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General Terms of Use

LAST CHANGED AS OF NOVEMBER 8, 2024

IMPORTANT NOTICE – SECTION 14 (DISPUTES; MANDATORY ARBITRATION; CLASS ACTION WAIVER) OF THESE GENERAL TERMS OF USE CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH MAY REQUIRE YOU AND US TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. FOR COMPLETE TERMS AND CONDITIONS THAT BIND YOU AND USE, PLEASE REFER TO THE “MANDATORY ARBITRATION” SECTION OF THIS DOCUMENT.

Following are the terms and conditions (the “Terms of Use”) that govern your use of the Platform (as defined below) owned by MediaNews Group, Inc. and its affiliates and subsidiaries (“MediaNews Group”, “we,” or “us”). In these Terms of Use, “Platform” means, collectively, (1) the websites, including SMS/text alerts and mobile websites, (each, a “Web Site”), (2) our mobile application (the “Application”), and (3) other related services provided by MediaNews Group, including but not limited to online and print publications and newsletters of any kind (the “Services”). The Services may include a variety of features, such as comments and other features which will allow you to submit User-Generated Content or Feedback (each as defined below) to MediaNews Group.

1.       General Terms
1.1 Your Agreement to these Terms. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND ARE A LEGAL CONTRACT BETWEEN YOU AND MEDIANEWS GROUP. By using the Platform, you certify, or, if you represent an entity or other organization, you certify on behalf of that entity or organization (in either case “you” or “your”), that you have read and agreed to our Terms of Use detailed below and our Privacy Policy. If you do not agree with these Terms of Use, you must immediately exit the Platform or any site affiliated with the Platform and discontinue use of the Platform. MediaNews Group reserves the right to deny access to the Platform to any person who violates these Terms of Use, the Subscription Terms, or any other applicable policy or terms.

Your use of the Platform is also governed by our Subscription Terms and Conditions (the “Subscription Terms”), if you are a subscriber, and also by MediaNews Group’s Privacy Policy and Cookie Policy. By using the Platform, you certify that you have read and agree to MediaNews Group’s Privacy Policy, Cookie Policy, and Subscription Terms, and any supplemental policies and terms and conditions carefully before accessing or making any use of the Platform. In the event of any material ambiguity, conflict, or inconsistency between these Terms of Use and any other policies or terms and conditions governing your use of the Platform, the following order of precedence will govern for purposes of resolving any such ambiguity, conflict, or inconsistency: (i) the Subscription Terms, to the extent of the conflict and if you are a subscriber, (ii) these Terms of Use, and (iii) any other policies or terms.  

1.2 Future Changes to these Terms of Use. MediaNews Group may change these Terms of Use at any time upon notice, which may be given by posting such notice on the Platform and updating the “Last Changed” date above. Your continued use of the Platform after such notice will mean that you accept any changes. The most current version of these Terms of Use will supersede all prior versions. You should regularly review these Terms of Use for any updates.

1.3 Future Changes to the Platform. MediaNews Group may modify, suspend, discontinue, or restrict the use of all or a portion of the Platform, including without limitation the Services that we provide, or the availability of any Content, as defined below, at any time without notice or liability.

1.4 Access to the Web Site and Application. In addition to these Terms of Use, your access to and use of the Platform and Content are also governed by the terms of MediaNews Group’s Subscription Terms, if you are a subscriber, and our Privacy Policy and Cookie Policy, and may be subject to supplemental policies or terms of MediaNews Group or third parties. Subject to your compliance with the foregoing, you may use the Web Site and/or download and install the Application on a mobile device owned or controlled by you solely for the purpose of using and accessing the Content and Services as intended and only for your own personal and non-commercial purposes. Except as otherwise provided in this Section 1.4, you are granted no licenses or other rights in or to the Application or Web Site.

1.5 Age Restrictions. The Platform is not intended for children under thirteen (13) years of age. You may only use the Platform if you are at least 13 years of age. By using the Platform, you represent that you are at least 13 years of age if you are in the United States, and at least sixteen (16) years old if located elsewhere. If you are under the age of eighteen (18), ask your parent or guardian to review and agree to these Terms of Use before you use the Platform.

