decompile or reverse engineer any part of the Services. You may not otherwise download, republish, retransmit or reproduce any of the materials (including any video or still photographs) without the prior written consent of Punchbowl News. You may not distribute copies of materials found on the Services in any form (including by email or other electronic means) without prior written permission from Punchbowl News.The Portal may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, software, or content. The Portal may also impose limits on certain features and services or restrict access to parts or all of the Services without notice or liability. Any new features or updated content or applications that We make available as a part of the Services will be subject to these Terms. You agree that The Portal will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Services, in whole or in part, or of any service, content, or feature offered through the Services.You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. In no event shall materials from Our Services be stored in any information storage and retrieval system without prior written permission from Punchbowl News.This Site and these Terms may be modified by The Portal, in The Portal’s sole discretion, with or without notice. Please review this link on a regular basis for changes. Continued use of Our Services following any change constitutes your acceptance of the change. You acknowledge that the Services have been developed, compiled and arranged by Punchbowl News and its information sources (collectively “IP Rights Holders”) through substantial time, effort and resources, constituting valuable intellectual property of the IP Rights Holders. You agree to protect their proprietary rights and recognize that you do not have ownership rights in the Service. You must use reasonable efforts to protect these rights and promptly notify Punchbowl News of any claims of intellectual property infringement.

2. Acceptable Use
You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive experience in connection with Our Services. To promote this goal, We prohibit certain conduct that may be harmful to The Portal or other users. When you use the Services, you agree that you will not:

violate these Terms or any The Portal rules regarding use of the Services;
breach any agreements you enter into with third parties;
violate, infringe, or misappropriate The Portal’s intellectual property, privacy, publicity, or other legal rights;
post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
use the Services for the purpose of furthering terrorism or violence;
send unsolicited or unauthorized advertising or commercial communications, such as spam;
transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
use the Services to send unauthorized or unwanted communications to any other person (i.e. “spamming”);
stalk, harass, or harm another individual;
attempt to circumvent any technological measure implemented by The Portal or any of The Portal’s providers or any other third party (including another user) to protect the Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
advocate, encourage, or assist any third party in doing any of the foregoing.

3. Limited Liability
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR OUR SERVICES AND UNDERSTAND AND ACKNOWLEDGE THAT ANY LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING OUR SERVICES ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF THE PORTAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT THE SERVICES WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT THE PORTAL MAY NOT CORRECT ALL ERRORS.

4. Disclaimers
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE THE PORTAL SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR THE SERVICES AND UNDERSTAND AND ACKNOWLEDGE THAT ANY LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE SERVICES ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF THE PORTAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE THE PORTAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT THE SERVICES WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT THE PORTAL MAY NOT CORRECT ALL ERRORS.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE THE PORTAL SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE PORTAL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE THE PORTAL SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BYTHE PORTAL OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE THE PORTAL SERVICES, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE THE PORTAL SERVICES OR IN ANY OTHER PRODUCT OFFERED BY THE PORTAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PORTAL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, OR TRUSTEES BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING, WITHOUT ANY LIMITATION, ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR AS INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EVEN IF THE PORTAL IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND THE PORTAL HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND THE PORTAL WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF THE PORTAL, THE IMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF THE PORTAL, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE PORTAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF THE AMOUNT PAID TO THE PORTAL (OR A THIRD PARTY PROVIDER) FOR THE THE PORTAL SERVICES OR FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.The foregoing states the entire obligation of The Portal and your exclusive remedy arising out of your use of The Portal Services.

5. Indemnity and Release
YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICES, FOR THE INFORMATION PROVIDED IN YOUR USER ACCOUNT, AND FOR ALL USER CONTENT PROVIDED USING YOUR ACCOUNT. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE PORTAL AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, TRUSTEES, CONTRACTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT THE PORTAL MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM, OR OTHERWISE, IN RELATION TO YOUR USE OF THE SERVICES, THE USER CONTENT YOU CONTRIBUTE OR LINK TO, YOUR ACCESS TO THE SERVICES, THE INFORMATION CONTAINED IN YOUR USER ACCOUNT, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY. THE PORTAL SHALL HAVE THE RIGHT TO CONTROL AND DIRECT THE DEFENSE OF ANY THIRD PARTY CLAIM OR ACTION PURSUANT TO THIS SECTION, INCLUDING THE RIGHT TO SETTLE THE CLAIM, AND YOU AGREE TO PROVIDE YOUR FULL AND COMPLETE ASSISTANCE AND COOPERATION TO THE PORTAL.

