Terms of Service

DATED 2018-05-24 · VERSION 20180601_rev01 · COMPARED WITH 20180103_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20180103_rev01 to 20180601_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+_Last updated on October 27, 2017_
+_Last updated on May 24, 2018_
+This page describes the terms and conditions that govern your use of certain New York Times digital products, including NYTimes.com and mobile applications, offered by The New York Company and certain of its subsidiaries ("NYT", "us" or "we").
+This page describes the terms and conditions that govern your use of certain New York Times digital products, including NYTimes.com and mobile applications, offered by The New York Company and certain of its subsidiaries ("NYT", "us" or "we"). For information on how The New York Times Company collects, uses and shares any personal information, please see our [Privacy Policy](https://help.nytimes.com/hc/en-us/articles/115014892108-Privacy-policy%20).
 **1\. GENERAL RULES AND DEFINITIONS**
 .1 If you choose to use NYTimes.com (together with its version via the Tor Onion Service, the "Site"), NYT's mobile sites and applications, any of the features of this Site, including but not limited to RSS, API, software and other downloads (collectively, the "Services"), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and The New York Times Company ("NYT", "us" or "we").
 .2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
 **7\. FEES AND PAYMENTS**
 .1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
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+**8\. COMMUNICATIONS BETWEEN NYT AND USERS**
+**8\. SOFTWARE LICENSES**
+.1 If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.
+.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services ("Software"). You may not sublicense, assign or transfer any licenses granted by NYTimes.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
+.2 NYT reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
+.3 NYT reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share personal information about you only if you indicate your acceptance. For more information please read our [Privacy Policy](http://www.nytimes.com/ref/membercenter/help/privacy.html).
+.4 NYT may contact you via email regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
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+**9\. SOFTWARE LICENSES**
+**9\. TERMINATION**
+.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services ("Software"). You may not sublicense, assign or transfer any licenses granted by NYTimes.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
+.1 You may terminate your account at any time by calling Customer Care at 800-591-9233. For international customers, email us at [help@nytimes.com](mailto:help@nytimes.com). Upon termination, you will receive an automated confirmation via email that the cancellation was processed, and your access will be suspended within 24 hours. Termination of paid digital products will be governed by our [Cancellation and Refund Policy for Digital Products](http://www.nytimes.com/content/help/rights/sale/terms-of-sale.html).
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+.2 NYT may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
+**10\. TERMINATION**
+.1 You may terminate your account at any time by calling Customer Care at 800-591-9233. For international customers, email us at [help@nytimes.com](mailto:help@nytimes.com). Upon termination, you will receive an automated confirmation via email that the cancellation was processed, and your access will be suspended within 24 hours. Termination of paid digital products will be governed by our [Cancellation and Refund Policy for Digital Products](http://www.nytimes.com/content/help/rights/sale/terms-of-sale.html).
+.2 NYT may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
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+**11\. MISCELLANEOUS**
+**10\. MISCELLANEOUS**
+.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York City.
+.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York City.
+.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in [The New York Times Privacy Policy](http://www.nytimes.com/ref/membercenter/help/privacy.html).
+.2 Nothing in these Terms of Service will serve to preempt the promises made in the [Privacy Policy](https://help.nytimes.com/hc/en-us/articles/115014892108-Privacy-policy).
+.3 Correspondence should be sent to [help@nytimes.com](mailto:help@nytimes.com).
+.3 Correspondence should be sent to [help@nytimes.com](mailto:help@nytimes.com).
+.4 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notice must include ALL of the following:
+.4 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notice must include ALL of the following:
 \. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
 \. a description of the copyrighted work that you claim has been infringed;
 \. a description of where the material that you claim is infringing is located on the Site;
 \. your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
 \. 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;