- The Premier Italian American Newspaper Since 1931 -
Terms of Service
ITALIANTRIBUNE.COM SERVICE USER AGREEMENT
Last Modified: 2 October 2020
Ciao! You are now reading The Italian Tribune’s Terms of Service, meaning the contract between you and The Italian Tribune when you use The Italian Tribunes’ site, services, and products. You should read this carefully before you use The Italian Tribune. We’ve tried to be fair and straightforward. If you have any questions or suggestions, feel free to e-mail us. We’ve also included several annotations; these annotations aren’t a part of the contract itself, but are intended to help you follow the text and emphasize key sections.
A few highlights before we get started:
Using our Service, User Conduct, and Your Content
Anything you post on The Italian Tribune is public. So make sure you’re comfortable with the idea that anyone can view anything you post here.
You shouldn’t post any content or use our service to do anything illegal or malicious.
If it turns out any of your content or use is illegal or malicious, we are not responsible — you’re responsible.
Please do not hack, attack, or copy our Service.
While we wouldn’t do it without good reason, ultimately we may remove your content or terminate or suspend your account at our sole discretion.
You can help protect yourself by not posting personal information – remember that once information is posted on the Internet, it can be very hard to remove it.
The Italian Tribune respects the intellectual property rights of others and expects users and contributors to do the same. We will respond to notices of alleged copyright infringement where necessary as set forth in our copyright policy.
You own the content that you provide to The Italian Tribune. However, The Italian Tribune may modify, distribute or use that content in a variety of ways. For example, your content may be formatted or combined with other content to create a feature or customized article, or selected to be featured on the The Italian Tribune’s site, or on another partner site by a staff member or editor.
Warranty, Disclaimer, Limitations of Liability, Other Legal Stuff
These are terms that the lawyers make us include to ensure that we are not at risk for significant liabilities. Since we are offering the Service free of charge, we hope you’ll understand.
Whenever we make any updates to these Terms, we will update them here, and use reasonable efforts to communicate any material changes to affected users.
Without further delay, here are our Terms of Service, please enjoy:
Welcome to The Italian Tribune! These are the terms under which we provide you the The Italian Tribune Service (it’s a legal contract between you and us – so please read it carefully). If you have any questions, please feel free to contact us at: [email protected]
The Italian Tribune website (www.ItalianTribune.com) and our services, domains, products, content and applications (collectively the “Service”) are operated by The Italian Tribune (“The Italian Tribune”, “we” or “our”).
No individual under the age of 13 may use the Service or supply us with their personal information. You otherwise may only use the Service if you can form a binding contract with The Italian Tribune and are not legally prohibited from using the Service. You agree to this Agreement on behalf of yourself and, at your discretion, on behalf of a minor child over the age of 13 for whom you are a parent or guardian and who you have authorized to use the account you create on the Service. Parents and guardians of users under the age of 18 will be responsible for their minor user’s use of the Service and any violation of this Agreement.
If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in this Agreement and bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
ACCESSING THE SERVICE
To use our Service you will need a compatible device, including compatible operating system, as well as internet or mobile service connectivity, and a valid version of the then-current The Italian Tribune Service software. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your device). We may modify this Agreement and the Service as set forth below in the Section entitled “Modification/Termination.”
You agree to comply with all applicable laws and to respect third party rights in your use of our Service.
ACCOUNTS, REGISTRATION, CANCELLATION
In order to register for an Italian Tribune account, you will need to complete the registration process by providing us with complete and accurate information as we request in the registration process. You are responsible for keeping your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, we may ask you to choose a user name and password, and you are also responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account, and agree that we are not liable for any loss that you may incur as a result of someone else using your password or account. We may suspend or terminate your account and/or suspend our Service to you if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach this Agreement in any way or for any other reason we determine in our sole discretion. You may cancel your account at any time by notifying Customer Service at [email protected]
LICENSE TO SERVICE
Subject to all of the terms and conditions of this Agreement, The Italian Tribune hereby grants you a limited, personal, private, non-commercial, non-exclusive, non-transferable, non-assignable, revocable right to use the Service. All rights not expressly granted to you are reserved.
