TERMS AND CONDITIONS APPLICABLE TO THE WORKS OF THE ASSOCIATED PRESS DISPLAYED ON THE WEB OR DISTRIBUTED VIA THE INTERNET
(Last Updated December 14, 2007)
The following terms and conditions (the “Terms and Conditions”) –
>> applies to all visitors (which shall include without limitation, persons and representatives of legal entities, whether such representatives are persons or digital engines of any kind, including without limitation ones that crawl, spider, ingest, index, scrape, copy, store, display or transmit digital content) (“You”), and
>> governs Your use of any works of The Associated Press, including without limitation text, data, information, photos, graphics, audio and video material created, gathered, generated and/or provided by The Associated Press (the "AP Works") and displayed on any website or digital service through which You accessed these Terms and Conditions. When You access such website or digital service You agree that these Terms and Conditions govern Your use of the AP Works and constitute a legally binding agreement between You and The Associated Press (“AP”) whose principle place of business is 450 West 33rd Street, New York, NY 10001.
LICENSE – REQUIREMENTS, RESTRICTIONS, AND RESERVATION
You are granted a nonexclusive, nontransferable, limited license to access and use the AP Works for the specific uses enumerated in these Terms and Conditions for personal non-commercial use only. All rights with respect to the AP Works not explicitly granted to You are reserved to AP.
You may not use the AP Works in any way that would or does: (1) derogate from AP’s intellectual property rights in and to the AP Works; (2) distort the meaning or cause otherwise non-defamatory, non-infringing content to defame or infringe the intellectual property rights of any person or violate any person’s personal proprietary or privacy rights; or (3) violate any applicable law, regulation or guideline in the relevant jurisdiction. Except as specifically authorized in writing by AP, You may not sublicense, market, sell or distribute the AP Works or any subset thereof or offer to do so in any manner or medium.
All right, title and interest in and to the AP Works shall remain the property of AP and/or its licensors, including without limitation any intellectual property rights which subsist in the AP Works. You agree to comply with any instructions set out in any robots.txt files associated with the AP Works, including any requirements with regard to Your access and use of the AP Works.
You agree not to remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the AP Works, or impair or interfere with any copyright protection mechanisms, copyright management information systems or digital identification devices employed by AP in association with the AP Works.
Nothing in these Terms and Conditions grants You any right to use any AP trademark for any purpose. You may not use any AP logo or other AP trademark without signing an AP trademark license agreement.
DISCLAIMERS, LIMITATION OF LIABILITY
NO REPRESENTATIONS, WARRANTIES OR COVENANTS WITH RESPECT TO THE AP WORKS ARE MADE BY AP, ITS LICENSORS AND OTHER CONTENT PROVIDERS. AP AND ITS LICENSORS AND CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, IMPLIED WARRANTIES OF MERCHANTABILIT, QUALITY (INCLUDING, WITHOUT LIMITATION, AS TO THE SEQUENCE, COMPLETENESS, TIMELINESS, ADEQUACY, ACCURACY AND/OR RELIABILITY OF THE AP WORKS) OR FITNESS FOR ANY PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE AP WORKS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE AP WORKS SHALL CREATE ANY WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE AP WORKS IS AT YOUR SOLE RISK AND THAT THE AP WORKS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
AP AND ITS LICENSORS AND OTHER CONTENT PROVIDERS SHALL NOT BE LIABLE IN ANY REGARD WITH RESPECT TO YOUR ACCESS TO, USE OF AND/OR RELIANCE ON THE AP WORKS (WHETHER IN WHOLE OR IN PART), TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY LOSS OF REVENUE, LOSS OF PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES WHETHER BASED ON TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE LEGAL GROUNDS REGARDLESS OF WHETHER YOU OR ANY THIRD PARTY HAD ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, hold harmless and defend AP, its directors, officers, employees, subsidiaries, licensors and content providers, in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of these Terms and Conditions or otherwise in connection with Your use of the AP Works.
If any provision in these Terms and Conditions is declared to be invalid or unenforceable in any respect by a court of law having jurisdiction to decide, then the invalid or unenforceable provision will be removed from the Terms and Conditions without affecting the rest of the terms, which will continue to be valid and enforceable, and a valid and enforceable provision that approximates the intent of the invalid or enforceable provision as closely as possible shall be substituted for the invalid or unenforceable provision.
You agree that AP is entitled to exercise all rights and seek all legal and equitable remedies available to it with respect to the AP Works. You agree that AP’s failure to exercise or enforce any legal right or remedy in these Terms and Condition, shall not constitute a waiver of these rights and remedies by AP. Notwithstanding any choice of law, venue or jurisdiction provisions in association with the website or digital service through which You accessed these Terms and Conditions these Terms and Conditions shall be governed by, construed and take effect in accordance with the laws of the State of New York and jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state and federal courts situated in New York, New York, and all such claims shall be adjudicated under New York law, without reference to its conflict of law principles.