Terms of Use
DATED 2024-08-27 · VERSION 20241201_rev01 · COMPARED WITH 20241002_rev01 · ARCHIVE SNAPSHOT
Full text changes — 20241002_rev01 to 20241201_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 58 | 58 | 16. [Binding Arbitration and Class Action Waiver]() |
| 59 | 59 | 17. [Equitable Relief]() |
| 60 | 60 | 18. [Downloading the App]() |
| 61 | 61 | 19. [Miscellaneous]() |
| 62 | 62 | 20. [Contact Us]() |
| 63 | 63 | |
| 64 | \_ | |
| 65 | ||
| 66 | 64 | ## 1\. **SCOPE OF TERMS OF USE** |
| 67 | 65 | |
| 68 | 66 | Terms of use |
| 69 | 67 | |
| 70 | 68 | **Acceptance.** By accessing or using our Services or otherwise demonstrating your acceptance of these Terms of Use, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use. If you do not agree to any of these terms and conditions, then please do not use the Services. The terms and conditions in these Terms of Use, together with any other policies, rules, or provisions that are described, linked, or otherwise referred to and form a part of these Terms of Use, including, without limitation, [the Privacy Policy](https://apnews.com/privacystatement) (together, these " |
| 71 | 69 | |
| 90 | 88 | user |
| 91 | 89 | |
| 92 | 90 | " is anyone who uses the Services. |
| 93 | 91 | |
| 94 | 92 | **New Developments.** If any new aspects, features, components, or developments of the Services become available, they will be considered a part of the Services and your use of them will be governed by these Terms of Use unless we notify you that different terms and conditions apply. You must comply with any additional terms that apply to third-party content, material, information, software, or other services. |
| 95 | 93 | |
| 96 | \_ | |
| 97 | ||
| 98 | 94 | ## **2\. USER ELIGIBILITY** |
| 99 | 95 | |
| 100 | 96 | You must be at least eighteen (18) years of age to submit any User Content or personal information on or through the Services, register for an account, or purchase any goods or services. If you are between the ages of thirteen (13) and 18, you may view the Services with the consent of your parent or legal guardian, provided that you do not engage in any of the activities prohibited in the prior sentence. Any use of the Services by anyone under thirteen (13) years old is unauthorized and is a violation of these Terms of Use. |
| 101 | 97 | |
| 102 | 98 | By using the Services, you represent and warrant that you are at least 18 years old and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, use the Services, and fulfill the obligations set forth in these Terms of use, which forms a binding contract between you and AP. |
| 103 | 99 | |
| 104 | 100 | We reserve the right, at our sole and absolute discretion, to deny any user access to the Services, or any portion of the Services, without notice and without reason. |
| 105 | 101 | |
| 106 | \_ | |
| 107 | ||
| 108 | 102 | ## **3\. ACCOUNT INFORMATION** |
| 109 | 103 | |
| 110 | 104 | If you wish to save preferences to your device, you may need to register for an account (" |
| 111 | 105 | |
| 112 | 106 | Account |
| 113 | 107 | |
| 128 | 122 | Account Information |
| 129 | 123 | |
| 130 | 124 | "). When creating your Account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password may be used by only one authorized user. You are not permitted to transfer your account to anyone without first getting our written permission. |
| 131 | 125 | |
| 132 | 126 | You are solely responsible for the confidentiality and use of your Account Information, as well as for any use of, misuse of, or communications entered through the Services using any of your Account Information. You must promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. AP is under no obligation to accept any individual or entity as an Account holder, and AP may accept or reject any registrations at our sole and complete discretion. We will not be liable for any loss or damage caused by any unauthorized use of your Account. |
| 133 | 127 | |
| 134 | \_ | |
| 135 | ||
| 136 | 128 | ## **4\. RULES OF CONDUCT** |
| 137 | 129 | |
| 138 | 130 | By accessing the Services, you agree to comply with these Rules of Conduct: |
| 139 | 131 | |
| 140 | 132 | - You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful, misleading, malicious, or discriminatory purpose. |
| 141 | 133 | - You will not access or use the Services to collect any market research for a competing business. |
| 157 | 149 | - If you collect information from any Services users, you will: obtain their consent, make it clear that you (and not we) are the one collecting their information, and post a privacy policy in compliance with applicable law explaining what information you collect and how you will use it. |
| 158 | 150 | |
| 159 | 151 | If you find something that violates our Rules of Conduct, please let us know so we may review it. |
| 160 | 152 | |
| 161 | 153 | We have the right to investigate occurrences that may involve violations of these Rules of Conduct and these Terms of Use, and we may involve, provide information to, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. |
