Please check back periodically. News and Guts may modify the Terms from time to time, and you agree that posting to the Site shall be deemed constructive notice and that your continued use of the Site following such notice of any modification to shall be deemed an acceptance of all such modification(s).
Conditioned upon your acceptance of these Terms, News and Guts grants you permission to access and use the Site as set forth in these Terms.
- Ability to Accept Terms and Registration
You may be required to register to use certain features, functions, and content of the Site. When using the Site or registering, you affirm that you are either (1) more than 18 years of age, or (2) more than 13 years of age and either (a) an emancipated minor, or (b) possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You also affirm that any registration information that you submit is truthful, current, and accurate, and you agree to make reasonable efforts to update such information as necessary.
N&G reserves the right at any time to charge fees for access to the Site or portions of the Site. If at any time N&G requires a fee for portions of the Site or the Site as a whole, N&G will require you to register and create an account. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Site by News and Guts or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Site through your account, and the purchase of any other products or services.
As part of the registration and account creation process necessary to obtain access to certain portions of the Site, including those portions that require a fee or payment for access, you will select a username and a password. You will provide N&G with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that N&G, in its sole discretion, deems offensive or inappropriate. N&G reserves the right to deny creation of your account based on N&G’s inability to verify the authenticity of your registration information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password.
- Intellectual Property and Your Use of the Site
The Site, including but not limited to text, content, photographs, video, audio and graphics, and goods, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site. You acknowledge that the Site has been developed, compiled, prepared, revised, selected, and arranged by N&G, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates (collectively “News and Guts”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of News and Guts and such others. You agree to protect the proprietary rights of News and Guts and all others having rights in the Site during and after the term of this agreement and to comply with all reasonable written requests made by N&G or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Site.
You further agree to notify N&G in writing promptly upon becoming aware of any unauthorized access or use of the Site by any individual or entity or of any claim that the Site infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Site (the “Intellectual Property Rights”) shall, as between you and News and Guts, at all times be and remain the sole and exclusive property of News and Guts. All present and future rights in and title to the Site (including the right to exploit the Site and any portions of the Site over any present or future technology) are reserved to News and Guts for its exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Site or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Site, or the names of any individual participant in, or contributor to, the Site, or any variations or derivatives thereof, for any purpose, without N&G’s prior written approval.
You may not use the Site for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the Terms. You agree to use the Site solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Site in any manner that could compete with the business of News and Guts or any of its suppliers.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Site, except that you may download material from the Site and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Site without N&G’s prior written consent. You may use the “e-mail this article” function solely to inform others about a News and Guts News article, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information. You may not offer any part of the Site for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of N&G. The Site and the information contained therein may not be used to construct a database of any kind. Nor may the Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database containing all or part of the Site. You may not use the Site in any way to improve the quality of any data sold or contributed by you to any third party.
You may not use any of the trademarks, trade names, service marks, copyrights, or logos of News and Guts in any manner which creates the impression that such items belong to or are associated with you or are used with News and Guts’ consent, and you acknowledge that you have no ownership rights in and to any of such items.
You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Site, any activities conducted on or through the Site or any servers or networks connected to the Site. You may neither obtain nor attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by public display on the Site or through accessibility by a visible link on the Site. You shall not violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of N&G, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site, or any other Site information without the prior express written consent of N&G. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
- External Links
- Linking to the Site
Unless otherwise prohibited under these Terms, you may create hyperlinks to the Site, provided that the hyperlink accurately describes the content as it appears on the Site. N&G reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” or “embed” or “stream” the Site, or any of its content, or copy portions of the Site to a server, except as (a) as part of an Internet service provider’s incidental caching of pages, or (b) where the Site makes certain content available to embed. Any such link must result in the display of the applicable page of the Site in its entirety (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within Site.
- User Submissions
This Site offers interactive areas where users can express opinions and share ideas and information. News and Guts does not monitor all of the material posted or transmitted to the Site and is not responsible for content made available through the Site by users. By using the Site, you understand that you may be exposed to content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Site and any of its content, including but not limited to whether you should rely on said content.
If you choose to make submissions, you agree to the following terms.
