Terms of Service

DATED 2026-01-20 · VERSION 20260729_rev01 · COMPARED WITH 20250401_rev01

Full text changes — 20250401_rev01 to 20260729_rev01

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

1_Last Updated on March 3, 2025_
1_Effective on January 20, 2026_
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33This page describes the terms and conditions that govern your use of certain New York Times products or services, including NYTimes.com and mobile applications, offered by The New York Times Company and its subsidiaries, including The Athletic ("NYT", "us" or "we").
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55**PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY NYT PRODUCTS OR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.**
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77**IMPORTANT NOTICE - ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:** BY AGREEING TO BE BOUND BY THE TERMS OF SERVICE, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN [SECTION 12]() BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE CLICK [HERE]() TO READ SECTION 12 OF THIS AGREEMENT FOR FURTHER DETAILS.
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9For information on how NYT collects, uses and shares any personal information, please see our [Privacy Policy](https://www.nytimes.com/privacy/privacy-policy). If you reside outside of the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities described in our [Privacy Policy](https://www.nytimes.com/privacy/privacy-policy) under the laws of your jurisdiction.
9For information on how NYT collects, uses and shares any personal information, please see our [Privacy Policy](https://help.nytimes.com/policies/10940941449492-The-New-York-Times-Company-Privacy-Policy). If you reside outside of the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities described in our [Privacy Policy](https://help.nytimes.com/policies/10940941449492-The-New-York-Times-Company-Privacy-Policy) under the laws of your jurisdiction.
1010
11**Table of Contents**
11### **1\. GENERAL RULES AND DEFINITIONS**
1212
131. [GENERAL RULES AND DEFINITIONS]()
142. [CONTENT ON THE SERVICES]()
153. [USER-GENERATED CONTENT: SUBMISSIONS, INCLUDING COMMENTS AND MORE]()
164. [PROHIBITED USE OF THE SERVICES]()
175. [REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES]()
186. [REGISTRATION AND SECURITY]()
197. [FEES AND PAYMENTS]()
208. [THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES]()
219. [SOFTWARE LICENSES]()
2210. [TERMINATION]()
2311. [GOVERNING LAW; JURISDICTION]()
2412. [WAIVER OF CLASS ACTIONS; ARBITRATION]()
2513. [MISCELLANEOUS]()
2614. [SPECIAL TERMS]()
131.1 If you choose to use certain NYT products or services displaying or otherwise governed by these Terms of Service, including NYTimes.com (the "**Site**"), NYT's mobile sites and applications (including Cooking, Games or The Athletic), any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (as defined below) and other downloads, and NYT's Home Delivery service (collectively, the "**Services****"**), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and NYT.
2714
28**1\. GENERAL RULES AND DEFINITIONS**
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301.1 If you choose to use certain NYT products or services displaying or otherwise governed by these Terms of Service, including NYTimes.com (the "**Site**"), NYT's mobile sites and applications (including Cooking, Games or The Athletic), any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (as defined below) and other downloads, and NYT's Home Delivery service (collectively, the "**Services"**), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and NYT.
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32151.2 We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing (including by email or by updating the date above after "Last Updated On"). Such changes will become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site.
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34171.3 IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY: (1) CANCEL YOUR ACCOUNT (SEE [SECTION 10.1]() REGARDING TERMINATION OF SERVICE) AND/OR (2) DISCONTINUE YOUR USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.
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36191.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
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38211.5 Being exposed to advertising is a condition of accessing the Services.
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42**2\. CONTENT ON THE SERVICES**
25### **2\. CONTENT ON THE SERVICES**
4326
44272.1 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, "look and feel," metadata, data, or compilations, all also known as the "**Content**") are protected by copyright, and owned or controlled by The New York Times Company or the party credited as the provider of the Content. The New York Times Company also owns copyright in the selection, coordination, compilation, and enhancement of such Content ("**Arrangement**"). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. Non-commercial use does not include the use of Content without prior written consent from The New York Times Company in connection with: (1) the development of any software program, model, algorithm, or other generative AI tool, including, but not limited to, training or using the Content in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including any use of the Content for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation); or (2) providing archived or cached data sets containing Content to another person or entity.
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462.2 The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights in or to the Services and Content pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in [Section 2.3]() of these Terms of Service), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including Software) in whole or in part.
292.2 The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights in or to the Services and Content pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in [Section 2.3](https://help.nytimes.com/hc/en-us/articles/115014893428-Terms-of-Service) of these Terms of Service), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including Software) in whole or in part.
