Terms of Service – westsidevoicela.com

Last Updated: April 25, 2024

Welcome to Breaking News 123.

These Terms of Use are a legal agreement between you and The Associated Press and its affiliates (referred to together as “we,” “us,” “our,” and other similar pronouns). These Terms of Use specify the terms under which you may access and use NB’S web site located at https://apnews.com (the “Site”), NB’S digital news experiences, NB’S mobile application (the “App”), other BN digital properties, and any related services (together, the “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES as they contain important information about your legal rights and obligations. If you do not understand these or any future Terms of Use, or if you do not or cannot agree to these or any future Terms of Use, do not use (or continue to use) the Services.

Binding Arbitration and Class Action Waiver. SECTION 16 OF THESE TERMS OF USE, TITLED “BINDING ARBITRATION AND CLASS ACTION WAIVER,” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE PROVISIONS CAREFULLY.

Table of Contents

1. SCOPE OF TERMS OF USE

Acceptance. By accessing or using our Services or otherwise demonstrating your acceptance of these Terms of Use, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use. If you do not agree to any of these terms and conditions, then please do not use the Services. The terms and conditions in these Terms of Use, together with any other policies, rules, or provisions that are described, linked, or otherwise referred to and form a part of these Terms of Use, including, without limitation, the Privacy Policy (together, these “Terms of Use”), constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations, or agreements regarding the Services. Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

Right to Modify. We reserve the right to modify, update, add to, or delete from (together, “revise”) these Terms of Use at our sole discretion at any time by posting a revised version of these Terms of Use on this page. We will notify you of any changes to these Terms of Use by posting the revised Terms of Use and the “Last Updated” date on the Services. If a revision is material, we may also provide you with notification via email or via the web site. By accessing or using the Services after we make any such revisions to these Terms of Use, you are deemed to have accepted the revisions. Please refer back to these Terms of Use on a regular basis you can stay informed of any revisions.

Effective Period. These Terms of Use, including any posted revisions and any incorporated documents, shall remain in full force and effect while you use the Services.

“Use” and “User.” Note that “use” of the Services includes any actual or attempted access to or use of the Services, including, without limitation, any access to, transmission of, exchange of information with, use of, or communication associated with the Services. As used in these Terms of Use, a “user” is anyone who uses the Services.

New Developments. If any new aspects, features, components, or developments of the Services become available, they will be considered a part of the Services and your use of them will be governed by these Terms of Use unless we notify you that different terms and conditions apply. You must comply with any additional terms that apply to third-party content, material, information, software, or other services.

2. USER ELIGIBILITY

You must be at least eighteen (18) years of age to submit any User Content or personal information on or through the Services, register for an account, or purchase any goods or services. If you are between the ages of thirteen (13) and 18, you may view the Services with the consent of your parent or legal guardian, provided that you do not engage in any of the activities prohibited in the prior sentence. Any use of the Services by anyone under thirteen (13) years old is unauthorized and is a violation of these Terms of Use.

By using the Services, you represent and warrant that you are at least 18 years old and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, use the Services, and fulfill the obligations set forth in these Terms of use, which forms a binding contract between you and BN.

We reserve the right, at our sole and absolute discretion, to deny any user access to the Services, or any portion of the Services, without notice and without reason.

3. ACCOUNT INFORMATION

If you wish to save preferences to your device, you may need to register for an account (“Account”). If you decide to register with us, you may be able to log in using a third-party login provider (e.g., Facebook, Google). If you do not wish to log in using these third-party access credentials, you will be prompted to create an Account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist us in authenticating your identity when you log-in in the future (“Unique Identifiers”) (your Sign-In Name, Password, and Unique Identifiers together are referred to as your “Account Information”). When creating your Account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password may be used by only one authorized user. You are not permitted to transfer your account to anyone without first getting our written permission.

You are solely responsible for the confidentiality and use of your Account Information, as well as for any use of, misuse of, or communications entered through the Services using any of your Account Information. You must promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. BN is under no obligation to accept any individual or entity as an Account holder, and BN may accept or reject any registrations at our sole and complete discretion. We will not be liable for any loss or damage caused by any unauthorized use of your Account.

