THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
SECTION 16 CONTAINS AN IMPORTANT NOTE TO NEW JERSEY CONSUMERS.
These Terms govern your use of the interactive websites, mobile and connected applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, sweepstakes and contests (collectively, the “Services”) operated by Ziff Davis, LLC and its subsidiaries (collectively “Ziff Davis” “we” “us” or “our”). Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to collectively as the “Agreement.”
These Terms cover the following Ziff Davis websites and mobile applications:
We reserve the right, in our discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon notice published on this page. Your use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Ziff Davis as permitted above. Please be sure to review the Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of the Agreement are no longer acceptable to you, you should immediately cease all use of the Services. It is your responsibility to refer to the Agreement upon accessing the Services.
COPPA: The Services are directed to teenagers and adults and are not directed to children under the age of 13. You must be 13 years of age or older to use the Services outside of the European Union and European Economic Area, and 16 years of age or older in the European Union and European Economic Area. Ziff Davis complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 13. By registering for any Services, you represent and warrant that you are 13 years of age or older or, if you reside in the European Union or European Economic Area, 16 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Services (“Member”). Creating a Member account if you are under the age of 13 outside of the European Union and European Economic Area or 16 in the European Union and European Economic Area, under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Services, and such accounts will be deleted by Ziff Davis.
As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, violates or infringes on the trademark or proprietary rights of a third party, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity.
For Health eCareers Services: You agree that you may not share passwords, login information, or other named user identification or otherwise allow multiple offices or users to access the Health eCareers Services beyond the scope of the original subscription. If you are a job seeker on the Health eCareers Services who has reason to believe that your account is no longer secure, you must promptly change your password by updating your account information from the My Account section of the Health eCareers Services and immediately notifying us of the problem via email addressed to [email protected]. If you are a Health eCareers Services prospective employer who has reason to believe that your account is no longer secure, you must promptly contact Customer Support via email addressed to [email protected].
For Toolbox.com Services: When using particular Toolbox.com Services, you shall be subject to any posted guidelines or rules applicable to such Services, including but not limited to the Toolbox Groups Moderation Policies. All such guidelines or rules are hereby incorporated by reference into these Terms. Ziff Davis currently provides Toolbox.com users with access to a variety of Services, including but not limited to, communications tools, email-based discussion groups, online discussion groups, job center, source code, documents, Communities, Blogs, Wiki, Company Research Directory, and Professional Networking features. Unless explicitly stated otherwise, any new features or services shall be subject to the Agreement. In order to use certain Services, you will be required to register with Toolbox.com.
For IGN Services: When using IGN Services, you shall be subject to any posted guidelines or rules applicable to such Services, including but not limited to the Comment Culture and Moderation and Community How To’s and FAQ’s policies which can be found under IGN Community Central. All such guidelines or rules are hereby incorporated by reference into these Terms. Ziff Davis currently provides IGN users with access to a variety of Services, including but not limited to, community boards, user pages, wikis, and blogs. Unless explicitly stated otherwise, any new features or services shall be subject to the Agreement. In order to use certain Services, you will be required to register with IGN.
For the IGN Loops Feature: The following terms apply to your use of the Loops feature offered on IGN.com and its subdomains (“Loops”).
(a) Ziff Davis hereby grants you a limited, non-exclusive, non-transferable, revocable license to use IGN-created and owned content solely in connection with Loops, which enables you to select a custom “loop” of video footage on IGN videos and to share such “loops” with others via a URL provided by us. By using Loops, you agree that you are using the IGN content for your own personal, non-commercial use. Any text or other content posted by you in connection with Loops must not: (a) be libelous, defamatory, threatening, harassing, hateful, or offensive; (b) may not violate or infringe any third party right, including, but not limited to, any copyright, trademark, right of privacy or publicity, or other personal or proprietary rights; or (c) violate any applicable laws, rules or regulations.
(b) Except as expressly permitted by Ziff Davis or by the owner of the copyright or other such proprietary right, the license granted herein to IGN-created content does not include content or trademarks owned by third parties (including third party content or trademarks incorporated into IGN-created content). By using Loops, you are solely responsible for determining whether your use of Loops complies with applicable laws, including copyright laws, and you accept all risk of liability associated with your use of Loops and any third party claims that may result from your use. You agree to indemnify, defend and hold harmless Ziff Davis from and against any and all liability whatsoever (including attorney’s fees and costs) arising from or related to your use of Loops, including, but not limited to, claims arising from your use of Loops in connection with third party content.
Any use of Loops in violation of the limitations described above is strictly prohibited and may result in immediate termination or revocation of your access to Loops and/or other portions of the Service, and may subject you to legal liability.
For Premium Services: Certain Services provided by Ziff Davis, including but not limited to the IGN Prime Service (the “IGN Premium Service”) and paid PC Magazine subscriptions (the “PC Mag Premium Service”), require registration and payment (such Services are referred to collectively as the “Premium Services”). Please note that the PC Mag Premium Service, including all billing, invoices and renewals, is managed by Ziff Davis’ third party vendor, Palm Coast Data.
