General
Please read these terms and conditions carefully. These terms and conditions constitute an agreement between you and Newspaper Association of America (“NAA”). This agreement (“Terms of Service”) governs your use of this Web site operated by NAA ("NAA Web Site").
NAA offers the NAA Web Site and the information contained herein (the “NAA Services”) to you conditioned on your acceptance, without modification, of this Agreement. By using the NAA Website and the NAA Services, you are indicating that you have read, acknowledge, and agree to be bound by this Agreement as legally binding as if you signed a written document. If you do not agree to all Terms of Service, do not access this website.
NAA may modify or terminate the NAA Services and/or these Terms of Service from time to time, for any reason, and without notice, without liability to you or any other user or third party. You are responsible for regularly reviewing and complying with this Agreement. Your continued use of the NAA Web Site constitutes your acceptance of and agreement to any such changes. NAA may terminate or suspend access to the NAA Web Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the NAA Web Site will immediately cease and any information you have stored on the NAA Web Site may not be retrieved thereafter.
Intellectual Property
Unless otherwise noted, NAA owns the copyright to the content on the NAA Web Site. All rights reserved. The words or symbols, “NAA”, NAA logo, and other marks displayed on the NAA Web Site, may be trademarks or registered trademarks of NAA in the United States and/or other countries. The names of companies and products mentioned may be the trademarks of their respective owners. No association with any company, organization, product, domain name, e-mail address, logo, person, place or event is intended or should be inferred unless otherwise expressly stated. Any rights not expressly granted herein are reserved. Content presented through the NAA Services, including in sponsor advertisements, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NAA, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the NAA Services, in whole or in part. You may not reformat or display the NAA Services, or mirror or frame the NAA Web Site on your Web Site.
Your use of the NAA Services is subject to the NAA Privacy Policy. Click here to review the NAA Privacy Policy.
As you use the NAA Web Site, you may receive or access information and other content originated by persons other than NAA ("Third Party Content"). You acknowledge and agree that NAA, its affiliates, parents, subsidiaries, customers, clients, sellers, licensors, distributors, service providers and/or suppliers, officers, agents and employees ("NAA Entity" or the "NAA Entities") are not responsible or liable for Third Party Content including, without limitation, any illegal, inaccurate, infringing, obscene, indecent, threatening, offensive or defamatory content.
You will not use the NAA Web Site in a way that is unlawful or that harms, as determined in NAA's sole discretion, NAA or the NAA Entities.
Inappropriate Uses
You agree not to use the NAA Web Site or NAA Services to:
Upload or transmit material that is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or otherwise objectionable;
Upload or transmit content that infringes patent, trademark, trade secret, copyright, or other proprietary rights of any party or that you do not have a right to transmit under law or contractual or fiduciary relationships and agreements;
Post or transmit unauthorized or unsolicited advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or other solicitation;
Post, transmit, or create a hyperlink to any material that contains computerviruses,, codes, files, or other programming intended to interrupt or harm the NAA Web Site or computer or telecommunications equipment functionality;
Interfere with, disrupt, or make excessive or harmful automated use of the NAA Services, servers or networks;
Impersonate or misrepresent affiliation with NAA or other person or entity;
Collect or store personal data about other users, or solicit passwords or personal identifying information for unintended, commercial or unlawful purposes.
Engage in commercial activities within the NAA Web Site without prior approval, including without limitation the display of commercial banners.
You agree to comply with all applicable laws regarding transmission of data exported from the United States or the country in which you reside. The user is solely responsible for his or her actions when using the Service including without limitation costs incurred for the user's Internet access.