6. Third-Party Websites
The Services may provide, or third parties may provide, links to other websites or resources. Because We have no control over such sites and resources, you acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that We 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 use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site or resource.

7. Trademarks
All content, product names, trademarks, service marks and logos on the Services, unless otherwise noted, are wholly owned or validly licensed by The Portal or its licensors. Trademarks, service marks and logos owned by third parties remain the property of such third parties. You shall not use any of Punchbowl News’ trademarks or service marks in any way that implies ownership or association without explicit written permission from Punchbowl News.

8. Privacy Policy
The Portal has customer information and privacy policies as set forth in its online Privacy Policy, which is fully incorporated herein by reference. You hereby agree to be bound by The Portal’s Privacy Policy.

9. Entire Agreement; Severability
These Terms incorporate by reference any notices contained on Our Services and constitute the entire agreement with respect to the subject matter hereof. If any provision of these Terms is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

10. Digital Millennium Copyright Act Policy
The Portal does not knowingly permit the posting, storage, or transmission of copyrighted materials using its website or online services. The Portal will respond to all claims of violations of copyright pursuant to the Digital Millennium Copyright Act. To report a violation, please contact The Portal at the contact address provided below.

11. Assignment
These Terms shall not be assignable by you, either in whole or in part. The Portal reserves the right to assign its rights and obligations under these Terms.

12. Disputes, Forum, and Governing Law
This Agreement is governed by and construed in accordance with the internal laws of Washington, D.C. without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of Washington, D.C. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Southern District of New York and the parties irrevocably consent to the personal jurisdiction and venue therein. Service of process, summons, notice, or other document by mail to such Party’s address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.

13. Inquiries Regarding The Portal Content
For inquiries please contact Punchbowl News at 424 C St NE, Washington, DC 20002.

ENBLOC AI TERMS OF SERVICE

Last Revised on February 6th, 2025

Welcome to the Terms of Service (these “Terms”) for Punchbowl News dba AJ Press LLC (“Company”, “we” or “us”) (the “Websites”) as they relate to our artificial-intelligence powered search engine (“Enbloc AI”), and any content, tools, features and functionality offered on or through our Website (collectively, the “Services”). These Terms do not govern use of the Company’s other services (which are governed by the Terms of Service located here: https://punchbowl.news/terms-of-service/).

By accessing or using our Services, you agree to be bound by these Terms. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

SECTION 8 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 8

1. The Services

1.1. Input and Output.

1.1.1. As a part of the Services, you can input, upload and submit information and other materials (“Input”) into Enbloc AI, and it will use artificial intelligence tools and functionalities to generate responses based on your Input (“Output”). Any Input will be deemed “Your Content” under these Terms.

1.1.2. You may not direct the Services to generate any Output in violation of any applicable intellectual property right, contractual restriction or other law. By submitting any Input through the Services, you represent that you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Input in connection with the Services. You represent and warrant that your submission of Input in connection with your use of the Services, including to generate Output, will not breach any law or any third party’s terms and conditions associated with such Input. You may not (i) publish any Output generated by the Services without clearly citing the Services, or (ii) misrepresent the source of any Output or the fact that it was generated by artificial intelligence.

1.2. Eligibility. You must be 13 years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.

2. User Accounts, Subscriptions and free trials

2.1. Safeguarding your Account. To use our Services as a subscriber, you need to create an account (your “Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account through the settings page of your Account profile. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at legal@punchbowl.news if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create an Account if we have previously removed your Account, or we previously banned you from any of our Services, unless we provide written consent otherwise.

2.2. Paid Services. When you subscribe to any of our Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g. credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the paid Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility.

2.3. Subscription Renewals and Cancellations. You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription at the then-current rates. If paid via an online payment method your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription before the subscription period renewal date through the settings page of your Account profile or by emailing legal@punchbowl.news.

2.4. No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

2.5. Changes and Pricing. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offering prices to the Services and/or upon making the customer aware of the pricing error.

3. Location of Our Privacy Policy

3.1. Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.

4. Rights We Grant You

4.1. Right to Use Services. We hereby permit you to use the Services provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.