4. RULES OF CONDUCT

By accessing the Services, you agree to comply with these Rules of Conduct:

You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful, misleading, malicious, or discriminatory purpose.
You will not access or use the Services to collect any market research for a competing business.
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services.
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services.
You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Services.
You will not use any robot, spider, scraper, artificial intelligence or other automated means to access the Services for any purpose without our express, written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Services for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials.
You will not take any action that imposes or may impose (as determined at our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
You will not distort the meaning or cause otherwise non-defamatory, non-infringing content to defame or infringe the intellectual property rights of any person or violate any person’s personal proprietary or privacy rights.
You will not send or otherwise submit unauthorized commercial communications such as spam.
You will not use Content (defined below) for or upload Content into external applications, software, or web sites, including but not limited to, training a machine learning or artificial intelligence system.
You are prohibited from analyzing, copying, interpreting, incorporating or in any other way using the Services or Content for the purposes of creating, generating, informing, training, testing or verifying any machine learning or other artificial intelligence systems, tools, applications, algorithms or models.
You will not facilitate or encourage any violations of these Terms of Use.
You will not interfere with or disrupt the integrity or performance of the Services, any portion or contents of the Services, or related systems or networks.
You will not use the Services in any way that degrades their reliability, speed, or operation, or underlying hardware or software.
You will not submit (as defined below) any personal data or sensitive information about any third person on or through the Services.
If you collect information from any Services users, you will: obtain their consent, make it clear that you (and not we) are the one collecting their information, and post a privacy policy in compliance with applicable law explaining what information you collect and how you will use it.

If you find something that violates our Rules of Conduct, please let us know so we may review it.

We have the right to investigate occurrences that may involve violations of these Rules of Conduct and these Terms of Use, and we may involve, provide information to, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5. USER CONTENT

We may provide you with opportunities to submit, post, upload, transfer, send, publish, link to, or otherwise make available (together, “submit”) materials such as reviews, ratings, opinions, comments, messages, files, images, photos, videos, survey answers, information, feedback, listings, or other content (together, “User Content”) on or through the Services.

Privacy Policy.Our use of any of your User Content will comply with our then-current Privacy Policy.

License to Use User Content. By submitting any User Content, you grant to us a license to your User Content (the “License”) as follows: The License you grant to us is non-exclusive (meaning you are free to use or license your User Content to anyone else), fully-paid and royalty-free (meaning that neither we nor any downstream users are required to pay you for the use of your User Content), fully sub-licensable (so that, for example, we are able to sublicense your User Content to our sponsors and users of the Services who may access, use, transmit, stream, download, print, and further sublicense your User Content), worldwide (because the Internet and the Services may be global in reach), perpetual, irrevocable, and fully assignable (so that, for example, if we sell our business, reorganize, or merge with another business, the new owner may continue to operate the Services under the Associated Press brand). This License provides us and our licensees the right to use, exploit, repurpose, reproduce, copy, adapt, modify, edit, perform and display publicly or otherwise, distribute (through multiple tiers), make, have made, sell, offer for sale, import, analyze, otherwise use, and prepare derivative works based on your User Content, in whole or in part, alone or as part of other works, in any format, media, or technology now known or hereafter developed, without any additional consideration to you or any third party, for any of the following purposes: (a) to promote or operate the Services, Associated Press business, or the Associated Press brand; (b) to promote the products, services, or brands of any organization that sponsors any events or programs to which your User Content relates (each a “Sponsor”); (c) to promote the products, services, or brands of any Sponsor’s affiliates; and (d) in any other way expressly permitted under these Terms of Use, including our Privacy Policy. Notwithstanding anything to the contrary in these Terms of Use, to the fullest extent permitted by law, you waive any and all claims you may now or later have in any jurisdiction to any “moral rights” with respect to any User Content, and all rights of privacy or publicity in, or approval rights with respect to, your User Content. You also grant to us the right to use the name that you submit in connection with your User Content. Without limiting the generality of the foregoing grant of license, by submitting any User Content on or through the Services, you acknowledge and agree that:

You are granting us (and downstream users) permission to: (i) display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes without compensating you in any way, and (ii) make your User Content available to the general public and our customers through the Services and third-party web sites, through RSS feeds, and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.
We have no obligation to post, maintain, use, or respond to your User Content submitted on or through the Services.
The submission of User Content on or through the Services in no way imposes any other obligation on us, whether of confidentiality, attribution, or otherwise, and we shall not be liable for any claims arising out of, related to, in connection with, or resulting in any way from any use, nonuse, modification, distribution, reproduction, display, or disclosure of any User Content.
You hereby waive any and all claims, including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity, arising out of, related to, in connection with, or resulting in any way from any use, nonuse, modification, alteration, distortion or illusionary effect, or use in any manner permitted by these Terms of Use, including the Privacy Policy, of your image/likeness, arising out of, relating to, in connection with, or resulting in any way from the submission of User Content containing your photograph or other image(s), on or through the Services.
No fees, royalties, or any other monies (together, “Royalties”) will be owed to any person by reason of any User Content. If for some reason any Royalties are owed, you will pay all such Royalties.
User Content submitted on or through the Services may be subject to size and usage limitations, other limitations and restrictions, and the terms and conditions of these Terms of Use, and you are solely responsible for adhering to such requirements regarding any User Content you submit on or through the Services.
We may access, copy, preserve, and disclose your User Content if required to do so by law or in a good faith belief that such access, copying, preservation, or disclosure is reasonably necessary to: (i) comply with legal process or applicable law, (ii) enforce these Terms of Use, (iii) respond to claims that any User Content violates the rights of third-parties, (iv) respond to your requests for assistance, (v) prevent or investigate a crime, or (vi) protect the rights, property, or personal safety of us or others.
DO NOT SUBMIT USER CONTENT if you do not want it to be used or made available to the general public as set forth in these Terms of Use. Everything you submit is voluntary; do not submit anything you wish to remain private.

We Do Not Claim Ownership of User Content. We do not assert any ownership over User Content; instead, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of User Content and any intellectual property rights and other proprietary rights associated with User Content. You are solely responsible for protecting your intellectual property rights in your User Content. We cannot and do not assume responsibility for controlling, monitoring, or enforcing your intellectual property rights.

Your Representations and Warranties with Respect to User Content. You acknowledge that the grant of license in these Terms of Use is supported by good, valuable, and sufficient consideration. By submitting any User Content, you represent and warrant that: (a) you own the User Content or otherwise have the right to grant the license set forth in these Terms of Use; (b) the submission of your User Content on or through the Services does not violate the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity; (c) you have read and understood these Terms of Use, and your User Content fully complies with these Terms of Use and applicable laws.

You Are Solely Responsible for Your User Content. Failure to comply with these Terms of Use may expose you to liability to us and liability to individuals or legal entities whose copyrights or other rights have been violated in connection with your User Content. We strongly recommend that you review these Terms of Use regularly and carefully consider the suitability of materials you wish to submit. Remember, once User Content is submitted, it may quickly be transferred to other web sites and media that we do not control, and it may be impossible to recover or delete. You expressly agree that we have no responsibility for or control over User Content you may submit on or through the Services. You are solely responsible for your use of the Services, including your submission of any User Content, and you use the Services at your own risk. By way of example, you will not submit any User Content or use the Services in any way that infringes or violates someone else’s rights, including but not limited to their copyrights, or otherwise violates the law.

As addressed more fully in Section 6 of these Terms of Use, we reserve the right to remove any User Content you submit on or through the Services if we believe, at our sole discretion, that it violates these Terms of Use or applicable law. If you infringe other people’s intellectual property rights, we may disable your account when deemed appropriate by us at our sole discretion.