Social Networking
Some areas of the NAA Web Site ( “Community Web Site”) provide ways for users to interact, such as chats, discussion groups, blogging, file sharing, uploading photographs, and the like. Users will be given different levels of access to the Community Web Site, depending upon their relationship to NAA. Users who do not register will remain anonymous and will not be able to participate in the interactive features of the Community Web Site. Anonymous users may browse the public areas of the Community Web Site. Users who wish to interact with other users and access password protected areas of the Community Web Site must register by providing a valid business e-mail address, and creating a password. All registered users will be able to create profiles. Non-NAA members who register will have limited, read-only access to certain password protected areas. Registered NAA members will be able to interact with other users in their related community forums, share files, and access additional password protected areas not available to non-NAA members, for example membership correspondence/alerts, blogs and photo galleries. Registered NAA staff will have the same access as NAA members and additionally will be able to create and post blogs and photographs. NAA reserves the right to remove any content provided by the user that violates these Terms of Service and/or terminate your access to the NAA Web Site, including the Community Web Site if NAA determines, in its sole discretion, that you have violated these Terms of Service. In the case of registration- or password-protected areas of the NAA Web Site, the NAA Services may include premium, confidential or non-confidential materials, including without limitation photographs. You acknowledge and agree that such materials may be subject to confidentiality, privacy, proprietary rights or other legal restrictions. In no event shall you publish, retransmit, redistribute or otherwise reproduce in any format to anyone the information contained in password-protected areas of the NAA Website. You may not hyperlink to any password-protected section of the NAA Web Site. You agree to maintain the confidentiality of any password that we provide to you or that you choose, which protects access to any area of the NAA Website.
Other than information protected by the NAA Privacy Policy, for any materials, including photographs, that you post, submit or otherwise provide to NAA for posting on any area of the NAA Web Site ("User Content"), you grant to NAA a non-exclusive, royalty-free and world-wide license to use, copy, reproduce, distribute, transmit, publicly display, publicly perform, edit, translate, reformat, and create derivative works from your User Content in connection with the NAA Web Site, including the Community Web Site, and to sublicense these rights in connection with the NAA Web Site, including the Community Web Site. For any and all User Content, you represent that you have all rights necessary to make the grants contained herein. In addition, you expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the User Content; and represent and warrant: (i) that any photograph that you post or provide is either a picture of you or that duplication or display of the photograph will not violate any rights of or require any compensation to any person or entity, (ii) that you are the copyright owner of the User Content or have all rights necessary to authorize its use or distribution and (iii) that you are eighteen years of age or older, and that no minors are included in the paragraph without consent of the minor’s parent or guardian. You understand that, once your User Content is posted, anyone can download and/or distribute that User Content.
Indemnification
You agree to indemnify and hold NAA and the NAA Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your User Content, your use of the NAA Services, your violation of this Agreement, or your violation of any rights of another, whether you are a registered user or not. You expressly waive any and all claims that you may have against the NAA Entities from any and all liability arising from or related to the submission or use of the User Content. NAA is under no obligation to display or otherwise use your User Content and may remove your User Content at any time and for any reason. You understand and agree that NAA does not pre-screen User Content but that NAA shall have the right, but not the obligation, in its sole discretion, to refuse, edit or remove, in whole or in part, any User Content including, without limitation, any content that violates the Terms of Service or that is or is alleged to be offensive, objectionable, or infringing of intellectual property rights. By posting or otherwise transmitting User Content to the NAA Web Site, including the Community Web Site, you acknowledge and agree that NAA and the NAA Entities may have access to and/or may create or have created materials or ideas that may be similar or identical to your User Content, and that, unless otherwise expressly agreed to in writing by an authorized NAA representative, you will not be entitled to compensation or liability because of use by NAA or the NAA Entities of similar or identical material independently created, conceived or developed for any purposes whatsoever, including without limitation, developing, manufacturing or marketing products or services.
You acknowledge and agree that NAA is not responsible or liable for incompatibility between the NAA Web Site and other sites, services, software or hardware. NAA is not responsible or liable for damages or costs of any type arising from or connected with your use of services available from third parties though links contained on the NAA Web Site. You understand and agree that areas of the NAA Web Site may include advertisements at NAA's discretion and that NAA has the right to run such advertisements with or without notice or recompense to you or any other user. You agree that your correspondence or dealings with advertisers found on or through the NAA Web Site, including goods, services, payment, delivery, terms, conditions, warranties or representations, are solely between you and such advertiser and that NAA shall not be responsible for loss or damage incurred as the result of such dealings or the presence of advertisers on the NAA Web Site.