| 162 | 154 | |
| 163 | \_ | |
| 164 | ||
| 165 | 155 | ## **5\. USER CONTENT** |
| 166 | 156 | |
| 167 | 157 | We may provide you with opportunities to submit, post, upload, transfer, send, publish, link to, or otherwise make available (together, " |
| 168 | 158 | |
| 169 | 159 | submit |
| 170 | 160 | |
| 200 | 190 | **Your Representations and Warranties with Respect to User Content.** You acknowledge that the grant of license in these Terms of Use is supported by good, valuable, and sufficient consideration. By submitting any User Content, you represent and warrant that: (a) you own the User Content or otherwise have the right to grant the license set forth in these Terms of Use; (b) the submission of your User Content on or through the Services does not violate the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity; (c) you have read and understood these Terms of Use, and your User Content fully complies with these Terms of Use and applicable laws. |
| 201 | 191 | |
| 202 | 192 | **You Are Solely Responsible for Your User Content.** Failure to comply with these Terms of Use may expose you to liability to us and liability to individuals or legal entities whose copyrights or other rights have been violated in connection with your User Content. **_We strongly recommend that you review these Terms of Use regularly and carefully consider the suitability of materials you wish to submit._** Remember, once User Content is submitted, it may quickly be transferred to other web sites and media that we do not control, and it may be impossible to recover or delete. You expressly agree that we have no responsibility for or control over User Content you may submit on or through the Services. You are solely responsible for your use of the Services, including your submission of any User Content, and you use the Services at your own risk. By way of example, you will not submit any User Content or use the Services in any way that infringes or violates someone else's rights, including but not limited to their copyrights, or otherwise violates the law. |
| 203 | 193 | |
| 204 | 194 | As addressed more fully in Section 6 of these Terms of Use, we reserve the right to remove any User Content you submit on or through the Services if we believe, at our sole discretion, that it violates these Terms of Use or applicable law. If you infringe other people's intellectual property rights, we may disable your account when deemed appropriate by us at our sole discretion. |
| 205 | 195 | |
| 206 | \_ | |
| 207 | ||
| 208 | 196 | ## **6\. NO OBLIGATION TO MONITOR; RESERVED RIGHTS** |
| 209 | 197 | |
| 210 | 198 | We do not undertake any obligation to monitor, moderate, regulate, or prescreen (together, " |
| 211 | 199 | |
| 212 | 200 | monitor |
| 213 | 201 | |
| 221 | 209 | - Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services in accordance with our [Privacy Policy](https://apnews.com/privacystatement). |
| 222 | 210 | - Change, terminate, or suspend the Services, any features of the Services, and/or any Content available on or through the Services, in any way, at any time, and for any reason or no reason. |
| 223 | 211 | - Require you to cease use of all or part of the Services. |
| 224 | 212 | |
| 225 | 213 | You understand and agree that we have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities. |
| 226 | 214 | |
| 227 | \_ | |
| 228 | ||
| 229 | 215 | ## **7\. INTELLECTUAL PROPERTY** |
| 230 | 216 | |
| 231 | 217 | **Content.** The Services contains materials such as photographs, software, text, graphics, images, and other material provided by or on behalf of AP (together, " |
| 232 | 218 | |
| 233 | 219 | Content |
| 234 | 220 | |
| 263 | 249 | Act |
| 264 | 250 | |
| 265 | 251 | ") for the receipt of any Notification of Claimed Infringement which may be given under that Act as provided in Contact Us, Section 20, below. |
| 266 | 252 | |
| 267 | 253 | If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. |
| 268 | 254 | |
| 269 | \_ | |
| 270 | ||
| 271 | 255 | ## **8\. COMMUNICATIONS WITH US** |
| 272 | 256 | |
| 273 | 257 | **No confidential or sensitive personal information.** Although we encourage you to contact us, we do not want you to, and you should not, e-mail or otherwise communicate to us any content that contains confidential information or sensitive personal information. |
| 274 | 258 | |
| 275 | 259 | **Feedback.** You acknowledge and agree that if you submit any comments, feedback, ideas, questions, suggestions, and the like to us about the Services and/or Content, including possible developments (together, " |
| 276 | 260 | |
| 277 | 261 | Feedback |
| 278 | 262 | |