1.6 Registration. Registration is not required to view certain Content. However, to access certain portions of the Platform and to engage in certain activities, including without limitation posting User-Generated Content as defined below in Section 4.1, you may be required to subscribe and/or register an account. If you become a registered user or subscriber, you accept responsibility for all activities that occur under your registered account. You agree to provide true, accurate, complete, and correct information at the time of registration and to promptly update this information as needed. We reserve the right to terminate your account if we believe, in our sole discretion, that your account has been accessed by other individuals. You are responsible for maintaining the security and confidentiality of your password and for restricting access to your account. If you believe someone has accessed the Platform using your registration account and password without your authorization, change your password immediately.

2. Intellectual Property Rights

2.1 Ownership. The Platform and all information, data, software, and content displayed on, transmitted through or used in connection with the Platform, including, but not limited to, news articles, reviews, directories, guides, data, information, text, photographs, images, illustrations, graphics, metadata, audio clips, video, html, source and object code, software, trademarks, logos, designs, and the like, as well as its selection and arrangement (collectively, the “Content”), constitute valuable intellectual property owned by MediaNews Group and its affiliated companies, their licensors, or the third party credited as the owner of the Content. MediaNews Group and its licensors retain all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“IPR”), in and to the Platform, Content, and Services (collectively, the “Technology”) and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access the Platform, Content, and Services under these Terms of Use.

2.2 Requests to Use Content. All Content is provided for informational purposes only. Subject to these Terms of Use, you may use the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other proprietary notice from the Content.

If you operate a web site and wish to link to any of the sites owned and operated by MediaNews Group, you may do so provided you agree to cease such link upon request from MediaNews Group and that you do not state or imply any sponsorship or endorsement of your site by MediaNews Group (for example, by using our stylized trademark or logo). No other use is permitted without prior written permission of MediaNews Group. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms of Use.

In certain cases, you may be able to obtain a license to use individual stories or Content that appear on the Platform or an affiliated website through online functionality we have specifically designated, such as the ability to email a story to a friend or purchase a photograph. Your rights to use such Content are limited by these Terms of Use and any other terms or restrictions applicable to the functionality. Any other use of Content, including without limitation republication of any Content or any commercial or public use, requires the prior written consent of MediaNews Group. To inquire about licensing our content, please contact us at termsofuse@medianewsgroup.com.

3. Restrictions
3.1 Restrictions on Use. Except as expressly permitted by these Terms of Use or written permission from MediaNews Group, you agree that you will not, and will not permit any third party to: (i) access or attempt to access the Technology except as expressly provided in these Terms of Use; (ii) use the Technology in any unlawful manner or in any manner that could damage, disable, or impair the Technology; (iii) use any robots, spiders, crawlers, data mining or extraction technology, or other automated scripts or means to collect or scrape information from or otherwise interact with the Technology or copy our Content without written permission; (iv) without our express prior written consent, use or attempt to use any Content or information available on the Platform, whether by manual input or automated means, for purposes of retrieval augmented generation, grounding, training, or development of large language or machine learning models, algorithms, or artificial intelligence (AI) systems, or to generate substitute content or develop any products, services, or technology; (v) alter, modify, copy, frame, reproduce, republish, or create derivative works of the Technology; (vi) use the Platform to send or distribute any unsolicited commercial or personal messages or “spam”; (vii) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (viii) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (ix) violate any robot exclusion header, robot.txt files, or other exclusionary protocols; (x) attempt to circumvent or overcome any security, restriction, condition, or technological protection measures that control access to the Platform in any manner, including without limitation, bypassing any controls or limits intended to restrict access to any portion of the Technology to subscribers; (xi) monitor the availability, performance, or functionality of the Technology; (xii) take any action that overburdens or imposes an unreasonable or disproportionately large load on the Platform or MediaNews Group’s systems or networks; or (xiii) interfere with the operation or hosting of the Technology.

3.2 Limitations on Use of Associated Press Materials. By accessing the Platform or Services, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium, and shall be subject to all terms and conditions made available at the AP Terms and Conditions web page available here; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) 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 for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time. Please review the AP Terms and Conditions for more information.