- General Terms
You are entirely responsible for all postings, messages, text, files, images, graphics, illustrations, audio clips, video clips, sounds, photographs or any other information or materials that you upload, post, email, transmit, publish or otherwise make available through the Site (“Submissions”). By making Submissions, you represent and warrant: (a) you own or otherwise have all necessary rights, including but not limited to all Intellectual Property Rights, in and to the Submissions; (b) the Submissions are true, accurate, current and complete and do not violate these Terms; and (c) the Submissions will not cause injury to any person or entity.
You may not make a Submission that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of N&G, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.
You acknowledge and agree that Submissions may be available for viewing and comment on by the public. You acknowledge and agree that, once submitted by you and made accessible to users, N&G shall have no obligation to remove, delete, or disable access to any Submissions. However, N&G may, at its sole discretion, remove or prevent access to, in whole or in part, any Submissions, for any reason or no reason, including any material it deems in violation of this its standards. N&G may also, at its sole discretion, revoke the access privileges of anyone it believes has violated these Terms.
- Permissions for Use of Submissions
The copyrights in Submissions are held by the individual creators of the Submissions. You grant News and Guts a royalty-free, perpetual, irrevocable, worldwide, assignable, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the Submissions, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the Submissions. The foregoing license includes, but is not limited to, the N&G’s use of the Submissions the Site, any advertising or promotion of same, and any other media projects. You explicitly agree that N&G may reproduce, in whole or in part, modified or otherwise, any content that you submit through the Site in any other products. You hereby waive any right to inspect or approve any versions of the Submissions or other use of the Submissions by N&G and any right to compensation for the N&G’s use of the Submissions.
- Agent to Receive Notification of Claimed Infringement
News & Guts does not knowingly publish (or permit individuals to publish) copyrighted material without permission. If you believe that any material published on the Site has been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please notify the N&G’s Copyright Agent of any alleged infringement:
Your notice to the Copyright Agent should be in the form of a written, signed statement containing the following information: (1) a description of the infringing material; (2) a description of the copyrighted work(s) that you believe has been infringed; (3) the name of the owner of the copyright; (4) your name; (5) your address, telephone number and/or email address; (6) a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law; (7) a statement that all of the information you have provided is true; and (8) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.
You agree that N&G may terminate your use of the Site at any time, with or without cause. You agree that N&G will not be liable to you or any third party as a result of such termination. The prospective obligations of these Terms will survive termination of your access to the Site or these Terms.
- No warranties
The contents of the Sites are provided “as is” and without any warranty of any kind, whether express or implied. To the fullest extent permitted by applicable law, N&G disclaims all express or implied warranties of merchantability, warranties of fitness for a particular purpose, and all other express or implied warranties. N&G expressly disclaims any warranty that the functions contained in the contents of either Site will be uninterrupted or free of errors, that defects will be corrected, or that either Site or the server that makes either Site available are free of viruses, worms, or other elements harmful to your computer system. Some states do not allow the exclusion of implied warranties, so the disclaimer of implied warranties may not apply to all users of any Site.
- Liability exclusions
You agree that N&G shall not be liable to you or to any other person for any actual, special, consequential, or any other damage that results from your use of, or your inability to use, the Site or its contents, including without limitation any (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage of any nature whatsoever, resulting from your access to and use of our Site; (c) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) interruption or cessation of transmission to or from the Site; (e) bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Site by any third party, and/or (f) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not N&G is advised of the possibility of such damages.
If you post, transmit, or submit to any Site anything in violation of these terms, you agree to indemnify N&G and its agents, successors, and subsidiaries for any and all claims, damages, demands, injuries, or losses arising from whatever it was that you posted, transmitted, or submitted. If you have an “account” to make Submissions, you agree to be fully liable for any and all claims, damages, demands, injuries, or losses arising from any posting, transmission, or submission resulting from someone else using your account, regardless of whether you permitted that use.
- Resolution of Disputes
You agree that any dispute between us or arising from, relating to or in any manner connected with the Terms or your access to or use of the Site shall be construed under and resolved in accordance with the laws of the State of New York, exclusive of its choice of law principles. Any such dispute shall be litigated only in the state or federal courts of New York, to the personal jurisdiction of which you hereby consent. If you are outside the United States, you further agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the “Act”).
- Severability; Entire Agreement