Disclaimer of Warranties.
NAA does not warrant or guarantee and expressly disclaims any and all responsibility or liability for the accuracy, completeness, reliability, security, timeliness, operability or availability of information or material displayed in the NAA web site, including the community web site. NAA disclaims any responsibility for the untimely delivery or receipt, deletion, omission, or failure to store, or of any content, information or material. Nothing contained in the NAA web site constitutes an offer or solicitation to buy or sell advertising or any other product or service. The NAA services, and all information, materials, services and products included in the services are provided "as is," with no representations or warranties whatsoever. NAA and the NAA entities expressly disclaim, to the fullest extent permitted by law, all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, accuracy, title, quiet enjoyment, no encumbrances, no liens, workmanlike effort, non-infringement, course of dealing, or that access to or use of the NAA services will be uninterrupted or error-free. You understand and agree that you download or otherwise obtain or use material or data through the NAA services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability.
Under no circumstances shall NAA or the NAA entities be liable to any user arising from that user's use or misuse of or reliance on the NAA services or from any claim relating to this agreement. NAA shall not be liable for any harm caused by the transmission through the website of a computer virus, or other computer code, or programming device that may be used to access, modify, delete, damage, corrupt, or otherwise impede or harm in any manner the operation of the NAA web site or your software, hardware, data, or property. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence) or otherwise, even if NAA or the NAA entities have been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the NAA services, from inability to use the NAA services, performance or non-performance of the NAA services, or from the interruption, suspension, or termination of the NAA services (including such damages incurred by any third parties). This limitation shall also apply with respect to damages incurred by reason of other services, goods or information received through the NAA services or received through any links or references provided in the NAA services. This limitation shall also apply, without limitation, to lost data, lost profits, or the costs of procurement of substitute goods or services. Such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall NAA or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. If you are dissatisfied with the NAA web site, do not agree with any part of this agreement, or have any other dispute or claim with or against any NAA entity with respect to this agreement or the NAA web site, then your sole and exclusive remedy is to discontinue using the NAA web site . Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Termination of Users
Pursuant to 17 U.S.C. 512 (i), NAA has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the NAA Web Site who are repeat infringers. NAA may terminate access for users or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions.
Interim Designation of Agent
Pursuant to 17 U.S.C. 512(c), NAA has designated the following agent to receive notifications of claimed infringement: René P. Milam, Vice President and General Counsel, Newspaper Association of America, 4401 Wilson Blvd., Suite 900, Arlington, VA 22203-1820. Telephone number of designated agent is 571-366-1000 and the electronic mail address of the agent is DMCAagent@naa.org . This e-mail address is intended solely for receipt of legal “Notifications of Claimed Infringement” under the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. 512, and is not intended for general inquiries or communications.
Governing Law
These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized NAA representative. NAA may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, under this Agreement or in area of the NAA Web Site.
This is an agreement ("Agreement") between you and Newspaper Association of America (“NAA”). This Agreement governs your use of this Web site operated by NAA ("NAA Web Site").
NAA offers the NAA Web Site and the information contained herein (the “NAA Services”) to you conditioned on your acceptance, without modification, of this Agreement. By using the NAA Website and the NAA Services, you agree to be bound by these terms and conditions ("Terms of Service"). The NAA Services are made available for your licensed use only.
NAA may modify or terminate the NAA Services and/or these Terms of Service from time to time, for any reason, and without notice, without liability to you or any other user or third party. Your continued use of the NAA Web Site constitutes your acceptance of and agreement to such changes. NAA may terminate or suspend access to the NAA Web Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the NAA Web Site will immediately cease and any information you have stored on the NAA Web Site may not be retrieved thereafter.