4. User Content
4.1 User-Generated Content License. By posting, uploading, or submitting content or communications to the Platform, including without limitation any text, data, opinions, editorial content, images, graphics, audio files, video clips, or other material you submit to us or post directly to the Platform (the “User-Generated Content”), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, copy, reproduce, distribute, transmit, display, publish, publicly perform, excerpt, reformat, modify, adapt, translate, archive, store, and create derivative works of your User-Generated Content, in whole or in part, in any format or medium of any kind, now known or later developed. Without limiting the generality of the foregoing, you authorize us to: (i) publish and share the User-Generated Content across all websites, mobile applications, newspapers, and other online and offline services owned by or affiliated with MediaNews Group; (ii) include the User-Generated Content in a searchable format accessible by users of the Platform and other MediaNews Group websites, mobile applications, newspapers and other online services; (iii) permit search engines to index your User-Generated Content; (iv) place advertisements in close proximity to such User-Generated Content; and (v) use your name, likeness and any other information in connection with our use of the User-Generated Content you submit to us.

You also hereby grant each user of the Platform a non-exclusive license to access your User-Generated Content through the Platform and to use, reproduce, distribute, display, and perform such User-Generated Content as permitted through the functionality of the Platform and under these Terms of Use.

4.2 User-Generated Content Representations and Warranties. You are solely responsible for any User-Generated Content you provide or submit to the Platform. You represent and warrant to us that you own or otherwise have all necessary rights and permissions to grant the license to your User-Generated Content in these Terms of Use. By uploading or submitting any User-Generated Content to us, you represent and warrant that your User-Generated Content:

  • does not contain any personal information, photo, audio, or video of children under the age of 13 unless you have express written permission from the child’s parent or guardian;
  • does not and will not infringe the copyright, trademark, trade dress, service mark, trade secret, patent, or other proprietary right of any third party;
  • does not contain vulgar, profane, abusive, discriminatory, racist, or hateful language, expressions, epithets, slurs, text, photographs or illustrations, or material that is harassing or an inflammatory attack of a personal, racial or religious nature;
  • is not defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, does not include any gross exaggeration or unsubstantiated claims, and does not impersonate any individual;
  • does not violate or infringe the privacy or publicity rights of any third party;
  • will not cause any harm or damage to the Platform, you, us, or anyone else or interfere with any third party’s use of the Platform;
  • does not violate any right of the Platform, MediaNews Group or its affiliates, or any third party;
  • does not advertise, promote, or offer to trade any goods or services, except in areas specifically designated for such purpose;
  • will not inject, upload, or transmit any viruses, Trojan horses, worms, malware, or any other harmful, disruptive, or destructive files, materials or code;
  • will not disrupt, interfere with, or otherwise harm or violate the security of the Platform, any system resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or affiliated or linked sites; and
  • will not otherwise breach these Terms of Use or any applicable law, rule, or regulation.

4.3. Access to User-Generated Content. MediaNews Group and its affiliates shall have the right, but not the obligation, to review, block, edit, adapt, remove, disable access to, or refuse any User-Generated Content for any reason, in their sole discretion, without notice or obligation to you, including without limitation (i) our belief that the User-Generated Content violates these Terms of Use or any applicable law, rule, or regulation; (ii) for purposes of operating the Platform, including fraud prevention, risk assessment, investigation, or customer support purposes; (iii) to comply with applicable law or any court order, subpoena, or other legal requirement; or (iv) for any purposes authorized by our Subscription Terms, Privacy Policy, or Cookie Policy.

4.4 User Content Assumption of Risk. We do not warrant or guarantee the accuracy, integrity, or quality of User-Generated Content. To protect your safety, use your best judgment when using areas of the Platform where you may submit publicly available User-Generated Content, such as comments, advertisements, or similar features. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting publicly on the Platform or uploading User-Generated Content, including without limitation in classified advertising you place or in other interactive areas, or that you make available to third parties in any communication, you do so fully understanding that such information could be used to identify you and you assume all risk.

You acknowledge that we are not responsible for the contents of, or the quality, availability, price, or condition of any products or services offered by, any classified or other advertisements on the Platform. If you contact the poster of any advertisement or other User-Generated Content, you do so at your own risk.

5. Notice of Intellectual Property Infringement
MediaNews Group respects the intellectual property of others and holds no claim to intellectual property that is owned by a third party or is in the public domain. If you believe material on our Platform infringes your intellectual property rights, including but not limited to exclusive copyright or trademark rights, please provide to MediaNews Group’s Copyright and Intellectual Property Agent the following information in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law:

  • an electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work, trademark, or other intellectual property interest that is the subject of your claim (which may include, for example, a copyright or trademark registration number and/or a URL where your work can be found online);
  • a description of where the material is located on the Platform, including the URL, if applicable;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that access to the relevant material through the Platform is inappropriate; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

You may notify our designated Copyright and Intellectual Property Agent by sending the above information to us:

By mail to:                      MediaNews Group, Inc.

