THIS AGREEMENT WAS LAST UPDATED ON DECEMBER 19, 2011.
These Terms of Service govern your use of the Metro US website (the “Service”) only and do not govern your use of other METRO US services offered by the METRO US print newspaper. Your failure to follow this Terms of Service agreement may result in termination of your access to Metro US by Metro US US, without notice and in addition to any other remedies available to Metro US US.
The Service contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download an insubstantial amount of material from the Service and may only use the Service for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not post any content from Metro US to newsgroups, mail lists, electronic bulletin boards, or weblogs (“blogs”) without the prior written consent of Metro US US.
As part of our Service, Metro US agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service.
You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by METRO US or Metro US US. However, you may not, without the prior written permission of Metro US US, frame any of the content of the Service, or incorporate into another website or other service any material, content or intellectual property belonging to Metro US US, its parent or affiliate companies or their licensors.
License to Metro US
By posting messages, sending comments via the Service, uploading files, or otherwise providing any material to us for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting Metro US a royalty-free, perpetual, non-exclusive, unrestricted, irrevocable, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
The information that Metro US collects about visitors while they are using the Service falls into two general categories:
1. Information You Provide to Us. Metro US may collect and store information, personal or otherwise, that you voluntarily supply either while on the Metro US website or in responding, via e-mail or other method, to a feature published on Metro US US. Some examples of this type of information include demographic information which you may submit when you sign up for access to certain features on the Service, information (such as your name or e-mail address) that you submit online when you register for surveys, sweepstakes or contests on the Metro US website, information that you post on message boards on the Metro US website, and information contained in search requests or questions that you submit to the Metro US website. If you decline to supply or provide Metro US with certain information while using the Service, you may not be able to use or participate in some or all of the features offered through the Service. Surveys, sweepstakes or contests are entirely voluntary and you may decline to participate at any time. Information collected about users may be used by Metro US (and our affiliates and partnering third-party companies) to provide users with the features of the site, to enable us to provide the products you requested, to send you e-mail notifications about our services and products, for audits, to perform statistical analysis of user behavior in order to measure interest in the various areas of our site (for product development purposes) and to inform advertisers as to how many users have seen or “clicked” their advertising banners. We will disclose site usage information to third parties only in aggregate.
2. Information that is Automatically Collected. Metro US also collects and stores information that is generated automatically as you navigate through the Metro US website. For example, to enhance your experience on the Metro US website, Metro US uses a standard feature found in browser software called a “cookie.” Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Metro US site, cookies help us track user trends and patterns and to show users the most relevant material available on the Service. Cookies also may save you the trouble of having to re-enter your preferences on certain areas of the Metro US site where you may have made a selection or preference before. Metro US also uses web beacons (also known as “single-pixel GIFs”) to access cookies and to count users who visit the Metro US site or who open any HTML-formatted email messages the Metro US may publish and send to you. Another example of information that Metro US automatically collects as you navigate the Metro US site is information about your computer’s connection to the Internet. This information allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Metro US site.
How is the Information Used?
Metro US uses the information it collects from you while you are using the Service in a variety of ways, including using the information to customize features and advertising that appear on the Metro US website. Metro US will not use the information that it collects online from you while you are using the Service and Metro US will not allow third parties to use such information to send promotional offers directly to you unless you have informed Metro US that you would like to receive such promotional offers, either from Metro US or third parties. If you choose to receive these promotional offers, then your information may be used for direct mail or e-mail marketing. You may view or update your preference to receive these promotional offers by visiting Metro US US.
In addition, we may from time to time provide trusted partnering third parties with information about Metro US visitors. For example, we may provide our advertisers with aggregate information about our visitors to target ads more effectively to users of the Services. Therefore, Metro US reserves the right to use and to disclose to third parties information which may be collected online about you in any way and for any purpose. If you do not agree with these terms of service, do not use Metro US and do not provide any personal information to Metro US US.
