Welcome to The Huffington Post!
Please read the following terms; they govern your access and use of any content, sites, applications, services and updates via The Huffington Post mobile services ("The Huffington Post Mobile Service").
EACH TIME YOU ACCESS, USE OR POST CONTENT VIA THE HUFFINGTON POST MOBILE SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS, AS MAY BE UPDATED FROM TIME TO TIME BY US.
NOTE: If you do not agree to these terms, you may not access, use or post content on The Huffington Post, and you may not download any of our applications.
We provide The Huffington Post Mobile Service "AS IS." We use the term "we" or "us" to mean TheHuffingtonPost.com, Inc., its parent and affiliates ("we" or "us"). We use the term to mean the user of The Huffington Post Service.
1. About these terms. The Huffington Post Terms and Conditions located at www.huffingtonpost.com/terms.html and the supplemented by the terms below serve as one agreement between you and us ("Terms" or "Agreement"). We may post additional terms for certain features on The Huffington Post Mobile Service, which will supplement (but not replace) the terms of this Agreement.
2. Changes to this agreement. We may change the terms of this Agreement at any time. You agree that you assume the responsibility to review these terms periodically for changes. The Agreement will be posted at http://www.huffingtonpost.com/mobileweb/terms.html. If you continue to use The Huffington Post Mobile Service after we post changes to this Agreement, you signify your agreement to the new terms. If you disagree, do not use the service.
3. About the service. The Huffington Post Mobile Service is intended for adults, not minors. We may discontinue or change any feature on The Huffington Post Mobile Service at any time and without notice. You understand and agree that we may place advertising on The Huffington Post Mobile Service in consideration of your access and use of the service.
4. Registration. You may be required to register with us to use certain features on our Service. By registering, you signify that you are giving us true, complete and current information about yourself, that you will keep this information up-to-date, and that you are legally capable to enter into contracts. Registration for text messaging services will be subject to supplemental terms and instructions on how you can discontinue such text messaging services.
6. Log-in features. We may offer features that allow you to store your log-in credentials on your mobile device to give you automatic access to The Huffington Post Mobile Service. YOUR USE OF THE LOG IN FEATURE IS AT YOUR OWN RISK, especially if an unauthorized person obtains access to your mobile device. You can use the log-off feature on The Huffington Post Mobile Service to stop the log-on feature.
7. Mobile Features. You authorize us to communicate with you regarding The Huffington Post Mobile Service via SMS, MMS, text message or other electronic means to your wireless device. Information about your use of The Huffington Post Mobile Service may be communicated to us by third parties, including without limitation your wireless carrier. We may obtain information from your wireless carrier about the type of device you are using. We may use this information to help you access and use The Huffington Post Mobile Service, and to notify you concerning the service. Certain features may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information; however, we will not use that number for telemarketing. Some wireless carriers in the USA and other jurisdictions may be required to operate a system that will pinpoint the physical location of devices that use their service. Depending on the provider, we may automatically receive this information and you consent to any such disclosure.
If you elect to use certain location or pinpoint based services (such as, GPS assisted navigation instruction, wireless tower location, triangulation or other available location technologies), we must periodically receive your location in order to provide such location-based services to you. By using our location based services, you authorize us to: (a) locate your hardware; (b) record, compile and display your location; and (c) publish your location to third parties designated by you. We may also collect and store certain information about our users, such as, users' wireless mobile subscriber ISDN and/or IMEI numbers (as applicable) and users' network access identifier information.
8. Electronic transactions. You agree to these terms and any changes to these terms electronically. You consent to receive important information about The Huffington Post Mobile Service electronically, either by (a) e-mail (if you register with us), (b) by text messaging services (if you register for text messaging services with us) or (c) by posting such notice on the relevant web page or mobile page of the applicable service. You can withdraw consent by discontinuing your use of The Huffington Post Mobile Service. In the event you subscribe to any text messaging services from us, we will provide you with instructions on how you can opt out of receiving such text messages from us.
9. Access. You must provide at your own expense the equipment and wireless connections that you will need to use The Huffington Post Mobile Service. The service may not be available in all locations or through all wireless devices or wireless service plans. You are responsible for all fees charged by your wireless carrier when you access and use your mobile device.
