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TERMS OF SERVICE

Last updated on September 1st, 2021

This 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 Company and certain of its subsidiaries ("NYT", “us” or
“we”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY NYT PRODUCTS OR SERVICES, AS
THESE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A CLASS ACTION WAIVER. SEE
SECTION 11 BELOW FOR MORE INFORMATION.

For information on how NYT collects, uses and shares any personal information,
please see our 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 under the laws of your
jurisdiction.

Table of Contents

 1.  GENERAL RULES AND DEFINITIONS
 2.  CONTENT ON THE SERVICES
 3.  USER-GENERATED CONTENT: SUBMISSIONS, INCLUDING COMMENTS AND MORE
 4.  PROHIBITED USE OF THE SERVICES
 5.  REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES
 6.  REGISTRATION AND SECURITY
 7.  FEES AND PAYMENTS
 8.  THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES
 9.  SOFTWARE LICENSES
 10. TERMINATION
 11. GOVERNING LAW; JURISDICTION; WAIVER OF CLASS ACTIONS.
 12. MISCELLANEOUS
 13. SPECIAL TERMS: BETA TESTING

1. GENERAL RULES AND DEFINITIONS

1.1 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, and any of the features of the
Site, including but not limited to RSS feeds, APIs, and Software (as defined
below) 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 NYT.

1.2 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 shall become effective
immediately upon posting. It is your responsibility to review these Terms of
Service prior to each use of the Site.

1.3 IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE
CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY (i) CANCEL YOUR ACCOUNT (SEE SECTION
10.1 REGARDING TERMINATION OF SERVICE) AND/OR (ii) 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.

1.4 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.

1.5 Being exposed to advertising is a condition of accessing the Services.

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2. CONTENT ON THE SERVICES

2.1 The contents of the Services, including the Site, are intended for your
personal, noncommercial 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.

2.2 The Services and Content are protected by copyrights, trademarks, patents,
trade secrets, database rights, sui generis rights and other intellectual or
proprietary rights therein 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.

2.3 You may download or copy the Content and other downloadable items displayed
on the Services for your personal use only, provided that you maintain all
copyright and other notices contained therein. 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, or the
copyright holder identified in the copyright notice contained in the Content.

2.4 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 thereof, or for
any damages arising therefrom.

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3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND
MORE

3.1 If you upload, post or submit any content on the Service, 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 on 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 on 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
onto, the Services any content.

Be 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."

Use 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.

Debate, 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.

3.2 The Services shall be used only in a noncommercial manner. You shall 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.

3.3 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 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.

3.4 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 hereinafter developed, 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.

3.5 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.

3.6 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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4. PROHIBITED USE OF THE SERVICES

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 or in violation of our or any third party’s
intellectual property or other proprietary or legal rights. You further agree
that you shall 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 thereof, or make any unauthorized use thereof. Without
NYT’s prior written consent, you shall not:

(i) 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;

(ii) 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 access or collect the Content, data
or information from the Services using automated means;

(iii) use services, software or any manual or automatic device, tool, or process
designed to circumvent any restriction, condition, or technological measure that
controls access to the Services in any way, including overriding any security
feature or bypassing or circumventing any access controls or use limits of the
Services;

(iv) cache or archive the Content (except for a public search engine’s use of
spiders for creating search indices);

(v) take action that imposes an unreasonable or disproportionately large load on
our network or infrastructure; and

(vi) do anything that could disable, damage or change the functioning or
appearance of the Services, including the presentation of advertising.

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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5. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES

5.1 You represent, warrant and covenant (a) that no materials of any kind
submitted through your account will (i) violate, plagiarize, or infringe upon
the rights of any third party, including copyright, trademark, privacy or other
personal or proprietary rights; or (ii) contain libelous or otherwise unlawful
material; (b) that you are at least thirteen years old if you are in the USA and
the UK, and sixteen years old anywhere else; and (c) 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: (i) any breach by you or any user of
your account of these Terms of Service or the foregoing representations,
warranties and covenants; or (ii) your gross negligence or willful misconduct.
You shall 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.

5.2 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 shall 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 SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS
OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE SITE SHALL
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.

5.3 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, OR LOST GOODWILL (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.

--------------------------------------------------------------------------------

6. REGISTRATION AND SECURITY

6.1 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.

Each 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 (i) select or use the login credentials of another person with
the intent to impersonate that person; (ii) use login credentials in which
another person has rights without such person's authorization; or (iii) use
login credentials that we, in our sole discretion, deem offensive. Failure to
comply with the foregoing shall constitute a breach of these Terms of Service,
which may result in immediate suspense or termination of your account.

You 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.

6.2 Please notify help@nytimes.com 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.

6.3 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.

6.4 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 may be
grounds for termination of your account, at our sole discretion, and we may
refer you to appropriate law-enforcement agencies.

6.5 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). 

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7. FEES AND PAYMENTS

7.1. 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 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. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.

8.1 The Services contain links to third-party websites, 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.

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9. SOFTWARE LICENSES

9.1 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 NYT, 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.

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10. TERMINATION; SURVIVAL

10.1 You may terminate your account at any time by calling Customer Care at
866-273-3612 (please see our international contact information if you are
outside the U.S.) or chatting with Customer Care here. Termination of paid
digital products will be governed by our Cancellation and Refund Policy for
Digital Products.

