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Effective URL: https://nypost.com/terms/?utm_campaign=news_alert&utm_source=sailthru&utm_medium=email&utm_content=20240503&lctg=65...
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BREAKING NEWS
Trump fined $1,000 for gag order violation in 'hush money' case as judge warns
of possible jail time
TERMS OF USE
Last Updated: November 30, 2023
Please read these TERMS OF USE (“Terms”) carefully. Your access to and/or use of
the Services (as defined below) constitutes your legally binding agreement to be
bound by these Terms.
THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION
CLAUSE. PLEASE REFER TO AND READ SECTION 19 OF THESE TERMS.
These Terms govern your use of the websites, applications and software operated
by NYP Holdings, Inc. (“Company”, “we”, “us” or “our”), publisher of the New
York Post, to which these Terms are linked or referenced to, including all
content, features and functionality, and related services such as emails,
newsletters, sweepstakes and promotions (collectively, the “Services”). These
Terms apply whether you are accessing the Services via a personal computer,
wireless or mobile device, or any other technology or device (each, a “Device”).
These Terms do not cover other services, websites or any corresponding content,
features, and activities made available by any other company or third party,
unless specifically stated. If you do not agree to these Terms, you may not
access or use any portion of the Services.
These Terms apply to all users of the Services, whether or not you have
registered for one or more of the Services, and by using the Services you agree
to comply with these Terms and any additional terms and conditions that we
provide to you in connection with your use of or access to same (“Additional
Terms”). The Services may also provide rules of participation for certain
activities within the Services, including, without limitation, contests,
sweepstakes, membership programs, and other initiatives (“Rules”). The New York
Post Privacy Notice (the “Privacy Notice”), the Additional Terms and the Rules
together form a part of these Terms, and are incorporated herein by reference.
We reserve the right, at any time and from time to time, temporarily or
permanently, in whole or in part, to modify, suspend or discontinue the
Services; charge fees in connection with the Services; modify and/or waive any
fees charged in connection with the Services; and/or make available
opportunities to some or all users of the Services. You agree that neither we
nor any of our affiliates shall be liable to you or to any other person for any
modification, suspension or discontinuance of the Services or any component
thereof.
If you are having any trouble accessing these Terms or the Services, please
contact us at 800-552-7678 or refer to our support page
at https://nypost.com/customer-service/ or send an email to help@nypost.com.
1. Term. These Terms shall remain in full force and effect while you use the
Services. You may terminate your use of or registration for the Services at any
time, for any reason, and Company may terminate your use of or registration to
the Services at any time, for any or no reason, with or without prior notice or
explanation, and without liability or obligation to you or any third party.
These Terms shall continue to apply to your previous access and/or use of the
Services after any such termination.
2. Modifications. We may modify these Terms from time to time and at any time in
our sole discretion. Changes to these Terms of Use will be effective immediately
or, if required by law, 30 days after notice to you, which may be given by
posting the updated Terms of Use on our Service. Your use of the Services after
these changes are made is subject to the Terms as modified thereby, and if you
use the Services after they become effective it will signify your agreement to
be bound by the changes. We recommend that you check back frequently and review
these Terms regularly so you are aware of the most current rights and
obligations that apply to you. The Last Updated legend at the top of this page
indicates when these Terms was last revised. Customer service representatives
are not authorized to modify these Terms of Use, either verbally or in writing,
and any such modification shall have no effect.
3. Eligibility; Compliance. Use of the Services is limited to users 16 years of
age and older. By using the Services, you represent and warrant that (a) you are
16 years of age or older and (b) your use of the Services does not violate any
applicable law, rule or regulation. Certain features of the Services may be
subject to heightened age and/or other eligibility requirements. If you provide
information that is untrue, inaccurate, not current or incomplete, or Company
suspects that such information is untrue, inaccurate, not current or incomplete,
Company has the right to suspend or terminate your registration (in whole or in
part) and refuse any and all current or future use of the Services (or any
portion thereof), in our sole discretion, with or without notice to you, and
without liability or obligation to you. Company is based in the United States
and the Services are provided from the United States. Company makes no
representation or warranty that the Services or the Content (as defined herein)
are appropriate or available for use in other locations. If you use the Services
from a jurisdiction other than the United States, you agree to do so at your own
risk, and you are responsible for complying with any and all local laws
applicable to your use of the Services.
4. Proprietary Rights.
4.1 As between you and Company, Company owns, solely and exclusively, all right,
title and interest in and to the Services and all content, data and information
(including associated metadata) contained and/or made available through the
Services (“Content”), and all such Content is protected, without limitation,
under U.S. Federal and State, as well as applicable foreign laws, rules,
regulations and treaties. The term “Content” includes, without limitation, all
audio/visual content, artwork, photographs, illustrations, graphics, logos,
copy, text, computer code, software, music (including the musical compositions
therein), data, user interfaces, visual interfaces, information, materials, and
all copyrightable or otherwise legally protectable elements of the Services,
including, without limitation, the design, selection, sequence, look and feel,
and arrangement of the Services, and any copyrights, trademarks, service marks,
trade names, trade dress, patent rights, database rights and/or other
intellectual property and/or proprietary rights therein (including with respect
to any content contained and/or made available in any advertisements or
information presented to you via the Services). Unless the context clearly
requires otherwise or we explicitly set forth in writing, the term “Services”
includes “Content” as well.