6. NO OBLIGATION TO MONITOR; RESERVED RIGHTS

We do not undertake any obligation to monitor, moderate, regulate, or prescreen (together, “monitor”) any User Content submitted by any users of the Services. Our removal of User Content in specific circumstances shall not be deemed a general undertaking to monitor. You acknowledge that you may be exposed to information that you find offensive or otherwise objectionable. We may provide information to help you identify certain postings as advertisements, but we cannot assure that we will be able to do so in all cases, and you ultimately are solely responsible for determining the validity and reliability of any information that you read on or access through the Services.

Although we do not actively monitor your use of the Services, we reserve the unconditional right (but not the obligation) to remove, move, or edit any User Content that we at our sole discretion may consider harmful, offensive, unprofessional, disruptive, or in violation of these Terms of Use or any law, regulation, or agreement, including, without limitation: User Content that is or may be in violation of these Terms of Use; User Content that reasonably could be construed as a violation of federal or state or applicable law prohibiting anti-competitive activities or unfair trade practices; User Content that infringes any other person’s or entity’s rights, including but not limited to proprietary, copyright, trademark, service mark, trade dress, or privacy-related rights.

We further reserve the unconditional right to:

Disclose your identity to any third party who claims that material submitted by you violates their rights, including but not limited to their intellectual property and privacy rights, in accordance with our Privacy Policy.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services in accordance with our Privacy Policy.
Change, terminate, or suspend the Services, any features of the Services, and/or any Content available on or through the Services, in any way, at any time, and for any reason or no reason.
Require you to cease use of all or part of the Services.

You understand and agree that we have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities.

7. INTELLECTUAL PROPERTY

Content. The Services contains materials such as photographs, software, text, graphics, images, and other material provided by or on behalf of AP (together, “Content”). The Content may be owned by us or third parties. Content provided on or through the Services, including and the selection, compilation, collection, arrangement, and assembly of any Content, is protected under both United States and foreign laws, including, but not limited to, copyright and trademark laws, and unauthorized use of the Content may violate such laws. You are permitted to use the Content only as provided in these Terms of Use. Please keep in mind that you have no rights in or to any Content, and you are not permitted to use any Content except as specifically permitted under these Terms of Use. This means that you may not do, or allow anyone else to do, anything with the Content that is not specifically permitted under these Terms of Use. Any rights not expressly granted in these Terms of Use are reserved.

You may view, access, download, and/or copy Content only for your personal and non-commercial use, and no other use is permitted without the prior written consent of BN. Modification of the Content or use of the Content for any purpose other than as permitted in these Terms of Use is a violation of our copyright and other proprietary rights and is strictly prohibited.

BN and its licensors retain all rights, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. You acknowledge that you do not acquire any ownership rights by using the Services or the Content.

We reserve the right to remove Content from our Services at any time for any reason without any notice to you. If you violate any part of these Terms of Use, your permission to access the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state, federal, and foreign laws and may not be copied or imitated, in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

Trademarks. The Content includes BN Trademarks, meaning any and all registered and common law trademarks, service marks, trade names, trade dress, logos, brands, brand names, Internet domain names, and other indications of origin owned by us, whether currently or in the future.The look and feel of the Services as well as all page headers, graphics, button icons, and scripts, are our proprietary trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written consent.

Nothing contained in these Terms of Use or on the Services grants, or should be construed to grant, by implication, estoppel, or otherwise, you any rights or license to use any BN Trademarks without our prior written permission specific for each such use. Use of any BN Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved by BN in advance in writing. Use of any BN Trademarks as a domain name or part of a domain name or as a meta tag, keyword, or other type of programming code is prohibited unless BN provides advanced written approval. All goodwill generated from the use of BN Trademarks inures to our benefit.

The BN Trademarks may not be used in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among consumers, or in any manner that may disparage or discredit us.

All other trademarks, service marks, logos, and the like that are used or appear on the Services are the property of their respective owners (the “Third-Party Trademarks”). Reference to any product or service by name on the Services does not constitute or imply our endorsement, sponsorship, or recommendation of the product or service, unless expressly so stated.

Copyrights. Except as otherwise expressly provided in these Terms of Use, the Content as well as any underlying programming code to create the Services is owned by us, is protected under federal and international copyright law and other intellectual property law, and may not be used, copied, reproduced, distributed, modified, or publicly displayed without our prior written permission. You may request permission by contacting us (see Contact Us, Section 20, below).