Please remember that whenever you may disclose or publish personal information (on message boards or in chat areas, for example) that information is in the public domain and can be seen, collected and used by others not affiliated or authorized by Metro US US. Therefore, it is not possible for Metro US to be responsible for any unauthorized collection and use of information that you choose to disclose online.
Be advised that Metro US may occasionally release information about visitors when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of visitors to our site, the public, or Metro US US.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that Metro US US, some or all of our assets, or our site is acquired by another company, information on our visitors may be among the transferred assets.
Children’s Privacy Statement for Metro US
This children’s privacy statement explains Metro US US’s practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.
• We do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Service. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen as part of the Service, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Service.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Service, we also do NOT knowingly distribute such information to third parties.
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Service.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Service, we do NOT condition the participation in the Service’s online activities of a child under thirteen on providing personally identifiable information.
Questions on Privacy
If you have questions or concerns about the children’s privacy statement, the privacy practices of the Metro US website, or your dealings with Metro US US, please contact us by:
Metro US Legal Department
44 Wall Street, 8th Floor
New York , NY 10005
phone: (212) 952 1500
Through the Service, Metro US has provided links and pointers to Internet sites maintained by third parties. Linking to such third party sites by Metro US does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither the owner of Metro US US, or its parent or subsidiary companies, or their affiliates, operate or control in any respect any of the information, products or services that third parties may provide on or through the Service or on websites linked to by the Metro US website. The information, products and services offered on or through the Service and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Metro US disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Metro US does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
Metro US does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service, or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Metro US) assume the entire cost of all necessary maintenance, repair or correction.
METRO US AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH METRO US US. NEITHER METRO US US , NOR ANY OF ITS AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING METRO US AND ANY NEWS AND INFORMATION THROUGH METRO US US . IN NO EVENT WILL METRO US US, ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF METRO US US, ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH METRO US OR THE INFORMATION IN METRO USL.US SHALL NOT EXCEED THE AMOUNT YOU PAID TO METRO US FOR USE OF METRO US US.
The Service is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories, if ever published, may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Contests or Sweepstakes
CLUB METRO TICKET GIVEAWAY SWEEPSTAKES (“SWEEPSTAKES”)
SPONSORED BY FREE DAILY NEWS GROUP INC. D/B/A METRO
Each individual promotion will be announced via an advertisement in The Metro (“Promotion Posting”). A Promotion Posting will include the entry deadline and the prize(s). All information contained in a Promotion Posting is incorporated herein by reference.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION IN THIS SWEEPSTAKES CONSTITUTES YOUR ACKNOWLEDGMENT AND AGREEMENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THESE OFFICIAL RULES. VOID IN ALASKA AND HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW.
TO ENTER: If entrant is an existing member of the Club Metro program, entrant may visit www.metro.us/newyork/clubmetro , www.metro.us/boston/clubmetro , www.metro.us/philadelphia/clubmetro (“Website”) and follow the on-screen instructions to complete and submit an entry. If entrant is not an existing member of the Club Metro program, entrant must become a member by visiting the Website and completing the registration form. Becoming a member is free. Entry must be received by the deadline stated in the Promotion Posting to be eligible.
Each entrant may enter the Sweepstakes only one (1) time during the Sweepstakes Period. Any attempt to use multiple names or email accounts or other tactics to enter more than the stated limits may result in entrant’s disqualification by Sponsor from the Sweepstakes, including all associated entries being voided. Entries generated by mechanical, script, macro or other automated means or by any means which subvert the entry process shall be void. All entries become the property of Sponsor and will not be acknowledged by Sponsor or returned to entrant. ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE MASSACHUSETTS, PENNYSLVANIA OR NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATES OF MASSACHUSETTS, PENNYSLVANIA, NEW YORK SHALL GOVERN THE SWEEPSTAKES.
