TCS News Terms and Conditions of Use
Effective as of June 6, 2013
- Changes to the Agreement and Notices. TCS may modify or amend this Agreement at any time at our sole discretion. Changes will be communicated to you by posting a new version of the Agreement on the Website or as otherwise determined by us in our sole discretion. Your continued use of the Website after such notification of changes to this Agreement will constitute your acceptance of such changes.
- Limited License. Subject to your compliance with the terms and conditions of this Agreement, you are granted a limited, non-exclusive, non-transferrable, and revocable license to make use of the Website. You do not have a right to transfer or sublicense your rights under this Agreement. Third party components included in the Website are licensed to you either under this Agreement or under the relevant third party component license terms, as applicable. In addition, certain open-source software included in the Website is licensed to you pursuant to applicable open-source licenses. Your use of the licenses described herein is subject to the restrictions set forth in Section 4 below. The Company reserves all rights not expressly granted herein.
- Restrictions on Use. You may use the Website only for lawful purposes and in accordance with this Agreement. You are responsible for all of your activity in connection with the Website. Any unauthorized use of the Website by you or anyone under your control terminates the limited license set forth in Section 3 above, without prejudice to any other rights and remedies provided herein. For the avoidance of doubt, you agree that you may not (without limitation):
- Use the Website in any way that violates any federal, state, local or international law or regulation (including, without limitation, any law regarding the export of data or software to or from the US or other countries).
- Use the Website in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use of the Website.
- Reverse-engineer, decompile, disassemble, modify or create derivative works based on the Website or any part thereof;
- Circumvent any technology used by the Company, its licensors, or any third party to protect data accessible through the Website;
- Rent or lease any part of the Website;
- Use the Website in any way that violates the terms of this Agreement or any other Company policy;
- Circumvent any territorial restrictions applied by the Website;
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the prior written consent of the Company.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful to the Website.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website.
- Third Party Content; Disclaimer. Most of the content accessed through the Website has been created by third parties and resides on third party websites. TCS is not responsible for any such content and does not moderate, screen, review, approve, endorse or take any measures whatsoever to assure the accuracy or legality of the publications to which it links or the content of those publications. The content accessed through the Website may contain information, pictures and video that you may find untrue, inappropriate or offensive. The Website simply provides links to that information, but the Company does not exercise editorial judgment about which sources of information are the most appropriate for you.
- Intellectual Property. All trademarks or intellectual property not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with or connected to the Company. Except as set forth herein, or as required or permitted under applicable law, no portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
- Use of Computational Resources. As consideration for your rights under this Agreement, you agree that the Company has a right to allow the Website to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of data to you and other Website users, and to facilitate the operation of the network on which the Website runs. You are referred to the settings of your device for additional information relating to device performance in connection with your use of the Website.
- Digital Millennium Copyright Act. We have instituted procedures to receive notification of claimed copyright infringement and to process such claims in accordance with U.S. copyright law. If you believe that any content on our website infringes your copyrights, you should send us a notice of claimed infringement that complies with the requirements of the Digital Millennium Copyright Act
To be effective, a notice of claimed infringement must be a written communication provided to our designated agent that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.Your DMCA notice must be mailed to TCS’ designated copyright agent at:
Attn: Copyright AgentCapucilli Firm, PLLC
175 Varick Street
New York, New York 10014Or faxed to our designated copyright agent at:(917) 382-2706
Attn: Copyright Agent
Subject: DMCA Notification
You understand and acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.
- Representations and Warranties; Limitation of Liability. Your use of the Website is at your sole risk. The services provided by the Website are provided on an “as is” and “as available” basis. To the fullest extent possible under applicable law, the Company disclaims and gives no warranty, express or implied, including without limitation any warranty as to the quality, accuracy and availability or fitness for a specific purpose of the Website or warranty of title or non-infringement.
The Company does not warrant that: (i) the Website will meet your specific requirements; (ii) the will be uninterrupted, timely, secure, or error-free; (iii) the results or information that may be obtained from the Website will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations; OR (v) any errors in the Website will be corrected. You agree that the Company will not be responsible, under any circumstances, for: (a) inability to use the Website; (b) loss of profits; (c) business interruption; (d) corruption of files; (e) loss of business information; (f) loss of data; (g) service interruption; (h) computer viruses or device failure; (i) pecuniary loss; (j) unauthorized access to or alteration of your transmissions or data; (k) statements or conduct of any third party; (l) loss of communication between the Website and any third party multimedia; or (m) any other events beyond our control.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100).
- Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) resulting from your violation of any laws or regulations, this Agreement, or your use of the Website.
- Technology Limitations; Connection to the Internet. The Company will make reasonable efforts to keep the Website operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Website with or without notice.
- Dispute Resolution and Choice of Law. With respect to any dispute regarding the Website or this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the State of New York, as if the Agreement were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to the Website shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
- No Agency Relationship. Neither this Agreement nor any content, materials or features of the Website create any partnership, joint venture, employment, or other agency relationship between you and the Company. You may not enter into any contract on our behalf or bind us in any manner.
- Assignment. The Company may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
- Severability. Should any provision of this Agreement be held invalid or unenforceable, for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the Website shall be enforced to the extent permitted by law.
- Contacting Us. If you have any questions concerning the Website or this Agreement, please let us know by sending an E-mail to firstname.lastname@example.org
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