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482.3 You may download or copy certain Content and other downloadable items displayed on the Services for your personal use only, provided that you maintain all copyright and other notices contained in the Content and other downloadable items. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from [The New York Times Rights and Permissions Department](https://help.nytimes.com/hc/en-us/articles/115014891408-Obtaining-and-using-Times-content), or the copyright holder identified in the copyright notice contained in the Content.
312.3 You may download or copy certain Content and other downloadable items displayed on the Services for your personal use only, provided that you maintain all copyright and other notices contained in the Content and other downloadable items. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from [The New York Times Rights and Permissions Department](https://help.nytimes.com/permissions/115014891408-Obtaining-and-using-Times-content), or the copyright holder identified in the copyright notice contained in the Content.
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50332.4 Certain Content is furnished by the Associated Press and Reuters, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part of that Content, or for any resulting damages.
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54**3\. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE**
37### **3\. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE; PROTECTIONS FROM ILLEGAL CONTENT**
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563.1 If you upload, post, send, or submit any content on the Services, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish to, the Services any content.
393.1 If you upload, post, display, distribute, send, store, share, generate, or submit any content on the Services ("user generated content"), you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. In particular and without limitation, you must not use the Services in violation of our Acceptable Use Policies for applicable Services. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish to, the Services any content.
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5841Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
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6043Use respectful language. Like any community, the online conversation flourishes only when our members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
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6245Debate, but don't attack. In a community full of opinions and preferences, people always disagree. NYT encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
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6447For more information regarding The Athletic's Code of Conduct, please go to [nytimes.com/athletic/code-of-conduct](https://nytimes.com/athletic/code-of-conduct).
6548
66When playing Crossplay, you agree to abide by the [Crossplay Acceptable Use Policy](https://help.nytimes.com/hc/en-us/articles/35116654771220-Crossplay-Acceptable-Use-Policy), which is incorporated by reference into these Terms.
49When playing Crossplay, you agree to abide by the [Crossplay Acceptable Use Policy](https://help.nytimes.com/policies/35116654771220-Crossplay-Acceptable-Use-Policy), which is incorporated by reference into these Terms.
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51We may use automated scanning and moderation technology to monitor users' direct messages in order to identify any violations of an applicable Acceptable Use Policy and these Terms of Service, to help ensure a safe and respectful experience for you and other users.
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68533.2 The Services may be used only in a noncommercial manner. You must not, without the express approval of NYT, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You may not use all or part of the Services to collect, store, or use any user information for any purpose not expressly permitted by these Terms of Service.
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703.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a "**Submission**") may be used, edited, removed, modified, published, transmitted, and displayed by NYT and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds and APIs and made available for republishing through other formats.
553.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, and direct messages, as well as computer code and applications) (each, a "**Submission**") may be used, edited, removed, modified, published, transmitted, and displayed by NYT and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds and APIs and made available for republishing through other formats.
7156
72573.4 You grant NYT a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for NYT, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or developed at any time, any Submission posted by you on or to the Services or any other website owned by NYT, including any Submission posted on or to the Services through a third party. Among other things, NYT licenses comments to third parties for academic, governmental, financial and corporate use. In these cases, steps are taken to remove personal information from such comments.
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74593.5 You are solely responsible for the content of your Submissions. However, while NYT does not and cannot review every Submission and is not responsible for the content of these messages, NYT reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.
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76613.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
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7964
80**4\. PROHIBITED USE OF THE SERVICES**
65### **4\. PROHIBITED USE OF THE SERVICES**
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82674.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws, including export controls and sanctions, or in violation of our or any third party's intellectual property or other proprietary or legal rights. You further agree that you will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content of the Services, or make any unauthorized use of the Services. Without NYT's prior written consent, you shall not:
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8469(1) access any part of the Services, Content, data or information you do not have permission or authorization to access or for which NYT has revoked your access;
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8671(2) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise use, access, or collect the Content, data or information from the Services using automated means;
9883(8) perform text and data mining activities under Art. 4 of the EU Directive on Copyright in the Digital Single Market.
