TRUTHDIG SERVICE USER AGREEMENT
PLEASE READ THE USER AGREEMENT BEFORE USING THE SERVICE. BY CONTINUING TO USE TRUTHDIG.COM, YOU AGREE TO ABIDE BY THE TERMS OF THE USER AGREEMENT.
1. Welcome to Truthdig.com (the "Web Site," "Service" or "we"). By using the Service, you agree to be bound by all of the terms of the User Agreement (the "User Agreement"). We reserve the right to change the terms of the User Agreement or to modify any features of the Service at any time without notice to you, and you agree to be bound by such changes. Any changes to the User Agreement shall become a part of the User Agreement and shall apply as soon as they are posted on the Web Site. The most current version of the User Agreement can be viewed at any time at: www.truthdig.com. Your use of the Service constitutes your agreement to all such terms, conditions and policies. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service shall be subject to the User Agreement.
2. We reserve 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 Truthdig shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
3. The Service (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising the Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service. By sending content to Truthdig, you grant Truthdig the right to use such content on the Service and its affiliated publications and to distribute such content and use such content for any purpose.
4. Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service, except as permitted under the last sentence of this Section 4 and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of the Service over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. We respect the right of others to make "fair use" of the materials contained on the Web Site; accordingly, you may from time to time excerpt and use materials set forth on the Web Site, provided, that you must give the original author and Truthdig proper attribution and such use must be for a non-commercial purpose only and not, for example, for re-sale.
5. We are concerned about the integrity of the Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the Service. Neither you nor any third party shall make use of any part of the Service, in whole or in part, in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us in writing.
6. You agree to defend, indemnify and hold harmless Truthdig from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Web Site.
7. THE SERVICE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICE OR AVAILABLE THOUGH LINKS IN THE SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICE AND ANY MATERIALS AVAILABLE THROUGH THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
THE SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY TRUTHDIG OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING WITHOUT LIMITATION ANY LEGAL COMMENTARY OR FINANCIAL DATA OR COMMENTARY, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF LEGAL, TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SERVICE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY TRUTHDIG AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. We are not responsible for the availability or content of other services that may be linked to this Service. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that Truthdig 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 the use of or reliance on any content, goods or services available on or through such services.
9. Truthdig and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Service (including, without limitation, as a result of breach of any warranty or other term of this User Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of the Service.
10. This User Agreement may be terminated by either party for any reason at any time. Sections 3 through 11 of this User Agreement shall survive such termination.
11. This User Agreement shall be governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS USER AGREEMENT.
12. User Comments: We welcome your comments about the Web Site! We especially appreciate your comments about the content on the Web Site posted using our "Add Your Comment" feature at the bottom of each piece of content. However, any such comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") submitted to Truthdig shall be and remain the exclusive property of Truthdig. Your submission of any such Comments constitutes an assignment to Truthdig of all worldwide rights, titles and interests in and to all copyrights and other intellectual property rights associated with the Comments. Truthdig will be entitled to use, reproduce, disclose, publish, re-publish and distribute any such Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. By submitting any such Comments you are confirming that (a) you are the sole author of the Comments and the Comments are original with you and not copied in whole or in part from any other work; (b) you have obtained all necessary permissions associated with the Comments, including without limitation permissions relating to copyrights, trademarks, rights of publicity and/or rights of privacy; and (c) the Comments are not libelous or obscene. By submitting any such Comments you are granting Truthdig permission to use your name (as provided by you) to attribute the Comments to you.
Last Updated: May 3, 2006