DRAWING: One potential winner (the “Winner”) will be selected from all eligible entries received in a random drawing held on or about the day following the following the entry deadline. Odds of winning depend on the number of eligible entries received. Potential Winner will be notified using the e-mail address provided at the time of registration for the Club Metro program. If a potential Winner does not respond or make direct contact with Sponsor by the time specified in the email notification from Sponsor, or fails to accept the Prize, the potential Winner will be disqualified and an alternate Winner may be selected from among the remaining applicable eligible entries received, time permitting. Potential Winner and Guest (as defined below) may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within twenty-four (24) hours of issuance. If such documents are not returned within the specified time period, or prize notification is returned as undeliverable, or a potential Winner is not in compliance with these rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate Winner selected. If a potential Winner is at least eighteen (18) years of age but still considered a minor in his/her jurisdiction of residence, the Prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on Winner set forth herein.
PRIZE: Winner will be awarded two (2) tickets for Winner and one (1) guest (the “Guest”) to attend the concert stated in the Promotion Posting (the “event” and the “Prize”). Travel is not provided as part of the Prize. The approximate retail value (“ARV”) of the Prize will not exceed $599.00 USD.
Actual value of Prize may vary depending on seat location. Winner and Guest must be able to attend the event on the date specified. If Winner cannot attend the event on the date specified, the Prize will be forfeited in its entirety and awarded to an alternate winner. All Prize details are determined by Sponsor in its sole discretion. The Winner and Guest must have valid photo identification in order to claim the Prize. Event seat locations will be determined by Sponsor in its sole discretion. Tickets and passes are subject to terms and conditions set forth thereon. Winner and Guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of Prize. Winner is solely responsible for all expenses not specifically set forth herein, including, but not limited to, transportation to and from the event, meals and taxes. Sponsor reserves the right to substitute a Prize (or portion thereof) of comparable or greater value, at its sole discretion. If any portion of any Prize is cancelled or postponed for any reason, Sponsor will have no obligation to award compensation in lieu thereof, the remainder of the applicable Prize will be awarded, and Sponsors will have no further obligation to the Winner. Prize cannot be assigned, transferred, changed, or redeemed for cash except at the sole discretion of the Sponsor. Sponsor is responsible only for Prize delivery and shall not be responsible for Prize utility, quality or otherwise. All federal, state, and local taxes, and all other expenses not specifically mentioned herein are the sole responsibility of the Winner. Other restrictions may apply.
GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered or garbled entries, Sweepstakes messages or emails; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrant’s or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Sweepstakes or Website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor, MSG Holdings LP, Fuse Networks LLC and their respective parents, affiliates, partners, subsidiaries, sponsors (event or otherwise), promotional partners, and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize (including any travel or activity related thereto) or participation in this Sweepstakes. Entrants agree to indemnify and hold harmless Sponsor and the Released Parties from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against Sponsor and/or the Released Parties, and hereby acknowledge that Sponsor and the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties provided exclusively by a prize supplier that are sent along with the Prize. Winner, by acceptance of Prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, in any manner and with any materials, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
REQUESTS FOR NAME OF WINNER: For the name of the winner (available after the event date), send a self-addressed stamped envelope to: “Club Metro Ticket Sweepstakes” c/o Free Daily News Group Inc. d/b/a Metro, 44 Wall Street, 8th Floor, New York, NY 10005, for receipt no later than a month following the end of the applicable sweepstakes. Please be sure to specify the event in the address.
SPONSOR: Free Daily News Group Inc. d/b/a Metro, 44 Wall Street, 8th Floor, New York, NY 10005.
Online Purchases on or through Metro US
In the future, sections of the Metro US website may allow you to purchase many different types of products and services online that are provided by third parties. Metro US is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Metro US website or a site linked to by Metro US US, the information obtained during your visit to that merchant’s online store or site and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. Metro US has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant website directly. You release Metro US and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through the Metro US website.
When you purchase products or services on or through the Metro US website, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to Metro US or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
This Service may in the future include a variety of features, such as bulletin boards, blogs and chat rooms, which allow feedback to Metro US and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user – you alone are responsible for the material you post. Metro US does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:
• Restrict or inhibit any other user from using and enjoying the Service.
• Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
• Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
• Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of Metro US US.
• Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
You understand that Metro US has no obligation to monitor any bulletin boards, chat rooms, blogs or other areas of the Service through which users can supply information or material. However, Metro US reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove at its sole discretion any information or materials, in whole or in part, that it finds objectionable or in violation of these Terms of Service.
To use certain features of the Service, you may need to obtain a username and password, which you will receive through the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify Metro US immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Metro US cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
In the future, Metro US may allow for publishing of classified advertising. When you submit a classified ad for publication on the Service, you agree that the advertisement as it appears on the Service becomes the property of Metro US and you assign all ownership interest in the advertisement as it appears on Service under copyright law or otherwise to Metro US US. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. Metro US reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
All real estate advertising that may appear on the Service is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.
If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. Metro US may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York , and you agree to submit to the jurisdiction of such courts. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Content from The Associated Press
ASSOCIATED PRESS TEXT, PHOTOS, GRAPHICS, AUDIO AND/OR VIDEO MATERIAL SHALL NOT BE PUBLISHED, BROADCAST, REWRITTEN FOR BROADCAST OR PUBLICATION OR REDISTRIBUTED DIRECTLY OR INDIRECTLY IN ANY MEDIUM. NEITHER ASSOCIATED PRESS MATERIALS NOR ANY PORTION THEREOF MAY BE STORED IN A COMPUTER EXCEPT FOR PERSONAL AND NONCOMMERCIAL USE. THE ASSOCIATED PRESS WILL NOT BE HELD LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS THEREFROM OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF OR ANY DAMAGES ARISING FROM ANY OF THE FOREGOING.
Copyright Infringement Notice
If you believe that your work has been copied and is accessible through Metro US in a way that constitutes copyright infringement, or that Metro US contains a link or other reference to another online location that contains materials or activity that infringes on that person’s copyright rights, they may notify Metro US by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 to the following address:
Metro US Legal Department
44 Wall Street, 8th Floor
New York , NY 10005
phone: (212) 952 1500
Advertising Contract Terms & Conditions
1. ADVERTISING ACCEPTANCE:
(a) Advertising accepted by Publisher is subject to all terms and conditions contained herein. Forwarding of a written insertion order by the advertiser constitutes acceptance by the advertiser of all rates and conditions that exist when the advertising is sold by Publisher, and those of subsequent rate cards.
(b) Submission of an advertisement to Publisher does not constitute a commitment by Publisher to publish the advertisement. Publisher reserves the right to edit, alter, omit, or refuse any advertising submitted for publication and to insert the word “Advertisement” where deemed appropriate.
(c) Publisher reserves the right to alter any advertising material in order for the material to conform to its current modular specifications.
2. LAWFUL ADVERTISING; INDEMNIFICATION:
Advertising Party and Advertising Agency, if applicable, jointly and severally represent and warrant that (a) any and all material submitted to Publisher (i) is accurate and original, (ii) does not violate any law or contract or infringe the copyrights, trademarks, trade names, patents or other intellectual property rights of any person, (iii)does not constitute unfair competition, and (iv) contains no matter which is libelous, an invasion of privacy or publicity, an unlawful appropriation of any name or likeness or is otherwise injurious to the rights of any person; and (b)each of Advertising Party and Advertising Agency, if applicable, has obtained all necessary consents for publication prior to submission to Publisher.
3. LAWFUL ADVERTISING; INDEMNIFICATION:
Advertising Party and Advertising Agency, if applicable, jointly and severally represent and warrant that (a) any and all material submitted to Publisher (i) is accurate and original, (ii) does not violate any law or contract or infringe the copyrights, trademarks, trade names, patents or other intellectual property rights of any person, (iii) does not constitute unfair competition, and (iv) contains no matter which is libelous, an invasion of privacy or publicity, an unlawful appropriation of any name or likeness or is otherwise injurious to the rights of any person; and (b)each of Advertising Party and Advertising Agency, if applicable, has obtained all necessary consents for publication prior to submission to Publisher.