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100854.2 Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
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104**5\. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES**
89### **5\. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES**
10590
106915.1 You represent, warrant and covenant that: (1) no materials of any kind submitted through your account will: (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or (b) contain libelous or otherwise unlawful material; (2) you are at least thirteen years old if you are in the USA and the UK, and sixteen years old anywhere else; and (3) if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Service. You hereby indemnify, defend and hold harmless NYT and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "**Indemnified Parties**") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of: (1) any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants; or (2) your gross negligence or willful misconduct. You must cooperate as fully as reasonably required in the defense of any such claim. NYT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
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108935.2 NYT does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. NYT will not be liable to you or any other person as a result of a user's interactions with other users. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information will be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, NYT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE WILL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED IN THE SITE, THE CONTENT, OR THE SERVICES. NOTHING CONTAINED IN THE SITE WILL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
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110955.3 IN NO EVENT WILL NYT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS ("**NYT PARTIES**") BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, THE "**EXCLUDED DAMAGES**"). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE NYT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE NYT PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
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114**6\. REGISTRATION AND SECURITY**
99### **6\. REGISTRATION AND SECURITY**
115100
1161016.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address or by linking another account, such as your Apple, Facebook or Google accounts. You also can be requested to provide certain registration information, which must be accurate and updated, or verify your account or contact information.
117102
118103Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of NYT. You may not: (1) select or use the login credentials of another person with the intent to impersonate that person; (2) use login credentials in which another person has rights without such person's authorization; or (3) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with these requirements will constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account. You must provide us with accurate, complete, and updated registration information about yourself.
119104
120105You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
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1221076.2 Please [notify us](https://help.nytimes.com/hc/en-us/articles/115015385887) of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
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1241096.3 You must be 13 years or older to use any part of the Services in the USA and the UK, and 16 years or older anywhere else. If you are less than 18 years of age and would like to use, subscribe or register to any part of the Services, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Services or ask them to complete the purchase and/or registration on your behalf.
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1266.4 You are responsible for all usage or activity on your account with NYT, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity or activity that violates these Terms of Service, the [Crossplay Acceptable Use Policy](https://help.nytimes.com/hc/en-us/articles/35116654771220-Crossplay-Acceptable-Use-Policy), or other applicable terms and conditions may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.
1116.4 You are responsible for all usage or activity on your account with NYT, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity or activity that violates these Terms of Service, the [Crossplay Acceptable Use Policy](https://help.nytimes.com/policies/35116654771220-Crossplay-Acceptable-Use-Policy), or other applicable terms and conditions may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.
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1281136.5 If your access to any Service has been provided by or through a third party (for example, your employer or an educational institution at which you are a student) (each, a "**Client**"), the Client may have provided us with information about you to enable us to provide you with access to the Services and distinguish you from other subscribers (such as your IP address, email address or name).
129114
1301156.6. We cannot and do not guarantee that any of the Services will be free from viruses or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Services.
131116
1321176.7. If there is a dispute between participants on this site, or between users and any third party, you agree that NYT is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release NYT, its subsidiaries, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
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136**7\. FEES AND PAYMENTS**
121### **7\. FEES AND PAYMENTS**
137122
1381237.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, 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 (see [Section 10.1]() regarding termination of service). All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You must 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 will 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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142**8\. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.**
127### **8\. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.**
143128
1441298.1 The Services contain links to third-party websites, services, resources, and advertisers (collectively, "**Linked Content**"). NYT does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site. When you access Linked Content, you accept that there are risks in doing so, and that NYT is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site.
145130
146131In addition, NYT will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
147132
148133Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that NYT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
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152**9\. SOFTWARE LICENSES**
137### **9\. SOFTWARE LICENSES**
153138
154139We grant you a limited, revocable, and non-transferable license to use the mobile applications ("Apps") on devices you own or have a legal right to use in accordance with these Terms of Service, the Terms of Sale (where applicable), and any additional terms specific to the particular application. You 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 NYT, and any attempt at such sublicense, assignment or transfer will 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.
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157142
158**10\. TERMINATION; SURVIVAL**
143### **10\. TERMINATION; SURVIVAL**
159144
16010.1 You may terminate your NYT account by calling Customer Care at 866-273-3612 during limited hours (please see our [international contact information](https://help.nytimes.com/hc/en-us/articles/115014792927-International-contact-info) if you are outside the U.S.) or chatting with Customer Care [here](https://help.nytimes.com/hc/en-us/articles/115015385887-Contact-us) during limited hours. Cancellation of paid digital products will be governed by our [Cancellation and Refund Policy for Digital Products](https://help.nytimes.com/hc/en-us/articles/115014893968-Terms-of-sale). Please note that terminating your NYT account does not automatically terminate your account with The Athletic. To terminate your account with The Athletic, please contact us directly at [nytimes.com/athletic/contact-support](https://nytimes.com/athletic/contact-support).
