Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on forward.com or other connected sites (hereinafter, the “Site”) operated by The Forward Association, Inc. (“The Forward”). Subject to any existing written agreement between you and The Forward, by continuing to use the Site, or by submitting content for publication on the Site, you agree to abide, and that you are bound, by these Terms and Conditions. The Forward reserves the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of the Site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Site shall be subject to these Terms and Conditions.
1. THE FORWARD MAY DISCONTINUE OR SUSPEND THE SITE OR TERMINATE YOUR USE:
The Forward reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that The Forward shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, The Forward reserves the right to terminate your access to the Site for any reason, and to take any other actions that The Forward, in its sole discretion, believes to be in the interest of The Forward and its users as a whole.
2. THE FORWARD HAS ALL RIGHTS IN THE SITE AND CONTENT; YOU GRANT THE FORWARD CERTAIN RIGHTS WHEN YOU SUBMIT CONTENT:
(a) The Site, including, without limitation, all text, photographs, graphics, video and audio content (“Content”) contained on the Site, is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and The Forward (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. All individual articles, blogs, videos, Content and other elements comprising the Site are also copyrighted works, and The Forward (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. You must abide by all additional copyright notices or restrictions contained on the Site.
(b) By posting or submitting Content on or to the Site, regardless of the form or medium with respect to such Content, you are giving The Forward, and its affiliates, agents and third-party contractors, the right to display or publish (either in the form or medium submitted or in the form of a derivative or adapted work in any medium, now known or later developed) such Content on the Site and its affiliated publications, to store such Content, and to distribute such Content and use such Content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to The Forward made by you, you understand and agree that The Forward may, or may permit users to, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and you shall have no rights with respect thereto and The Forward or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent and warrant that: (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize The Forward to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by The Forward and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by The Forward and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Forward all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage The Forward or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, abusive, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business or funds. The Forward reserves the right to remove or not publish submissions without prior notice. You understand that when you submit Content in any form to the Site, The Forward may authorize such Content to be distributed or syndicated to or published on other environments and in other mediums.
3. YOU HAVE RIGHTS IF YOU BELIEVE YOUR COPYRIGHT IS BEING INFRINGED:
If you are a copyright owner or agent thereof and believe that any Content on the Site infringes upon your copyright, please submit notice (“Notice”), pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 (c)) by e-mail to compliance@forward.com with all of the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and e-mail address; (v) 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; and (vi) 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 the copyright owner’s behalf.
Please note that for security reasons attachments cannot be accepted at this e-mail address. Accordingly, any Notice submitted electronically with an attachment will not be received or processed.
4. YOUR USE OF THE FORWARD’S CONTENT IS RESTRICTED:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Site or any Content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one printed copy that is limited to occasional articles of personal interest only for non-commercial use. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this Site or any Content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as The Forward from time to time may excerpt materials from other sources in order to support the various commentaries and writings contained herein, The Forward respects the right of others to make “fair use” of the materials contained on the Site; accordingly, you may from time to time excerpt and use materials set forth on this Site consistent with the principles of “fair use” under U.S. Copyright Law.
(b) The Forward is concerned about the integrity of the Site when it is viewed in a setting created by a third party that includes advertising or other materials that The Forward has not authorized to be displayed with the Content of the Site. Neither you nor any third party shall make use of the contents of the Site in any manner, including without limitation framing the Site or any portion thereof, that constitutes an infringement of The Forward’s rights, including, but not limited to, copyright, or that has not been authorized by The Forward.
5. THE FORWARD IS AN INTERNET SERVICE PROVIDER, i.e., THE FORWARD IS NOT RESPONSIBLE FOR AND DOES NOT NECESSARILY HOLD THE OPINIONS EXPRESSED BY ITS CONTENT CONTRIBUTORS:
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of The Forward. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute Content through the Site, The Forward is not undertaking any obligation or liability relating to the Content. The Forward and its affiliates, successors, assigns, employees, agents, directors, officers, board members and shareholders do not undertake or assume any duty to monitor the Site for inappropriate or unlawful Content. The Forward and its affiliates, successors, assigns, employees, agents, directors, officers, board members and shareholders assume no responsibility or liability which may arise from the Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Notwithstanding the foregoing, The Forward reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
6. YOU WILL BE RESPONSIBLE FOR ANY HARM THE FORWARD SUFFERS AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY BREACH BY YOU OF YOUR REPRESENTATIONS AND WARRANTIES:
You agree to indemnify and hold harmless The Forward and its affiliates, and their respective members, directors, officers, board members, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. The Forward reserves the right to take over the exclusive defense of any claim for which The Forward is entitled to indemnification under this Section 6. In such event, you shall provide The Forward with such cooperation as is reasonably requested by The Forward.
7. YOUR USE OF THE SITE IS SUBJECT TO CERTAIN DISCLAIMERS:
The Site is available “as is”. The Forward does not warrant that the Site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through the Site. The Forward makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Site or any information or goods that are mentioned, available, advertised or sold through the Site. The Forward makes no representations, nor does The Forward endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on the Site or available through links on the Site. The Forward reserves the right to correct any errors or omissions on the Site. Although The Forward intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Site, The Forward does not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain such destructive features. The Forward is not liable for any damages or harm attributable to such features. If you rely on the Site and any materials available on or through the Site, you do so solely at your own risk.
The Site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by The Forward or by third-parties. Due to the number of sources from which content on the Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment. Information created by third parties that you may access on the Site or through links is not adopted or endorsed by The Forward and remains the responsibility of such third parties.
8. THE FORWARD IS NOT RESPONSIBLE FOR LINKED SITES:
The Forward is not responsible for the availability or content of other services that may be linked to the Site. Because The Forward has no control over such services, you acknowledge and agree that The Forward is not responsible for the availability of such external services, and that The Forward does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that The Forward shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
9. THE FORWARD MAY BE LEGALLY COMPELLED TO DISCLOSE CERTAIN INFORMATION:
You agree that in the event The Forward receives a subpoena issued by a court or from a law enforcement or government agency, The Forward shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
10. THE FORWARD’S LIABILITY TO YOU IS LIMITED:
The Forward and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid to us, if any, for use of the Site.
11. MINIMUM AGE REQUIREMENT:
You must be 18 years of age or older to subscribe to any services provided on or through the Site.
12. YOU SHALL HAVE NO RIGHTS TO ANY PROPRIETARY SOFTWARE:
You shall have no rights to any proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site or any services on the Site. 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 such software.
13. CONTACTING THE FORWARD:
Except as specified in Section 3 of these Terms and Conditions, correspondence regarding Content on the Site should be sent to newsdesk@forward.com; correspondence regarding technical operation of the Site should be sent to webops@forward.com; and correspondence regarding commercial aspects of the Site, including inquiries about advertising on the Site, should be sent to business@forward.com.
14. ANY DISPUTE BETWEEN US WILL BE GOVERNED BY NEW YORK LAW:
These Terms and Conditions shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE THE SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions is for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Revised 12/22/2010.
