Terms of Use

September 8th, 2016

These terms and conditions of use (hereinafter, “Terms of Use”) govern your access to and use of the websites www.thenation.com, www.theNationMart.com and www.NationCruise.com (collectively, the “Website”), and the services offered to you when you visit or make purchases on the Website (the “Services”). These Terms of Use also govern your access to and use of and the content, including text, layout, images, graphics, logos, button icons, audio clips, digital downloads, data compilations and the selection and arrangement thereof (collectively, “Content”) available on or through the Website. The Website is owned and operated by The Nation Company LLC, having an address at 520 Eighth Avenue, New York, NY 10018 and its affiliated organizations, subsidiaries and individuals (collectively referred to herein as “Nation”, “we,” “us” and/or “our”).

Your use of the Website and the Services constitutes your agreement to and acceptance of these Terms of Use. In addition, as a condition of your use of the Website and the Services, you represent and warrant to Nation that you will not use the Website or the Services for any purpose that is unlawful or prohibited by these Terms of Use. If you do not agree to and accept these Terms of Use, you are prohibited from accessing and using the Website or the Services. These Terms of Use govern your use of the Website and the Services regardless of whether you are accessing the Website from a computer or mobile phone device (for example, through an iPhone application). BY ACCESSING, BROWSING OR USING THE WEBSITE AND THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OLD, HAVE READ AND UNDERSTAND THESE TERMS OF USE AND NATION’S PRIVACY POLICY AND AGREE TO BE BOUND HEREBY AND THEREBY. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS OF USE AND NATION’S PRIVACY POLICY, THEN YOU MAY NOT BROWSE OR USE THE WEBSITE OR THE SERVICES. MOREOVER, NATION DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE OR THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THESE TERMS OF USE AND NATION’S PRIVACY POLICY.

The Services available on the Website may be subject to additional terms. When using the Services, you will also be subject to the terms and agreements applicable to the specific Services (for example Terms and Conditions of Sale relating to the purchase of subscriptions). In the event of an inconsistency between these Terms of Use and the terms specific of a Service, the Service terms will control

Intellectual Property

The Website contains material, including the Content, that is protected by international copyright, trademark and other intellectual property laws. You agree that the Website and the Content are and remain the sole property of Nation, and, except as expressly permitted herein or otherwise by Nation in writing, your license to access, browse and use the Website and the Content limited solely to a limited, personal, revocable, non-exclusive, non-transferable license to (i) access and view the Website and Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for your non-commercial use and not for resale or distribution to anyone else. You further agree that, with respect to any Content that you download, create, generate, store and/or print, pursuant to these Terms of Use, you will reproduce and include all copyright and other proprietary notices included in such Content.

Except as expressly permitted by Nation in these Terms of Use or otherwise in writing, you may not modify, copy, reproduce, adapt, translate, republish, upload, download, post, transmit, distribute, sell, rent, license, transfer, publicly display, publicly perform, mirror, frame, scrape, extract, wrap create derivative works of, reverse engineer, decompile or disassemble any aspect of the Website or the Content, in whole or in part, in any form or by any means, whether manual or automatic.

All right, title and interest in and to the Website and the Content and all intellectual property rights embodied therein, including without limitation any and all trademarks, copyrights and patents, are the property of Nation, its licensors or suppliers. The Website and Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use or by Nation’s express written authorization.

All trademarks, service marks, domain names, logos and company names (collectively “Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Nation or their respective owners.

Except as provided in these Terms of Use, Nation does not grant you any rights in or to the Trademarks. You agree that you shall not use the Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Nation or the respective owners as the case may be.

For commercial use of The Nation articles, text, images including logos, please visit www.TheNationReprints.com

Notwithstanding the foregoing, Nation expressly authorizes you to establish a hypertext link to the Website, or any portion thereof, on your website(s); provided that (i) the link shall not imply, directly or indirectly, that your website is sponsored by, affiliated with or otherwise related to Nation, the Website or the Services, and (ii) the website(s) containing such link to the Website do not contain content that is harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such hyperlink may be accessed…, and (iii) the hyperlink shall merely use the term “The Nation” and shall not use or feature any other Trademark without the prior written authorization of Nation or the Trademark’s owner.

