| Please note that this site is under constant development. New services are added frequently and this agreement may therefore be modified in the near future. It is important to check back to this page the next time you visit. |
| General Rules |
Your access to and use of TNR ONLINE and all products and services of The New Republic, regardless of media, is subject to the terms, conditions and disclaimers set forth below and from time to time throughout TNR ONLINE, to our Online Privacy Policy, and to all applicable laws and regulations. In addition, The New Republic reserves the right to terminate access to TNR ONLINE for any reason, and to take any other actions that The New Republic, in its sole discretion, believes to be in the interest of the company and of its users and customers as a whole. The New Republic reserves the right to modify these disclaimers, terms and conditions of access, without advance notice.
This is a binding contract between The New Republic and you. By your acceptance of this agreement and use of TNR ONLINE, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with The New Republic including your login and user profile. |
| Access and Passwords |
Access to TNR ONLINE is provided free of charge and does not create a professional services relationship or any other relationship with The New Republic. Access to many pages on TNR ONLINE is limited to registered users, who are issued user names and passwords. Use of any password-protected area of TNR ONLINE is restricted to the registered user who has been given permission and a password to enter such area. This password may not be distributed to others, and the registered user is responsible for any and all damages to The New Republic resulting from the distribution of his or her password.
You are responsible for maintaining the confidentiality of your password. You are responsible for all uses of your registration, whether or not authorized by you. You agree to notify The New Republic immediately of any unauthorized use of your registration or password. |
| License and Termination |
Your access to TNR ONLINE is licensed to you, not sold. This license immediately terminates upon your breach of this agreement and, in addition, The New Republic may terminate the license immediately at any time, at will and for the convenience of The New Republic. If you do not abide by the disclaimers, terms, or conditions herein, you are not authorized to use TNR ONLINE.
TNR ONLINE may be used only by you, and you may not rent, lend, sub-license, or transfer TNR ONLINE or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of TNR ONLINE. You may not transfer to or store any data residing or exchanged over TNR ONLINE in any electronic network for use by more than one user unless you obtain prior written permission from The New Republic.
For any images, text, data or other information (referred to here as "Content") you submit to The New Republic, including profile information, chat room or forum pages, and any e-mail, you warrant that you own the right to utilize, to license and to sublicense the Content and you grant to The New Republic a non-exclusive, worldwide, paid-up and royalty-free perpetual license, including right of sublicense, to use, display, distribute, perform, reproduce in whole or in part, modify and create derivative works from the Content, in any media. |
| Intellectual Property |
The New Republic and TNR ONLINE, and all other text and images contained on TNR ONLINE and in The New Republic's products are protected by United States trademark and copyright law and other applicable law and are the property of The New Republic, except as otherwise identified. All copyrights and trademarks not the property of The New Republic that are used or referred to in TNR ONLINE and The New Republic's products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of The New Republic or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law.
The New Republic's products, including materials on the site, may not be modified, reproduced or displayed for any commercial or public purpose without specific written permission from The New Republic. |
| Acceptable Use Policy |
You are solely responsible for any and all acts and omissions that occur during or relating to your use of TNR ONLINE, and you agree not to engage in unacceptable use of TNR ONLINE, which includes, without limitation, use of TNR ONLINE to:
· Disseminate or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
· Disseminate or transmit material that to a reasonable person may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including The New Republic;
· Disseminate any material, non-public information about companies without the authorization to do so;
· Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
· Purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to provide information designed to manipulate any equity or security or market;
· Interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on TNR ONLINE or any other computer network;
· Print out or otherwise copy or use any personally identifiable information about other users;
· Disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs or other items of a destructive nature or any other malicious code or program;
· Express or imply that any statements you make are endorsed by us;
· Restrict or inhibit any other visitor or user from using TNR ONLINE, including, without limitation, by means of "hacking" or defacing any portion of TNR ONLINE;
· Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of TNR ONLINE;
· Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of TNR ONLINE;
· Remove any copyright, trademark or other proprietary rights notices contained in TNR ONLINE;
· "Frame" or "mirror" any part of TNR ONLINE; and/or
· Engage in any other activity deemed by The New Republic to be in conflict with the spirit or intent of this agreement.