| 279 | 263 | "), we make no assurances or warranties that such Feedback will be treated as confidential or proprietary. By submitting Feedback, you acknowledge and agree that we shall be free to use your Feedback, including but not limited to any ideas, concepts, know-how, or techniques contained in your Feedback, for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without any compensation or attribution to you. You further acknowledge and agree that you are waiving any and all rights that you may have in and to the Feedback, and you are representing and warranting to us that the Feedback is wholly original with you, that to the best of your knowledge no one else has any rights in the Feedback, and that we are free to implement the Feedback if we so desire, as provided or as modified by us, without obtaining permission or license from any third party. |
| 280 | 264 | |
| 281 | 265 | **Unsolicited Ideas Submission.** Note that we do not accept or consider unsolicited submissions concerning our business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans, or new product/service names. Please do not send us such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when our services, products, or marketing strategies appear similar to ideas submitted to us. You acknowledge and agree that all such submissions to us are considered our property. We do not have an obligation to protect the confidentiality of any such submission. We will exclusively own all known or later-existing rights to such submissions worldwide, and we will be entitled to the unrestricted use of any such submissions for any purpose, without compensation to you or any third-party provider of such submissions. |
| 282 | 266 | |
| 283 | \_ | |
| 284 | ||
| 285 | 267 | ## **9\. THIRD-PARTY SERVICES AND EXTERNAL SITES** |
| 286 | 268 | |
| 287 | 269 | General Information. |
| 288 | 270 | |
| 289 | 271 | The Services may permit you to access content as services belonging to third parties (" |
| 290 | 272 | |
| 293 | 275 | ") and may contain links to third-party web sites (" |
| 294 | 276 | |
| 295 | 277 | External Sites |
| 296 | 278 | |
| 297 | 279 | "). Access to such Third-Party Services and External Sites is provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Services or External Sites. The content of such Third-Party Services and External Sites is developed and provided by others. By accessing Third-Party Services and External Sites, you agree to their respective terms and conditions. For example, we use YouTube's API Services, whose terms of use are available at [https://www.youtube.com/t/terms](https://www.youtube.com/t/terms). You should contact the site administrator or webmaster for those Third-Party Services and External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. We disclaim any and all liability arising out of, related to, in connection with, or resulting in any way from your use of any Third-Party Services or External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. |
| 298 | 280 | |
| 299 | \_ | |
| 300 | ||
| 301 | 281 | **About AP Buyline** |
| 302 | 282 | |
| 303 | 283 | **What is AP Buyline?** |
| 304 | AP Buyline ([Personal Finance](https://apnews.com/buyline-personal-finance/), [Shopping](https://apnews.com/hub/shopping)) is an initiative designed to simplify complex consumer-made decisions by providing its audience with reliable evaluations and straightforward insights. AP Buyline's aim is to craft every piece of content to be impartial, accurate and comprehensive. AP Buyline content is created by Taboola.com Ltd. in accordance with AP's editorial and content guidelines and under the supervision of AP Staff. The AP Buyline web site is hosted and maintained by Taboola and co-managed by AP and Taboola. | |
| 284 | AP Buyline ([Personal Finance](https://apnews.com/buyline-personal-finance/), [Shopping](https://apnews.com/buyline-shopping/)) is an initiative designed to simplify complex consumer-made decisions by providing its audience with reliable evaluations and straightforward insights. AP Buyline's aim is to craft every piece of content to be impartial, accurate and comprehensive. AP Buyline content is created by Taboola.com Ltd. in accordance with AP's editorial and content guidelines and under the supervision of AP Staff. The AP Buyline web site is hosted and maintained by Taboola and co-managed by AP and Taboola. | |
| 305 | 285 | |
| 306 | 286 | **The AP Buyline mission:** |
| 307 | 287 | |
| 308 | 288 | AP Buyline aims to fundamentally assist consumers by providing impartial how-to guides and reviews in order to empower readers to make their own knowledge-based purchase decisions. Our diverse team of writers and editors are experts in their fields, dedicated to revolutionizing the way readers find high-quality information on products and services. |
| 309 | 289 | |
| 310 | 290 | As part of our mission to offer insights that go beyond the surface, the AP Buyline team conducts thorough research and interviews with industry experts in order to equip readers from all walks of life with the pertinent information they need to make better, more informed decisions. |
| 325 | 305 | |
| 326 | 306 | **How we make money:** |