4.2 The Services are to be used solely for your non-exclusive, non-assignable,
non-transferable, non-commercial and limited personal use and for no other
purposes. No other uses are permitted or authorized. You may not exceed the
limited rights and access provided to you under these Terms. You must not alter,
delete or conceal any copyright, trademark, service mark or other notices
contained on the Services, including, without limitation, notices on any Content
you transmit, download, display, print, stream or reproduce from the Services.
All rights not expressly granted to you hereunder are reserved to us and our
licensors.
4.3 Except as expressly authorized by Company and set forth in Additional Terms
(e.g., Services that allow for the use of embeddable or viral features,
applications, etc.), you shall not, nor shall you allow any third party (whether
or not for your benefit or otherwise) to, frame, scrape, reproduce, modify,
create derivative works from, display, perform, publish, distribute,
disseminate, broadcast or circulate to any third party (including, without
limitation, on or via a third-party website or platform) any Content without the
express, prior written consent of Company or its owner if Company is not the
owner. You shall not use any robot, spider, script, service, software or any
manual or automatic device, tool or process to text and data mine or scrape
Content from the Services, or otherwise access or collect the Content from the
Services. For the avoidance of doubt, you shall not use any Content for any
machine learning or artificial intelligence (AI) purposes, including, but not
limited to, developing, building, training, fine tuning, or grounding or
otherwise utilizing in any large language models (LLMs), machine learning tools,
or generative AI systems.
4.4 Any unauthorized or prohibited use of any Content may subject you to civil
liability, criminal prosecution, or both, under applicable federal, state, local
laws, or applicable foreign laws, rules, regulations and treaties. We require
users to respect our copyrights, trademarks, and other intellectual property
rights and shall enforce same. We likewise respect the intellectual property of
others. If you believe that the Services contain elements that infringe your
copyrights in your work, please follow the procedures set forth in Section 10
below. You further agree to abide by exclusionary protocols (e.g., Robots.txt)
that may be used in connection with the Services. You may not access parts of
the Services to which you are not authorized, or attempt to circumvent any
restrictions imposed on your use of or access to the Services.
4.5 Requests for permission to reprint individual articles or webpages can be
made by submitting a request here.
5. User Registration. In order to access and use certain content, features, or
functionality of the Services, we may require that you register for the
applicable Services and have a unique username and password combination (“User
Credentials”) and provide certain additional information, which may include,
without limitation, your email address, legal name, country of residence, zip
code, etc., and, for fee-based transactions and purchases offered by us, your
physical address, telephone number(s), and applicable payment data and
information (collectively, a “User Account”). You represent and warrant that all
registration and account information you submit is truthful and accurate and you
shall maintain and promptly update the accuracy of such information. Further, if
you elect to become a registered user of the Services, you are responsible for
maintaining the confidentiality of your User Credentials, and you shall be
responsible and liable for any access to or use of the Services by you or any
person or entity using your User Credentials, whether or not such access or use
has been authorized by you or on your behalf, and whether or not such person or
entity is your employee or agent, including, without limitation, any fee-based
transactions. It is therefore critical that you do not share your User
Credentials with anyone. You agree to immediately notify Company of any
unauthorized use of your User Credentials or User Account, or any other breach
of security. It is your sole responsibility to (a) control the dissemination and
use of your User Credentials and User Account, (b) update, maintain and control
access to your User Credentials and User Account, and (c) cancel your User
Account on the Services. We reserve the right to deny access, use and
registration privileges to any user of the Services if we believe there is a
question about the identity of the person trying to access any account or
element of the Services. Company shall not be responsible or liable for any loss
or damage arising from your failure to comply with this Section 5.
6. Personal Information. We respect your privacy and the use and protection of
your personal information. In the course of your use of the Services, you may be
asked to provide certain personal information to us. Our information collection
and use policies with respect to the privacy of such personal information are
set forth in the Privacy Notice. We encourage you to read the Privacy Notice,
and to use it to help make informed decisions. You acknowledge and agree that
you are solely responsible for the accuracy and content of personal information.
The Privacy Notice is available at https://nypost.com/privacy/.
7. Payment, Pricing, and Related Terms. You must be 18 years of age or older to
make any purchase (e.g., subscriptions, one-time purchases, etc.) of the
Services, Content (as defined herein) or any other product or service offered
through the Services by us. If you are less than 18 years of age, and want to
make any such purchase, please ask your parent or guardian to complete the
purchase on your behalf. You hereby agree to pay in full the prices and fees
(including, without limitation, all applicable taxes) for any purchases that are
made using your User Account(s) or other information you supply to us via an
authorized payment method at the time of purchase. Company or its designees
reserves the right to change any and all prices for any Services and Content,
for any reason. Purchases may be governed by Additional Terms. Purchases may
also be controlled, handled, processed and/or fulfilled by third parties not
affiliated with Company (a “Third-Party Processor”). Where a Third-Party
Processor is responsible for controlling, handling, processing or fulfilling a
purchase, all payment and other obligations regarding such purchase may be
governed by the terms of use/service and privacy notice(s) of the Third-Party
Processor. Accordingly, you should familiarize yourself with the applicable
terms and policies imposed by any Third-Party Processor. Company makes no
warranty, and accepts no liability for loss or damage whatsoever, relating to
purchases with a Third-Party Processor and you are solely responsible for any
and all transactions utilizing your information (personal, financial or
otherwise) with a Third-Party Processor, including, but not limited to any and
all fees and charges. Moreover, you acknowledge and agree that in the event a
Third-Party Processor experiences a data breach that affects your information
(personal, financial or otherwise), Company will in no way be liable or
responsible to you for such breach.