Content of the NAA Web Site is © 2007 Newspaper Association of America and/or its suppliers. All rights reserved. NAA, NAA logo, and other marks displayed on the NAA Web Site may be trademarks or registered trademarks of NAA in the United States and/or other countries. The names of companies and products mentioned may be the trademarks of their respective owners. No association with any company, organization, product, domain name, e-mail address, logo, person, place or event is intended or should be inferred unless otherwise expressly stated. Any rights not expressly granted herein are reserved. Content presented through the NAA Services, including in sponsor advertisements, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NAA, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the NAA Services, in whole or in part. You may not reformat or display the NAA Services, or mirror or frame the NAA Web Site on your Web Site.
Your use of the NAA Services is subject to the NAA Privacy Policy. Click here to review the NAA Privacy Policy.
As you use the NAA Web Site, you may receive or access information and other content originated by persons other than NAA ("Third Party Content"). You acknowledge and agree that NAA and the NAA Entities are not responsible or liable for Third Party Content including, without limitation, any illegal, inaccurate, infringing, obscene, indecent, threatening, offensive or defamatory content.
You will not use the NAA Web Site in a way that is unlawful or that harms NAA, its affiliates, parents, subsidiaries, customers, clients, sellers, licensors, distributors, service providers and/or suppliers, officers, agents and employees ("NAA Entity" or the "NAA Entities") as determined in NAA's sole discretion.
You agree not to use the NAA Web Site or NAA Services to:
Upload or transmit material that is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or otherwise objectionable;
Upload or transmit content that infringes patent, trademark, trade secret, copyright, or other proprietary rights of any party or that you do not have a right to transmit under law or contractual or fiduciary relationships and agreements;
Post or transmit unauthorized or unsolicited advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or other solicitation, or material that contains software viruses or code, files or programs meant to interrupt or harm computer or telecommunications equipment functionality;
Interfere with, disrupt, or make excessive or harmful automated use of the NAA Services, servers or networks;
Impersonate or misrepresent affiliation with NAA or other person or entity;
Collect or store personal data about other users, or solicit passwords or personal identifying information for unintended, commercial or unlawful purposes.
Engage in commercial activities within the NAA Web Site without prior approval, including without limitation the display of commercial banners.
You agree to comply with all applicable laws regarding transmission of data exported from the United States or the country in which you reside. The user is solely responsible for his or her actions when using the Service including without limitation costs incurred for the user's Internet access.
Some areas of the NAA Web Site may allow users to chat or to post comments. Registration, valid email address, password verification, and/or membership may be required to access some or all areas or to post comments or chat. In the case of registration- or password-protected areas of the NAA Web Site, the NAA Services may include premium, confidential or non-confidential information. You acknowledge and agree that such information may be subject to confidentiality, privacy, proprietary rights or other legal restrictions. In no event shall you publish, retransmit, redistribute or otherwise reproduce in any format to anyone the information contained in password-protected areas of the NAA Website. You may not link to any password-protected section of the NAA Web Site. You agree to maintain the confidentiality of any password we provide to you or that you choose that protects access to any area of the NAA Website.
For materials that you post, submit or otherwise provide to NAA related to the NAA Web Site (other than information protected by the NAA Privacy Policy), such as chat, comments or any other information or materials ("User Content"), you grant to NAA a non-exclusive, royalty-free and world-wide license to use, copy, reproduce, distribute, transmit, publicly display, publicly perform, edit, modify, translate, reformat, and create derivative works from your User Content in connection with the NAA Web Site, and to sublicense these rights in connection with the NAA Web Site. For any and all User Content, you represent that you have all rights necessary to make the grants contained herein. You agree to indemnify and hold NAA and the NAA Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your User Content, your use of the NAA Services, your violation of this Agreement, or your violation of any rights of another , whether you are a registered user or not. NAA is under no obligation to display or otherwise use your User Content and may remove your User Content at any time. You understand and agree that NAA does not pre-screen User Content but that NAA shall have the right, but not the obligation, in its sole discretion, to refuse, edit or remove, in whole or in part, any User Content including, without limitation, any content that violates the Terms of Service or that is or is alleged to be offensive, objectionable, or infringing of intellectual property rights. By posting or otherwise transmitting User Content to the NAA Web Site, you acknowledge and agree that NAA and the NAA Entities may have access to and/or may create or have created materials or ideas that may be similar or identical to your User Content, and that, unless otherwise expressly agreed to in writing by an authorized NAA representative, you will not be entitled to compensation or liability because of use by NAA or the NAA Entities of similar or identical material independently created, conceived or developed for any purposes whatsoever, including without limitation, developing, manufacturing or marketing products or services.
