November 1, 2006
The Nation Company, L.P. and its affiliated organizations and individuals (which also may be collectively referred to herein as, among other things, "we," "us" and "our") own and operate this and other websites, including, but not limited to TheNationMart.com and NationCruise.com (the "Services"). The Services contain material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Services are intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Services. You may download material from the Services and may use the Services for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
You may establish a hypertext link to any sites of the Services so long as the link does not state or imply any sponsorship of your site by us. However, you may not, without our prior written permission, frame any of the content of the Services, or incorporate into another site or other service any intellectual property of The Nation Company, its affiliates or our licensors.
License to Us
By posting messages or otherwise providing any material for display on the Services, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message or otherwise provide us with material for display on the Services, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
- Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
- Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
To use certain features of the Services, you will need a username and password, which you will receive through the applicable site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
In addition, we may allow you to purchase many different types of products and services online that are provided by us or third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services provided by third parties. If you make a purchase from us or a third party merchant through the Services or on a site linked to by the Services, the information obtained during your visit to such site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by us or the merchant, as applicable. A merchant may have separate privacy and data collection practices. We have no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant site directly. You release us from any damages that you incur, and agree not to assert any claims against us arising from your purchase or use of any products or services made available by third party merchants through any of the Services.
When you purchase products or services on or through the Services, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Services. You agree to use the Services and to purchase services or products through the Services for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
The Services may include a variety of features, such as bulletin boards, chat rooms, and email services, that allow feedback to us and real-time interaction between users and other features, such as personalized homes pages and e-mail services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Services lies with each user -- you alone are responsible for the material you post. We do not control the messages, information or files that others may provide through the Services. It is a condition of your use of the Service that you do not:
- Restrict or inhibit any other user from using and enjoying the Services.
- Use the Services to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Services to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Use the Services to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Services to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Services.
Claims of Copyright Infringement
If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notice with us. We will respond expeditiously to claims of copyright infringement committed using The Nation’s interactive media services that are reported to our Designated Copyright Agent, identified below, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws.
Notifications of claimed copyright infringement and counter notices must be in writing and sent to our designated agent:
The Nation Company L.P.
33 Irving Place
New York, New York 10003
Email: Mary Schilling
To be effective, written notifications must include the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification and location of the material that is claimed to be infringing (including a URL and screen shot) or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has 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 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on The Nation’s website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to The Nation’s designated agent that includes the following information:
1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which The Nation’s website may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
If you are unsure whether there has been an infringement of your copyright or about your rights in the material, we suggest that you seek legal advice before reporting the material to The Nation or sending us a counter-notice. This “notice and takedown” process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or report material to The Nation in bad faith.
THE SERVICES MAY INCLUDE LINKS AND POINTERS TO INTERNET SITES, CONTENT AND SERVICES PROVIDED BY THIRD PARTIES. OUR LINKING TO ANY THIRD PARTY SITES DOES NOT IMPLY AN ENDORSEMENT OR SPONSORSHIP OF SUCH SITES, OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SITES. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SERVICES AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SERVICE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE 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.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR MATERIALS IN THE SERVICES OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES, OR FOR COMMERCIAL USE. THE SERVICES SHOULD NOT BE USED IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT, FINANCES OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, MATERIALS, PRODUCTS, OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SERVICES, OR ANY PART OF THE SERVICES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF OUR MATERIALS, PRODUCTS OR SERVICES, OR WITH ANY OF OUR TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
When you submit an ad for publication on the Services, you agree that the advertisement as it appears on the applicable site(s) becomes our property and you assign all ownership interest in the advertisement as it appears on the applicable site(s) under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Services. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.