# Newsday Android Application

### Terms of Service

These Terms of Service govern your use of Newsday LLC’s ("Newsday") Android device Application (the "App") on any Android device that you own or have permission from the owner to install the App on (the "Device"). Your downloading, installation and/or use of the App constitute your agreement to these Terms of Service and our Privacy Policy. Newsday reserves the right to deny access to the App to any person who violates these Terms of Service.

License/Restrictions on Use. The App and all information, content, services and software displayed on, transmitted through, or used in connection with the App, with the exception of User Content as defined below, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Newsday, and/or its affiliated companies, licensors and suppliers. You may download and install the App on your Device and use the App and the Content on the Device only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content No other use is permitted without prior written permission of Newsday, and all other rights not expressly granted in these Terms of Service are reserved. The App is provided in and may be used in machine-readable object code form only; no license is granted to you in the source code of the App. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service. The rights granted under these Terms of Service are non-transferable.

You may not republish any portion of the Content on any other platform, whether now known or later developed, or incorporate the App or Content in any database, compilation, archive or cache. You may not distribute the App or any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the App or Content except as expressly set forth herein. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble the App or any software or other products or processes accessible through the App, not to insert any code or product or manipulate the Content in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method. You agree not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the App or the Content. You may not use the App in an attempt to circumvent technological measures implemented to control the rights to and access and use of any Content made available in or through the App.

Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to help@newsday.com. In certain cases, you may be able to use individual stories that appear on the App through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may use or you will see a link in the Content itself.

Registration. Registration is not required to view certain Content. However, you are required to register if you wish to post a comment or upload a video, or view certain other Content. If you become a Registered Member of the App, you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of the App if individuals from more than one household access the App using any single Registration Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your Device so others outside your household may not access the App using your name in whole or in part without our permission. If you believe someone has accessed the App using your Registration Account and password without your authorization, e-mail us immediately at help@newsday.com.

Use of Information by Newsday. You acknowledge, consent and agree that Newsday may preserve and disclose your Registration Account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce the terms of this Terms of Service; (3) to render service you request; (4) to protect the rights or property of Newsday, and its third party suppliers and licensors; or (5) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others. In addition, Newsday may use information you provide in accordance with our Privacy Policy.

User Content Representations and Warranties. By submitting material through the App, including but not limited to posting content or communications to any App bulletin board, forum, blogspace, message or chat area, or posting text, images, audio files or other audio-visual content to the App ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content will not cause injury to, or violate the rights of, any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of the App that specifically ask for unique, fictitious names).

User Content License. For all User Content you post, upload, or otherwise make available ("provide") through the App, you grant Newsday, its affiliates and related properties, including without limitation Newsday and its affiliatesÕ respective affiliated newspapers, Web sites, mobile applications and broadcast stations, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize Newsday to share the User Content across all Web sites, newspapers, mobile applications and broadcast stations affiliated with Newsday and its affiliates, to include the User Content in a searchable format accessible by users of the App and other Newsday affiliated Web sites and mobile applications, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to Newsday through the App. You also grant Newsday and its affiliates the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

User Content Screening and Removal. You acknowledge that Newsday and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable.

User Content Assumption of Risk. Newsday cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided through the App is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using the App forums. 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 on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.

User Content Posting Rules. When you provide User Content, you agree to the following posting rules ("Posting Rules"). Any decisions as to whether User Content violates any Posting Rule will be made by Newsday in its sole discretion and after we have actual notice of such posting:

If the photo or video depicts any children under the age of 13, you affirm that you have written permission from the child’s parent or guardian to provide the photo or video.

### Do not provide User Content that:

- contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
- contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
- violates any right of Newsday or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
- interferes with any third party’s uninterrupted use of the App.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uses or attempt to use another’s Registration Account, password, service or system except as expressly permitted by the Terms of Service.
- uploads or transmits viruses or other harmful, disruptive or destructive files, material or code.
- disrupts, interferes with, or otherwise harms or violates the security of the App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the App or affiliated or linked sites.
- "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

### WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

Unsolicited Material and Ideas. Newsday is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to the App. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Newsday and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.