14510.1 You may terminate your NYT account by calling Customer Care at 866-273-3612 during limited hours (please see our [international contact information](https://help.nytimes.com/115003860627-Contact-The-New-York-Times/115014792927-International-Subscriber-Contact-Information) if you are outside the U.S.) or chatting with Customer Care [here](https://help.nytimes.com/hc/en-us/articles/115015385887-Contact-us) during limited hours. Cancellation of paid digital products will be governed by our [Cancellation and Refund Policy for Digital Products](https://thenewyorktimeshelpcenter.helpjuice.com/115002797688-Policies/115014893968-Terms-of-Sale/version/2). Please note that terminating your NYT account does not automatically terminate your account with The Athletic. To terminate your account with The Athletic, please contact us directly at [https://help.nytimes.com/contactus](https://help.nytimes.com/contactus).
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16210.2 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, the [Crossplay Acceptable Use Policy](https://help.nytimes.com/hc/en-us/articles/35116654771220-Crossplay-Acceptable-Use-Policy), or other applicable terms and conditions.
14710.2 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, the [Crossplay Acceptable Use Policy](https://help.nytimes.com/policies/35116654771220-Crossplay-Acceptable-Use-Policy), or other applicable terms and conditions.
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16414910.3 The provisions of these Terms of Service will survive the termination of your account or access to all or part of the Services.
165150
166151- * *
167152
168**11\. GOVERNING LAW; JURISDICTION**
153### **11\. GOVERNING LAW; JURISDICTION**
169154
17015511.1 These Terms of Service have been made and will be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement wholly performed in the State of New York without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).
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17215711.2 Any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred.
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174159- * *
175160
176**12\. WAIVER OF CLASS ACTIONS; ARBITRATION**
161### **12\. WAIVER OF CLASS ACTIONS; ARBITRATION**
177162
17816312.1 **Binding Arbitration**. You and NYT agree that, except for i) claims related to intellectual property, and ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, "Excluded Claims"), any controversy or claim arising out of or relating to the Terms of Service, the Terms of Sale, your relationship to NYT as a subscriber, or your use of any of NYT's Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the "Covered Claims"), will be resolved by binding, individual arbitration. The parties further agree that the determination of the scope, enforceability, or applicability of this Arbitration Agreement, including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Arbitration Agreement. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.
179164
18016512.2 **WAIVER OF CLASS ACTIONS**. YOU AND NYT AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This subsection does not prevent you or us from participating in a class-wide settlement of claims.
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182167Notwithstanding the foregoing, an arbitrator may consolidate more than one person's claims if the NYT provides consent to such consolidation in writing. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.
20218712.7 For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of New York in the State of New York.
203188
20418912.8 All provisions of this Section 12 will survive termination of these Terms of Service and the Terms of Sale, your relationship with us, and/or your account or profile.
205190
206191- * *
207192
208**13\. MISCELLANEOUS**
193### **13\. MISCELLANEOUS**
209194
21019513.1 These Terms of Service have been made in and will be construed and enforced in accordance with New York law. Any action to enforce these Terms of Service must be brought in the federal or state courts located in New York City.
211196
21213.2 Nothing in these Terms of Service will serve to preempt the promises made in our [Privacy Policy](https://www.nytimes.com/privacy/privacy-policy).
19713.2 Nothing in these Terms of Service will serve to preempt the promises made in our [Privacy Policy](https://help.nytimes.com/policies/10940941449492-The-New-York-Times-Company-Privacy-Policy).
213198
21419913.3 Correspondence should be sent to our [Customer Care](https://help.nytimes.com/hc/en-us/articles/115015385887) team.
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21620113.4 You agree to report any violations of the Terms of Service to NYT as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in a Service, please notify [copyrights@nytimes.com](mailto:copyrights@nytimes.com). (Please direct all general questions to [Customer Care](https://help.nytimes.com/hc/en-us/articles/115015385887).)
217202
21820313.5 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties will not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.
219204
22020513.6 If a provision of these Terms of Service is held invalid or unenforceable for any reason, that provision will be deemed severable and must be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected and those provisions will remain in full force and effect.
