General
Please read these terms and conditions carefully. These terms and conditions constitute an agreement between you and American Press Institute, Inc. (“API”). This agreement (“Terms of Service”) governs your use of this website operated by API (“API website”).
API offers the API website and the information contained herein (the “API Services”) to you conditioned on your acceptance, without modification, of this Agreement. By using the API Website and the API Services, you are indicating that you have read, acknowledge, and agree to be bound by this Agreement as legally binding as if you signed a written document. If you do not agree to all Terms of Service, do not access this website.
API may modify or terminate the API Services and/or these Terms of Service from time to time, for any reason, and without notice, without liability to you or any other user or third party. You are responsible for regularly reviewing and complying with this Agreement. Your continued use of the API website constitutes your acceptance of and agreement to any such changes. API may terminate or suspend access to the API website at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the API website will immediately cease and any information you have stored on the API website may not be retrieved thereafter.
Intellectual Property
Unless otherwise noted, API owns the copyright to the content on the API website. All rights reserved. The words or symbols, “API”, API logo, and other marks displayed on the API website, may be trademarks or registered trademarks of API in the United States and/or other countries. The names of companies and products mentioned may be the trademarks of their respective owners. No association with any company, organization, product, domain name, e-mail address, logo, person, place or event is intended or should be inferred unless otherwise expressly stated. Any rights not expressly granted herein are reserved. Content presented through the API Services, including in sponsor advertisements, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by API, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the API Services, in whole or in part. You may not reformat or display the API Services, or mirror or frame the API website on your website.
Your use of the API Services is subject to the API Privacy Policy. Click here to review the API Privacy Policy.
As you use the API website, you may receive or access information and other content originated by persons other than API (“Third Party Content”). You acknowledge and agree that API, its affiliates, parents, subsidiaries, customers, clients, sellers, licensors, distributors, service providers and/or suppliers, officers, agents and employees (“API Entity” or the “API Entities”) are not responsible or liable for Third Party Content including, without limitation, any illegal, inaccurate, infringing, obscene, indecent, threatening, offensive or defamatory content.
You will not use the API website in a way that is unlawful or that harms, as determined in API’s sole discretion, API or the API Entities.
Inappropriate Uses
You agree not to use the API website or API Services to:
Upload or transmit material that is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or otherwise objectionable;
Upload or transmit content that infringes patent, trademark, trade secret, copyright, or other proprietary rights of any party or that you do not have a right to transmit under law or contractual or fiduciary relationships and agreements;
Post or transmit unauthorized or unsolicited advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or other solicitation;
Post, transmit, or create a hyperlink to any material that contains computerviruses,, codes, files, or other programming intended to interrupt or harm the API website or computer or telecommunications equipment functionality;
Interfere with, disrupt, or make excessive or harmful automated use of the API Services, servers or networks;
Impersonate or misrepresent affiliation with API or other person or entity;
Collect or store personal data about other users, or solicit passwords or personal identifying information for unintended, commercial or unlawful purposes.
Engage in commercial activities within the API website without prior approval, including without limitation the display of commercial banners.
You agree to comply with all applicable laws regarding transmission of data exported from the United States or the country in which you reside. The user is solely responsible for his or her actions when using the Service including without limitation costs incurred for the user’s Internet access.
Submitted content
Other than information protected by the API Privacy Policy, for any materials, including photographs, that you post, submit or otherwise provide to API for posting on any area of the API website (“User Content”), you grant to API a non-exclusive, royalty-free and world-wide license to use, copy, reproduce, distribute, transmit, publicly display, publicly perform, edit, translate, reformat, and create derivative works from your User Content in connection with the API website, and to sublicense these rights in connection with the API website. For any and all User Content, you represent that you have all rights necessary to make the grants contained herein. In addition, you expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the User Content; and represent and warrant: (i) that any photograph that you post or provide is either a picture of you or that duplication or display of the photograph will not violate any rights of or require any compensation to any person or entity, (ii) that you are the copyright owner of the User Content or have all rights necessary to authorize its use or distribution and (iii) that you are eighteen years of age or older, and that no minors are included in the paragraph without consent of the minor’s parent or guardian. You understand that, once your User Content is posted, anyone can download and/or distribute that User Content.
