Terms of Use

Subscriber and Member Agreement

This Agreement sets forth the terms and conditions which apply to the use by you of the Bonnier Corporation Sites (as defined below) and any other subscription product or service offered for sale by Bonnier Corporation and/or its affiliates (collectively, "the Company"). The right to use any product or service offered by the Company is personal to you and is not transferable to any other person or entity.

  1. Definitions.
    The "Company Sites" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by the Company on the World Wide Web. The Company Sites consist of information services and content provided by the Company, affiliates of the Company and third parties. The term "Community Areas" means the bulletin boards, chat rooms and other user participatory areas on the Company Sites.
  2. General.
    The Company shall have the right at any time to change or discontinue any aspect or feature of the Company sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
  3. Use of the Company Sites and the Community Areas.
    1. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in the Company's judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with the Company's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by the Company.
    2. The Company Sites and the Community Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Company Sites are copyrighted as a collective work under the United States copyright laws. The Company is the owner of the copyright in all the Company Sites. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Company Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Company Sites without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Company Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Company Sites owned by the Associated Press ("AP") shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. This website includes material which is copyright 2002 Reuters. All rights reserved. Reuters content is the intellectual property of Reuters or its licensors. Any copying, republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors in content or for any actions taken in reliance thereon. Reuters and the Reuters sphere logo are trademarks and registered trademarks of the Reuters Group of Companies around the world. For additional information on Reuters photographic services, please visit the web site at http://www.pictures.reuters.com.
    3. You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
    4. You hereby grant to the Company, and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to the Company (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
    5. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company considers to be offensive.
    6. You shall provide the Company with accurate, complete and updated information provided by you at the time of registration.
    7. You shall not engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Company Sites, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Sites' services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.
    8. The Company Sites contain links to other web sites, resources and advertisers.
      The Company is not responsible for the availability of these external sites
      nor does it endorse or is it responsible for the contents, advertising,
      products or other materials made available on or through such external
      sites. Under no circumstances shall the Company be held responsible or
      liable, directly or indirectly, for any loss or damage caused or alleged
      to have been caused to a user in connection with the use of or reliance
      on any content, goods or services available on such external site. You
      should direct any concerns to such external site's administrator or webmaster.
    9. You shall be responsible for obtaining and maintaining all telephone,
      computer hardware and other equipment needed for access to and use of the
      Company Sites and Community Areas and all charges related thereto.
    10. The foregoing provisions of this Section 3 are for the benefit of the
      Company, its affiliates, third party content providers and licensors, and
      each shall have the right to assert and enforce such provisions directly
      on its own behalf.
    11. The Company has carefully designed the Company Sites with the purpose
      of delivering certain content to users in a particular format and with
      a particular appearance. No third party shall have the right to utilize
      the content of the Company Sites in any way that interferes with that purpose.
      In particular, the Company prohibits any party from displaying the content
      on the Company. Sites in any format where third party advertising or other
      materials that the Company did not authorize is viewed or viewable together
      with the Company's proprietary content.
  4. Monitoring.
    The Company shall have the right, but not the obligation, to monitor the
    content of the Community Areas to determine compliance with this Agreement
    and any other operating rules that may be established by the Company. from
    time to time. The Company shall have the right in its sole discretion to
    edit, refuse to post or remove any material submitted to or posted on the
    Community Areas. Without limiting the foregoing, the Company shall have
    the right, but not the obligation, to remove any material that the Company.,
    in its sole discretion, finds to be in violation of the provisions hereof,
    otherwise objectionable or stale. Notwithstanding this right of the Company,
    users shall remain solely responsible for the content of their messages.
    You acknowledge and agree that neither the Company nor any of its affiliates
    shall assume or have any liability for any action or inaction by the Company
    with respect to any conduct within the Community Areas or any communication
    or posting on the Community Areas.
  5. Disclaimer of Warranty; Limitation of Liability
    1. YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE COMPANY SITES
      IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR
      RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
      WARRANT THAT THE COMPANY SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR
      DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
      OF THE COMPANY SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
      INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY
      AREAS.
    2. THE COMPANY SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN "AS
      IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
      EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE
      OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
      OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
      RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
    3. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 5 APPLY 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. YOU
      SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT 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.
    4. IN NO EVENT WILL THE COMPANY OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
      PRODUCING OR DISTRIBUTING THE COMPANY SITES BE LIABLE FOR ANY DIRECT, INDIRECT,
      INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
      OR INABILITY TO USE THE COMPANY SITES OR OUT OF THE BREACH OF ANY WARRANTY.
      YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY
      TO ALL CONTENT ON THE COMPANY SITES AND/OR THE COMMUNITY AREAS. THE COMPANY'S
      LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID
      TO THE COMPANY.
    5. THE COMPANY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
      OF ANY OPINION, ADVICE OR STATEMENT ON THE COMPANY SITES, NOR FOR ANY OFFENSIVE,
      DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER
      THAN AUTHORIZED THE COMPANY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR
      OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE
      FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED
      THROUGH EITHER THE CONTENT ON THE COMPANY SITES AND/OR ANY POSTINGS ON
      THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
      COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER
      CONTENT AVAILABLE THROUGH THE COMPANY SITES AND/OR THE COMMUNITY AREAS.
      PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE
      EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT,
      INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION,
      OPINION, ADVICE OR OTHER CONTENT.
    6. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES
      OFFERED THROUGH THE COMPANY SITES AND WILL NOT BE A PARTY TO OR IN ANY
      WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF
      PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
      ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND
      EXERCISE CAUTION WHERE APPROPRIATE. THE COMPANY MAKES PRODUCTS OR SERVICES
      AVAILABLE ON THE COMPANY SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
      OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
      WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
      THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
      RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
    7. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT,
      YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR
      TO VERIFY PRICING AND OTHER INFORMATION. NEITHER THE COMPANY NOR ITS THIRD
      PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS
      BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN.
      NEITHER THE COMPANY NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR
      WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH
      INFORMATION. NOTHING CONTAINED IN THE COMPANY SITES SHALL BE CONSTRUED
      AS INVESTMENT ADVICE. THE COMPANY IS NOT A REGISTERED BROKER-DEALER OR
      INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE
      PRODUCT OVER ANOTHER.
  6. Indemnification.
    You agree to defend, indemnify and hold harmless The Company, its affiliates
    and their respective directors, officers, employees and agents from and
    against all claims and expenses, including attorneys' fees, arising out
    of the use by you of the Company Sites and/or the Community Areas.
  7. Termination.
    The Company shall have the right to immediately terminate this Agreement
    with respect to any user which the Company, in its sole discretion, considers
    to be unacceptable, or in the event of any breach by you of this Agreement.
    The provisions of Sections 5, 6, 7, 8 and 10 shall survive termination
    of this Agreement.
  8. Trademarks.
    All trademarks appearing on the Company Sites are the property of their respective
    owners, including, in some instances, the Company.
  9. Subscription Services; Products.