8. User Conduct.
8.1 You are solely responsible for your conduct in connection with the Services.
We want to keep the Services enjoyable for everyone and the use of the Services
for unlawful or harmful activities is not allowed. While using the Services, you
will not:
(a) engage in or encourage conduct that would violate any applicable law, rule,
regulation, judicial or government order or give rise to civil liability or
violate or infringe upon any intellectual property, proprietary, privacy, moral,
publicity or other rights of ours or of any other person or entity; (b) submit,
post, email, display, transmit or otherwise make available through the Services
any material or take any action that is or is likely to be unlawful, harmful,
threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent,
invasive of another’s privacy or publicity rights, harassing, profane, obscene,
vulgar or that contains explicit or graphic imagery, descriptions or accounts of
excessive violence or sexual acts (including, without limitation, sexual
language of a violent or threatening nature directed at another individual or
group of individuals), contains a link to an adult website or is patently
offensive, promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual; (c) submit, post, email, display, transmit or otherwise
make available through the Services any material that you do not have a right to
make available under any law, rule or regulation or under contractual or
fiduciary relationships (such as inside information, proprietary or confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements), or otherwise creates a security or privacy risk for
any other person or entity; (d) engage in or encourage conduct that affects
adversely or reflect negatively on Company, its affiliates, or parent company,
the Services, our goodwill, name or reputation or causes duress, distress or
discomfort to us or anyone else, or discourage any person or entity from using
all or any portion, features or functions of the Services, or from advertising
or becoming a supplier to us in connection with the Services; (e) submit, post,
email, display, transmit or otherwise make available through the Services any
material that contains a software virus, worm, spyware, Trojan horse or other
computer code, file or program designed to interrupt, impair, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; (f) use the Services for commercial or business purposes, including,
without limitation, engaging in barter arrangements, pyramid schemes,
advertising, marketing or offering goods or services or exploiting information
or material obtained on, through or in connection with the Services, whether or
not for financial or any other form of compensation or through linking with
another website or service; (g) modify, disrupt, impair, alter or interfere with
the use, features, function, operation or maintenance of the Services or the
rights or use or enjoyment of the Services by any other user; (h) impersonate
any person or entity or falsely state or otherwise represent your affiliation
with a person, or entity; (i) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any content transmitted on, through or in
connection with the Services; (j) solicit passwords or personal identifying
information for commercial or unlawful purposes from other users; (k) engage in
spamming, flooding, harvesting of email addresses, other personal information or
content, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any
other activity designed to text and/or data mine with the purposes of collecting
user data, other information or Content; or (l) modify, reverse engineer,
decompile or disassemble any part of the Services, whether in whole or in part,
or create any derivative works from any part of the Services, or encourage,
assist or authorize any other person to do so.
Company assumes no responsibility for monitoring the Services for inappropriate
content or conduct. If at any time Company chooses in its sole discretion to
monitor the Services, Company nonetheless assumes no responsibility for User
Postings (as defined herein), assumes no obligation to modify or remove any User
Postings, and assumes no responsibility for the conduct of any user. Company
reserves the right to investigate and take appropriate legal action against
anyone who, in Company’s sole discretion, violates, or is suspected of
violating, this Section 8, including, without limitation, reporting you to law
enforcement authorities. Further, you acknowledge, consent and agree that
Company may access, preserve and disclose your account and registration
information and any other content or information if required to do so by law or
if based on a good faith belief that such access, preservation or disclosure is
reasonably necessary to (a) comply with the law or legal process; (b) enforce
these Terms; (c) respond to claims that any content or information violates the
rights of any third party; (d) respond to your requests for customer or
technical service; or (e) protect the rights, property or personal safety of
Company, users or any third parties including acting in urgent circumstances.
8.2 We do not accept any unsolicited ideas via the Services or otherwise from
outside the company including without limitation suggestions about advertising
or promotions, or merchandising of any products, additions to our services, or
changes in methods of doing business. We may already be working on or may in the
future work on a similar idea. This policy eliminates concerns about ownership
of such ideas. If, notwithstanding this policy, you submit an unsolicited idea
via the Services or otherwise, you understand and acknowledge that such idea is
not submitted in confidence and we assume no obligation, expressed or implied,
by considering it. You hereby grant Company an irrevocable, perpetual,
world-wide license to use the idea and any associated intellectual property in
any manner, in any medium now known or hereafter developed, without compensation
to you.