(a) Customer Service. For questions about your IGN Premium Service subscription, please visit the IGN FAQs accessible through the IGN Support Center. All questions that cannot be answered via the FAQ page should be sent using the IGN Support Online Form, available through the IGN Support Center. Please include your name and username in all correspondence. For questions about your PC Mag Premium Service, please visit the PC Magazine Digital Edition Customer Service Page and log into your account.
(b) Payment Obligation and Credit Card Authorization. You are responsible for paying any and all charges relating to your Premium Services account, including without limitation, periodic subscription fees (the initial fee and automatic renewals). You grant to Ziff Davis’ third party payment processor(s) permission to charge your credit card (or other approved payment mechanism) to pay for all such charges. The Premium Service subscription fee will be billed at the beginning of your subscription and on each annual, quarterly or monthly renewal thereafter, dependent on the original subscription term selected at registration, unless you cancel at least ten (10) days prior to the renewal date pursuant to the process set forth below.
For the IGN Premium Service, payment must be made by Visa, MasterCard or American Express or PayPal. For the PC Mag Premium Service, payment must be made by Visa, MasterCard, American Express or Discover. If Ziff Davis does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Premium Services, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT ZIFF DAVIS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
ZIFF DAVIS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND/OR BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY ZIFF DAVIS, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING ON THE APPLICABLE ZIFF DAVIS SERVICES. ZIFF DAVIS MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR IGN PREMIUM SERVICE SUBSCRIPTION BY VISITING THE IGN SUPPORT CENTER, OR YOUR PC MAG PREMIUM SERVICE SUBSCRIPTION BY VISITING THE PC MAGAZINE DIGITAL EDITION CUSTOMER SERVICE PAGE. YOUR CONTINUED USE OF THE PREMIUM SERVICES FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. ZIFF DAVIS IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL YOUR SUBSCRIPTION EITHER IN WRITING BY EMAIL OR LETTER OR THROUGH THE WEBSITE. YOU AGREE AND ACKNOWLEDGE THAT ZIFF DAVIS SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT YOU HAVE NOT SUBMITTED TO US AS DESCRIBED IN THESE TERMS WITHIN 60 DAYS OF SUCH OCCURRENCE OR LACK THEREOF.
(c) Renewal and Cancellation of Your Subscription. You grant to Ziff Davis’ third party payment processor(s) permission to automatically renew your subscription and charge your account up to seven (7) days prior to the day on which your subscription is scheduled to end. You acknowledge and agree that the authorization to charge your credit card or other payment mechanism for the Premium Services shall automatically transfer to any successors or assigns of the Premium Services for substantially similar services at the same property. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to subscribe for Premium Services.
(i) Cancellation of IGN Premium Service. For the IGN Premium Service, you may “opt out” of this automatic renewal by visiting the IGN Support Center and canceling on your own or by using our online form to notify Ziff Davis. Ziff Davis will cancel your account upon receipt of such notification from you. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable, except in cases of demonstrated fraud, which will be determined at Ziff Davis’ sole discretion. You acknowledge that canceling your subscription for any reason will not immediately terminate access to the IGN Premium Service and Ziff Davis will not refund the remaining portion of your subscription. Your subscription will remain open until the paid period expires.
(ii) Cancellation of PC Mag Premium Service. For PC Magazine paid subscriptions, you may disable automatic renewal and update other settings related to your account by going to the PC Magazine Digital Edition Customer Service Page and logging into your account, emailing pcmagdigitalcustomerservice.com, or by calling 1-800-289-0429. Your account will be cancelled upon receipt by Ziff Davis’ third party vendor of such notification from you via the Customer Service Page. Upon cancellation of your subscription, you will receive a full refund on all unsent issues.
(d) Termination of Your Subscription. You acknowledge that Ziff Davis, in its sole discretion, may terminate your user ID, password, account (or any part thereof) or use of the Premium Services for a variety of reasons, including, without limitation, if Ziff Davis believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Ziff Davis may also, in its sole discretion, at any time discontinue providing the Premium Services, or any part thereof, with or without notice. You agree that any termination of your access to the Premium Services under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that Ziff Davis may immediately deactivate or delete your account and/or bar any further access to the Premium Services. If your account is terminated by Ziff Davis, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that Ziff Davis shall not be liable to you or any third-party for termination of your access to the Premium Services. YOU AGREE AND ACKNOWLEDGE THAT ZIFF DAVIS SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST SIXTY (60) DAYS OF SUCH OCCURRENCE.
(e) Trial Memberships. Ziff Davis may occasionally offer promotional trial memberships to its IGN Premium Service at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the IGN Premium Service at the end of the trial period, unless you cancel at least twenty-four (24) hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the IGN Premium Service at the standard IGN Premium Service rate and renewal term thereafter, dependent on the original subscription term selected at registration, until you cancel. For information about canceling your IGN Premium Service subscription, visit the IGN Support Center.
