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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.
PROPRIETARY RIGHTS
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.
GENERAL
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. |