9. User Postings and Events.
9.1 The Services may provide you and other users with an opportunity to
participate in blogs, forums and other message, comment and communication
features and may provide you with the opportunity to submit, post, email,
display, transmit or otherwise make available comments, reviews, links,
materials, ideas, opinions, messages and other content and information via the
Services (each, a “User Posting”, and collectively, “User Postings”). You
understand, acknowledge and agree that all User Postings are the sole
responsibility of the person from which such User Postings originated and that
you are solely and entirely responsible for the consequences of all User
Postings that you submit, upload, post, email, display, transmit or otherwise
make available, including without limitation as set forth in Section 8. You may
not submit a User Posting is or may be construed as violating these Terms,
including, without limitation, Section 8 above, or is deemed to be unacceptable
to Company, as determined in Company’s sole discretion.
9.2 User Postings do not reflect the views of Company, its affiliates or parent
company, and you understand that by using the Services, you may be exposed to
other people’s User Postings that could be offensive, indecent or objectionable.
Company has the right, but not the obligation, to review any User Posting and to
delete, remove, move, edit or reject, without notice to you, for any reason or
for no reason whatsoever, any User Postings. Under no circumstances shall
Company be liable in any way for User Postings, including, without limitation,
errors or omissions in any User Postings, or any loss or damage of any kind
incurred as a result of any User Postings submitted, uploaded, posted, emailed,
displayed, transmitted or otherwise made available, nor shall Company have any
obligation or liability to you or any third party for not removing any User
Posting.
9.3 In connection with all User Postings you submit, post, email, display,
transmit or otherwise make available, you grant to Company the unrestricted,
worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free
right and license, in any form or format, on or through any media or medium and
with any technology or devices now known or hereafter developed, in whole or in
part, to host, cache, store, maintain, use, reproduce, distribute, display,
exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works
of, adapt, reformat, translate, and otherwise exploit all or any portion of your
User Posting on the Services and any other websites, channels, services, and
other distribution platforms, whether currently existing or developed in the
future, for any purpose whatsoever (including, without limitation, for any
promotional purposes) without accounting, notification, credit or other
obligation to you, and the right to license and sub-license and authorize others
to exercise any of the rights granted hereunder to Company, in our sole
discretion. For the avoidance of doubt, the rights, licenses and privileges
described in these Terms and granted to Company shall commence immediately upon
submission of your User Posting and shall continue thereafter perpetually and
indefinitely, regardless of whether you use the Services as a registered user or
not.
9.4 Company does not acquire any title or ownership rights in the User Postings
that you submit and/or make available, and Company’s sole right to utilize the
User Postings is set forth in Section 9.3, above. After you submit, post, email,
display, transmit or otherwise make available any User Posting, you continue to
retain any such rights that you may have in such User Posting, subject to the
rights, licenses and privileges granted herein. You also represent, warrant and
covenant that (a) you own the User Posting posted by you or otherwise have the
right to grant the rights, licenses and privileges described in these Terms and
to perform and comply with all of the requirements set forth herein; (b) your
submission, uploading, posting, emailing, displaying, transmission and/or making
available of User Postings does not violate these Terms, any rights of any other
party or entity, any of your obligations, any law, rule or regulation or
infringe upon, misappropriate or violate any intellectual property, proprietary,
privacy, moral, publicity or other rights of any party or entity; (c) you have
the legal right and capability to enter into these Terms and perform and comply
with all of its terms and conditions; and (d) you hold and shall continue to
hold all the ownership, license, proprietary and other rights necessary to enter
into, authorize, grant rights and perform your obligations under these Terms and
shall pay for all royalties, fees, and any other monies owing to any person or
entity by reason of your User Postings.
9.5 The Services may provide you and other users with an opportunity to appear
or participate in in-person and virtual events. If you participate in such
events, Company may record your voice, image (both video and static),
appearance, name, likeness, biographical information, and any statements you
make verbally or in writing (your “Likeness and Statements”). You hereby grant
to Company, as well as any third parties that Company may designate from time to
time, the fully-paid, royalty-free, sublicenseable, irrevocable license to copy,
display, perform, reproduce, make derivative works from, and otherwise use
separately, or together, your Likeness and Statements, in whole or in part, in
any and all media now known or hereafter developed, throughout the world, in
perpetuity, for any lawful purpose, including, without limitation, in connection
with (i) the subsequent broadcast, display, or dissemination of the events;
and/or (ii) the promotion or advertising of Company or any such third party.
10. Digital Millennium Copyright Act. If you are a copyright owner or an agent
thereof and believe that any content on the Services infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below)
with the following information in writing (see 17 U.S.C. 512(c)(3) for further
details):
* A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works on the Services are covered by a single
notification, a representative list of such works on the Services;
* Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to
locate the material;
* Information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and e-mail address;
* A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent or
the law; and
* A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following
Designated Agent:
NYP Holdings, Inc.
Copyright Agent
Attn. Legal Department
1211 Avenue of the Americas
New York, NY 10036
Email Address of Designated Agent: dmca@nypost.com
For clarity, only DMCA notices should be sent to the Designated Agent and any
other feedback, comments, requests for technical support, and other
communications should be directed to Company customer service by sending an
email to help@nypost.com. The Company has a policy of terminating repeat
infringers’ access to its Services in appropriate circumstances.