| 327 | 307 | To maintain AP Buyline's operations and compensate its proficient researchers, writers and editors, we accept advertising from affiliate partners. |
| 328 | 308 | |
| 329 | 309 | AP Buyline features articles that contain affiliate links. We earn a commission from purchases made through these links, without any extra cost to the buyer. This means that if you determine a product or service featured on the AP Buyline site suits your needs and you click on the provided link, we may receive payment from the provider associated with the advertisement. |
| 330 | 310 | |
| 331 | \_ | |
| 332 | ||
| 333 | 311 | ## **10\. DISCLAIMERS** |
| 334 | 312 | |
| 335 | 313 | You are solely responsible and liable for any activity, behavior, use, and/or conduct that breaches any terms or conditions of these Terms of Use or applicable law. You agree we have no responsibility to you or to any third party for any breach of your obligations under these Terms of Use or for the consequences (including any loss or damage that we may suffer) of any such breach. Persons found in violation of any of these rules or any aspect of these Terms of Use, as decided in by us at our sole discretion, may have their access to the Services blocked. Violations of system or network security or these Terms of Use may result in civil or criminal liability. |
| 336 | 314 | |
| 337 | 315 | We make no representation that your use of the Services including any Content will comply with applicable laws or be available for use. (See Compliance with Applicable Laws, Section 13, below) |
| 338 | 316 | |
| 339 | 317 | You acknowledge and agree that the Content: is made available for your personal informational, educational, and entertainment purposes only without representation or warranty of any kind; is not a substitute for legal advice or your judgment; and should not be construed as an endorsement by or representation of our opinions. Your reliance upon any Content obtained by you on or through the Services is solely at your own risk. You agree to comply with all notices and requirements accompanying third-party material. We may change the Services or delete or revise Content or features at any time, in any way, for any or no reason, at our sole discretion. |
| 340 | 318 | |
| 341 | 319 | You acknowledge and agree that we do not control User Content submitted by any users of the Services, and we do not vouch for the accuracy, integrity, or quality of any such User Content. We do not endorse any opinions expressed by any users of the Services. We do not guarantee that any User Content has been submitted with the permission of the copyright or proprietary owner or is otherwise in compliance with these Terms of Use. You understand and agree that you must evaluate, and that you bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge and agree that we have no responsibility for the storage or deletion of, or the failure to store or delete, any Content, including but not limited to User Content. You agree that under no circumstance will we, our directors, officers, members, employees, consultants, agents, representatives, advisers, affiliates, subsidiaries or our third-party partners be liable in any way in connection with: (a) any User Content submitted by any users of the Services, including without limitation errors or omissions in such information or data; (b) any loss or damage of any kind incurred as a result of the use by you or a third party of any such User Content; or (c) any failure to correct or remove any Content, including but not limited to User Content. |
| 342 | 320 | |
| 343 | \_ | |
| 344 | ||
| 345 | 321 | ## **11\. NO WARRANTIES; LIMITATION OF LIABILITY; EXCLUSIVE REMEDY; RELEASE** |
| 346 | 322 | |
| 347 | 323 | **NO WARRANTIES.** YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AP DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SERVICES OR IN THE CONTENT IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AP IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF ANY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO USER CONTENT, THIRD-PARTY SERVICES, AND EXTERNAL SITES. |
| 348 | 324 | |
| 349 | 325 | **LIMITATION OF LIABILITY.** IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF, RELATED TO, IN CONNECTION WITH, OR RESULTING IN ANY WAY FROM THE ACCESS TO OR USE OR INABILITY TO ACCESS OR USE THE SERVICES OR THE CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER ARISING OUT OF, RELATED TO, IN CONNECTION WITH, OR RESULTING IN ANY WAY FROM ACCESS TO OR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED ONE HUNDRED US DOLLARS ($100). |
| 350 | 326 | |
| 351 | 327 | CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. |
| 352 | 328 | |
| 353 | 329 | **EXCLUSIVE REMEDY.** IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. |
| 354 | 330 | |