Use

You acknowledge and agree that the Website and any information contained therein are valuable intellectual property owned by or licensed to Nation, and that no proprietary rights therein are being transferred to you by these Terms of Use. You agree that you shall not, directly or indirectly, (i) use any of the Content or other information contained on the Website for any purposes other than your personal, non-commercial use; (ii) use the Content or other information contained on the Website to establish independent data files or otherwise amass statistical information thereof or therefrom; (iii) use the Content or other information contained on the Website in violation of any applicable laws or regulations; (iv) publish or distribute in any medium the Content or other information contained on the Website, in whole or in part, to any other entity; (v) access or attempt to access any other user’s account; (vi) obtain or ascertain or attempt to obtain or ascertain any other user’s username, password and/or personal information (“Personal Data”) by any means whatsoever; (vii) elude or attempt to elude the Website’s security systems; (viii) attempt to gain access or gain access to the Website in a fraudulent manner; (ix) use the Website for any purpose other than those intended by Nation as set forth in these Terms of Use; or (x) upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.

You acknowledge and agree that any and all misappropriation or misuse of the Content or other information contained on the Website will cause irreparable harm to Nation and that in such event money damages will not constitute sufficient compensation to Nation. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content or other information contained on the Website, you specifically consent to Nation obtaining injunctive relief against you in addition to any other legal or financial remedies to which Nation may be entitled.

Nation reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate a user’s password and account should that user be in violation of these Terms of Use. If you are under 18, you may use the Website and the Services only with the involvement of your parent or guardian. Nation reserves the right to refuse to provide services, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Registration

To use certain features of the Website and the Services, you may be required to register with the Website on a form provided. Registration may require you to provide certain Personal Data. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Nation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nation reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website and the Services (or any portion thereof). Nation’s use of any Personal Data you provide as part of the registration process is governed by the terms of Nation’s Privacy Policy.

Passwords

To use certain features of the Website and the Services, you will need a username and password, which you will receive through the applicable 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 not to authorize third parties to access the Website using your registration information. You may not sub-license, transfer, sell or assign your username and password, or your obligations under these Terms of Use, to any third party without the prior written approval of Nation. Any attempt at such assignment will be null and void and shall be considered a material breach of these Terms of Use. You agree to notify Nation 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. Nation is not liable for any loss or damage arising from your failure to protect your password or account information. Nation expressly reserves the right to terminate your account and/or refuse service to you, without prior notice, if you violate these Terms of Use, or if Nation decides, at its sole and exclusive discretion, that it would be in Nation’s best interest to do so.

User Submissions

You hereby acknowledge and agree that by posting messages or otherwise providing any material for display on the Website (individually and collectively, “Submissions”), you are representing and warranting the following:

  1. Your Submissions are true and accurate, and the original work of your authorship, you are not employed or otherwise being compensated by the provider of the products or services (if any) that your Submissions relate to, and that you are not impersonating any other person;
  1. You have the right to make your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions do not contain any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which your Submission relates; and
  1. Your Submissions do not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.

In addition, when you post a Submission, you are (i) granting Nation a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, sublicense to third parties, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) granting Nation the right to pursue at law any person or entity that violates your and/or Nation’s rights in your Submissions; and (iii) forever waiving any and all of your rights, including but not limited to moral rights, if any, in and to your Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submission or any derivative thereof. You further acknowledge and agree that your Submissions are non-confidential and do not contain proprietary information. Nation reserves the right to not post your Submission on or to remove your Submissions from the Website, in whole or in part, without notice, for any reason or no reason. Further, any review that violates the provisions of these Terms of Use or the guidelines set forth below regarding submission of content will not be posted on the Website.

Except as described in Nation’s Privacy Policy, Nation will not be required to treat any Submissions as confidential, and you acknowledge and agree that Nation may use, in connection with its business, any of the concepts and ideas contained in your Submissions (including, without limitation, product or advertising ideas) without compensation to you, and Nation will not incur any liability to you as a result of any similarities between concepts and ideas contained in your Submission and future Nation operations and business. Except as otherwise set forth in these Terms of Use, Nation is entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person, and without your consent.

Your Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to Nation’s Privacy Policy. You are responsible for the content of your Submissions and agree to defend, at Nation’s option, and at your sole expense, indemnify and hold Nation, its affiliates and their respective employees, agents, representatives, successors and assigns harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Nation may incur as a result of your Submissions.

