Effective November 1, 2010
To the extent you have access to, or are using, a Service without having completed our registration process or clicked on an "I AGREE" button, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained in Section 5 below.
1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated"). The changes also will appear in this document, which you can access at any time by going to the Help section of a Service. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
3. Fees and Payments. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must follow the procedures outlined in the Help section of the Service. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
4. Renewal. Your subscription will renew automatically, unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. For annual subscriptions, you must notify at least 30 days prior to the date your subscription renews.
5. Downloadable Trial Products; Exceptions for Various Types of Subscribers and Other Users.
5.1 Downloadable Trial Products. If you have downloaded a trial application to access a Service, you may have access without charge for a limited time to certain subscriber-only content and some or all of the "Fees and Payments" and "Renewal" terms will not apply to you during such time. To the extent not inconsistent with this Agreement, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply.
5.2 Other Subscribers and Users. If your access to a Service is provided by, or through a Third Party, some or all of the "Fees and Payments" and "Renewal" terms may not apply to you. Please contact the Third Party or our Customer Service department for details. If you access a Service as part of an "open house" free trial or otherwise without becoming a subscriber, you are hereby notified that all of the terms and conditions of this Subscriber Agreement except the section labeled "Fees and Payments" and "Renewal" apply to your use and access of the Service.
6. Limitations on Use.
a. Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.
b. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have been authorized for publishing or have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:
(i) You may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from NewsEdge Newscast." Please consult with an Acquire Media sales representative if you need to distribute an article from a Service to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.
(ii) You may occasionally use our "Email This" service to email an article from a Service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service.
(iii) While you may download, store and create an archive of articles from the Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis nor may you retain more than a limited number of selected articles for more than 180 days (unless we specifically agree upon a different archive length). The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others.
Except as otherwise provided, the license granted in this Agreement is limited to display and retrieval of the Content on your desktop, laptop or smartphone. By way of illustration and not limitation, this license shall not cover systems or applications that enable any program (including without limitation algorithmic trading programs), data mining, text mining, or trend analysis function, that integrate news with customer relationship management, order management, trading, or portfolio management tools or systems, or mid- or back-office applications, and, except to the extent otherwise provided, you and any permitted additional users shall have no right pursuant to this Agreement to distribute the Content via email, instant messaging, a customer Intranet, personal digital assistants, wireless application protocol, or short message service or radio system.
c. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another website or service or supply any of our content for use for use in print, television or radio news media (including websites affiliated with or supporting entities engaged in such news distribution), to any person or entity which links the content to a website, or otherwise distributes or makes available material, which is pornographic, obscene, defamatory, harassing, grossly offensive, malicious in nature, or which infringes, or potentially infringes, any intellectual or other property rights (including copyright, patent, trademark and trade secret rights) of any person, or to any person or entity which uses or permit the use of the content in any way that compromises the integrity thereof or which infringes any copyrights or proprietary interests of any the providers of the content. In addition, you agree not to post any content from the Services to weblogs, newsgroups, mail lists, or electronic bulletin boards, without our written consent.
d. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
e. Some Content may be delivered to you through the Service based on your direct agreement with the provider of that Content ("Other Delivered Content"). If any Other Delivered Content is supplied to you as part of the Service, such delivery is based on your representation that you are entitled to receive this Content and you agree to indemnify us for any claims arising from your use of this Content. Your use of this Content will be controlled by your direct agreement with the content provider.
f. If this Agreement covers more than one user, you agree to inform any additional users of their obligation to comply with the provisions of this Agreement and you shall be responsible for any violations of the terms of this Agreement by such additional users.
g. If a provider of content (including a provider of Other Delivered Content) instructs us to suspend or cease delivery of its content to you, we will notify you of those instructions and it will not be a breach of this Agreement for us to comply with such instructions.
7. Third Party Web Sites, Services and Software. We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
8. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
a. THE CONTENT AND THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE ACCURACY OF THE CONTENT OR THE AVAILABILITY OF THE SERVICE, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OF THE LICENSED CONTENT OR THE SERVICE REMAINS WITH LICENSEE.
b. UNDER NO CIRCUMSTANCES SHALL ACQUIRE MEDIA OR ITS SUPPLIERS OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF THE LICENSED CONTENT, OR THE DELIVERY OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPUTER FAILURE OR MALFUNCTION, FAILURE OF PERFORMANCE, MISTAKES, OMISSIONS OR DELAYS IN OPERATION, TRANSMISSION OR RECEIPT OF DATA, LOSS OF DATA, COMMUNICATIONS FAILURES, BUSINESS INTERRUPTION, OR LOST PROFITS, IN CONTRACT, TORT OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INFORMATION CONTAINED IN THE LICENSED CONTENT IS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE. HOWEVER, ACQUIRE MEDIA AND THE MEDIA PROVIDERS DO NOT GUARANTEE THE ACCURACY AND COMPLETENESS OF THE INFORMATION CONTAINED IN THE LICENSED CONTENT WHICH IS SUPPLIED ON AN "AS IS" BASIS.
c. ACQUIRE MEDIA AND ITS CONTENT PROVIDERS RESERVE THE RIGHT TO ADD OR WITHDRAW SOURCES AND ITEMS OF COVERAGE FROM THE CONTENT WITHOUT PRIOR NOTICE TO LICENSEE.
d. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE QUIRE MEDIA PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
9. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. We will not be liable for any delays in our performance pursuant to this Agreement due to causes beyond its reasonable control or anticipation, including, without limitation, fire, war, earthquake, floods, strikes, lock-outs, other labor controversies, riots, civil commotion, acts or restrictions of any government or governmental agency, orders of court or shortages, delays or interruptions in the availability of facilities or materials. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America applicable to contracts made entirely within New Jersey and wholly performed in New Jersey, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New Jersey. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
10. Additional Terms and Notices.
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