4.2. Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

4.2.1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;

4.2.2. duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

4.2.3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

4.2.4. use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;

4.2.5. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

4.2.6. access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;

4.2.7. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;

4.2.8. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services, third-party systems or third-party content;

4.2.9. use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

4.2.10. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;

4.2.11. submit, transmit, display, perform, post or store any content that is unlawful, defamatory, obscene, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, abusive, hateful, or cruel, or otherwise use the Services in a manner that is obscene, excessively violent, harassing, hateful, cruel, abusive, pornographic, inciting, organizing, promoting or facilitating violence or criminal activities;

4.2.12. violate any applicable law or regulation in connection with your access to or use of the Services; or

4.2.13. access or use the Services in any way not expressly permitted by these Terms.

4.3. Beta Trials. From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Trials”) as we may designate from time to time. Your use of any Beta Trials is completely voluntary. The Beta Trials are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Trials is at your sole risk. You agree that once you use a Beta Trial, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Trial back to the prior non-beta version. If we provide you any Beta Trials on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Trials. For any such confidential Beta Trials, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Trials without our prior written consent.

5. Ownership and Content

5.1. Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.

5.2. Ownership of Trademarks. The Company’s name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

5.3. Ownership of Feedback. We value user feedback, comments and suggestions for improving the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

5.4. Your Content.

5.4.1. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (collectively with Input, “Your Content”). As between the Company and you, the Company does not claim any ownership in Your Content; provided that, the Company or its affiliates and their respective licensors own and will continue to own the Services and any and all other software or technology that was used to generate any Output.

5.4.2. In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content to operate, improve, promote and provide the Services, including to reproduce, transmit, display, publish and distribute Output based on your Input. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.

5.4.3. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
5.4.4. You may not publish, distribute widely, or make available online any Output generated through the Services without prior written permission. To request permission, please contact us at legal@punchbowl.news.

5.5. Notice of Infringement – DMCA (Copyright) PolicyIf you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

5.5.1. identification of the copyrighted work that is claimed to be infringed;

5.5.2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;

5.5.3. information for our copyright agent to contact you, such as an address, telephone number and e-mail address;

5.5.4. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;

5.5.5. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

5.5.6. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.Notices of copyright infringement claims should be sent by mail to: 25 Mass Ave Suite 730, Washington DC 20001; or by e-mail to legal@punchbowl.news. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

6. Third-Party Services and Materials

6.1. Use of Third-Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. Third-Party Materials include the open source software or other third-party software, such as third-party large language models, that are included in the artificial intelligence and machine learning models you access or use through the Services. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

7. Disclaimers, Limitations of Liability and Indemnification

7.1. Disclaimers.

7.1.1. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.

7.1.2. You acknowledge that the Services may generate Output containing incorrect, biased, or incomplete information. The Company shall have no responsibility or liability to you for the infringement of the rights of any third party in your use of any Output. You should not rely on the Services or any Output for advice of any kind, including medical, legal, investment, financial or other professional advice. Any Output is not a substitute for advice from a qualified professional. You acknowledge that due to the nature of generative artificial intelligence tools, other users of the Services may create and use their own Output that is similar or the same as your Output, such as because the same or similar Input was provided, and you agree that such other users can use their own individually created Output for their own internal business purposes.

7.1.3. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION G(b) BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

7.1.4. THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES, INCLUDING ANY OUTPUT.

7.1.5. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

7.2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES (INCLUDING ANY OUTPUT) OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OUTPUT, OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES OR OUTPUT. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7.3. Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

8. ARBITRATION AND CLASS ACTION WAIVER

8.1. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

8.2. Informal Process First. You and the Company agree that in the event of any dispute, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

8.3. Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company’s services and/or products, including the Services, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and Class Actions (as defined below) are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a Class Action or class arbitration.

8.4. Exceptions. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:

8.4.1. Claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;

8.4.2. Claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or

8.4.3. intellectual property Claims.

8.5. Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Company will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your Claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by the Company before the arbitrator was appointed, the Company will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

8.6. Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to legal@punchbowl.news or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within 30 days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the Class Action waiver, the Class Action waiver still applies. You may not opt out of only the Class Action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

8.7. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND THE COMPANY AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND THE COMPANY AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.

9. Additional Provisions

9.1. Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. the Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

9.2. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

9.3. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

9.4. Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

9.5. Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the District of Columbia, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth above, or if arbitration does not apply, then the courts located in the District of Columbia. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

9.6. How to Contact Us. You may contact us regarding the Services or these Terms at by e-mail at legal@punchbowl.news.

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ENBLOC AI TERMS OF SERVICE

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