Interactive Features

In addition to your Submissions on the Website, you may from time to time post materials on the bulletin boards, chat rooms, personalized homes pages and email services offered by and through the Services that allow you to provide Nation with feedback and permit real-time interaction between users (collectively, the “Interactive Pages”). Your Submissions on the Interactive Pages are subject to the same rules and restrictions as any other Submissions; provided, however, that Nation does not regularly monitor or control the content of the Interactive Pages. It is therefore a condition of your use of the Interactive Pages that you do not:

  • Restrict or inhibit any other users from using and enjoying the Interactive Pages;
  • Use the Interactive Pages 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 Interactive Pages 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 that 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 Interactive Pages to post or transmit any information, software or other material that contains a virus or other harmful components;
  • Use the Interactive Pages to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
  • Use the Interactive Pages to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without Nation’s express written approval; or
  • Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Interactive Pages.

You acknowledge and agree that Nation has no obligation to monitor any Interactive Pages on the Website. Notwithstanding the foregoing, Nation reserves the right Nation reserves the right to not post your Submission on or to remove your Submissions from the Interactive Pages, in whole or in part, without notice, for any reason or no reason. Further, any review that violates the provisions of these Terms of Use or the guidelines set forth below regarding submission of content will not be posted on the Interactive Pages.

Claims of Copyright Infringement

If you believe that your work of original authorship (or the work of original authorship belonging to a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, we request that you promptly file a copyright infringement notice with Nation’s Designated Copyright Agent by following the instructions below.  The notice must be in writing and include the following:

  1. A statement that you have identified material on the Website that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);
  2. A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
  3. A description of the manner in which the copyright material has been infringed;
  4. Identification of the location of the material that you claim is infringing (including a URL and screen shot to the extent possible);
  5. The country/ies to which your copyright applies;
  6. Your address, telephone number, and email address so that Nation may respond to you directly;
  7. A statement by you, made under penalty of perjury, that you have a good faith belief that the use of the material that is the subject of the complaint is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by applicable law;
  8. A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  9. An electronic or physical signature (which may be a PDF) of the copyright owner.

Nation will respond expeditiously to claims of copyright infringement committed on or through the Website or the Services that are reported to Nation’s Designated Copyright Agent, identified below, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable local, state, federal and international laws and regulations.

Notifications of claimed copyright infringement must be sent to Nation’s Designated Copyright Agent by mail, email or fax:

Mary Schilling
The Nation Company L.P.
520 Eighth Avenue, New York, NY 10018
Email: Mary Schilling
Fax: 212.982.9000

If Nation has been alerted to potentially infringing material that you have posted on the Website and Nation removes or disables access thereto, Nation may notify you that it has removed or disabled access to such material by means of a general notice on the Website, or by electronic mail, or by written communication sent by first-class mail to your physical address.  If you receive such a notice, you may provide counter-notification in writing to Nation’s Designated Copyright Agent. Counter-notifications must be in writing and include the following:

  1. A description of the material that you claim was erroneously removed or disabled, which should include the type of work and any relevant further details (such as the title and date of publication, as applicable), and its location, or former location, on the Website;
  2. Your address, telephone number, and email address;
  3. A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material;
  4. A statement by you that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or, if your physical address is located outside of the U.S., for any judicial district in which the Website may be accessed.
  5. A statement by you that you will accept service of process from the person who provided notification to Nation of the allegedly infringing material, or an agent of such person.
  6. An electronic or physical signature (which may be a PDF) of the copyright owner.

If you are unsure whether there has been an infringement of your copyright or about your rights in the material, it is recommended that you seek legal advice before sending notification or counter-notification to Nation regarding such material. The notice and takedown process described herein is governed by and subject to the DMCA and other applicable local, state, federal and international laws and regulations. There may be negative consequences if you falsely allege copyright infringement or report material to Nation in bad faith, in accordance with applicable laws and regulations.

[Terms and Conditions of Sale]

[Nation may allow you to purchase different types of products and services online that are provided by us or third parties. Nation is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services provided by third parties. If you make a purchase from Nation or a third party merchant through the Services or on a site linked to by the Services, the information obtained during your visit to such site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by Nation or the merchant, as applicable. A merchant may have separate privacy and data collection practices. Nation 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 site directly. You hereby release Nation from any damages that you incur, and agree not to assert any claims against Nation arising from your purchase or use of any products or services made available by third party merchants through any of the Services.