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22220713.7 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information in writing to NYT's Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail). Please be advised that to be effective, the Notice must include ALL of the following:
223208
2242091. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
225
2262102. a description of the copyrighted work that you claim has been infringed;
2272113. a description of where the material that you claim is infringing is located on the Site
2282124. your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
2292135. 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;
2302146. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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248232212-556-1234
249233
250234**By email:** [copyrights@nytimes.com](mailto:copyright@nytimes.com)
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25223613.8 If you are a California resident, under California Civil Code Section 1789.3, you may contact us via [chat](https://help.nytimes.com/hc/en-us/articles/115015385887-Contact-us).) or by phone at 1(800) 698-4637 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
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25413.9 You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of NYT, and you do not have any authority of any kind to bind NYT in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and NYT agree there are no third-party beneficiaries intended under these Terms.
23813.9 If you are an individual using the Services from within the United Kingdom, if we take down or restrict access to any of your user generated content, or we suspend or ban you from using the Services, in a way that breaches these Terms of Service or the applicable Acceptable Use Policy, you have a right to bring a claim against us for breach of contract.
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24013.10 If you are an individual using the Services from within the United Kingdom you can report or complain about the following user generated content and behaviors in the ways described below: content you consider to be illegal; content accessible to children that you consider harmful to children; when you think we are not dealing with illegal content or activity as we should; when you think we are not dealing with our duties to protect children as we should; where you think our content reporting systems and processes do not easily let users report content they believe to be illegal and content they believe to be harmful to children and that is accessible to children; when you think we have insufficiently considered the importance of protecting users' rights to freedom of expression or privacy; where your content has been taken down on the basis that it is illegal; where your content has been removed or access-restricted on the basis that it is harmful to children; where we have given you a warning, suspended, banned or restricted you in any way as a result of your content which we consider to be illegal content or content that is harmful to children; where you are unable to access content because we have incorrectly assessed your age; and where technology we use results in your content being taken down, access-restricted or deprioritized or you think the technology has been used in a way not set out in these Terms of Service.
241
242If you are an individual using the Services from within the United Kingdom and want to make a report or complaint under 13.9 or 13.10 above, please contact us at legal@nytimes.com and include the relevant section in your email subject line. Your reports and complaints are important to us. We will acknowledge and address your grievances and complaints promptly, and within the timelines prescribed by applicable law.
243
24413.11 You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of NYT, and you do not have any authority of any kind to bind NYT in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and NYT agree there are no third-party beneficiaries intended under these Terms.
245
24613.12 European Union Digital Services Act ("DSA")
247
248Pursuant to Articles 11 and 12 of the DSA, we have designated the following single points of contact for and in respect of recipients of the Services located in the European Union:
249
250- For EU-located recipients of the Services: [legal@nytimes.com](mailto:legal@nytimes.com)
251- For Member States' authorities, the European Commission and the European Board for Digital Services: [legal@nytimes.com](mailto:legal@nytimes.com)
252
253When contacting NYT at the above email addresses, please include the full name and surname of the sender, the details of the contacting authority if applicable, DSA in the subject line and the email address to which the response should be sent.
254
255English and French are the preferred languages of communication for these single points of contact.
256
25713.13. If you are a resident of India and would like to contact the Grievance Officer for India about any grievances or queries that you may have in relation to these Terms of Service or any of our products and services, you can write to [legal@nytimes.com](mailto:legal@nytimes.com) and include Grievance Officer for India in your email subject line. Your grievances and complaints are important to us. We will acknowledge and address your grievances and complaints promptly, and within the timelines prescribed by applicable law.
258
256259- * *
257260
258**14\.** **SPECIAL TERMS**
261### **14\.** **SPECIAL TERMS**
259262
26026314.1 **Beta Testing**.
261264
262265NYT may invite you to review and evaluate software, applications, downloads or other features prior to their public or commercial release (hereafter "**Beta Test Services**"). If you choose to participate in Beta Test Services, you agree to be bound by these Special Terms and to provide NYT with certain feedback and suggestions regarding your experiences while reviewing and evaluating the Beta Test Services ("**Feedback**"). NYT may ask you to enter into a confidentiality agreement for each specific Beta Test Service. If so, your participation as a tester ("**Tester**") is subject to that confidentiality agreement, in addition to the following terms and conditions which apply to all Beta Test Services.
263266
264267You further agree that the Beta Test Services and any materials in the Beta Test Services, including content (collectively, "**Pre-Release Materials**"), are confidential or proprietary information of NYT. You agree as a condition of participating in Beta Test Services to: (1) not copy or reproduce the Pre-Release Materials; (2) safeguard the Pre-Release Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Pre-Release Materials; and (3) if applicable, fully comply with the terms and conditions of the confidentiality agreement.