10.2 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.

10.3 The provisions of these Terms of Service shall survive the termination of
your account or access to all or part of the Services. 

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11. GOVERNING LAW; JURISDICTION; WAIVER OF CLASS ACTIONS.

11.1 These Terms of Service have been made and shall 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 therein without regard to their conflict
of law provisions and the United Nations Conventions on Contracts (if
applicable).

11.2 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. Any claim by you that may
arise in connection with these Terms of Service will be compensable by monetary
damages and you will in no event be entitled to injunctive or other equitable
relief. 

11.3 WAIVER OF CLASS ACTIONS. YOU AND NYT AGREE THAT EACH PARTY MAY BRING
DISPUTES 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. However,
nothing in this paragraph 11.3 limits your right or NYT’s right to bring a
lawsuit against each other as an individual plaintiff.

 

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12. MISCELLANEOUS

12.1 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.

12.2 Nothing in these Terms of Service will serve to preempt the promises made
in our Privacy Policy.

12.3 Correspondence should be sent to help@nytimes.com.

12.4 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. (Please direct all general questions to
help@nytimes.com.)

12.5 Our failure to enforce any provision of these Terms of Service or to
respond to a breach by you or other parties shall 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.

12.6 If a provision of these Terms of Service is held invalid or unenforceable
for any reason, that provision shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the intention of the parties,
and the remaining provision will not be affected and remain in full force and
effect.

 12.7 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:

 1. a physical or electronic signature of the person authorized to act on behalf
    of the owner of an exclusive copyright that is allegedly infringed;
    
 2. a description of the copyrighted work that you claim has been infringed;
 3. a description of where the material that you claim is infringing is located
    on the Site
 4. your address, telephone number, and email address and all other information
    reasonably sufficient to permit us to contact you;
 5. 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;
 6. 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.

If you believe that any content or materials you uploaded, posted, or submitted
to the NYT Service, that were subsequently removed from the NYT Service, or to
which access was disabled, improperly removed or disabled, please provide the
following Counter-Notification to NYT's Copyright Agent (see 17 U.S.C. § 512(g)
for further detail):


- your physical or electronic signature.
- a description of the materials that have been removed or to which access has
been disabled and the location at which the material appeared before it was
removed or access to it was disabled.
- a statement under penalty of perjury that you have a good faith belief that
the material was removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled.
- your name, address and telephone number, and a statement that you consent to
the jurisdiction of the Federal District Court for the judicial district in
which the address is located, and that you will accept service of process from
the person who provided notification of the alleged infringement.



Notices of claimed copyright infringement should be directed to:

By mail:

The New York Times Company
620 Eighth Avenue
New York, NY 10018

Attention: Copyright Agent
212-556-1234

By email: copyrights@nytimes.com

12.8 If you are a California resident, under California Civil Code Section
1789.3, you may contact us via chat 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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13. SPECIAL TERMS: BETA TESTING

NYT 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.

You further agree that the Beta Test Services and any materials therein,
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: (i) not copy or reproduce the Pre-Release Materials, (ii)
safeguard the Pre-Release Materials and prevent unauthorized access to,
reproduction of, disclosure of and/or unauthorized use of, the Pre-Release
Materials, and (iii) if applicable, fully comply with the terms and conditions
of the confidentiality agreement.

You agree that breach of the above obligations will cause irreparable harm to
NYT, and NYT is entitled to (in addition to any other remedies available to it)
injunctive or other equitable relief to prevent the breach or threatened breach
of your obligations. Your obligation to keep the Pre-Release Materials
confidential will continue until NYT publicly distributes or has otherwise
disclosed to the public through no fault of yours, the Pre-Release Materials
that you are testing.

Upon request, you agree to immediately delete all copies of the Pre-Release
Material which NYT provided to you.

You are invited to use Beta Test Services for the sole purpose of evaluating the
Beta Test Services and assisting NYT in identifying errors. Nothing in these
Special Terms or these Terms shall be construed as granting you any rights or
privileges of any kind with respect to the Beta Test Services or other content.
The Beta Test Services are provided on an “as is” and “as available” basis and
NYT makes no warranty to you of any kind, express or implied.

By using the Beta Test Services, you agree that: (iv) participating in Beta Test
Services is at your own risk and you know that the Beta Test Services may
include known or unknown bugs, (v) any status indicators or preferences saved
within Beta Test Services may be erased at any time, (vi) NYT has no obligation
to make these Beta Test Services available with or without charge for any period
of time, nor to make them available at all, (vii) these Terms also apply to your
use of the Beta Test Services, (viii) if requested, you will keep all
information about the Beta Test Services confidential as stated above, (ix) any
Feedback you provide will become the property of NYT without any right to
compensation or other obligation from NYT, (x) NYT may (or may not) use or
otherwise exploit all or part of your Feedback or any derivative thereof in any
manner or media now known without any further remuneration, compensation or
credit to you, (xi) your participation to the Beta Test Services is on a purely
voluntary basis and in consideration of the opportunity to assist NYT with the
Beta Test Services, and (xii) nothing in these Special Terms or your
participation in the Beta Test Services creates any employment relationship
between you and NYT.

In case of conflict between these Special Terms and the rest of the Terms, these
Special Terms shall prevail.

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