11. Certain Services Terms and Requirements.
11.1 Availability. You acknowledge that Company licenses some or all of the
Content under agreement from third parties, and that Company may add, delete or
disable Content, and/or add, delete, disable or modify some or all of the
Services, at its sole election, and you acknowledge: (a) that you may no longer
be able to use the Services to the same extent, or at all, as prior to such
change or discontinuation, and (b) that Company shall have no obligation or
liability to you in such case. In no event shall Company be liable for the
removal of, or disabling of access to, any Content, the Services, materials or
any features or portions of the Services. Company may also impose limits on the
use of or access to certain features or portions of the Content or the Services,
in any case and without notice or liability to you.
11.2 Device Requirements and Terms. In order to access and use the Services and
the Content, you may be required to use Device(s) and other technology meeting
certain system, configuration and other requirements established by Company, its
content partners, licensors and other third parties (e.g., storefront, network,
website, platform and other operators, etc.) (collectively, “Operators”), and
you are responsible for ensuring that your Device(s) and other technology meet
all such requirements at all times and prior to any purchase or order on or in
connection with the Services. Company is not responsible for any failure of the
Services or your inability to access the Services as a result of your use of
Device(s) that do not meet Company’s or its Operators’ system requirements. In
addition, you are responsible for any data access, messaging and other service
rates and charges you may incur in connection with your Device and/or use of the
Services.
11.3 Usage Rules. Certain Content and Services (in whole or in part) may be
accompanied by technology and/or other restrictions (e.g., digital rights
management technology) that protect digital information and content from
unauthorized use and access and may limit and restrict your usage of such
Content and Services in accordance with certain rules and restrictions
established by Company and/or Operators (“Usage Rules”). You agree to comply
with such Usage Rules at all times, and shall not violate or attempt to violate
any security components thereof. You further acknowledge and agree that the
Usage Rules may be controlled and monitored by Company and/or its designees for
compliance purposes, and Company reserves the right to enforce the Usage Rules
with or without notice to you.
11.4 Software License Grant and Restrictions on Use. Any software available in
connection with the Services is subject to United States export control laws. No
such software may be downloaded or otherwise exported or re-exported in
violation of United States export laws. Furthermore, any software is licensed,
not sold, to users. Subject to these Terms, Company agrees to permit you, on a
non-exclusive, revocable, non-transferable, non-sublicensable, limited basis, to
install and/or use the software on a single Device that you own or control,
provided that your installation and/or use of the software is solely (a) for
your own personal use; and (b) in accordance with the restrictions and
limitations set forth in these Terms. Without limiting the generality of the
foregoing, you shall not: (a) rent, lease, timeshare, license, distribute,
sublicense or otherwise transfer the software or any portion thereof; (b) make
copies of the software or any portion thereof; (c) reverse engineer, decompile
or disassemble any portion of the software; (d) create derivative works of or
from the software or any portion thereof; (e) incorporate the software or any
portion thereof, into any product or service; (f) use the software or any
portion thereof for commercial purposes; and (g) remove, alter or obscure any
copyright, trademark, trade name or other proprietary notices, legends, symbols
or labels that appear in the software. All rights not expressly granted to you
hereunder are reserved to us and our licensors.
11.5 Objectionable Material. You understand that by using the Services, you may
encounter Content that may be deemed offensive, indecent, or objectionable by
some, which Content may or may not be identified as such. Nevertheless, you
agree to use the Services at your sole risk and that Company shall have no
liability to you for Content that may be found to be offensive, indecent, or
objectionable.
12. Customer Support. For assistance with technical issues or customer support
inquiries, please refer to our support page
at https://nypost.com/customer-service/or send an email to help@nypost.com.
13. Third-Party Services and Content. The appearance, availability, or your use
of (a) URLs or hyperlinks referenced or included anywhere in connection with the
Services or any other form of link or re-direction of your connection to, with
or through the Services, or (b) any third-party websites, content, data,
information, applications, goods, services or materials (collectively,
“Third-Party Services”) does not constitute an endorsement by, nor does it incur
any obligation, responsibility or liability on the part of Company, its
affiliates, or parent company, or any of their respective successors and
assigns, directors, officers, employees, representatives, agents, licensors,
Advertisers, suppliers, Operators or service providers. We do not verify,
endorse, or have any responsibility for Third-Party Services and any third-party
business practices (including, without limitation, their collection and use of
personal and other information), whether the Services’ or Company’s logo and/or
sponsorship identification is on the Third-Party Services as part of a
co-branding or promotional arrangement or otherwise. Accordingly, we encourage
you to be aware when you leave the Services and to read the terms and conditions
and privacy notice of each Third-Party Service you use.
14. Advertisements. Access to the Content available on the Services is made
available to you in part due to the paid advertising that appears on the
Services. You agree that that you will not, and will not permit any third party
to, remove, obstruct, modify or otherwise interfere with the delivery or display
of advertisements on the Services. We reserve the right to suspend your access
to and/or re-insert advertisements in the event we detect any such interference
with the delivery or display of advertisements on the Services. Moreover, from
time to time, you may choose to communicate with, interact with, or obtain
Third-Party Services from our advertisers, sponsors, or other promotional
partners (collectively, “Advertisers”) found on or through the Services or via a
hyperlinked website or platform. All such communication, interaction and
participation is strictly and solely between you and such Advertisers and we
shall not be responsible or liable to you in any way in connection with these
activities or transactions (including, without limitation, any representations,
warranties, covenants, contracts or other terms or conditions that may exist
between you and the Advertisers or any goods or services you may purchase or
obtain from any Advertiser).
