General Terms and Conditions of Use
Welcome to our website thenation.com (the “Site”). These General Terms and Conditions of Use govern the access to and use of the Site. This Site is operated by The Nation Company, LLC having an address at 520 Eighth Avenue, New York, NY 10018. (“The Nation” or “we”). The words “user”, “you” and “your” in these General Terms and Conditions of Use refer to a user of the Site.
By accessing, browsing or using the Site and/or its services, you represent and warrant that you are at least eighteen (18) years of age or if you are under 18 years of age, a parent or legal guardian has read and consented to the terms of this Agreement on you behalf.
By using the Site you represent that you have read, understood and agree to be bound by the Website Policies (as defined below). If you do not agree to the Website Policies, please do not access or use the Site. The Nation reserves the right to modify and/or discontinue the Site, at any time, for any reason and without notice, and to terminate a user’s account should that user be in violation of any of the Website Policies.
All content included on the Site, such as works, images, button icons, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the exclusive property of The Nation, its affiliates, and/or its content suppliers, as applicable, and is protected by national and international copyright and other intellectual property laws. Except as expressly permitted in these General Terms and Conditions of Use, you may not copy, reproduce, publish, distribute, display, modify, adapt, translate, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic, without the prior express written consent of The Nation, its affiliates, and/or
its content suppliers, as the case may be, in each specific instance. You shall not use any keywords, metatags, meta-elements, hidden text or other equivalents using the name “The Nation” or any other colorable equivalent without the prior express written consent of The Nation. The Nation, its affiliates, and its content suppliers have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. The Nation, its affiliates, and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by The Nation, its affiliates, or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
The viewing, printing or downloading of any Content from the Site grants you only a limited, revocable, nonexclusive and nontransferable license to (i) access and view the Site and Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for your personal, non-commercial use and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree that with respect to any copy or download of the Content, you will reproduce and include all copyright and/or other proprietary notices included in such Content. The licenses granted hereunder immediately terminate in the event of improper use of the Site and the Content.
Users acknowledge and agree that any and all misappropriation or misuse of the Content and/or any other information contained on the Site will cause irreparable harm to The Nation and that in such event money damages will not constitute sufficient compensation to The Nation.
Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content and/or any other information contained on the Site, you specifically consent to The Nation obtaining injunctive relief against you in addition to any other legal or financial remedies to which The Nation may be entitled.
3. Intellectual Property
The Nation is a trademark owned by The Nation. All other trademarks, logos, trade names, domain names and other distinctive signs, copyrights and patents used in connection with the Site (collectively, the “Intellectual Property”) are property of The Nation or its affiliates, subsidiaries or suppliers. The Nation and all other Intellectual Property owners have exclusive rights to use their respective Intellectual Property. You are not granted any rights in or to the Intellectual Property, and you agree not to use the Intellectual Property without the prior written authorization of The Nation or the applicable Intellectual Property owners.
The Nation vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, The Nation will prosecute any unauthorized use or reproduction of the Intellectual Property, any of the Content, databases used to store the Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
4. Intellectual Property Infringement Complaints
If you believe that your intellectual property rights have been violated in any manner by the Site, please provide written notice of the same to [email protected]
If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site.
5. Digital Millennium Copyright Act
Notwithstanding anything to the contrary contained in Section 4, if you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing The Nation’s Copyright Agent designated below with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Nation’s designated Copyright Agent to receive DMCA notices is: The Nation Co LLC, 520 Eighth Avenue, 21st Fl, New York, NY 10018
If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law.
For any information or notification send notice:
By mail to:
Attn: Erin O’Mara, The Nation Co LLC; 520 Eighth Avenue, 21st Fl, New York, NY 10018; or
By e-email to:
Subject: Attn: The Nation DMCA Agent; or
By phone to:
Erin O’Mara 212-209-5414
6. Links to Third-Party Websites
7. User Submissions
From time to time, we may permit users to submit content to the Site. You hereby acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than personal information and/or registration information) through the Site (individually and collectively, “Submissions”), you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created, without attribution to you; (ii) grant us the right to pursue at law any person or entity that violates your and/or our rights in your Submissions; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to your Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submission or any derivative thereof. We reserve the right to remove any of your Submissions from the Site, in whole or in part, without notice to you, for any reason or no reason.
You are solely responsible for any Submissions you make and their accuracy and you agree to defend, at The Nation’s option, and at your sole expense, indemnify and hold The Nation, its affiliates and subsidiaries, and their respective employees, agents, representatives, successors and assigns harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which The Nation may incur as a result of your Submissions. We take no responsibility and assume no liability for any Submissions posted by you or any third party, and The Nation does not endorse any statement, idea or representation contained in the Submissions, nor does it not guarantee the Submission’s accuracy, integrity or quality.
8. Disclaimer of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY THE NATION ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE NATION NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE NATION DOES NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, THE SITE OR THE SERVER SUPPORTING THE SITE WILL BE VIRUS-FREE, THE INFORMATION ON THE SITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE NATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR ITS FUNCTIONING OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. THE NATION OR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE NATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA, UNLESS OTHERWISE SPECIFIED IN WRITING. 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION (INCLUDING EXTRA-CONTRACTUAL LIABILITY). IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
THE NATION’S PERFORMANCE UNDER THESE GENERAL TERMS AND CONDITIONS OF USE IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED HEREIN IS IN DEROGATION OF THE NATION’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY THE SITE OPERATORS WITH RESPECT TO SUCH USE.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE NATION IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, THE NATION’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, THE NATION’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.
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.
9. Amendments and Updates
The Nation may amend, remove or update all or any part of the Website Policies at any time in its sole discretion. Any amendments or updates to the Website Policies shall be effective upon publication in their respective sections of the Site. Please access the respective sections of the Site regularly in order to check whether the Website Policies have been updated. Your continued use of the Site after the implementation of any changes will constitute your acceptance of such changes; provided, however, that The Nation will not be obligated to inform you of any changes as they occur.
Last updated: December 22, 2021
10. Contact us
All requests for information, complaints or inquiries regarding orders, deliveries, and purchases should be directed to:
Email: [email protected]
11. Website Policies
The Website Policies and their interpretation shall be governed by the laws of the State of New York, without regard to its conflicts of law rules. Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.
If any condition of any part of the Website Policies shall be deemed invalid, void or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any other provision hereof or any term of the remaining Website Policies. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof. The Website Policies constitute the entire agreement between you and The Nation with respect to your use of the Site and the Content, and supersede any and all prior understandings or agreements between you and The Nation, whether written or oral. You acknowledge that, in providing you with access to and use of the Site and the Content, The Nation has relied on your acceptance of these General Terms and Conditions of Use.