| 355 | 331 | **RELEASE.** YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES A WAIVER AND RELEASE OF UNKNOWN CLAIMS THAT EXIST OR MAY EXIST AS OF THE DATE OF THIS RELEASE, AND YOU AGREE TO WAIVE AND RELINQUISH ANY AND ALL RIGHTS YOU HAVE OR MAY HAVE UNDER ANY STATUTE OR OTHER LAW THAT REQUIRES THE KNOWING WAIVER OF SUCH UNKNOWN CLAIMS, INCLUDING WITHOUT LIMITATION CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. |
| 356 | 332 | |
| 357 | \_ | |
| 358 | ||
| 359 | 333 | ## **12\. INDEMNIFICATION** |
| 360 | 334 | |
| 361 | 335 | To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold us and our officers, directors, members, employees, agents, successors, licensees, licensors, affiliates, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, costs, and/or demands, including, without limitation, reasonable attorneys' and accounting fees and all related costs and expenses of litigation, regardless of whether litigation is instituted, arising out of, related to, in connection with, or resulting in any way from: (i) your breach of these Terms of Use; (ii) your misuse of the Content or the Services; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and/or (iv) any User Content submitted by you. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. |
| 362 | 336 | |
| 363 | 337 | This defense and indemnification obligation will survive termination of these Terms of Use and your use of the Services. |
| 364 | 338 | |
| 365 | \_ | |
| 366 | ||
| 367 | 339 | ## **13\. COMPLIANCE WITH APPLICABLE LAWS** |
| 368 | 340 | |
| 369 | 341 | The Services are owned, controlled, and operated by The Associated Press, a New York not-for-profit corporation in the United States of America. The Services are based in the United States. Access to and use of the Services, including but not limited to the Content, may not be legal by certain persons or in certain countries. We make no claims concerning whether the Content may be downloaded, viewed, or appropriate for use outside of the United States. If you use the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The Services may contain links to other web sites, some of which may be outside the United States. Those other web sites may have information that is appropriate only to the particular originating country or region where such other web site is based. |
| 370 | 342 | |
| 371 | 343 | **_Special Provisions Relating to Users Outside of the United States._** The following provisions apply to users outside the United States: (a) You consent to having your personal data transferred to and processed in the United States; and (b) If you are located in a country embargoed by the United States or are on the U.S. Treasury Department's list of Specially Designated Nationals, you are not permitted to engage in commercial activities on or through the Services (such as advertising or payments). |
| 372 | 344 | |
| 373 | \_ | |
| 374 | ||
| 375 | 345 | ## **14\. TERMINATION OF THESE TERMS OF USE** |
| 376 | 346 | |
| 377 | 347 | These Terms of Use are effective unless and until terminated by either you or us. |
| 378 | 348 | |
| 379 | 349 | If you violate any part of these Terms of Use, your permission to use the Services, including any Content, automatically terminates. You must immediately cease use of the Services and Content, and you must immediately destroy any copies you have made of the Content. |
| 380 | 350 | |
| 381 | 351 | We reserve the right to, at our sole discretion, restrict, suspend, or terminate these Terms of Use, the Services, and/or your access to all or any part of the Services, at any time and for any reason without prior notice or liability to you or to any third party, and such action shall not limit any other rights or remedies that are available to us. |
| 382 | 352 | |
| 383 | 353 | You may terminate these Terms of Use at any time by ceasing to use the Services. Termination, including cessation of your use of the Services, is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to use the Services shall immediately cease. You acknowledge and agree that upon termination, you may be prevented from accessing the Services, your account details, or any files or other content contained in your account. |
| 384 | 354 | |
| 385 | 355 | Section 1 and Sections 5 through 20 of these Terms of Use shall survive the termination for any reason. |
| 386 | 356 | |
| 387 | \_ | |
| 388 | ||
| 389 | 357 | ## 15\. CONTROLLING LAW |
| 390 | 358 | |
| 391 | 359 | These Terms of Use any action arising from, related to, connected with, or resulting in any way from these Terms of Use will be governed by the laws of the State of New York in the United States without regard to its conflict of laws provisions. |
| 392 | 360 | |
| 393 | \_ | |
| 394 | ||
| 395 | 361 | ## **16\. BINDING ARBITRATION AND CLASS ACTION WAIVER** |
| 396 | 362 | |
| 397 | 363 | Please read the following arbitration agreement (the " |
| 398 | 364 | |
| 399 | 365 | Arbitration Agreement |
| 400 | 366 | |
| 429 | 395 | If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. |
| 430 | 396 | |
| 431 | 397 | This Arbitration Agreement will survive the termination of your relationship with us. |