We do not control and are not responsible for any information or other materials delivered through our Service by you or other users, including without limitation all video, audio, photographs, images, illustrations, animations, logos, names, tools, written posts, replies, comments, information, data, text, software, scripts, executable files and graphics (collectively, “User Materials”). If you submit content to us by any means (via on-line submission, e-mail, etc.) for use on our Service, these terms apply unless we otherwise agree in writing.
You retain ownership of all intellectual property rights in your User Materials, and third parties retain all ownership of all intellectual property rights in their User Materials.
Your License to The Italian Tribune
When you transfer User Materials to The Italian Tribune through the Service (or otherwise transfer them to us for use on the Service), you give The Italian Tribune and its designees a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of such User Materials. The rights you grant in this license are for the limited purpose of operating the Service in accordance with its functionality, improving the Service, and allowing The Italian Tribune to develop new Services.
You also agree that this license includes the right for The Italian Tribune to make all User Materials available to third parties selected by The Italian Tribune, so that those third parties can distribute and/or analyze such User Materials on other media and services. For example, we may license a feed of already-publicly-available User Materials to a partner, similar to how Twitter makes feeds available through its streaming API.
Note also that this license to your User Materials continues even if you stop using the Service, or terminate this Agreement, primarily because of the social nature of User Materials shared through the Service – when you post something publicly, others may choose to repost or comment on it, making your User Materials part of a social conversation that cannot later be erased without retroactively censoring the speech of others.
Always remember: When you make something publicly available on the Internet, others can copy and share it, meaning it could become practically impossible to take down all copies of it.
You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us this license for all User Materials you submit to the Service.
Upon Termination, Deactivation and Deletion
Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that The Italian Tribune, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.
USER CODE OF CONDUCT AND CONSEQUENCES
In accessing and using our Service, you must follow the following content guidelines. Please take a moment to read through these documents. In addition, you agree that you will not:
use the Service for any commercial or illegal purpose or to harm minors in any way; ii. use the Service to violate any law or legal right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is fraudulent, harassing, libelous, defamatory, abusive, tortious, threatening, or harmful; iii. post any content that is illegal, abusive, offensive, pornographic, obscene, defamatory, slanderous, or otherwise harmful; iv. use the Service to invade the privacy of, or obtain personal information about, any user, or to obtain a list of users, or to access or use any user’s User Materials in a manner not authorized by such user through the Service; v. engage in any activity designed to circumvent the Service limitations, or conspiring with others to circumvent the Service limitations, including any attempt to circumvent technological measures employed to control access to, or the rights in, any part of the Service. vi. remove any proprietary notices or labels on the Service; vii. except as expressly permitted by The Italian Tribune in writing, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, damage, transfer, sell, rent, lease or otherwise assign any part of the Service or information contained on any The Italian Tribune or third party servers; viii. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from our Service without our prior written consent; ix. use the Service to spam, post or transmit any unsolicited advertising, campaigning or promotional materials or to send any User Materials from an anonymous or false address, or to post or transmit any personal information, including without limitation phone numbers, social security numbers, account numbers, addresses, credit information or employer references; x. disrupt the Service, or access or use any password protected, secure or non-public areas of the Service except as specifically authorized in writing by The Italian Tribune (unauthorized individuals attempting to access these areas of the Service may be subject to prosecution), or modify, reverse engineer or decompile the Service; xi. distribute any software viruses or other computer code designed to interfere with the functionality of the Service or any computer systems, software or hardware; xii. use any data mining, robots, or similar data gathering, spoofing, phishing or extraction tools in connection with the Service or access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by The Italian Tribune (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with The Italian Tribune, or unless permitted by The Italian Tribune’s robots.txt file or other robot exclusion mechanisms; xiii. impersonate any person or to mislead other users or third parties as to your identity or to the origin of a message or content (e.g. by forging TCP-IP or e-mail headers); xiv. frame or link to the Service or User Materials except as expressly permitted in writing by The Italian Tribune; or xv. use the Service to analyze its features or functionality for purposes of creating a commercial service, or in any way to create a competitive service, or to contact any users, partners or advertisers except as require to use the Service as contemplated in this Agreement.