Attn: Copyright Agent

75 E. Santa Clara Street, Suite 1100

San Jose, CA 95113

By email to:                    copyright@medianewsgroup.com

Please note that, pursuant to Section 512(f) of the DMCA and other similar intellectual property laws, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You should consult with your legal counsel prior to sending a request.

We reserve the right, in our sole discretion, to suspend or terminate, in appropriate circumstances, the registration account of a user who is deemed to have infringed a third party’s intellectual property rights, including repeat infringers.

6. E-Commerce and Transactions on our Platform
MediaNews Group may allow you to engage in a transaction involving the purchase of a product or service such as a newspaper subscription, a print or online advertisement, a print of a photograph, a photograph product or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party. These third parties may have separate privacy and data collection practices, so please be sure to read those as well. We and our payment processors implement reasonable security measures; however, you should be aware that no transmission over the internet is 100% secure. If you’re concerned about online credit card safety, in most cases a telephone number will be provided so that you can call to place your order by phone. MediaNews Group cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties. You agree to release MediaNews Group and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase of any products or services made available by third parties through MediaNews Group.

7. Third Party Sites and Services
7.1 Links to Third Party Sites. Links to or from other Internet sites (each, a “Third Party Site”) may be included at times as a convenience to you. These sites have not necessarily been reviewed by MediaNews Group and are maintained by third parties over which MediaNews Group exercises no control. Please note that these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and MediaNews Group takes no responsibility for the Third Party Sites or the quality, accuracy, availability, content, policies, or privacy practices of the Third Party Sites. You should carefully read the applicable terms and conditions and privacy policy of any Third Party Site before engaging in any transactions or submitting any personal information to the Third Party Site.

7.2 Access to Third Party Services. The Platform may also integrate, incorporate, advertise, or grant access to products or services maintained by third parties over which MediaNews Group exercises no control (“Third Party Services”). Third Party Services are also subject to any other agreement you may agree to before being given access to the Third Party Services (each, a “Third Party Service Agreement”). The terms of any Third Party Service Agreement (which may include payment of additional fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement, but will not apply to any other Services you may access through MediaNews Group. Accordingly, MediaNews Group expressly disclaims any responsibility for the quality, accuracy, availability, reliability, or transactions of any Third Party Services or the policies, practices, or security measures of those Third Party Services. Incorporation of or linking to any Third Party Services, or advertising any Third Party Services, does not imply an endorsement or guarantee of such Third Party Service, and MediaNews Group takes no responsibility for them.

8. App Store
The Application may be obtained through a third party distribution platform (e.g., the Apple App Store or Google Play App Store) (the “App Store”) and is to be used solely on a mobile device owned or controlled by you that operates such third party’s operating system. These Terms of Use incorporate by reference the terms available at the respective App Store from which you have obtained the Application. You agree that these Terms of Use are between you and MediaNews Group and not with the App Store. The App Store is not responsible for the Application, maintenance and support services or any warranty thereof, or addressing any claims related thereto. You agree to pay all fees charged by the App Store in connection with the Application (if any). The Application may also be subject to additional terms and conditions and privacy policies, and MediaNews Group is not a party to nor responsible for those additional terms.

9. Representations and Warranties
You hereby represent and warrant to MediaNews Group and our affiliates that: (a) you have the legal right and authority to enter into these Terms of Use; and (b) these Terms of Use form a binding legal contract.

You acknowledge that the Platform is a general purpose online service and is not specifically designed to facilitate compliance with any specific law. You represent and warrant to MediaNews Group that your use of and access to the Platform, including any Content or Services, will comply with all applicable laws, rules, or regulations (“Laws”) and will not cause MediaNews Group, our affiliates, or any other third party to violate any applicable Laws. MediaNews Group is not responsible for notifying you of any such Laws, enabling your compliance with any such Laws, or for your failure to comply.

