1. GENERAL RULES AND DEFINITIONS
1.1 This Subscriber Agreement, which includes the Operating Rules
set forth herein constitutes Subscriber's Agreement with THE NEW YORK
TIMES ON THE WEB ("NYT WEB"), an Internet service of The New York
Times Electronic Media Company ("NYTEMC"), with respect to
Subscriber's use of the NYT WEB service (the "Service"). Subscriber
must agree to abide by all of the terms and conditions contained in
the Subscriber Agreement in order to become or remain an authorized
Subscriber of the Service.
1.2 Use of the service by Subscriber constitutes Subscriber's
agreement with the terms and conditions of this Subscriber
Agreement. NYT WEB reserves the right, at its discretion, to change,
modify, add or remove portions of this Subscriber Agreement at any
time. Notification of changes in service will be posted on the
Service, or sent via e-mail, or postal mail.
1.3 IF THESE OPERATING RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE
TO SUBSCRIBER, OR CAUSE SUBSCRIBER TO NO LONGER BE IN COMPLIANCE WITH
THE SUBSCRIBER AGREEMENT, SUBSCRIBER MAY CANCEL SUBSCRIPTION BY
SENDING E-MAIL TO email@example.com (SEE SECTION
10 REGARDING TERMINATION OF SERVICE). SUBSCRIBER'S CONTINUED USE OF
THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN
THESE OPERATING RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY
SUBSCRIBER OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 NYT WEB may change, suspend or discontinue any aspect of the
Service at any time, including the availability of any Service
feature, database, or content. NYT WEB may also impose limits on
certain features and services or restrict Subscriber access to parts
or all of the Service without notice or liability.
2. NYTEMC CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The contents of the NYT WEB Internet service are intended for
the personal, noncommercial use of its registered Subscribers. All
materials published on NYT WEB (including, but not limited to news
articles, photographs, images, illustrations, audio clips and video
clips, also known as "The Content") are protected by copyright, and
owned or controlled by The New York Times Company, NYTEMC, NYT WEB, or
the party credited as the provider of the content, software, or other
materials. Subscriber shall abide by all additional copyright notices,
information, or restrictions contained in any Content accessed through
2.2 The Service is protected by copyright as a collective work
and/or compilation, pursuant to U.S. copyright laws, international
conventions, and other copyright laws. Subscriber may not modify,
publish, transmit, participate in the transfer or sale of, reproduce
(except as provided in this section of the Subscriber Agreement),
create derivative works from, distribute, perform, display, or in any
way exploit, any of the Content, software, materials, or Service in
whole or in part.
2.3 Subscriber may download or copy the Content and other
downloadable items displayed on this Service for personal use only,
provided that Subscriber maintains all copyright and other notices
contained in such Content. Subscriber shall not store any significant
portion of any Content owned by, or licensed to NYTEMC, in any form.
Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without the prior written
permission from The New York Times
Rights and Permissions Department, or the copyright holder
identified in the individual Content's copyright notice.
3. FORUMS AND DISCUSSIONS
3.1 Subscriber shall not upload to, or distribute or otherwise
publish through, the Service any Content which is libelous,
defamatory, obscene, pornographic, abusive, or otherwise violates any
3.2 The Forums shall be used only in a noncommercial
manner. Subscriber shall not, without the express approval of NYTEMC,
distribute or otherwise publish any material containing any
solicitation of funds, advertising or solicitation for goods or
3.3 While NYTEMC does not and cannot review every message posted by
Subscribers in the Forums and is not responsible for any content of
these messages, NYTEMC reserves the right to delete, move, or edit
messages that it, in its sole discretion, deems abusive, defamatory,
obscene, in violation of copyright or trademark laws, or otherwise
unacceptable. Subscribers shall remain solely responsible for the
content of their messages.
3.4 Subscriber acknowledges that any submissions (e.g. Letter to
the Editor, Review or Commentary) may be edited, removed, modified,
published, transmitted, and displayed by NYTEMC. In addition,
Subscriber warrants that all moral rights in any uploaded materials
have been waived.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 NYT WEB contains links to other related World Wide Web Internet
sites, resources, and sponsors of NYT WEB. Since NYTEMC is not
responsible for the availability of these outside resources, or their
contents Subscriber should direct any concerns regarding any external
link to its site administrator or Webmaster.
5. REPRESENTATIONS AND WARRANTIES
5.1 Subscriber represents, warrants, and covenants (a) that no
materials of any kind submitted through Subscriber's account will (i)
violate, plagiarize, or infringe upon the rights of any third party,
including copyright, trademark, privacy or other personal or
proprietary rights; or (ii) contain libelous or otherwise unlawful
material; and (b) that Subscriber is at least eighteen years old.
Subscriber hereby indemnifies, defends and holds NYTEMC and NYT WEB,
and all officers, directors, owners, agents, information providers,
affiliates, licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all liability and costs
incurred by the Indemnified Parties in connection with any claim
arising out of any breach by Subscriber or any User of Subscriber's
account of the Subscriber Agreement or the foregoing representations,
warranties and covenants, including, without limitation, reasonable
attorneys' fees. Subscriber shall cooperate as fully as reasonably
required in the defense of any claim. NYTEMC reserves the right, at
its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by Subscriber.