Indemnification
You agree to indemnify and hold API and the API Entities harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your User Content, your use of the API Services, your violation of this Agreement, or your violation of any rights of another. You expressly waive any and all claims that you may have against the API Entities from any and all liability arising from or related to the submission or use of the User Content. API is under no obligation to display or otherwise use your User Content and may remove your User Content at any time and for any reason. You understand and agree that API does not pre-screen User Content but that API shall have the right, but not the obligation, in its sole discretion, to refuse, edit or remove, in whole or in part, any User Content including, without limitation, any content that violates the Terms of Service or that is or is alleged to be offensive, objectionable, or infringing of intellectual property rights. By posting or otherwise transmitting User Content to the API website, you acknowledge and agree that API and the API Entities may have access to and/or may create or have created materials or ideas that may be similar or identical to your User Content, and that, unless otherwise expressly agreed to in writing by an authorized API representative, you will not be entitled to compensation or liability because of use by API or the API Entities of similar or identical material independently created, conceived or developed for any purposes whatsoever, including without limitation, developing, manufacturing or marketing products or services.
You acknowledge and agree that API is not responsible or liable for incompatibility between the API website and other sites, services, software or hardware. API is not responsible or liable for damages or costs of any type arising from or connected with your use of services available from third parties though links contained on the API website. You understand and agree that areas of the API website may include advertisements at API’s discretion and that API has the right to run such advertisements with or without notice or recompense to you or any other user. You agree that your correspondence or dealings with advertisers found on or through the API website, including goods, services, payment, delivery, terms, conditions, warranties or representations, are solely between you and such advertiser and that API shall not be responsible for loss or damage incurred as the result of such dealings or the presence of advertisers on the API website.
Disclaimer of Warranties.
API does not warrant or guarantee and expressly disclaims any and all responsibility or liability for the accuracy, completeness, reliability, security, timeliness, operability or availability of information or material displayed in the API website. API disclaims any responsibility for the untimely delivery or receipt, deletion, omission, or failure to store, or of any content, information or material. Nothing contained in the API website constitutes an offer or solicitation to buy or sell advertising or any other product or service. The API services, and all information, materials, services and products included in the services are provided “as is,” with no representations or warranties whatsoever. API and the API entities expressly disclaim, to the fullest extent permitted by law, all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, accuracy, title, quiet enjoyment, no encumbrances, no liens, workmanlike effort, non-infringement, course of dealing, or that access to or use of the API services will be uninterrupted or error-free. You understand and agree that you download or otherwise obtain or use material or data through the API services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability.
Under no circumstances shall API or the API entities be liable to any user arising from that user’s use or misuse of or reliance on the API services or from any claim relating to this agreement. API shall not be liable for any harm caused by the transmission through the website of a computer virus, or other computer code, or programming device that may be used to access, modify, delete, damage, corrupt, or otherwise impede or harm in any manner the operation of the API website or your software, hardware, data, or property. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence) or otherwise, even if API or the API entities have been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the API services, from inability to use the API services, performance or non-performance of the API services, or from the interruption, suspension, or termination of the API services (including such damages incurred by any third parties). This limitation shall also apply with respect to damages incurred by reason of other services, goods or information received through the API services or received through any links or references provided in the API services. This limitation shall also apply, without limitation, to lost data, lost profits, or the costs of procurement of substitute goods or services. Such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall API or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. If you are dissatisfied with the API website, do not agree with any part of this agreement, or have any other dispute or claim with or against any API entity with respect to this agreement or the API website, then your sole and exclusive remedy is to discontinue using the API website . Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Termination of Users
Pursuant to 17 U.S.C. 512 (i), API has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the API website who are repeat infringers. API may terminate access for users who are found repeatedly to provide or post protected material without necessary rights and permissions.
Interim Designation of Agent
Pursuant to 17 U.S.C. 512(c), API has designated the following agent to receive notifications of claimed infringement: Newspaper Association of America, 4401 Wilson Blvd., Suite 900, Arlington, VA 22203-1820. Telephone number of designated agent is 571-366-1000.
Governing Law
These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized API representative. API may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, under this Agreement or in area of the API website.