10. Indemnification
You hereby agree to indemnify, defend, and hold harmless MediaNews Group and its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (a) your access to or use of the Platform or any Content; (b) your use and disclosure of any Content or Services; (c) your violation of any applicable Laws; (d) your User-Generated Content; or (e) your breach of any representation, warranty, or other provision of these Terms of Use. MediaNews Group will use reasonable efforts to provide you with notice of any such claim or allegation, and MediaNews Group will have the right to participate in the defense of any such claim at its expense.

11. General Disclaimer
THE PLATFORM, TECHNOLOGY, AND CONTENT OF THE PLATFORM, INCLUDING ANY SOFTWARE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEDIANEWS GROUP, ITS SUBSIDIARIES, AFFILIATES, AND THEIR AGENTS AND ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO THE WEB SITE, APPLICATION, SERVICES, USER GENERATED CONTENT, OR ANY CONTENT AVAILABLE ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY IPR, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. MEDIANEWS GROUP, ITS SUBSIDIARIES, AND AFFILIATES DO NOT WARRANT OR REPRESENT THAT THE PLATFORM, ANY CONTENT OF THE PLATFORM (INCLUDING ANY SOFTWARE), USER-GENERATED CONTENT, OR ANY DATA ON THE PLATFORM IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE PLATFORM AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, MEDIANEWS GROUP AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY OBLIGATION TO MAINTAIN THE PLATFORM OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE PLATFORM AND THE CONTENT IT PROVIDES.

NO CONTENT ON THE PLATFORM IS INTENDED AS OR CONSTITUTES PROFESSIONAL ADVICE OF ANY KIND. ALL CONTENT AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES, OR FOR COMMERCIAL USE. STOCK AND MUTUAL FUND QUOTES, AND RELATED FINANCIAL NEWS STORIES MAY BE DELAYED AT LEAST 20 MINUTES, AS MAY BE REQUIRED BY THE STOCK EXCHANGES AND/OR THE FINANCIAL INFORMATION SERVICES. THE SITE 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.

12. Limitation of Liability
IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEDIANEWS GROUP ITS SUBSIDIARIES OR AFFILIATES, INCLUDING ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THOSE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MATERIALS, PRODUCTS OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MEDIANEWS GROUP AND ITS SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR: (1) ANY USER-GENERATED CONTENT OR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR OTHER ACTION OR INACTION OF ANY USER OR THIRD PARTY, (2) YOUR USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, OR ANY TECHNICAL MALFUNCTIONS OF THE PLATFORM, (3) MODIFICATION OR REMOVAL OF ALL OR PART OF THE PLATFORM OR CONTENT, (4) DEFECTS OR ERRORS IN THE CONTENT, (5) ANY SECURITY INCIDENT OR OTHER UNAUTHORIZED ACCESS OR INTRUSION INTO YOUR DATA OR TRANSMISSIONS, (6) LOSS OF ALTERATION OF DATA, OR (7) ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY, WHETHER CAUSED BY VIRUS, BUGS, MALWARE, OR OTHER HARMFUL SOFTWARE OR CODE OR OTHER CAUSE.

MEDIANEWS GROUP’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE TERMS OF USE AND ALL CONTENT AND SERVICES PROVIDED UNDER THE TERMS OF USE OR THROUGH THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $10. YOU AGREE THAT MEDIANEWS GROUP WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, MEDIANEWS GROUP’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Use of Company Directories
The contact information contained in the Platform, including but not limited to contact details available on the “Contact Us” or similar pages of the Platform or information about our reporters, photographers, employees, or independent contractors available through the Platform is provided for informational or business lookup purposes only and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will MediaNews Group or its suppliers be liable in any way with regard to such information.

14. Mandatory Arbitration; Class Action Waiver; Governing Law
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT AS OTHERWISE STATED BELOW, YOU AND WE AGREE THAT ANY CLAIM THAT YOU OR WE MAY HAVE AGAINST THE OTHER MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT OR AS PART OF ANY CLASS ACTION. DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

The terms of this Section 14 apply to all Disputes, as defined below, even if the acts, omissions, or relationships giving rise to such Disputes occurred prior to this version of the Terms (or such modification). However, if you or we initiated an arbitration or lawsuit prior to this version of the Terms (or such modification), that arbitration or lawsuit will continue to be governed by the version of the Terms applicable when the arbitration or lawsuit was initiated.

