Terms of Service: Individual, Non-Institutional Online Subscribers, and Registered Users


This document defines the terms and conditions for subscriptions to The New York Review of Books’ online edition, which are available at this time only to individuals for their private, noncommercial use (“Individual Subscribers”), and not to institutions for multi-person use.

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-of-service. Your assent to the TOS and your use of nybooks.com as a subscriber to the online edition of The New York Review of Books constitute your agreement to all such terms, conditions, policies and notices (the “Agreement”).

2. DESCRIPTION OF SERVICE

The New York Review of Books offers Individual Subscribers to its online edition access to features and content (the “Service”) not available in the free sections of nybooks.com. 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

In order to use the Service you will be required to register and create an account. You agree to pay the subscription fee, including applicable taxes, incurred through your account. 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 the subscription fee incurred through your account to the credit card you designate on the Registration Form.

If payment cannot be charged to your credit card or your payment is returned to The New York Review of Books for any reason, including charge back, The New York Review of Books reserves the right to either 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 email 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.

You must be 13 years or older to subscribe to all parts of the Services.

6. NON-TRANSFERABILITY OF SUBSCRIPTION

Your right to use this site is personal to you alone, 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. SUBSCRIPTION RENEWAL AND CANCELLATION

The New York Review of Books will email you approximately one month before the end or your one-year subscription with an opportunity to renew your subscription. The New York Review of Books will cancel your account upon receipt of such notification from you. In no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges.

Subscriptions to The New York Review of Books’ online edition are non-refundable. Subscribers to The New York Review of Books’ print edition who elect to subscribe, in addition, to the online edition at the special rate offered to print subscribers (the “Special Rate”), and who cancel their print subscriptions before the full term thereof is completed, agree that The New York Review of Books may deduct from any pro-rated refunds for the print subscription the difference between the Special Rate and the amount normally charged for the online edition alone.

8. SPONSORS, THIRD PARTIES, ADVERTISERS AND LINKS

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that The New York Review of Books shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service. In addition, The New York Review of Books may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The New York Review of Books has no control over such sites and resources, you acknowledge and agree that The New York Review of Books is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for the accuracy or quality of any content, advertising, products, or other materials on or available from such sites or resources, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Additionally, we use third-party advertising companies to serve some advertisements when you visit our website. These companies may use aggregated information about your visits to this website in order to provide advertisements about goods and services that may be of interest to you.

9. 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.

10. 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 ANNUAL SUBSCRIPTION FEE PAID BY YOU.

11. 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.

12. 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.

13. HEADINGS FOR CONVENIENCE ONLY

The section titles in the TOS are for convenience only and have no legal or contractual effect.

14. VIOLATIONS

Please report any violations of the TOS to us at web@nybooks.com.

15. 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.

16. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS

Any comments, materials, or letters sent by you to The New York Review of Books regarding the site or its content, including questions, comments, suggestions, criticisms or the like (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. The New York Review of Books shall have no obligation of any kind with respect to such Received Materials and The New York Review of Books will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.

17. PRIVACY

You can read The New York Review of Books’ privacy statement here.

18. 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.

19. 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.

20. CHOICE OF LAW AND FORUM

This document defines the terms and conditions for subscriptions to The New York Review of Books’ online edition, which are available at this time only to individuals for their private, noncommercial use (“Individual Subscribers”), and not to institutions for multi-person use.