You acknowledge and agree that NAA is not responsible or liable for incompatibility between the NAA Web Site and other sites, services, software or hardware. NAA is not responsible or liable for damages or costs of any type arising from or connected with your use of services available from third parties though links contained on the NAA Web Site. You understand and agree that areas of the NAA Web Site may include advertisements at NAA's discretion and that NAA has the right to run such advertisements with or without notice or recompense to you or any other user. You agree that your correspondence or dealings with advertisers found on or through the NAA Web Site, including goods, services, payment, delivery, terms, conditions, warranties or representations, are solely between you and such advertiser and that NAA shall not be responsible for loss or damage incurred as the result of such dealings or the presence of advertisers on the NAA Web Site.
DISCLAIMER OF WARRANTIES. NAA DOES NOT WARRANT OR GUARANTEE AND EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, TIMELINESS, OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE NAA WEB SITE. NAA DISCLAIMS ANY RESPONSIBILITY FOR THE UNTIMELY DELIVERY OR RECEIPT, DELETION, OMISSION, OR FAILURE TO STORE, OR OF ANY CONTENT, INFORMATION OR MATERIAL. NOTHING CONTAINED IN THE NAA WEB SITE CONSTITUTES AN OFFER OR SOLICITATION TO BUY OR SELL ADVERTISING OR ANY OTHER PRODUCT OR SERVICE. THE NAA SERVICES, AND ALL INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED IN THE SERVICES ARE PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NAA AND THE NAA ENTITIES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, WORKMANLIKE EFFORT, NON-INFRINGEMENT, COURSE OF DEALING, OR THAT ACCESS TO OR USE OF THE NAA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN OR USE MATERIAL OR DATA THROUGH THE NAA SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY . UNDER NO CIRCUMSTANCES SHALL NAA OR THE NAA ENTITIES BE LIABLE TO ANY USER ARISING FROM THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE NAA SERVICES OR FROM ANY CLAIM RELATING TO THIS AGREEMENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF NAA OR THE NAA ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE NAA SERVICES, FROM INABILITY TO USE THE NAA SERVICES, PERFORMANCE OR NON-PERFORMANCE OF THE NAA SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE NAA SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, GOODS OR INFORMATION RECEIVED THROUGH THE NAA SERVICES OR RECEIVED THROUGH ANY LINKS OR REFERENCES PROVIDED IN THE NAA SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO LOST DATA, LOST PROFITS, OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL NAA OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. I F YOU ARE DISSATISFIED WITH THE NAA WEB SITE, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY NAA ENTITY WITH RESPECT TO THIS AGREEMENT OR THE NAA WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NAA WEB SITE . SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Pursuant to 17 U.S.C. 512 (i), NAA has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the NAA Web Site who are repeat infringers. NAA may terminate access for users or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions.
Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c): Address: Newspaper Association of America, 4401 Wilson Blvd., Suite 900, Arlington, VA 22203-1867. Name of Agent Designated to Receive Notification of Claimed Infringement: René P. Milam, Vice President and General Counsel, Legal & Employee Relations. Address of Designated Agent to Which Notification Should be Sent: Newspaper Association of America, 4401 Wilson Blvd., Suite 900, Arlington, VA 22203-1867. Telephone Number of Designated Agent: 571-366-1000. Email Address of Designated Agent: DMCAagent@naa.org . This email address is intended solely for receipt of legal “Notifications of Claimed Infringement” under the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. 512, and is not intended for general inquiries or communications.
These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, t he invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized NAA representative. NAA may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, under this Agreement or in the NAA Web Site.