5.2 Neither NYTEMC nor NYT WEB represent or endorse the accuracy or
reliability of any advice, opinion, statement, or other information
displayed, uploaded, or distributed through the service by any User,
information provider or any other person or entity. Subscriber
acknowledges that any reliance upon any such opinion, advice,
statement, memorandum, or information shall be at Subscriber's sole
risk. NYTEMC reserves the right, in its sole discretion, to correct
any errors or omissions in any portion of the Service.
The Service and all downloadable software are distributed on an "as
is" basis without warranties of any kind, either express or implied,
including, without limitation, warranties of title or implied
warranties of merchantability or fitness for a particular purpose.
Subscriber hereby acknowledges that use of the Service is at
Subscriber's sole risk.
6. REGISTRATION AND SECURITY
6.1 As part of the registration process, Subscriber will select a
password and Subscriber name ("NYT WEB ID"). Subscriber shall provide
NYT WEB with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of this
Agreement, which may result in immediate termination of Subscriber's
account. Subscriber may not (i) select or use a screen name of another
person with the intent to impersonate that person; (ii) use a name
subject to the Rights of any person other than Subscriber without
authorization; or (iii) use a screen name that NYTEMC, in its sole
discretion, deems offensive.
6.2 (a) Subscriber shall notify Help@nytimes.com of any known or
suspected unauthorized use(s) of Subscriber's account, or any known or
suspected breach of security, including loss, theft, or unauthorized
disclosure of Subscriber's password or credit card information.
(b) Subscriber shall be responsible for maintaining
the confidentiality of Subscriber's password. Subscriber will never
be required to reveal Subscriber's password to any representative or
agent of NYTEMC, its owners or agents.
6.3 Subscriber must be 18 years or older to subscribe to the
Service; however, persons of all ages may use it. As such, Subscriber
may share Subscriber's NYT WEB ID and password with others in
accordance with paragraph 6.4 below.
6.4 Each Subscriber is responsible for all usage or activity on NYT
WEB account, including use of the account by any third party
authorized by Subscriber to use Subscriber's NYT WEB ID and password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds
for termination of Subscriber's account, at NYTEMC's sole discretion,
and Subscriber may be referred to appropriate law enforcement
7. FEES AND PAYMENTS
7.1 NYTEMC reserves the right at any time to charge fees for access
to portions of the service or the service as a whole. In the event
that NYTEMC so elects, it shall post notice in the Service Information
area. Subscriber shall pay all fees and charges incurred through
Subscriber's 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
Service by NYTEMC or by any other vendor or service provider. All
fees and charges shall be billed to and paid for by Subscriber.
Subscriber shall pay all applicable taxes relating to use of the
Service through Subscriber's account. Subscriber's right to use the
Service is subject to any limits established by NYTEMC in its sole
8. COMMUNICATIONS BETWEEN NYTEMC AND SUBSCRIBERS
8.1 Unless Subscriber indicates on the Subscriber Registration
document that Subscriber does not want to receive such information,
NYTEMC, its owners and assigns, reserves the right to disclose certain
limited Subscriber information (e.g., Subscriber's name, mailing
address) to third party vendors for the purpose of providing
Subscriber with information about products and services.
8.2 NYTEMC reserves the right to send electronic mail to any and
all Subscribers, to for the purpose of informing them of changes or
additions to the Service, or of any NYTEMC related products and
8.3 NYTEMC reserves the right to disclose information about
Subscriber usage and demographics in forms that do not reveal
Subscribers' personal identities.
9. SOFTWARE LICENSES
9.1 Subscriber shall have no rights to the proprietary software and
related documentation, or any enhancements or modifications thereto,
provided to Subscriber to access the Service ("Access Software").
Subscriber may not sublicense, assign or transfer any licenses granted
by NYTEMC, and any attempt at such sublicense, assignment or transfer
is void. Subscriber may copy such software for archival purposes
only. Subscriber may not copy, distribute, modify, reverse engineer,
or create derivative works from Access Software.
10.1 Subscriber may terminate Subscriber's account at any time by
sending email to firstname.lastname@example.org. Upon
termination, Subscriber will receive an automated confirmation via
e-mail that the request was received, and Subscriber's access will be
suspended within 24 hours. Subscriber is responsible for all charges
incurred up to the time the account is deactivated.
10.2 NYTEMC may, in its sole discretion, terminate or suspend
Subscriber's access to all or part of the Service for any reason,
including, without limitation, breach of the Subscriber Agreement, or
assignment of the Subscriber Agreement by Subscriber.
11.1 This Subscriber Agreement has been made in and shall be
construed and enforced in accordance with New York law. Any action to
enforce this agreement shall be brought in the federal or state courts
located in New York City.
11.2 Official correspondence must be sent via postal mail to:
New York Times Electronic Media Company
Attn: Customer Service
1120 Avenue of the Americas, Sixth Floor
New York, NY 10036