Digital Millennium Copyright Act. BN respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been submitted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act as provided in Contact Us, Section 20, below.

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

8. COMMUNICATIONS WITH US

No confidential or sensitive personal information. Although we encourage you to contact us, we do not want you to, and you should not, e-mail or otherwise communicate to us any content that contains confidential information or sensitive personal information.

Feedback. You acknowledge and agree that if you submit any comments, feedback, ideas, questions, suggestions, and the like to us about the Services and/or Content, including possible developments (together, “Feedback”), we make no assurances or warranties that such Feedback will be treated as confidential or proprietary. By submitting Feedback, you acknowledge and agree that we shall be free to use your Feedback, including but not limited to any ideas, concepts, know-how, or techniques contained in your Feedback, for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without any compensation or attribution to you. You further acknowledge and agree that you are waiving any and all rights that you may have in and to the Feedback, and you are representing and warranting to us that the Feedback is wholly original with you, that to the best of your knowledge no one else has any rights in the Feedback, and that we are free to implement the Feedback if we so desire, as provided or as modified by us, without obtaining permission or license from any third party.

Unsolicited Ideas Submission. Note that we do not accept or consider unsolicited submissions concerning our business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans, or new product/service names. Please do not send us such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when our services, products, or marketing strategies appear similar to ideas submitted to us. You acknowledge and agree that all such submissions to us are considered our property. We do not have an obligation to protect the confidentiality of any such submission. We will exclusively own all known or later-existing rights to such submissions worldwide, and we will be entitled to the unrestricted use of any such submissions for any purpose, without compensation to you or any third-party provider of such submissions.

9. THIRD-PARTY SERVICES AND EXTERNAL SITES

The Services may permit you to access content as services belonging to third parties (“Third-Party Services”) and may contain links to third-party web sites (“External Sites”). Access to such Third-Party Services and External Sites is provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Services or External Sites. The content of such Third-Party Services and External Sites is developed and provided by others. By accessing Third-Party Services and External Sites, you agree to their respective terms and conditions. For example, we use YouTube’s API Services, whose terms of use are available at https://www.youtube.com/t/terms. You should contact the site administrator or webmaster for those Third-Party Services and External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. We disclaim any and all liability arising out of, related to, in connection with, or resulting in any way from your use of any Third-Party Services or External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

10. DISCLAIMERS

You are solely responsible and liable for any activity, behavior, use, and/or conduct that breaches any terms or conditions of these Terms of Use or applicable law. You agree we have no responsibility to you or to any third party for any breach of your obligations under these Terms of Use or for the consequences (including any loss or damage that we may suffer) of any such breach. Persons found in violation of any of these rules or any aspect of these Terms of Use, as decided in by us at our sole discretion, may have their access to the Services blocked. Violations of system or network security or these Terms of Use may result in civil or criminal liability.

We make no representation that your use of the Services including any Content will comply with applicable laws or be available for use. (See Compliance with Applicable Laws, Section 13, below)

You acknowledge and agree that the Content: is made available for your personal informational, educational, and entertainment purposes only without representation or warranty of any kind; is not a substitute for legal advice or your judgment; and should not be construed as an endorsement by or representation of our opinions. Your reliance upon any Content obtained by you on or through the Services is solely at your own risk. You agree to comply with all notices and requirements accompanying third-party material. We may change the Services or delete or revise Content or features at any time, in any way, for any or no reason, at our sole discretion.

You acknowledge and agree that we do not control User Content submitted by any users of the Services, and we do not vouch for the accuracy, integrity, or quality of any such User Content. We do not endorse any opinions expressed by any users of the Services. We do not guarantee that any User Content has been submitted with the permission of the copyright or proprietary owner or is otherwise in compliance with these Terms of Use. You understand and agree that you must evaluate, and that you bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge and agree that we have no responsibility for the storage or deletion of, or the failure to store or delete, any Content, including but not limited to User Content. You agree that under no circumstance will we, our directors, officers, members, employees, consultants, agents, representatives, advisers, affiliates, subsidiaries or our third-party partners be liable in any way in connection with: (a) any User Content submitted by any users of the Services, including without limitation errors or omissions in such information or data; (b) any loss or damage of any kind incurred as a result of the use by you or a third party of any such User Content; or (c) any failure to correct or remove any Content, including but not limited to User Content.