15. Promotions, Contests, and Sweepstakes. From time to time, Company, or the
Services’ operational service providers, suppliers, Operators, and Advertisers
may conduct promotions and other activities on, through or in connection with
the Services, including, without limitation, contests and sweepstakes
(collectively, “Promotions”). Each Promotion may have Additional Terms and/or
Rules which shall be posted or otherwise made available to you in connection
therewith, and your participation in such Promotions shall be subject to such
Additional Terms and/or Rules.
16. Assignment. These Terms, and any rights, licenses and privileges granted
herein, may not be transferred or assigned by you, but may be assigned or
transferred by Company without restriction, notice or other obligation to you.
17. Indemnity. You agree to indemnify, defend and hold Company, its affiliates,
and parent company, and their respective successors and assigns, directors,
officers, employees, representatives, agents, licensors, Advertisers, Operators,
suppliers and service providers harmless from any and all claims, liabilities,
damages, losses, costs and expenses (including reasonable attorneys’ fees),
arising in any way out of or in connection with (a) your use of the Services,
(b) your breach or violation these Terms, (c) your User Postings, or (d) any
violation by you of applicable law. Company reserves the right to assume the
exclusive defense and control of any matter subject to indemnification by you
and all negotiations for its settlement or compromise, and you agree to fully
cooperate with us upon our request.
18. DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SERVICES, AND ALL CONTENT,
PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION
THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR
ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS,
FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS
DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO
THE SERVICES AND THIS SITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR
PURPOSE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY
DISCLAIMED. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SERVICES OR ANY CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE ON, THROUGH
OR IN CONNECTION THEREWITH WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKES THEM
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT
PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE,
INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Without limiting the foregoing, we are not responsible or liable for any
viruses, malicious code, delays, inaccuracies, errors, or omissions arising out
of your use of the Services. You understand, acknowledge and agree that you are
assuming the entire risk as to the quality, accuracy, performance, timeliness,
adequacy, completeness, correctness, authenticity, security and validity of any
and all features and functions of the Services, including, without limitation,
User Postings and Content associated with your use of the Services.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
COMPANY, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS,
SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS (THE “RELEASED PARTIES”, SHALL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION
WITH OR ARISING FROM USE OF THE SERVICES OR FROM THESE TERMS, INCLUDING, WITHOUT
LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE EXCEED THE LESSER OF THE TOTAL DOLLAR AMOUNT, IF
ANY, PAID BY YOU TO COMPANY FOR USE OF THE SERVICES AND $100. Some jurisdictions
do not allow for the exclusion of certain warranties or certain limitations on
damages and remedies, accordingly some of the exclusions and limitations
described in these Terms may not apply to you.
19. DISPUTE RESOLUTION, AGREEMENT TO ARBITRATE, AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“Arbitration
Agreement”) CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR
RIGHT TO BRING A LAWSUIT IN COURT.
19.1 APPLICABILITY OF ARBITRATION AGREEMENT. You agree to the following dispute
resolution provisions of this Section 19 with respect to any dispute, claim, or
request for relief relating in any way to your access or use of the Services, to
any Services sold or distributed through the Website, or to any aspect of your
relationship with the Company (“Dispute”) and any lawsuit, arbitration or other
proceeding that may
arise out of such Dispute (each, an “Action”).
The terms of Section 19 apply to all Disputes, even if the actions or
relationship giving rise to such Disputes occurred prior to this version of the
Terms (or such modification). However, these Dispute Resolution terms do not
apply to any Dispute as to which you have personally initiated a lawsuit or
arbitration prior to agreeing to these Terms.
Each provision of this Section 19 applies to the maximum extent permitted by
law.
Covered Disputes. If you live in the United States, any Dispute between You and
the Company (collectively, the “Parties”) is a Covered Dispute, with the
following exceptions: (1) to the extent you have in any manner violated or
threatened to violate our intellectual property rights, our suit to enforce such
intellectual property rights including by injunction; or (2) any claim that
involves an amount in controversy that is equal to or greater than $75,000.
If a Dispute is a Covered Dispute, the Mandatory Dispute Resolution Provisions
for U.S. Users (as described in Sec 19.3 below) apply. If there is any dispute
between the Parties as to whether a Dispute is a Covered Dispute, that dispute
shall be resolved in the state or federal courts located in the County of New
York.
19.2 DISPUTE RESOLUTION PROVISIONS APPLICABLE TO ALL USERS
CLASS ACTION AND JURY WAIVER. THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION, MASS ACTION, GROUP ACTION, REPRESENTATIVE ACTION,
AND/OR COLLECTIVE ACTION IN ANY DISPUTE. EACH PARTY MAY PROCEED AS TO ANY
DISPUTE ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ACTION, GROUP ACTION,
REPRESENTATIVE ACTION, AND/OR COLLECTIVE ACTION.
