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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.

  1. Your Access to the Service
  2. Permitted Use and Restrictions
  3. Privacy
  4. User Accounts and Security
  5. Terms of Sale and Payments
  6. Subscriptions
  7. Sweepstakes, Contests and Games
  8. Submitted Content and Reviews
  9. Third Party Content
  10. Idea Submissions
  11. Intellectual Property Rights
  12. DMCA Notice
  13. SMS/MMS Mobile Messaging Program Terms and Conditions
  14. Third-Party Sites and Services
  15. Linking to the Site
  16. Indemnity
  17. Warranty Disclaimer
  18. Limitation of Liability
  19. Termination
  20. Communication Between Us
  21. Governing Law
  22. Jurisdictional Issues
  23. Dispute Resolution
  24. Notice for California Residents 
  25. Notice for New Jersey Residents
  26. Additional Important Terms
  27. Changes to These Terms
  28. Contact Information

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 [email protected].  You can also mail your DMCA request to: 

Attn: Craig Jacobson

HJTH

450 N. Roxbury Drive, 8th 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 [email protected] 

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. 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.

28. Contact Information

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

AJ Press, LLC

[email protected] 

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