June 9, 2015
All trademarks, service marks, domain names, logos and company names (collectively “Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Nation or their respective owners.
For commercial use of The Nation articles, text, images including logos, please visit www.TheNationReprints.com
Notwithstanding the foregoing, Nation expressly authorizes you to establish a hypertext link to the Website, or any portion thereof, on your website(s); provided that (i) the link shall not imply, directly or indirectly, that your website is sponsored by, affiliated with or otherwise related to Nation, the Website or the Services, and (ii) the website(s) containing such link to the Website do not contain content that is harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such hyperlink may be accessed…, and (iii) the hyperlink shall merely use the term “The Nation” and shall not use or feature any other Trademark without the prior written authorization of Nation or the Trademark’s owner.
You acknowledge and agree that any and all misappropriation or misuse of the Content or other information contained on the Website will cause irreparable harm to Nation and that in such event money damages will not constitute sufficient compensation to Nation. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content or other information contained on the Website, you specifically consent to Nation obtaining injunctive relief against you in addition to any other legal or financial remedies to which Nation may be entitled.
You hereby acknowledge and agree that by posting messages or otherwise providing any material for display on the Website (individually and collectively, “Submissions”), you are representing and warranting the following:
- Your Submissions are true and accurate, and the original work of your authorship, you are not employed or otherwise being compensated by the provider of the products or services (if any) that your Submissions relate to, and that you are not impersonating any other person;
- You have the right to make your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions do not contain any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which your Submission relates; and
- Your Submissions do not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.
In addition to your Submissions on the Website, you may from time to time post materials on the bulletin boards, chat rooms, personalized homes pages and email services offered by and through the Services that allow you to provide Nation with feedback and permit real-time interaction between users (collectively, the “Interactive Pages”). Your Submissions on the Interactive Pages are subject to the same rules and restrictions as any other Submissions; provided, however, that Nation does not regularly monitor or control the content of the Interactive Pages. It is therefore a condition of your use of the Interactive Pages that you do not:
- Restrict or inhibit any other users from using and enjoying the Interactive Pages;
- Use the Interactive Pages 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 Interactive Pages 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 Interactive Pages to post or transmit any information, software or other material that contains a virus or other harmful components;
- Use the Interactive Pages to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
- Use the Interactive Pages to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without Nation’s express written approval; or
- Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Interactive Pages.
Claims of Copyright Infringement
If you believe that your work of original authorship (or the work of original authorship belonging to a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, we request that you promptly file a copyright infringement notice with Nation’s Designated Copyright Agent by following the instructions below. The notice must be in writing and include the following:
- A statement that you have identified material on the Website that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);
- A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
- A description of the manner in which the copyright material has been infringed;
- Identification of the location of the material that you claim is infringing (including a URL and screen shot to the extent possible);
- The country/ies to which your copyright applies;
- Your address, telephone number, and email address so that Nation may respond to you directly;
- A statement by you, made under penalty of perjury, that you have a good faith belief that the use of the material that is the subject of the complaint is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by applicable law;
- A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature (which may be a PDF) of the copyright owner.
Nation will respond expeditiously to claims of copyright infringement committed on or through the Website or the Services that are reported to Nation’s Designated Copyright Agent, identified below, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable local, state, federal and international laws and regulations.
Notifications of claimed copyright infringement must be sent to Nation’s Designated Copyright Agent by mail, email or fax:
The Nation Company L.P.
33 Irving Place
New York, New York 10003
Email: Mary Schilling
If Nation has been alerted to potentially infringing material that you have posted on the Website and Nation removes or disables access thereto, Nation may notify you that it has removed or disabled access to such material by means of a general notice on the Website, or by electronic mail, or by written communication sent by first-class mail to your physical address. If you receive such a notice, you may provide counter-notification in writing to Nation’s Designated Copyright Agent. Counter-notifications must be in writing and include the following:
- A description of the material that you claim was erroneously removed or disabled, which should include the type of work and any relevant further details (such as the title and date of publication, as applicable), and its location, or former location, on the Website;
- Your address, telephone number, and email address;
- A statement by you, made under 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;
- A statement by you 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 located outside of the U.S., for any judicial district in which the Website may be accessed.
- A statement by you that you will accept service of process from the person who provided notification to Nation of the allegedly infringing material, or an agent of such person.
- An electronic or physical signature (which may be a PDF) of the copyright owner.
If you are unsure whether there has been an infringement of your copyright or about your rights in the material, it is recommended that you seek legal advice before sending notification or counter-notification to Nation regarding such material. The notice and takedown process described herein is governed by and subject to the DMCA and other applicable local, state, federal and international laws and regulations. There may be negative consequences if you falsely allege copyright infringement or report material to Nation in bad faith, in accordance with applicable laws and regulations.
[Terms and Conditions of Sale]
[Nation may allow you to purchase different types of products and services online that are provided by us or third parties. Nation is 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 Nation 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 Nation or the merchant, as applicable. A merchant may have separate privacy and data collection practices. Nation has 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 hereby release Nation from any damages that you incur, and agree not to assert any claims against Nation 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.]
Links to and from Third Party Sites
There may be circumstances in which access to the Website is provided by a hypertext link located at another third party website. Nation has no responsibility for the content of such other websites, Nation does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and you acknowledge and agree that Nation shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites. Nation does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Except as otherwise permitted herein or unless consented to in writing by Nation, you agree not to: (i) provide or create a link to the Website; or (ii) create any frames at any other websites pertaining to any of the Content located on the Website.
You agree to indemnify, defend and hold Nation, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the Website and/or any Content, information (text or graphical), software, or products obtained through the Website and/or from Nation.
No Warranties; Limitation of Liability
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER NATION NOR ANY OF ITS AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, NATION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
All advertisements published on the Website are the property of Nation. Creators of such advertisements hereby irrevocably assign to Nation all rights and title in and to the advertisement as it appears on the Website under copyright law or otherwise. Submission of an advertisement does not require Nation to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. Nation will accept only standard abbreviations and required proper punctuation in advertisements submitted for publication. Nation reserves 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. All advertisements are governed by Nation’s Advertisement Policy, the applicable insertion order, and any additional written agreements between the parties if applicable.
Right to Modify