| 432 | 398 | |
| 433 | 399 | Notwithstanding any provision in these Terms to the contrary, if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the address provided for Legal Matters in the Contact Us Section of these Terms of Use (see Section 20). |
| 434 | 400 | |
| 435 | \_ | |
| 436 | ||
| 437 | 401 | ## **17\. EQUITABLE RELIEF** |
| 438 | 402 | |
| 439 | 403 | You acknowledge and agree that, in the event of a breach or threatened breach of our intellectual property rights, confidential information, and/or proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use and applicable law, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above (see Section 16). All claims or disputes arising out of, related to, in connection with, or resulting in any way from these Terms of Use shall be heard exclusively by any of the federal or state courts of competent jurisdiction located in New York County in the State of New York, USA. |
| 440 | 404 | |
| 441 | \_ | |
| 442 | ||
| 443 | 405 | ## **18\. DOWNLOADING THE APP** |
| 444 | 406 | |
| 445 | 407 | We may make the App available through the Google Play Store or the Apple App Store (together, the " |
| 446 | 408 | |
| 447 | 409 | App Provider |
| 448 | 410 | |
| 454 | 416 | - Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. |
| 455 | 417 | - In the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, AP will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. |
| 456 | 418 | - Apple and its affiliates are third-party beneficiaries of these Terms of Use as related to your license to the App, and, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third-party beneficiary thereof. |
| 457 | 419 | - You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual or associated with an entity designated under the UK's Terrorist Asset-Freezing Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security- or terrorism-related rules, whether applicable to you personally or to your location or other circumstances. |
| 458 | 420 | - You must also comply with all applicable third-party Terms of Use when using the App. |
| 459 | 421 | |
| 460 | \_ | |
| 422 | miscellaneous | |
| 461 | 423 | |
| 462 | 424 | ## **19\. MISCELLANEOUS** |
| 463 | 425 | |
| 464 | 426 | - These Terms of Use constitute the entire agreement between you and us relating to the subject matter of these Terms of Use, and they supersede any prior agreements between you and us relating to the subject matter. |
| 465 | 427 | - Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of the Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. |
| 466 | 428 | - Any amendment to or waiver of this Statement must be made in writing and signed by us. No waiver shall be construed as a waiver in any other or subsequent instance. |
| 468 | 430 | - Nothing in these Terms of Use shall prevent us from complying with the law. |
| 469 | 431 | - These Terms of Use do not confer any third-party beneficiary rights. |
| 470 | 432 | - The section headings are provided merely for convenience and shall not be given any legal import. |
| 471 | 433 | - If you have an account, any legal notice relating to these Terms of Use shall be sent to the email address associated with your account, and you agree that this constitutes adequate and sufficient notice. Any legal notice to us shall be sent to the contact for legal matters (see Contact Us, Section 20 ,below). |
| 472 | 434 | - These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. |
| 473 | 435 | |
| 474 | \_ | |
| 436 | contact-us | |
| 475 | 437 | |
| 476 | 438 | ## **20\. CONTACT US** |
| 477 | 439 | |
| 478 | 440 | **Content, Account Information, and General Matters.** To provide Feedback, obtain information about your account, or obtain other information about the Services: |
| 479 | 441 | |
| 480 | 442 | ㅤThe Associated Press |
| 492 | 454 | ㅤNew York, NY 10281, USA |
| 493 | 455 | |
| 494 | 456 | ㅤATTENTION: Legal Department |
| 495 | 457 | |
| 496 | 458 | ㅤPhone: 212.621.1500 |
| 497 | 459 | |
| 498 | ㅤEmail: [\[email protected\]](https://apnews.com/cdn-cgi/l/email-protection#82cee7e5e3eed1f6e3e4e4c2e3f2acedf0e5) | |
| 460 | ㅤEmail: [\[email protected\]](https://apnews.com/cdn-cgi/l/email-protection#014d6466606d52756067674160712f6e7366) | |
| 499 | 461 | |
| 500 | 462 | For claims of copyright infringement under the Digital Millennium Copyright Act: |
| 501 | 463 | |
| 502 | 464 | ㅤDMCA Notices |
| 503 | 465 | |
| 504 | 466 | ㅤThe Associated Press |
| 508 | 470 | ㅤNew York, NY 10281, USA |
| 509 | 471 | |
| 510 | 472 | ㅤATTENTION: Legal Department |
| 511 | 473 | |
| 512 | 474 | ㅤPhone: 212.621.1500 |
| 513 | 475 | |
| 514 | ㅤEmail: [\[email protected\]](https://apnews.com/cdn-cgi/l/email-protection#234a53514a444b57506342530d4c5144) | |
| 476 | ㅤEmail: [\[email protected\]](https://apnews.com/cdn-cgi/l/email-protection#6801181a010f001c1b28091846071a0f) | |
| 515 | 477 | |
| 516 | 478 | Copyright 2024 The Associated Press. |