You understand that by using TNR ONLINE, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access. |
| Content and Non-Endorsement |
| Opinions and other statements expressed by users and third parties are theirs alone, not opinions of The New Republic. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. TNR ONLINE and third parties may provide links to web pages, web sites, and various resources or locations on the web. The New Republic has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information. |
| If you believe in good faith that your copyrighted work has been reproduced on TNR ONLINE without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Allen Chin, General Manager, The New Republic, 1331 H Street, NW, Suite 700, Washington, DC 20005 or by e-mail. Any personal information you provide in your mail or email will be used only for purposes related to your mail or email. If you are aware of any communication in a chat room or forum on TNR ONLINE that is unlawful, infringes the property rights of The New Republic, a user, or a third party, or otherwise fails to conform to these Terms of Service, please send an e-mail notification with the subject "Inappropriate Use" to online@tnr.com. |
| The New Republic does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the chat rooms or online forums or any other part of TNR ONLINE, except that (i) The New Republic may consolidate and edit for clarity any Content posted to chat rooms or online forums, (ii) The New Republic may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) The New Republic reserves the right to monitor TNR ONLINE and to remove any information that The New Republic, in its sole discretion, considers to be inappropriate or unlawful. The exercise of such rights shall not create an obligation for The New Republic to monitor, screen or edit Content on TNR ONLINE in any way. |
| Please note that, because The New Republic and its designees host message boards, reviews and feedback areas and other forums found on TNR ONLINE (collectively, the "Forums") and, therefore, redistribute materials you give to us, The New Republic requires certain rights in those materials. Accordingly, by sending or transmitting to The New Republic creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of TNR ONLINE, you grant The New Republic and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of The New Republic and The New Republic will not be liable for any use or disclosure of any Submissions. |
| Forums |
| The Forums are designed to permit you to share your ideas and opinions. Information on the Forums is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. The New Republic neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on TNR ONLINE or Forums by third parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of The New Republic. The New Republic is not responsible for any errors or omissions in postings in the Forums, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will The New Republic or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through TNR ONLINE or the Forums. |
| We have no obligation to monitor the Forums, or any Submissions or other materials that you or other third parties transmit or post on the Forums. You acknowledge and agree that The New Republic has the right (but not the obligation) to monitor the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate TNR ONLINE properly; to protect ourselves, and our visitors; and to comply with legal obligations or governmental requests. |
| Additional terms applicable specifically to the Forums are incorporated here by reference, and can be found in full here. |
| Limitation of Liability and Use |
| The New Republic has worked to ensure the accuracy of the information it provides through its products and services, including through TNR ONLINE. This information frequently relies on data obtained from many sources, however, and The New Republic cannot guarantee the accuracy of the information provided or any analysis based thereon. |
| YOU EXPRESSLY AGREE THAT THE USE OF THE NEW REPUBLIC'S PRODUCTS AND SERVICES, INCLUDING TNR ONLINE, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND THE NEW REPUBLIC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE NEW REPUBLIC DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH TNR ONLINE OR FROM THE NEW REPUBLIC, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM THE NEW REPUBLIC NOT EXPRESSLY STATED IN THIS AGREEMENT. |
| THE NEW REPUBLIC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER THE NEW REPUBLIC WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. |
| Indemnification |
| You agree to indemnify, defend and hold The New Republic, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of these Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to TNR ONLINE e infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with TNR ONLINE. |
| Special Agreement on Fee-Shifting and Choice of Law |
| If you attempt to bring any legal action against The New Republic based in any way on its products or services, including TNR ONLINE, you agree that, in the event you do not prevail or The New Republic does prevail, you will reimburse The New Republic for any costs and attorneys fees associated with their defense of the action. |
| The use of TNR ONLINE and any claim or dispute relating to TNR ONLINE shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the District of Columbia. Use of TNR ONLINE is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph. |
| Severability |
| If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document. |
| Termination |
This agreement may be terminated by either party for any reason at any time. The sections on Intellectual Property, Limitation of Liability and Use, Indemnification and Choice of Law shall survive such termination.
BY CONTINUING TO USE TNR ONLINE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
This Terms of Service was last updated effective September 23, 2005. |
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