If any provision in this Section 14 is deemed to be unlawful, void, or for any reason unenforceable, that provision shall be severed, with the rest of Section 14 of these Terms of Use remaining in full force and effect. Each provision of this Section 14 applies to the maximum extent permitted by law whether or not so expressly stated. 

14.1.  Binding Arbitration and Class Action Waiver. You and we agree that this agreement evidences a transaction in interstate commerce and that the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies.

You and we agree to submit all Disputes between us to individual, binding arbitration under the provisions in this Section 14.1. A “Dispute” means any dispute, claim or controversy (except those specifically exempted below) between you and us that in any way arises out of, relates to or is connected with your subscription, your account, your use or attempted use of our website, your use or attempted use of our services, all marketing from us, these Terms of Use, the Subscription Terms, the Privacy Policy, or any other agreement between you and us, including any disputes over the validity or enforceability of this agreement to arbitrate. A Dispute shall be subject to these Binding Arbitration and Class Action Waiver provisions regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement or negligence), or any other legal or equitable theory.

You and we understand that there is no judge or jury in arbitration and that court review of an arbitration award may be limited.

i.        Informal Negotiation Period. Our customer support department is available to address any concerns you may have. If you have a complaint about your subscription, please reach out to customer support as described in the Subscription Terms. If you have a complaint related to your use of the Platform, contact us at termsofuse@medianewsgroup.com. Most concerns are quickly resolved in this manner to our customers’ satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and we agree to first attempt to negotiate the Dispute informally (“Informal Negotiation”) for at least thirty (30) days before either party initiates any lawsuit or arbitration (“Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If we have a Dispute with you, we will send notice of that Dispute to your email or residential address you have provided to us. If you have a Dispute with us, you must notify us in writing at the following email address: attorney@medianewsgroup.com using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include, as applicable, your name, the email address associated with your subscription or account, and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell us what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. If you or we are represented by counsel, you and we will participate in the consultation and good faith negotiations along with your or our respective counsel. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or us later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously complied with these Informal Negotiation requirements, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend or dismiss the arbitration until the party that initiated it complies. You and we authorize the arbitration provider (or the arbitrator) to decide summarily whether the party that commenced an arbitration complied with the Informal Negotiation requirements. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Negotiation process required by this paragraph.

ii.       Binding Arbitration. If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either party may initiate binding arbitration as the sole means to formally resolve the Dispute unless an exception applies as stated below.

Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) effective as of the date of the notice of Dispute, as modified by these Terms of Use. The AAA Rules are available on AAA’s website, www.adr.org, or by calling AAA toll free at 1-800-778-7879. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of these Terms of Use is not enforceable.

If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and we agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.

iii.      Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including but not limited to requests for public injunctive relief.

iv.      Claims Exempt from Arbitration. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation (“Excluded IP Claims”). Excluded IP Claims also are exempt from the Informal Negotiation provisions in Section 14.1(i) above.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party also may seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, then before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.

v.       Exception – Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by AAA, if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by AAA Rules or administered by AAA. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by these Terms of Use, including the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at http://www.namadr.com or by calling 1-800-358-2550. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM rather than AAA, you or we may seek an order from AAA compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Section 14.1(v) are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA.

vi.      30 Day Right to Opt Out. You have the right to opt out and not be bound by the Binding Arbitration and Class Action Waiver provisions in this Section 14.1 by sending written notice of your decision to opt out to the following email address: attorney@medianewsgroup.com using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of the date on which you purchase your subscription or create your account (or if you already had a subscription or account at the time this version of the Terms became effective, then within 30 days following the Effective Date); otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section 14.1. If you opt out of these arbitration provisions, we also will not be bound by them. Opting out of arbitration will not affect in any way the benefits to which you would otherwise be entitled.

vii.     Fees and Costs. Payment of arbitration fees shall be determined by the neutral arbitration provider’s rules, as modified by this agreement. We will reimburse you for any portion of the arbitration filing fees that are more than what you would otherwise have to pay to file suit in a court of law. You will not be required to pay any amounts incurred by us if you do not prevail in arbitration, unless the arbitrator determines that your claim was frivolous, in bad faith, or brought for harassment or an improper purpose, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration fees and/or costs.

viii.    Survival. The Binding Arbitration and Class Action Waiver provisions in Section 14.1 shall survive termination of these Terms of Use and your use of our services.