    (a) Subscription Services. the Company
    makes available to users certain online subscription services, and other
    paid services and products. The following terms and conditions shall apply
    in the event that you subscribe to any subscription service or services offered
    by the Company on the Company Sites (the "Subscription"):

    1. Subscription Terms. The Subscription will continue until the Company
      receives notification of termination from you as described in subsection
      C below. You authorize the Company to charge to the credit card account
      designated during the registration process the current fees and charges
      for each term according to the subscription plan chosen by you. If you
      accepted an offer that included a free trial period, your credit card account
      will not be charged until after the end of the free trial period. If you
      ordered in response to a free trial period offer, you may cancel the subscription
      process and avoid a charge to your credit card account by going to the
      Subscription Summary accessible from the Smart Statement and following
      the directions listed. If you subscribed for a term of one (1) year or
      more, you will be notified by the Company before the account designated
      by you is charged after the first term. Current fees may be obtained by
      going to the Smart Statement. You are responsible for any charges associated
      to connecting to the Company Sites, including but not limited to, any telephone
      line charges or any Internet access provider charges. You shall provide
      the Company with accurate, complete and updated information as to your
      name and e-mail address and credit card account information provided by
      you at registration. Failure to do so shall constitute a breach of this
      Agreement.
    2. Changed Terms. The Company shall have the right at any time to impose,
      change or modify its fees and billing methods, or other terms and conditions
      applicable to your use of the Subscription or to impose new terms and conditions.
      Such changes, modifications, additions or deletions shall be effective
      immediately upon notice thereof, which may be given by means including,
      but not limited to, posting on the Company Sites a revised version of this
      Agreement or notification by electronic or conventional mail. If any such
      change is unacceptable to you, you may terminate your Subscription as provided
      in subsection C below. Any use of the Subscription by you after such notice
      shall conclusively be deemed to constitute acceptance by you of such changes,
      modifications, additions or deletions. You agree to review the terms and
      conditions periodically to be aware of such revisions. You may also be
      subject to additional terms and conditions imposed by third party content
      providers in connection with third party content, software or services.
    3. Termination. Either you or the Company may terminate this Agreement at
      any time. Your only right with respect to any dissatisfaction with (i)
      any terms and conditions of this Agreement, or policy or practice of the
      Company in operating the Company Sites and/or the Community Areas, (ii)
      content available through the Subscription or change therein, or (iii)
      amount or type of fees or billing methods, or change therein, is to terminate
      this Agreement by sending notice to Bonnier Corporation Customer Service,
      PO Box 420235, Palm Coast, FL 32142-0235, United States of America. Notice
      of termination will be effective upon receipt by the Company. Without limiting
      the foregoing, the Company. shall have the right to immediately terminate
      this Agreement with respect to any user which the Company, in its sole
      discretion, considers to be unacceptable, or in the event of any breach
      by you of this Agreement. In the event that your account is terminated
      or canceled, no refund of any fees, including monthly membership fee, will
      be granted. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall
      survive termination of this Agreement. Fees paid for any Subscription are
      paid in advance and are not refundable in whole or in part, provided, however,
      that in the event of termination by the Company for any reason other than
      breach of this Agreement by you or termination by you in accordance with
      this subsection C of this Agreement in which you identify the termination
      as resulting from changed terms, the Company shall make a pro rata refund
      to you.

(b) Products and Other Services. With respect to products and services offered
for sale by the Company and third parties or through the Company Sites: you
shall be informed of all terms of the offer, including but not limited to pricing,
methods of payment, shipping and handling, credit card information, sales tax,
return and refund policies and applicable privacy policies on the screen where
you make the purchase.

  1. Miscellaneous.

    This Agreement and any operating rules for the Company Sites and the Community
    Areas established by the Company constitute the entire agreement of the
    parties with respect to the subject matter hereof, and supersede all previous
    written or oral agreements between the parties with respect to such subject
    matter. This Agreement shall be construed in accordance with the laws of
    the State of  Florida, without regard to its conflict of laws rules.
    No waiver by either party of any breach or default hereunder shall be deemed
    to be a waiver of any preceding or subsequent breach or default. The section
    headings used herein are for convenience only and shall not be given any
    legal import.

 

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