When you purchase products or services on or through the Services, 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 Services. You agree to use the Services and to purchase services or products through the Services 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 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.]

Links to and from Third Party Sites

The Website may contain live hypertext links to other third party websites which can be accessed by you. Such other websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of Nation. Nation does not endorse, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Nation provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those websites’ respective terms of use and privacy policies. Neither the inclusion of the link on the Website nor reference on the linked website to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by Nation. You acknowledge and agree that Nation shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites.

There may be circumstances in which access to the Website is provided by a hypertext link located at another third party website. Nation has no responsibility for the content of such other websites, Nation does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and you acknowledge and agree that Nation shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites. Nation does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Except as otherwise permitted herein or unless consented to in writing by Nation, you agree not to: (i) provide or create a link to the Website; or (ii) create any frames at any other websites pertaining to any of the Content located on the Website.

These Terms of Use and any other Nation policies, rules or guidelines that you may find on this Website do not apply to companies that are not affiliated with or controlled by Nation, or to the activities of individuals not associated with Nation. Therefore, before using the services of any third party website, it is recommended that you become familiar with terms of use and other policies posted regulating such third party websites.

Indemnity

You agree to indemnify, defend and hold Nation, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the Website and/or any Content, information (text or graphical), software, or products obtained through the Website and/or from Nation.

No Warranties; Limitation of Liability

THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS OF USE SET FORTH HEREIN. THE INFORMATION AND CONTENT AND THESE TERMS OF USE MAY BE CHANGED OR MODIFIED BY NATION FROM TIME TO TIME WITHOUT NOTICE, AND IN ITS SOLE DISCRETION. THE WEBSITE IS OPERATED BY NATION ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NATION MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NATION AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER NATION NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL NATION, ITS AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS ON THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND, ACCORDINGLY, THE ABOVE EXCLUSION IS VOID WHERE PROHIBITED BY LAW.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER NATION NOR ANY OF ITS AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, NATION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

Advertising

All advertisements published on the Website are the property of Nation. Creators of such advertisements hereby irrevocably assign to Nation all rights and title in and to the advertisement as it appears on the Website under copyright law or otherwise. Submission of an advertisement does not require Nation to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. Nation will accept only standard abbreviations and required proper punctuation in advertisements submitted for publication. Nation 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. All advertisements are governed by Nation’s Advertisement Policy, the applicable insertion order, and any additional written agreements between the parties if applicable.

Termination

Nation may cancel or terminate your right to use the Website, there Services or any part thereof at any time without notice. In the event of termination, you are no longer authorized to access the part(s) of the Website or the Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive in the event of such cancellation or termination.

Privacy

Nation recognizes the importance of protecting your privacy. You are encouraged to view the Website’s Privacy Policy here, which is incorporated herein by this reference and made part of these Terms of Use.

Applicable Law

All disputes against Nation, including but not limited to disputes as to these Terms of Use, the license hereunder, Website access restriction and/or termination, Nation’s intellectual property, privacy and disclaimer of warranties shall be governed by the laws of the State of New York (without giving effect to its conflicts of law principles). Except otherwise expressly provided, all legal proceedings arising out of or in connection with these Terms of Use and other Website policies shall be brought solely in the City of New York, State of New York. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

Severability; Waiver

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Nation’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between Nation and you with respect to your access to and use of the Website. These Terms of Use supersede all prior or contemporaneous communications and proposals between you and Nation, whether written or oral, with respect to your access to and use of the Website. For the avoidance of doubt, other agreements between you and Nation, including without limitation the other policies and terms posted on the Website with respect to privacy, terms of sale and/or other subject matter that is unrelated to your use of and access to the Website is not governed by or superseded by these Terms of Use.

Right to Modify

Nation reserves the right to change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Website and by continuing to use the Website, you agree to any such changes. Nation further reserves the right to change, modify, suspend, discontinue or abandon any aspect of the Website or the Services at any time, including the availability of any Services feature, database, or the Content. Nation may from time to time perform regular, planned or unplanned maintenance to the Website and the Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Nation may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

 

 

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