Transactions and E-Commerce. During your use of the App you may elect to engage in a transaction involving the purchase of a product such as a newspaper subscription, a print or online advertisement or other tangible goods and services, if such purchases are offered by Newsday. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. Newsday cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.

Errors in Advertisements. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree Newsday is not responsible for such errors or discrepancies.

Communications with Third Parties Through the App. Your dealings or communications through the App with any party other than Newsday are solely between you and that third party. For example, certain areas of the App may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Newsday be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.

During your visit to the App you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because Newsday has no control over third party sites and resources, you acknowledge and agree that Newsday is not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites.

Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Newsday, in appropriate circumstances, to terminate the Registration Account of a member who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the App, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of your copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material you claim is infringing is located on the App ;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. 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 intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

### Newsday’s copyright agent can be reached as follows:

Copyright Agent, 235 Pinelawn Road, Melville, NY 11747, or help@newsday.com.

Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT NEWSDAY’S COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in the Contact Us section below. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to Newsday’s designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. an electronic or physical signature of the registered user;
2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. your address, telephone number, and e-mail address;
4. a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
5. a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which the App may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

General Disclaimer and Limitation of Liability. While Newsday uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations with respect to the App or any Content and assume no liability or responsibility for any error or omission in the Content. Newsday does not represent or warrant that use of the App or any Content will not infringe rights of third parties. Newsday has no responsibility for actions of third parties or for content provided by others, including User Content.

USE OF THE APP AND CONTENT IS AT YOUR OWN RISK. THE APP AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER NEWSDAY NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE APP, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE APP, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THE APP WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. NEWSDAY AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

THE APP AND CONTENT MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NEWSDAY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE APP. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL NEWSDAY OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE 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. IN NO EVENT SHALL NEWSDAY OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

Indemnity. You agree to indemnify, defend and hold harmless Newsday and its parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of the App or Content; (2) Newsday’s and its affiliates’ use of any User Content or information you provide, as long as such use is not inconsistent with this agreement; (3) information or material provided through your Registration Account, even if not posted by you; and (4) any violation of this agreement by you.

Third Party Beneficiaries. By accessing the App or Content, you specifically acknowledge and agree that, without limiting anything else in these Terms of Service: (i) that Google is a third-party beneficiary to this agreement and Google has the right (and is deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of this agreement, (ii) certain third party content providers are intended third party beneficiaries of these terms and conditions and may exercise all rights and remedies available to them; and (ii) certain third party content providers reserve the right to audit possible unauthorized commercial use of their materials or any portion thereof at any time.

International Users. Newsday makes no representation that the App or Content available through the App 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 App or Content or export the App or Content in violation of U.S. export laws and regulations. If you access the App from a location outside the United States, you are responsible for compliance with all applicable laws. You represent and warrant that you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a ÒterroristÓ supporting country, and that you are not listed in any US government lists of prohibited or restricted parties.

Modifying these Terms. Newsday reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of the App after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. If you do not agree to any modification of these Terms of Service, you must immediately cease using the App.

Discontinuation of Service. Newsday may modify, suspend, discontinue or restrict the use of any portion of the App, including the availability of any portion of the Content at any time, without notice or liability. Newsday may deny access to any Registered Member or other user at any time for any reason. In addition, Newsday may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Newsday, the App or any of their assets.

Choice of Law. These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the App must be filed in a federal or state court located in Nassau or Suffolk Counties, New York.

Statute of Limitations. You agree to file any claim regarding any aspect of the App or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

No Class Actions. You agree no claim subject to these Terms of Service may be brought as a class action.

Severability. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.

No Waiver. Any failure of Newsday to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Section Titles. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.

Termination. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Newsday, and all other provisions for which survival is equitable or appropriate.

Support/Contact Us. Any questions or comments related to the App should be directed to Newsday at:

Newsday
235 Pinelawn Road
Melville, NY 11747

Attention:Kathy Goldthwaite Or,
help@newsday.com; or 1-877-545-4834

Copyright © 2011, Newsday LLC
Version: July 2011