The Italian Tribune reserves the right, in its absolute discretion, to determine if your Service account registration and your submission of content or other materials is made from a legitimate and valid account and whether your conduct on The Italian Tribune Service complies with the provisions of this Agreement. You will follow all posted usage instructions and rules that The Italian Tribune may provide for the Service from time to time.
If we conclude you are violating these policies or the Agreement, you may receive a notice via email. If you don’t explain or correct your behavior, your account may be suspended and/or your IP address may be blocked. We reserve the right to suspend accounts or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, or community. We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies don’t create a duty or contractual obligation for us to act in any particular manner.
You are solely liable for all User Materials delivered to our Service using your account. Any violation of these provisions may subject your account to termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials on our Service will not violate the rights of any third party.
While we want to provide a quality experience, you may from time to time run into objectionable content when using The Italian Tribune Service. If you are aware of any User Materials which violate this Agreement, please email us at [email protected] or contact us by clicking on “Contact Us” on the homepage. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and we will only remove User Materials if we believe that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”
We care about the security of our users. While we work to protect the security of your content and account, The Italian Tribune cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. Do your part by choosing a secure password, keeping it safe (no sharing), using anti-virus software (and keeping all of your software up to date), and by being careful about what e-mail attachments you open (unless you really are the heir to a Nigerian oil fortune).
The information and opinions expressed in User Materials are not necessarily those of The Italian Tribune or its content providers, advertisers, sponsors, affiliated or related entities, and we make no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk.
Membership commences once you have indicated your acceptance during the web sign up process.
You have the option of selecting any one of the following types of membership:
Founding Membership: is available to purchase only during our pre-launch period, and at other limited times as The Italian Tribune may decide. Founding Members pay a one-time membership fee, as listed on our website, and shall receive the full benefits of the Premium Membership tier without incurring any additional membership fees for as long as The Italian Tribune or its successors operate a membership program.
Premium Membership: is available for a period of  years, with the relevant fee listed on our website, and has the following membership benefits: access to premium content, regular (quarterly or twice yearly) magazines, participation in promotions and discount schemes offered by The Italian Tribune or its partners.
Standard Membership is available to purchase, with the relevant fee listed on our website, and has the following membership benefits: access to premium content, participation in promotions and discount schemes offered by The Italian Tribune or its partners.
Premium Membership and Standard Membership will automatically renew at the end of the relevant membership period. No later than 30 days before the renewal date of your membership, you will receive notification advising you of the automatic renewal of your membership and the membership fee applying, and of the option to cancel your membership subscription by sending notice to us, to reach us at least 10 days prior to the renewal date.
You have a legal right to cancel your membership for any reason, within 14 days from purchasing membership. To exercise your right to cancel, please notify us by (i) email (clearly stating the membership you wish to cancel), or (ii) by completing the [Model form [insert link] , or (iii) by other clear communication of cancellation. You will be entitled to receive a full refund of membership fee.
Any cancellation of a membership notified to The Italian Tribune after the 14 days will not give a right to a refund, but The Italian Tribune may in its sole discretion grant a pro-rated refund.
In the event that The Italian Tribune makes any material changes reducing the membership benefits or terms, you are entitled to cancel your membership within 21 days of The Italian Tribune notifying you of the material change, and to obtain a pro-rated refund of the membership fee.
Members have no right to a refund of Membership Fee, except for
the legal right to cancel within the first 14 days, and
where The Italian Tribune makes a material change reducing membership benefits or terms .
Members may however choose to cancel or discontinue their membership at any time by notifying Customer Service at [email protected]. On cancellation of membership, you may choose to continue your account, or to cancel your account, and please see section above “Upon Termination, Deactivation and Deletion”.
