Terms of Service -- Purchasers of Current and Archival Content
This document defines the terms and conditions for purchasers of current and archival content from The New York Review of Books' electronic edition.
1. ACCEPTANCE OF TERMS
The New York Review of Books (nybooks.com and NYREV, Inc.) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. You can review the most current version of The New York Review of Books' TOS at any time at www.nybooks.com/about/terms-article. Your assent to the TOS and your use of nybooks.com as a purchaser of current or archival content from the electronic edition of The New York Review of Books constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement").
2. DESCRIPTION OF SERVICE
The New York Review of Books offers persons who do not subscribe to its electronic edition access to current and archival features and content (the "Service") for a fee, under the conditions set out below. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS IS" and that The New York Review of Books assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
3. MODIFICATIONS TO SERVICE
The New York Review of Books reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The New York Review of Books shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The New York Review of Books may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use nybooks.com after the notice is posted, you are indicating your acceptance of those changes.
4. FEES AND PAYMENTS
The New York Review of Books will charge you a fee for each purchase of content from its electronic edition. In order to use the Service you will be required to register and create an account. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. The New York Review of Books reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon posting of such changes on the site.
In order to set up an account with nybooks.com you must provide The New York Review of Books with valid credit card information. By submitting such credit card information, you give The New York Review of Books permission to charge all fees incurred through your account to the credit card you designate on the Registration Form. All fees will be charged at the time they are incurred.
If payment cannot be charged to your credit card for any reason, The New York Review of Books reserves the right to suspend or terminate your account and all its obligations under this Agreement.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service), you must promptly change your password and notify The New York Review of Books of the problem by giving notice via e-mail to web@nybooks.com.
5. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to obtain access to this Service, you will provide The New York Review of Books with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting your account page). You will be solely responsible for maintaining the confidentiality of your password and for all usage or activity on your nybooks.com account
6. NON-TRANSFERABILITY OF ACCOUNT
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE NEW YORK REVIEW OF BOOKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NEW YORK REVIEW OF BOOKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NEW YORK REVIEW OF BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE LIABILITY OF THE NEW YORK REVIEW OF BOOKS UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE FEE PAID BY YOU.
9. DOWNLOADING AND COPYING; RESTRICTIONS ON USE
All materials on this site ("Online Material"), including, without limitation, names, logos, trademarks, service marks, images, articles, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by The New York Review of Books or by other parties that have licensed their material to The New York Review of Books. You may download or copy the Online Material for noncommercial personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Online Material for other than noncommercial personal use by you is expressly prohibited without prior written permission from the New York Review of Books or the copyright holder identified in the copyright notice contained in the content. You may not add, delete, distort, or otherwise modify the content on this site. The New York Review of Books, nybooks.com, and other nybooks.com logos and product and service names are trademarks of The New York Review of Books.
10. NON-WAIVER; SEVERABILITY; LIMITATIONS OF ACTIONS
The failure of The New York Review of Books to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
12. VIOLATIONS
Please report any violations of the TOS to us at web@nybooks.com.
13. INDEMNIFICATION
You agree to indemnify, defend and hold The New York Review of Books harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
14. PRIVACY
You can read The New York Review of Books' privacy statement here.
15. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on http://www.nybooks.com constitute the entire agreement between you and The New York Review of Books and govern your use of the Service.
16. REFUSAL OR DISCONTINUANCE OF SERVICE
The New York Review of Books reserves the right to refuse or discontinue service to any user for non-compliance with these Terms of Service.
17. CHOICE OF LAW AND FORUM
This Agreement, and any dispute arising from its terms or its breach, will be governed by the laws of the State of New York, and you agree to personal jurisdiction by the state and federal courts sitting in New York, New York.