10. Your responsibilities. You are responsible for:
You are solely responsible for the content you upload or otherwise provide (including any personal information you choose to submit or share using The Huffington Post Mobile Service, such as disclosing your home address and the home address of others) and the consequences of sharing or publishing such content with others and/or the general public. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION THAT OCCURS BETWEEN YOU AND ANY OTHER USER OF THE HUFFINGTON POST MOBILE SERVICE AND THAT THE ENTIRE RISK FALLS ON YOU. Once you have posted information about yourself or your family members, such as, the location where you live or work, it may be difficult to control the misuse of such information by others, which could compromise your own privacy. Therefore, consider if there is any information contained in your postings on The Huffington Post Mobile Service that you would rather be kept private.
You must notify your wireless carrier immediately if your mobile phone is lost or stolen. We cannot be responsible for what happens if your account information (such as stored Screen Names and passwords) becomes known to someone else.
11. Guidelines. You agree to abide by all guidelines when you use The Huffington Post Mobile Service, including our community guidelines located at http://www.huffingtonpost.com/p/frequently-asked-question.html#moderation. These guidelines are incorporated by reference and made a part of this Agreement. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms.
12. No Spam. You may not use any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages), or harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
13. Ownership rights. We, our suppliers, and our users who provide software for The Huffington Post Mobile Service ("Software") and who lawfully post text, messages, information, images, audio video and web pages on The Huffington Post Mobile Service ("Content") own the property rights to that Software and Content. The Software and Content are protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights.
14. License. Subject to your compliance with these terms, we give you a personal, limited, non-exclusive and non-transferable license to use The Huffington Post Mobile Service as stated in The Huffington Post Terms and Conditions.
15. Restrictions. You may not use The Huffington Post Mobile Service, including any Content, Software or service in a manner that exceeds the rights granted under this Agreement. You may not use any data mining, robots, or similar data gathering and extraction tools to reproduce, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute any component of The Huffington Post Mobile Service without our prior written consent. You may not circumvent any mechanisms to gain unauthorized access to The Huffington Post Mobile Service.
16. Updates. We may automatically check your version of any Software you downloaded from us and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
17. Software Restrictions. Any Software provided by us is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein. You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority ("Export Laws"), and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.
18. Content that you submit. You may only transmit or post Content on The Huffington Post Mobile Service that you created or that you have permission to use and that comply with The Huffington Post Terms and Conditions. You give us the right to use any Content you submit via The Huffington Post Mobile Service as provided in The Huffington Post Terms and Conditions.
19. Procedures for making Copyright infringement claims. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on The Huffington Post Mobile Service in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.
20. Fees. We do not charge users for access and use of The Huffington Post Mobile Service. Any premium applications that we offer for purchase will be subject to additional terms, which you agree will apply to you if you sign up for such services.
21. Disclaimer of warranties. We provide The Huffington Post Mobile Service "as is", "with all faults" and "as available." We, our suppliers and distributors make no express warranties or guarantees about The Huffington Post Mobile Service. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE HUFFINGTON POST MOBILE SERVICE, SOFTWARE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, OR WILL MEET YOUR REQUIREMENTS.
22. Limitation of liability. WE, OUR PARENT, OUR SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE HUFFINGTON POST MOBILE SERVICE. IN NO EVENT SHALL OUR LIABILITY TO YOU, OR THE LIABILITY OF OUR PARENT, OUR SUPPLIERS AND DISTRIBUTORS, EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE (IF ANY).
IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF SPECIAL DAMAGES, YOU AGREE THAT THE LIABILITY OF OUR PARENT, SUPPLIERS AND DISTRIBUTORS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW UNDER THIS AGREEMENT.
23. Indemnification. At our request, you will defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of The Huffington Post Mobile Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter, in which event you will cooperate with us in asserting any available defenses.
24. International use. You are solely responsible to comply with all local laws when you access and use The Huffington Post Mobile Service. You may not access the service where prohibited by law.
25. Resolving claims in New York. The laws of New York, U.S.A. govern this Agreement and any claim or dispute that you may have against us. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute or claim that you may have against us must be resolved by a court located in New York City, New York, U.S.A., and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
BY AGREEING TO THESE TERMS, YOU RREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, A STATE OR FEDERAL COURTS IN NEW YORK CITY, NEW YORK, AND YOU WAIVE ANY RIGHT TO RESOLVE SUCH DISPUTES IN ANOTHER JURISDICTION.
26. General Terms. These Terms constitute the entire agreement between you and us and supersede all previous written or oral agreements. If a court holds that we cannot enforce a term as written in this Agreement, you agree that the portion in question will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. The rest of the agreement will remain in force and effect. We may assign this agreement at any time without notice to you. You may not assign this agreement.
Last updated: 27 June 2011