PRODUCT ORDER CANCELLATION
You may cancel a contract at any time within 14 days of purchase, beginning on the day after you have received the products. [This right of cancellation does not apply to products that are personalised].
If you have purchased products from the website and if you decide to cancel your order, you must advise us within 14 days of receipt of the products. You may notify us of cancellation by email, by other written communication, or (at your option) by using the model cancellation form available here.
You should return the products promptly to us after sending notification of cancellation. We will refund you the price you paid for the products, and the delivery charges, except for any delivery costs that are more than for standard delivery (i.e. if you ordered next day delivery, or express delivery, we will not refund you this higher delivery cost). You will be responsible for any cost incurred and risk in returning products (excluding those products which are defective, as referred to in the next paragraph). You have a legal obligation to take reasonable care of the products while they are in your possession and you will be responsible for any diminished value, resulting from the handling of the products beyond that necessary to establish their nature, characteristics and functioning. If the products, by their nature, cannot be returned by post, you will bear the cost of returning these goods to The Italian Tribune.
Returning defective products
In addition to your statutory right to cancel an order as outlined above, you may return products delivered to you that are defective (faulty, damaged or incorrectly supplied), or not in conformity with your order. Once we receive enough details from you to establish your claim, we will give you a refund including the costs associated with return of the product, or (at our option) a repair, or replacement of the item.
CONTESTS, REWARDS PROGRAMS, AND OTHER ITALIAN TRIBUNE SERVICES
Certain services or features may be governed by additional terms presented in conjunction with those products or services. For example, if we offer a rewards program, sweepstakes or contest, there may be additional rules governing the program, sweepstakes or contest. By accessing or using any of those services or features, you agree that you will be bound by the additional terms relating to those services or features.
DISCLAIMER OF WARRANTIES
Your use of the Service and any User Materials is at your own risk. ALL USER MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH OUR SERVICE, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. THE ITALIAN TRIBUNE, AND ITS AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICE (THE “ITALIAN TRIBUNE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR USER MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND SERVICES, PROVIDED IN CONNECTION WITH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ITALIAN TRIBUNE PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
We do not warrant or make any representations that the Service will meet expectations or deliver certain results, be error-free or uninterrupted, that defects will be corrected, or that our Service will be free of viruses or other harmful components. The Italian Tribune Parties are not responsible for any failure to access or use our Service or any failures caused by server errors, misdirected or redirected transmissions, failed internet or telephone connections, lost, interrupted or unavailable connections of any kind, miscommunications or failed transmissions of data, or any computer virus or other technical defect or error relating to our Service. No advice or information, whether oral or written, obtained from The Italian Tribune or through the Service, will create any warranty not expressly made herein.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, so some of the above disclaimers, exclusions and limitations may not apply to you. In those jurisdictions, The Italian Tribune Parties’ liability will be limited to the fullest extent permitted by law.
LIMITATIONS ON LIABILITY
In no event will The Italian Tribune Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of our Service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any Service; (v) errors or inaccuracies contained in our Service or any materials or content obtained through our Service; (vi) any transactions entered into through our Service, (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of our Service, including any site to which the Service provides hyperlinks; or (viii) damages otherwise arising out of your use of our Service. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if any Italian Tribune Party has been advised of the possibility of damages. IN NO EVENT SHALL THE ITALIAN TRIBUNE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE TO WHICH THE LIABILITY IS RELATED. TO THE EXTENT THE LAWS OF YOUR JURISDICTION DO NOT PERMIT SUCH A LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICE, YOU AGREE THAT THE ITALIAN TRIBUNE DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless The Italian Tribune Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or otherwise arising in any way out of your use of our Service. You agree to cooperate fully with The Italian Tribune Parties in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
We reserve the right, in our sole discretion, to modify, suspend, or terminate our Service, at any time for any reason with or without notice. If your account is cancelled, suspended or terminated, you will no longer be authorized to use our Service, but you will still be bound by this Agreement, including the licenses and warranties made by you, and by the disclaimers and limitations of liability. The Italian Tribune shall not be liable to you or any third party for any modification, suspension or termination of our Service or your access to our Service.
