DL News LLC, a Delaware limited liability company ("Company", "we", "us" or "our"), provides news, information, content, a newsletter service and data via the website www.dlnews.com and any successor sites (the "Sites"). These Terms and Conditions ("Terms") apply when you use the Sites to access the information, products and services that we make available (collectively, the "Services").
These Terms constitute a legally binding agreement between you (the "User" or "you") and DL News LLC. You should read these Terms carefully. These Terms apply to all Users, and your use of the Services is subject to these Terms. By using the Services, you agree to be bound by, and use the Services in compliance with, these Terms and our Privacy Policy, available at www.dlnews.com/privacy-standards. If you do not agree to these Terms, you must not use the Services.
You represent that you are of legal age to form a binding contract, or that you have parental consent to use the Services. You can only use the Services for lawful purposes. By using the Services, you agree not to violate the law, hack the Sites, transmit malicious material, impersonate others or misuse the Services in any other way.
We may amend these Terms at any time by posting the amended version on the Sites and indicating the effective date of the amended version. Subject to the terms of our Privacy Policy, all amended Terms become effective upon posting. Any use by you of the Services after that date constitutes your acceptance of all of the amended Terms. We may change, discontinue or impose limits on the Services, or restrict your access to part or all of the Services, at any time without notice or liability. If you continue to use the Services following the implementation of changes to these Terms or changes to the Services, you agree to be bound by the changed Terms and to use the Services as changed. To the maximum extent permitted by Delaware laws, any dispute between you and DL News LLC relating to the Services will be governed by these Terms as in effect at the time of such dispute.
You may only use the Services and may only accept these Terms if you are of legal age to enter a binding contract with DL News LLC and are not otherwise barred from using or receiving the Services under applicable law. By using the Services, you represent and warrant that you meet the eligibility requirements set out in this section. DL News LLC may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
Licence to Use the Services
Subject to these Terms, DL News LLC grants you a limited, personal, non-exclusive, non-transferable licence to use the Services as they are provided to you by us. You may not create derivative works of the Services, or use any data mining, robots, or similar data gathering or extraction methods on or in connection with the Services. Any use of the Services or the underlying Sites other than as specifically authorised in these Terms, without our prior written permission, is strictly prohibited.
Your Personal Information
Your submission of personal information through the Services is governed by our Privacy Policy (accessible at www.dlnews.com/privacy-standards), which is incorporated into these Terms by reference. You acknowledge that internet transmissions are never completely private or secure and understand that any message or information you send to the Services or to us using the Services may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.
Information on the Services
We endeavour to ensure that the information on the Services is correct, but we do not warrant its completeness or accuracy. We may make changes to the material on the Services at any time without notice. The material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Intellectual Property Rights and Restrictions on Your Use
The Services are provided for your personal, non-commercial use only. The Services are owned or controlled by us and our licensors, and are protected by intellectual property rights in the United States and abroad. The Sites and all content and other materials contained on the Sites, including, without limitation, our logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of us or our licensors and are protected by United States and international copyright laws. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials. We reserve all rights not expressly granted in and to the Sites and the Materials.
Subject to these Terms, you may view, print and/or download a copy of the Materials from the Sites on any single computer solely for your personal use, provided you keep intact all copyright and other proprietary notices. You may not republish the Materials or make them available to third parties. Third parties who want to use our content must contact us for permission. News organisations may use news content by credit to us. Other content must be licensed.
Notwithstanding the foregoing, the Materials may not be copied or used in any way without our or the applicable third-party licensor's prior written consent.
Any software that is made available to view and/or download in connection with the Sites is owned or controlled by us or our licensors. Use of such software is governed by the terms of the applicable software licence agreement. Except as set forth in the applicable licence agreement, the software is made available solely for use by Users according to these Terms. Any reproduction or redistribution of software not in accordance with the applicable licence agreement or these Terms is expressly prohibited and may result in severe civil and criminal penalties.
Trademarks
All trademarks, service marks and trade names of ours used in the Services (including, but not limited to: our name and any logos) ("Marks") are trademarks or registered trademarks of ours. Other company, product and service names and logos used and displayed in connection with the Services may be trademarks or service marks owned by us or by other third parties. Nothing on the Services should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Marks without our prior written consent.