4. MATERIALS; COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY:
(a) Requests for advertising placement delivered as camera ready materials are due before 12 noon, 2 business days prior to publication. Materials may be sent electronically or via AdSend. Confirmation of receipt of such materials will be the responsibility of the sender of the material. Publisher will not be held liable for the transmission of any materials received after deadline stated above.
(b) Advertisements are accepted upon representation that the advertiser and/or its agency have the right to publish the contents hereof. In consideration of such publication, advertiser and its agency agree to indemnify and hold publishers harmless against any expense and/or loss by reason of any claims arising out of publication.
(c) On request, Publisher may assist Advertiser in preparing its advertisement(s) for publication. This assistance may include design, composition, text and artwork. Publisher does not assume any obligations to perform a legal review of Advertiser’s advertisement(s). Advertiser remains solely responsible for the contents of the advertisement(s) and for compliance with any laws regulating such advertising.
(d) The advertiser agrees to accept the Publisher’s electronic tear sheet as proof of publication and services rendered for all ads that run in Metro and any other publications published by the Publisher.
5. POSITION REQUESTS:
(a) Unless otherwise allowed by Publisher as an approved premium position advertisement, an advertising order with special clauses or specifying pages or directing insertion of advertisements in a specific position, shall not be legally binding upon the Publisher but will be regarded as a request only.
(b) In the event Advertiser has paid a premium for a particular position, reimbursement for failure to publish in a particular position shall be limited to the refund of such premium to Advertiser.
6. LIABILITY FOR ERRORS, OMISSIONS OR FAILURE TO PUBLISH OR DISTRIBUTE:
(a) Publisher’s liability for errors or omissions in advertisements or advertising inserts shall be limited to the cost of advertising space in an amount equal to the erroneous advertisement. Publisher’s liability for failure to publish any advertisement or distribute any advertising insert shall be limited to a refund of any amount paid to Publisher for such advertisement or insert. In order to qualify for such an adjustment, the Advertiser or Agency agrees to provide details of all disputes utilizing the newspaper reference number printed on the invoice and forward it with their payment within 30 days of the invoice dates. Notwithstanding the foregoing, Publisher shall have no liability for, and no credit shall be issued to Advertiser for, errors that do not materially affect the value of the advertisement or advertising insert or where Advertiser is responsible for the error or omission. Credits for errors in advertisements or advertising inserts materially affected by the error are allowed for the first publication or distribution only.
(b) Publisher shall not be liable for failure to publish or distribute any advertisement because of strikes, labor disputes, government action, war, fire, breakdown of equipment, terrorist act, or any other cause beyond its reasonable control.
(c) Publisher is not responsible for errors involving orders, cancellations or corrections given orally. Written or facsimile confirmation of orders, cancellations or corrections must be received prior to Publisher’s cancellation deadline. Advertiser may be subject to cancellation charges as per clause 8 of this agreement.
(a) Payment in advance is required of all advertisers unless credit is approved by publisher.
(b) Accounts are due and payable upon billing, and become past due on the 10th day following statement due. A service charge of 1.5% per month will be assessed on overdue balances, 50 cents minimum. Advertiser shall be liable for all costs incurred by Publisher, including but not limited to attorneys’ fees and expenses, in collecting past due accounts and in defending any and all claims asserted in the action.
(c) We reserve the right to cancel any contract and/or alter terms of payment: (1.) if any bill is not paid when due; (2.) if the advertiser and/or advertising agency becomes insolvent, makes an assignment for the benefit of creditors, is adjudged a bankrupt, or a receiver of the property or business of the advertiser and/or advertising agency is appointed, or if the advertiser and/or advertising agency shall file a petition seeking relief as a debtor under the federal bankruptcy act, or if a petition is filed against the advertiser and/or advertising agency for reorganization under said act, or for adjudication of bankruptcy; (3.) for any other cause considered sufficient by us.
(d) Any and all taxes levied against advertising shall be added to the advertising charges, including but not limited to any sales taxes.