If you have created an account with us, we will use commercially reasonable efforts to attempt to inform you of any modifications to this Agreement or the Service that materially affect (a) your obligations to us or, (b) any paid elements of the Service that you are then receiving. We will attempt to inform you of such modifications either by sending you an email at the email address you provided as part of the registration process, or by a message to you at the time you log into the Service, or by such other method as we reasonably believe will reach you. If you do not agree with any such modifications, your sole remedy is the termination of your account, which you may request by either selecting that option within the Service (if available) or contacting us at [email protected] Your continued use of the Service after receiving notice of any modifications indicates your acceptance of the modified Agreement or the modified Service.
If you have not registered and do not have an account, any modifications to this Agreement or the Service will be effective as to you upon The Italian Tribune’s posting of the new terms and/or upon implementation of the new changes on the Service, and your continued use of the Service after any modifications indicates your acceptance of the modified Agreement or the modified Service.
Unless expressly stated otherwise by The Italian Tribune, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to this Agreement. Some of our Service may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade that Service, and this Agreement will apply to such upgrades.
If we provide any voting/rating features through our Service, we may have instructions and limitations for submitting your votes/ratings. It is important that you follow those instructions. We reserve the right to disqualify any votes/ratings we receive from you in excess of any stated limitation. Also, in order to uphold the integrity of the vote/ratings, payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. We are not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating. We may disqualify any individual we find to be violating this Agreement, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.
ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
We may display or link to advertisements for the goods and services of a third party on or through our service, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or warrant, and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through our site, app or service.
INTERNATIONAL USE/EXPORT CONTROLS
Accessing materials through our Service by certain persons in certain countries may not be lawful, and we make no representation that materials provided through our Service are appropriate or available for use in locations outside the United States. If you choose to access our Service from outside the United States, you do so at your own risk, and you consent to the transfer, storage, and processing of your information, including but not limited to User Materials and any personal information, to and in the United States and/or other countries.
You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from our Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
CLAIMS AND ARBITRATION This section includes a mandatory arbitration provision for certain claims. This section does not apply to consumers who are resident in the EU. The claims to which this section applies are described below. This section limits your rights. Specifically, you understand that you and The Italian Tribune are waiving the right to sue in court and have a jury trial for certain claims.
Any action hereunder by you must be brought, if at all, within one (1) year from the accrual of the cause of action.
You agree that the all disputes and claims arising out of, or relating to, this Agreement, the Service, your use of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or The Italian Tribune, shall be determined exclusively by final and binding arbitration. Provided however, that you agree that the terms of this paragraph do not apply to any breach or alleged breach of the ownership or license rights of The Italian Tribune or any of its third party licensors with respect to any User Materials and/or Service, or your (or any third party’s) misuse of the User Materials and/or Service. Except as provided herein, the arbitration shall be conducted under the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and Supplementary Procedures for Consumer Related Disputes before a panel of three arbitrators and conducted in Los Angeles, California. You and The Italian Tribune also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Except as expressly set forth above in this paragraph, you and The Italian Tribune may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the fullest extent permitted by applicable law: no arbitration under this Agreement shall be joined to an arbitration involving any other current or former licensee of The Italian Tribune, or user of The Italian Tribune Service, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and The Italian Tribune); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and The Italian Tribune).
GOVERNMENT END USERS
If the Service and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Service is deemed to be “commercial software” as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for “restricted computer software.” All other terms and conditions of this Agreement apply.
Entire Agreement. This Agreement constitutes the entire agreement between you and The Italian Tribune and governs your use of the Service, superseding any prior agreements between you and The Italian Tribune with respect to the Service. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind The Italian Tribune in any respect whatsoever. With respect to your use of other authorized The Italian Tribune services, affiliate services, affiliate devices or equipment, third-party content, third-party software, you also may be subject to additional terms and conditions.