User Communications and Submissions
We may provide you with the ability to participate in discussions and other functionalities, and may provide you with opportunities to submit feedback, ideas, suggestions, questions or other content (collectively, "User Submissions"). You agree that we are free to use any User Submissions you provide for any purpose. We may or may not post your User Submissions at our sole discretion. If we choose to post your User Submission, we may edit it for length or clarity or for any other reason either before or after it is posted. We have no obligation to maintain your User Submissions in confidence, to pay compensation for any User Submissions or to respond to any User Submissions.
When you provide User Submissions, you agree not to post or transmit any User Submission that: (i) is defamatory, abusive, harassing, insulting, threatening or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) is bigoted, hateful or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (v) infringes or violates any right of a third party, including, without limitation, intellectual property, privacy or publicity rights; or (vi) contains or includes advertising or spam.
All of your User Submissions must comply with these Terms. You represent and warrant that you own or have all the necessary rights to use and authorise us to use all intellectual property rights in and to your User Submissions, and to enable inclusion and use of your User Submissions in the manner contemplated by the Sites and these Terms. You retain ownership of your User Submissions, but grant us an irrevocable, perpetual, royalty-free and fully sublicensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Submissions throughout the world in any media. You also grant us the right to use your name and any other information about you that you provide in connection with its use and reproduction of your User Submissions.
You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any User Submissions. We reserve the right (but have no obligation) to remove or edit your User Submissions (in whole or in part) at our sole discretion.
You acknowledge and agree that we may preserve your User Submissions and may also disclose your User Submissions if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Submission violates the rights of third parties; or (iv) protect our rights, property or personal safety, and those of our users and the public.
Links and Third-Party Sites
The Services may contain links or refer to third-party websites and services. These linked sites are not under our control. The inclusion of any link or reference does not imply our endorsement of the linked site or service. We provide these links and references for your convenience only. We do not accept any responsibility for the content, accuracy or function of such sites, nor do we accept any liability for any loss or damage that may arise from the use of them. Your access and use of such sites is at your own risk and subject to any terms, conditions and policies applicable to such sites (including any applicable privacy policies). Please review the third-party's policies before you submit any personal data or engage in any activities on such third-party websites.
Disclaimer and Limitation of Liability
The Services are provided "as is" without representations or warranties of any kind. To the fullest extent permitted by law, we disclaim any and all warranties and representations, whether express or implied, with respect to the Services, including, without limitation, warranties of title, merchantability and fitness for a particular purpose. We do not warrant that the functions provided by the Services will be uninterrupted or error-free, that defects will be corrected or that the Sites or the servers that make the Services available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, accuracy, timeliness, reliability or otherwise. The Services may contain typographical errors and other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
To the fullest extent permitted by applicable law, we, our affiliates and our and their respective directors, officers, employees, shareholders, consultants and agents ("affiliated parties"), will not be liable for any loss or damage of any kind arising out of or in connection with your access to or use of (or inability to access or use) the Services or reliance on any content or other material available on the Services, even if we or an affiliated party has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, goodwill, revenue or profits). This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Indemnity
You agree to defend, indemnify and hold harmless us and our affiliated parties from and against any and all claims, actions, suits, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from or related to (i) your use of or reliance on the Services; (ii) any User Submissions you provide; (iii) your breach of these Terms; or (iv) your violation of any rights of another. We will have the right to control the defence of any such claim, action or matter, using counsel selected by us. You agree to fully cooperate with us in connection with any such defence and will not settle any claim, action or matter without our prior written consent.
Termination
We may immediately, and without notice, suspend or terminate these Terms and your access to the Services (or any part thereof) for any reason. We may also terminate your account on the Sites for any reason. You may terminate these Terms by closing your account on the Sites and discontinuing your use of the Services.
General
Contact. If you have questions regarding these Terms or the practices of the Services, please contact us by e-mail at info@dlnews.com.
Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices published by us in connection with the Services, constitute the entire agreement between you and us concerning the Services.
Governing Law, Jurisdiction and Venue. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions. The exclusive jurisdiction and venue for any claim arising out of or related to these Terms or the Services will be in the state and federal courts located in Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, such jurisdiction and venue.
Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.