11. NO WARRANTIES; LIMITATION OF LIABILITY; EXCLUSIVE REMEDY; RELEASE

NO WARRANTIES. YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BN DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SERVICES OR IN THE CONTENT IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BN IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF ANY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO USER CONTENT, THIRD-PARTY SERVICES, AND EXTERNAL SITES.

LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF, RELATED TO, IN CONNECTION WITH, OR RESULTING IN ANY WAY FROM THE ACCESS TO OR USE OR INABILITY TO ACCESS OR USE THE SERVICES OR THE CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER ARISING OUT OF, RELATED TO, IN CONNECTION WITH, OR RESULTING IN ANY WAY FROM ACCESS TO OR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED ONE HUNDRED US DOLLARS ($100).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

EXCLUSIVE REMEDY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

RELEASE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES A WAIVER AND RELEASE OF UNKNOWN CLAIMS THAT EXIST OR MAY EXIST AS OF THE DATE OF THIS RELEASE, AND YOU AGREE TO WAIVE AND RELINQUISH ANY AND ALL RIGHTS YOU HAVE OR MAY HAVE UNDER ANY STATUTE OR OTHER LAW THAT REQUIRES THE KNOWING WAIVER OF SUCH UNKNOWN CLAIMS, INCLUDING WITHOUT LIMITATION CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS.

12. INDEMNIFICATION

To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold us and our officers, directors, members, employees, agents, successors, licensees, licensors, affiliates, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, costs, and/or demands, including, without limitation, reasonable attorneys’ and accounting fees and all related costs and expenses of litigation, regardless of whether litigation is instituted, arising out of, related to, in connection with, or resulting in any way from: (i) your breach of these Terms of Use; (ii) your misuse of the Content or the Services; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and/or (iv) any User Content submitted by you. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

This defense and indemnification obligation will survive termination of these Terms of Use and your use of the Services.

13. COMPLIANCE WITH APPLICABLE LAWS

The Services are owned, controlled, and operated by The Associated Press, a New York not-for-profit corporation in the United States of America. The Services are based in the United States. Access to and use of the Services, including but not limited to the Content, may not be legal by certain persons or in certain countries. We make no claims concerning whether the Content may be downloaded, viewed, or appropriate for use outside of the United States. If you use the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The Services may contain links to other web sites, some of which may be outside the United States. Those other web sites may have information that is appropriate only to the particular originating country or region where such other web site is based.

Special Provisions Relating to Users Outside of the United States. The following provisions apply to users outside the United States:(a) You consent to having your personal data transferred to and processed in the United States; and (b) If you are located in a country embargoed by the United States or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to engage in commercial activities on or through the Services (such as advertising or payments).

14. TERMINATION OF THESE TERMS OF USE

These Terms of Use are effective unless and until terminated by either you or us.

If you violate any part of these Terms of Use, your permission to use the Services, including any Content, automatically terminates. You must immediately cease use of the Services and Content, and you must immediately destroy any copies you have made of the Content.

We reserve the right to, at our sole discretion, restrict, suspend, or terminate these Terms of Use, the Services, and/or your access to all or any part of the Services, at any time and for any reason without prior notice or liability to you or to any third party, and such action shall not limit any other rights or remedies that are available to us.

You may terminate these Terms of Use at any time by ceasing to use the Services. Termination, including cessation of your use of the Services, is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to use the Services shall immediately cease. You acknowledge and agree that upon termination, you may be prevented from accessing the Services, your account details, or any files or other content contained in your account.

Section 1 and Sections 5 through 20 of these Terms of Use shall survive the termination for any reason.

15. CONTROLLING LAW

These Terms of Use any action arising from, related to, connected with, or resulting in any way from these Terms of Use will be governed by the laws of the State of New York in the United States without regard to its conflict of laws provisions.