Remedies. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate The Italian Tribune’s or any of it licensors’ intellectual property rights, or may cause continuing or irreparable harm to The Italian Tribune or its licensors (including, but not limited to, any breach that may impact The Italian Tribune’s or it’s licensors’ intellectual property rights, or a breach by reverse engineering), The Italian Tribune may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that The Italian Tribune may have under separate legal authority, including but not limited to, any claim for intellectual property infringement. To the extent permitted by law, you understand and agree that your termination of your use of the Service is your sole right and remedy with respect to any dispute with The Italian Tribune. You can terminate your use of the Service by delivering notice to [email protected]
Assignment. This Agreement is personal to you. You may not assign or otherwise transfer your rights or delegate your obligations under this Agreement, in whole or in part, without The Italian Tribune’s prior written consent. Any attempted assignment by you shall be null and void. The Italian Tribune may assign its rights and obligations under this Agreement at its sole discretion.
Choice of Law and Forum. This Agreement and the relationship between you and The Italian Tribune shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. If you are a consumer residing in an EU Member State, you will also have the protection of mandatory provisions of consumer law in your country of residence. The United Nations Convention of Contracts for the International Sale of Goods will not govern this Agreement, and is hereby expressly excluded. Except for claims or disputes to the extent arbitrated as provided above, you expressly agree that the state and federal courts located in New Jersey have exclusive jurisdiction over any claim or dispute with The Italian Tribune or relating in any way to your account or your use of the Service. For residents of an EU Member State, you may resolve your claim before the courts in your country of residence. Except for claims or disputes to the extent arbitrated as provided above, you further agree and expressly consent to personal jurisdiction over you in the federal and state courts located in New Jersey in connection with any such dispute including any claim involving The Italian Tribune or The Italian Tribune’s affiliates.
Waiver and Severability of Terms. The failure of The Italian Tribune to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions concerning this Agreement or our Service, please contact Customer Service by emailing [email protected]
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
Our Service, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, The Italian Tribune and The Italian Tribune logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by The Italian Tribune or by other parties that have provided rights thereto to The Italian Tribune.
You agree that you will not reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through our Service, in whole or in part, without our express written permission.
Trademarks. Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of The Italian Tribune and/or its affiliates and licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of our website, or frame our website, or any web page or material contained within our Service, nor may any entity include a hyperlink to any aspect of our Service in an email for commercial purposes, without our express written permission.
We respect the intellectual property rights of third parties, and comply with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. A copy of the DMCA is available here: http://www.loc.gov/copyright/legislation/dmca.pdf. By submitting any User Materials to our Service you are granting permission to have such User Materials posted on our website, our app and/or via any other of the media channels, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. We reserve the right to remove access to infringing material. Such actions do not affect any other rights we may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please send us written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached for purposes of providing Notifications by emailing [email protected], or by regular mail:
The Italian Tribune Attn: Designated Copyright Agent 271 Mount Pleasant Avenue, Suite 4 West Orange, NJ 07052
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification should include the following: 1. Identification of the work or material being infringed. 2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that The Italian Tribune is capable of finding it and verifying its existence. 3. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address. 4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law. 5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner. 6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
After removing material pursuant to a valid DMCA notice, The Italian Tribune will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. The Italian Tribune reserves the right, in its sole discretion, to immediately terminate the account of any user who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with The Italian Tribune by providing the following information to the Designated Agent at the address below: •The specific URLs of material that The Italian Tribune has removed or to which The Italian Tribune has disabled access. •Your name, address, telephone number, and email address. •A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. •The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” •Your signature.
Upon receipt of a valid counter-notification, The Italian Tribune will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If The Italian Tribune does not receive any such notification within ten (10) days, we may restore the material to the Service.
For counter notifications, contact the Designated Agent by emailing [email protected] or by regular mail:
The Italian Tribune Attn: Designated Copyright Agent 271 Mount Pleasant Avenue, Suite 4 West Orange, NJ 07052