8. AMENDMENTS; WAIVERS; CIRCULATION AND RATE CHANGES:
(a) Publisher reserves the right to revise its advertising rates at any time. Announcement of an increase shall be made 30 days in advance to contract advertisers.
(b) Publisher will not be bound by any special clauses relating to legal liability or any other condition in contracts or insertion orders, unless Publisher has specifically agreed in writing.
(c) Publisher is a member of the Certified Audit of Circulations (CAC) and circulation quotes are based on CAC’s reported circulation for Publisher. CAC’s reported circulation figures represent historic circulation levels and do not guarantee future circulation levels. Publisher is not liable for any errors or omissions in any of the information supplied to Publisher by the CAC. Publisher does not guarantee any level of circulation, past, present or future to advertisers. Publisher shall not be subject to liability whatsoever for any failure to publish or circulate all or part of any issue as a result of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher.
(d) Notwithstanding anything to the contrary herein, under no circumstances shall Publisher be liable to advertiser or agency for any consequential, punitive, incidental or special damages. In no event will the liability of Publisher to advertiser, agency or any third party for damages, direct or otherwise, arising out of or in connection herewith exceed the total cost of the advertising space affected by the error.
(e) Product Samples: The Advertiser and the Advertising Agency assume liability jointly and severally for any claims that arise out of the distribution of their product samples with the Publisher and also assume responsibility for any claims arising out of product sampling made against the Publisher. The Advertiser and the Advertising Agency agree, jointly and severally, to indemnify and hold the Publisher harmless from all costs, expenses (including reasonable attorney’s fees) liabilities and damages arising in any way from its distribution of any product sample placed by the Advertiser or the Advertising Agency.
9. CANCELLATIONS; TERMINATION OF AGREEMENT:
(a) Publisher shall have the right to terminate this Agreement at any time, with or without notice to Advertiser, for Advertiser’s failure to remit payment for invoices by the due date of such bills.
(b) Advertiser shall have the right to terminate this Agreement at any time by written notice to Publisher. Publisher will publish advertisements and bill Advertiser for all advertising orders that are not canceled prior to the deadline. Cancellation fees may apply and survive and the termination of the agreement.
(c) ROP Advertisements Cancellation Date: Cancellation orders for ROP Advertisements will not be accepted after 12:00 PM on the date two (2) business days prior to insertion date (“ROP Cancellation Date”).
(d) Premium Advertisements Cancellation Date: Cancellation orders for Premium Advertisements (e.g. front cover units, integrated advertisements, 3/5/7 premiums, back cover, cover wraps, pop-ups and inserts) will not be accepted after 12:00 PM on the date eight (8) business days prior to insertion date (“Premium Cancellation Date”).
(e) Cancellation Provisions (As applied to all ROP and Premium Advertisement Cancellation): Cancellations will not be accepted after the relevant ROP Advertisement Cancellation Date or Premium Cancellation Date, unless Publisher accepts any such cancellation in writing. Such accepted cancellation may be subject to additional charges at Publisher’s discretion.
In the event that a cancellation results in the contracted dollar or advertising frequency level not being achieved, the advertiser will be assessed a charge for the short rate (the retroactive application of the higher rate earned). The Publisher will invoice the Advertiser or Agency for the short rate, and payment will be due to the Publisher in accordance with the previously established credit terms for the Advertiser.
All changes and cancellations must be in writing and acknowledged by Publisher.
Advertiser agrees that no representations of any kind have been made to Advertiser by Publisher or by any of its agents and that no understanding has been made or agreement entered into other than as set forth herein.
This Agreement and the rights and obligations hereunder are personal to Advertiser and may not be assigned by any act of Advertiser or by operation of law, change of control of Advertiser or otherwise without the prior written consent of Publisher, to be granted or not granted in Publisher’s sole and absolute discretion. Advertiser may not assign to, nor utilize for the benefit of another person or entity, any of the lineage required to be purchased by Advertiser without Publisher’s prior written consent, to be granted or not granted in Publisher’s sole and absolute discretion.