Applicable Law. These Terms and your use of the Services are governed by,
construed and enforced in accordance with the internal substantive laws of the
State of New York, United States, regardless of the State’s conflict of laws
provisions. However, any question as to whether a Dispute is a Covered Dispute
(as defined above) and/or whether a Dispute is subject to the Mandatory Dispute
Resolution Provisions for U.S. Users is to be decided by applying the provisions
of the Federal Arbitration Act, Title 9 of the U.S. Code (“FAA”).
Choice of Venue. For any Action allowed to proceed in court (including but not
limited to any claim that involves an amount in controversy that is equal to or
greater than $75,000, any claim related to whether a Dispute is a Covered
Dispute, or any suit to enforce our intellectual property rights including by
injunction), or to enforce the terms of this Agreement, the Parties agree to
exclusive personal jurisdiction and venue in the state or federal courts located
in the County of New York.
Informal Dispute Resolution Required. Before initiating an Arbitration (as
defined below) or any other type of Action or adversary proceeding, the Parties
agree to use commercially reasonable efforts to settle any Covered Dispute (as
defined above) directly through consultation and good faith negotiations
according to the following process (“Informal Dispute Resolution Process”),
which shall be a precondition to either Party initiating an Arbitration.
i. If you have a Covered Dispute with us, you must send an individualized,
written notice describing the Covered Dispute to us to NYP Holdings, Inc., Attn:
Legal Department, 1211 Avenue of the Americas, New York, NY 10036. If we have a
Covered Dispute with you, we will send a written notice to you using the contact
information we have for you. ii. Promptly following receipt of such notice, we
will personally meet, via telephone or videoconference, in a good-faith effort
to confer with each other and try to resolve informally any Covered Dispute
covered by this Agreement. iii. If you are represented by counsel, your counsel
may participate in the conference as well, but you agree to fully participate in
the conference personally. Likewise, if we are represented by counsel, our
counsel may participate in the conference as well, but we agree to have a
company representative fully participate in the conference. iv. The statute of
limitations and any filing fee deadlines shall be tolled while the Parties
engage in the Informal Dispute Resolution Process required by this paragraph. v.
If the Covered Dispute is not resolved within 60 days of the opposing Party
receiving the notice, then either you or we may proceed in accordance with the
below Mandatory Dispute Resolution Provisions. vi. Failure to complete the
Informal Dispute Resolution Process is grounds for dismissal of any Arbitration
(as defined below) and the Party initiating such Action will be required to pay
any reasonable costs and fees of the other Party.
19.3 MANDATORY DISPUTE RESOLUTION PROVISIONS FOR U.S. USERS
i. Agreement to Arbitrate Covered Disputes. Any Covered Dispute that the parties
cannot resolve through the Informal Dispute Resolution Process (as defined
above) must be brought on an individual basis and will be resolved exclusively
by final and binding arbitration (“Arbitration”) before an arbitrator mutually
selected by the Parties (the “Arbitrator”). The Arbitrator must have experience
with the subject matter of the Dispute, and be a former federal or state court
judge. The Parties intend the FAA to apply to ensure enforcement of these
Mandatory Dispute Resolution Provisions for U.S. Users. Your agreement to these
Mandatory Dispute Resolution Provisions for U.S. Users is material to Company
offering the Services, as Company could not offer the Services for free or at
the price charged without the cost savings provided thereby ii. Arbitrator
Selection. The parties will meet and confer in good faith to select an
arbitrator. For purposes of this Section, good-faith meet-and- confer efforts
require that each party propose at least three arbitrators who meet the
qualifications described in these Terms. If, after 60 days of good faith meet
and confer efforts, the Parties are unable to agree on an arbitrator, either
Party may petition the state or federal courts located in the County of New York
to appoint an arbitrator meeting the requirements herein from the arbitrators
proposed by the parties. iii. Rules Selection. The Arbitration shall be
administered pursuant to JAMS’ Streamlined Arbitration Rules and Procedures or
other comparable rules to which the parties agree. The selection of JAMS rules
does not mean that JAMS will administer the Arbitration or appoint the
Arbitrator. iv. Conduct of Arbitration. The Arbitration shall be conducted via
electronic or telephonic means. If the Party seeking Arbitration fails to appear
at the administrative conference regardless of whether such Party’s counsel
attends, the Arbitrator will administratively close the Arbitration proceeding
without prejudice, unless such Party shows good cause as to why they were not
able to attend the conference. v. Arbitration Costs. If the Arbitrator finds
that the costs and fees of an Arbitration you initiate will be prohibitive for
you as compared to the costs of litigation, we will pay as much of your filing,
arbitrator, and hearing fees in the Arbitration as the Arbitrator deems
necessary to prevent the Arbitration from being cost-prohibitive, regardless of
the outcome of the Arbitration, unless the Arbitrator determines that your
claim(s) were frivolous or asserted in bad faith. If we initiate an Arbitration
against you, we will pay all costs associated with the Arbitration (other than
your attorneys’ fees and expenses unless permitted to be recovered under the
arbitration rules or applicable law). vi. No Opt Out Rights. You do not have the
right to opt out of the Dispute Resolution section. Rather, your sole remedy if
you do not accept these Terms of Use (including this Dispute Resolution section)
is to stop using the Services. vii. Company Right To Terminate Mandatory Dispute
Resolution Program. At any time, Company may terminate its agreement to Section
19.3. That termination will not affect any Action that has already been
initiated. viii. Arbitration Agreement Survival. This Arbitration Agreement will
survive the termination of your relationship with Company.