16. BINDING ARBITRATION AND CLASS ACTION WAIVER

Please read the following arbitration agreement (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us, including a class action waiver.

You agree that, in the event of any dispute, controversy, or claim arising out of, related to, in connection with, or resulting in any way from your use of the Services, these Terms of Use, the Content, or any aspect of your relationship with us (each, a “Dispute”), such Dispute, including threshold questions of the arbitrability of such Dispute, will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY SUCH SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. DISCOVERY, AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. Nothing in this Arbitration Agreement will prevent BN from seeking injunctive relief in any court of competent jurisdiction as necessary to protect BN’s proprietary interests and intellectual property rights.

You and we both agree to engage in good-faith efforts to resolve Disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to the address provided for Legal Matters in the Contact Us section of these Terms of Use (see Section 20). You and we agree to meet and confer personally, by telephone, or by videoconference (“Conference”) to discuss the Dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. 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. The statute of limitations and any filing fee deadlines shall be tolled while you and we engage in the informal dispute resolution process and Conference required by this Section14.3. If you and we do not reach agreement to resolve the Dispute within thirty (30) days after initiation of this dispute resolution process, either you or we may commence arbitration or, provided such claims qualify, file an action in small claims court or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after participating in the dispute resolution process, you must send a letter requesting arbitration and describing your claim to our registered agent at to the address provided for Legal Matters in the Contact Us Section of these Terms of Use (see Section 20). The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and the JAMS Consumer Minimum Standards then in effect; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards then in effect. JAMS’s rules are available at jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you if you complied with the dispute resolution process set forth above. In addition, we will reimburse all such JAMS filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or you did not comply with the dispute resolution process set forth above, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.

The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement; and (b) resolve any Dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section14.2. An arbitrator can award, on an individual basis, the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE (INCLUDING, WITHOUT LIMITATION, PAGA) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and we agree that no Dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in New York County in the State of New York. All other claims shall be arbitrated.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

This Arbitration Agreement will survive the termination of your relationship with us.

Notwithstanding any provision in these Terms to the contrary, if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the address provided for Legal Matters in the Contact Us Section of these Terms of Use (see Section 20).

17. EQUITABLE RELIEF

You acknowledge and agree that, in the event of a breach or threatened breach of our intellectual property rights, confidential information, and/or proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use and applicable law, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above (see Section 16). All claims or disputes arising out of, related to, in connection with, or resulting in any way from these Terms of Use shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in New York County in the State of New York, USA.

18. DOWNLOADING THE APP

We may make the App available through the Google Play Store or the Apple App Store (together, the “App Provider”). The following terms apply to the App when accessed through or downloaded from the Apple App Store where the App may now or in the future be made available. You acknowledge and agree that:

These Terms of Use are between you and AP, and not with Apple, and AP (not Apple) is solely responsible for the App.
Apple has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AP.
Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, BN will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
Apple and its affiliates are third-party beneficiaries of these Terms of Use as related to your license to the App, and, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual or associated with an entity designated under the UK’s Terrorist Asset-Freezing Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security- or terrorism-related rules, whether applicable to you personally or to your location or other circumstances.
You must also comply with all applicable third-party Terms of Use when using the App.

19. MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and us relating to the subject matter of these Terms of Use, and they supersede any prior agreements between you and us relating to the subject matter.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of the Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Any amendment to or waiver of this Statement must be made in writing and signed by us. No waiver shall be construed as a waiver in any other or subsequent instance.
You will not transfer any of your rights or obligations under these Terms of Use to anyone else without our written consent. All our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms of Use shall prevent us from complying with the law.
These Terms of Use do not confer any third-party beneficiary rights.
The section headings are provided merely for convenience and shall not be given any legal import.
If you have an account, any legal notice relating to these Terms of Use shall be sent to the email address associated with your account, and you agree that this constitutes adequate and sufficient notice. Any legal notice to us shall be sent to the contact for legal matters (see Contact Us, Section 20 ,below).
These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.