14.2 Choice of Law and Venue
The Terms of Use and the relationship between you and MediaNews Group shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Except as otherwise required in Section 14.1 above, you and MediaNews Group agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the County of New York, New York.

15. Data Privacy
We use personally identifiable information about you as described in our Privacy Policy and Cookie Policy. You expressly consent to the use and disclosure of your personal information and other data and information as described in the Privacy Policy and Cookie Policy. Notwithstanding anything in the Privacy Policy or Cookie Policy, MediaNews Group will have the right to collect, extract, compile, synthesize, and analyze non-personal information (as defined below) resulting from your access to and use of the Platform or Content. To the extent any such non-personal information is collected or generated by MediaNews Group, the data and information will be solely owned by MediaNews Group and may be used by MediaNews Group or its permitted service providers, for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof. As used in this section, “Non-personal information” means information that may not by itself be reasonably associated with, linked to, or used to identify you.

16. International Users
The Platform is controlled, operated, and administered by MediaNews Group from its offices within the United States. If you are using the Platform or any associated online products or services from outside the United States, please be aware that certain interactive, personalized, or enriched media features, products, and services may not be available in every jurisdiction. MediaNews Group makes no representation that the Content or Platform are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Platform or export the Content and/or User-Generated Content in violation of U.S. export laws and regulations. If you access the Platform from a location outside the United States, you are responsible for compliance with all applicable laws.

17. Feedback and Submissions
If you provide MediaNews Group any feedback or suggestions regarding the Platform or any Content or any ideas, questions, designs, or other submissions (collectively, the “Submissions”), you assign to MediaNews Group all rights in the Submissions and agree that MediaNews Group shall have the right to use such Submission and related information in any manner it deems appropriate without notice or a duty of accounting to you. If you provide MediaNews Group with any Submissions, you agree not to assert any ownership right of any kind in the Submission (including, but not limited to copyright, trademark, unfair competition, moral or privacy rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such Submission including, but not limited to, credit or attribution. MediaNews Group will treat any Submissions you provide to MediaNews Group as non-confidential and non-proprietary. You agree that you will not submit to MediaNews Group any Submissions that you consider to be confidential or proprietary.

18. Suspension and Termination
You may discontinue your use of the Platform or Content at any time. If you have a subscription, you may cancel your subscription as described in the Subscription Terms. 

MediaNews Group reserves the right in its sole discretion to terminate or restrict your use of the Platform, or any part of the Platform, without notice, for any or no reason, and without liability to you or any third party. Except as otherwise stated in the Terms of Use, upon termination or expiration of the Terms of Use for any reason: (a) all rights granted to you under the Terms of Use will terminate; and (b) you will immediately cease all use of and access to the Platform, and all Content (including, without limitation, all Content you obtained prior to termination). All sections that by their nature are intended to survive termination or expiration of these Terms of Use will survive.

Without limiting MediaNews Group’s right to terminate these Terms of Use, MediaNews Group may also suspend your access to the Platform or any Content with or without notice to you, to investigate any actual, threatened, or suspected breach of the Terms of Use or applicable Law or upon any other conduct deemed by MediaNews Group, in its sole discretion, to be inappropriate or detrimental to the Platform, Services, MediaNews Group, its affiliates, or any other user or third party.

19. Miscellaneous
All waivers by MediaNews Group under these Terms of Use must be in a writing signed by an authorized representative of MediaNews Group. Any waiver or failure by MediaNews Group to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver by MediaNews Group of any other provision or of such provision on any other occasion. If any provision of these Terms of Use is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Neither these Terms of Use nor any rights or obligations of you hereunder may be assigned or transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of MediaNews Group. Any assignment in violation of the foregoing will be null and void. MediaNews Group may assign these Terms of Use to any party that assumes MediaNews Group’s obligations hereunder. Nothing in these Terms of Use creates or should be construed as creating a joint venture, partnership, employment, or agency relationship between you and MediaNews Group. Any reference herein to “including” will mean “including, without limitation.”

20. Contact Us
If you have questions about these Terms of Use or the Platform, contact us at:

MediaNews Group, Inc.

5990 Washington Street

Denver, CO 80216

United States of America

termsofuse@medianewsgroup.com