20. Miscellaneous. These Terms contains the entire understanding and agreement
between you and Company concerning the Services and supersedes any and all prior
or inconsistent understandings relating to the Services and your use thereof.
These Terms cannot be changed orally, nor may these Terms be modified except as
expressly authorized in these Terms. If any provision of these Terms is held to
be illegal, invalid or unenforceable, this shall not affect any other provisions
and these Terms shall be deemed amended to the extent necessary to make it
legal, valid and enforceable. Any provision that must survive in order to allow
us to enforce its meaning shall survive the termination of these Terms. The
failure of Company to exercise or enforce any right or provision of these Terms
will not operate as a waiver of such right or provision.
21. Terms Pertaining to Certain Third Party Content, Data and Information
Providers and Mobile Application Platforms.
21.1 AP Material. By accessing the Services, you specifically acknowledge and
agree that (i) Associated Press text, photo, graphic, video and/or audio
material shall not be published, broadcast, rewritten for broadcast or
publication or redistributed directly or indirectly in any medium; (ii) No
Associated Press materials nor any portion thereof may be stored in a computer
except for personal and non-commercial use; (iii) The Associated Press will not
be held liable for any delays, inaccuracies, errors or omissions therefrom or in
the transmission or delivery of all or any part thereof or for any damages
arising from any of the foregoing; (iv) The Associated Press is an intended
third party beneficiary of these terms and conditions and it may exercise all
rights and remedies available to it; and (v) The Associated Press reserves the
right to audit possible unauthorized commercial use of AP materials or any
portion thereof at any time.
21.2 Mobile Applications. If you access the Services through a mobile
application or other type of third party platform, the applicable End User
License Agreement for the platform through which you downloaded the mobile
application may apply in addition to these Terms and you agree that you are
subject to such terms in addition to these Terms.
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© 2024 NYP Holdings, Inc. All Rights Reserved Terms of Use Membership Terms
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WE VALUE YOUR PRIVACY
We and our 85 partners store and/or access information on a device, such as
unique IDs in cookies to process personal data. You may accept or manage your
choices by clicking below, including your right to object where legitimate
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WE AND OUR PARTNERS PROCESS DATA TO PROVIDE:
Actively scan device characteristics for identification. Use precise geolocation
data. Store and/or access information on a device. Personalised advertising and
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work. These cookies do not store any personally identifiable information.
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These cookies may be set through our site by our advertising partners. They may
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Cookies, device or similar online identifiers (e.g. login-based identifiers,
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Information about your activity on this service (for instance, forms you
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other information about you (such as your previous activity on this service
or other websites or apps) or similar users. This is then used to build or
improve a profile about you (which might for example include possible
interests and personal aspects). Your profile can be used (also later) to
present content that appears more relevant based on your possible interests,
such as by adapting the order in which content is shown to you, so that it is
even easier for you to find content that matches your interests.
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Content presented to you on this service can be based on your content
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services (for instance, the forms you submit, content you look at), possible
interests and personal aspects, such as by adapting the order in which
content is shown to you, so that it is even easier for you to find
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Information regarding which advertising is presented to you and how you
interact with it can be used to determine how well an advert has worked for
you or other users and whether the goals of the advertising were reached. For
instance, whether you saw an ad, whether you clicked on it, whether it led
you to buy a product or visit a website, etc. This is very helpful to
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Information regarding which content is presented to you and how you interact
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whether you read an article, watch a video, listen to a podcast or look at a
product description, how long you spent on this service and the web pages you
visit etc. This is very helpful to understand the relevance of
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Reports can be generated based on the combination of data sets (like user
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Information about your activity on this service, such as your interaction
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Content presented to you on this service can be based on limited data, such
as the website or app you are using, your non-precise location, your device
type, or which content you are (or have been) interacting with (for example,
to limit the number of times a video or an article is presented to you).
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With your acceptance, certain characteristics specific to your device might be
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fonts or plugins, the resolution of your screen) in support of the purposes
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of content and ads and in your interaction with them.
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Information about your activity on this service may be matched and combined with
other information relating to you and originating from various sources (for
instance your activity on a separate online service, your use of a loyalty card
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this notice.
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In support of the purposes explained in this notice, your device might be
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household (for instance because you are logged in to the same service on both
your phone and your computer, or because you may use the same Internet
connection on both devices).
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Certain information (like an IP address or device capabilities) is used to
ensure the technical compatibility of the content or advertising, and to
facilitate the transmission of the content or ad to your device.
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IDENTIFY DEVICES BASED ON INFORMATION TRANSMITTED AUTOMATICALLY 42 PARTNERS CAN
USE THIS PURPOSE
Always Active
Your device might be distinguished from other devices based on information it
automatically sends when accessing the Internet (for instance, the IP address of
your Internet connection or the type of browser you are using) in support of the
purposes exposed in this notice.
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USE PRECISE GEOLOCATION DATA 27 PARTNERS CAN USE THIS PURPOSE
Use precise geolocation data No Consent
With your acceptance, your precise location (within a radius of less than 500
metres) may be used in support of the purposes explained in this notice.
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