(f) Subscriber Information. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Premium Services registration process. You must promptly inform Ziff Davis of any of the following: changes in the expiration date of any credit card used in connection with the Premium Services; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. You agree to notify Ziff Davis immediately upon learning of any potential breach of your Premium Services account.
(g) Use Restrictions. The material and content on the Premium Services is for the private, non-commercial enjoyment of Premium Services Members only. Any other use is strictly prohibited. Ziff Davis spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the Premium Services, without express written permission from Ziff Davis. You agree that if you do so, Ziff Davis reserves the right to cancel your subscription to the Premium Services immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
You acknowledge that the Services contain information, software, articles, reviews, content, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, applications and software and other material (collectively, the “Content”) that are protected by copyright, trademark and/or other proprietary rights of Ziff Davis or third parties. All Content on the Services is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Users of the Services may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members, and are not permitted to use the Services for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Services or users on the Services. Please refer to our Linking Policy for more information on linking and use of Content.
Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to scrape, extract, retrieve or index any portion of the Services. Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
You may only post on the Services content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Ziff Davis and its affiliates, successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), including, but not limited to, as part of the Services or in support of the Services through advertising or marketing, on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense (the “License”), without payment or compensation to you and without seeking further permission from you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including but not limited to any copyright or moral right). You agree that you are solely responsible for the Material that you post on the Services or transmit to others and agree that you will not hold Company responsible or liable for any materials or content you access or receive from other users of the Services.
You may download, copy and make any personal, non-commercial use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to the Licensee (as defined above) a non-exclusive, worldwide, perpetual, royalty-free, fully transferrable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
For questions regarding use of Content please email [email protected]
Ziff Davis has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Services, you may not:
Health eCareers Material: The Health eCareers Services allow for the posting by employers, recruiters and staffing agencies of available job opportunities at their companies or companies they represent and by candidates of their own resumes. Ziff Davis is under no obligation to evaluate or censor the resumes, job listings or other information posted to the Health eCareers Services. Moreover, Ziff Davis is not involved in the actual transaction, if any, between potential employers and candidates. Consequently, we have no control over the quality, safety or legality of the job listings or resumes posted to the Services, the truth or accuracy of such job listings or resumes, the ability of employers to hire candidates, or the ability of the candidates to fill job openings. As a representative of your company in connection with your use of the Health eCareers Services, you represent and warrant to Ziff Davis that you are authorized to do so.
When you post Material on the Health eCareers Services, you are solely responsible for the form, content and accuracy of any resume, job listing and/or other Material that you post. Ziff Davis makes no representations, warranties or guarantees concerning the Health eCareers Services, including, but not limited to, representations that a resume or job posting will be viewed by any specific number of users, or that a resume or job posting will be viewed by any user. Ziff Davis is not to be considered an employer with respect to your use of the Health eCareers Services, and Ziff Davis shall not be responsible for any employment decisions made by any person or entity posting job listings, resumes or other Material to the Health eCareers Services. Ziff Davis assumes no responsibility or liability for any personnel selected by your company through the Health eCareers Services, and selection, retention or hire of any individual or entity is based solely on your or your company’s investigation, verification and determination that such hire is suitable for the role and for the company’s purposes.
The following additional restrictions apply to Material posted by you on the Health eCareers Services. You shall not do any of the following without the prior written authorization of Ziff Davis:
The above is not a complete list of illegal and/or prohibited uses of the Service.
Use of the Services is subject to existing laws and legal process. Nothing contained in the Agreement shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
Despite our rights outlined herein, you shall remain solely responsible for all Material you post. Ziff Davis has no obligation evaluate, to pre-screen and/or monitor the Material you post, however Ziff Davis reserves the right to edit or remove any Content or Material on the Services, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property or safety of Ziff Davis, its users and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.
Ziff Davis has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
You agree that Ziff Davis will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services.
THIS MEANS ZIFF DAVIS MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
Ziff Davis does not represent or endorse the accuracy or reliability of any Content or other material posted on any interactive area or elsewhere on the Services and you acknowledge that any reliance upon such Content or other material shall be at your sole risk. Any Content or other material placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Ziff Davis.
Typically, we do not directly sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication and are subject to change. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
Please note that we may allow certain manufacturers to license, use and/or reprint a Ziff Davis trademark, logo, or a review in whole or in part, in its own marketing materials and advertisements in exchange for a license fee.
You agree to indemnify, defend and hold Ziff Davis and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Ziff Davis Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any Ziff Davis Party in connection with:
Ziff Davis reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Ziff Davis’ defense of such claim
A notification of claimed infringement must include the following:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
(b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Services (including any additional identifying information such as URLs and post numbers to assist us in identifying the allegedly infringing material);
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
If materials you have posted on the Services have been removed due to alleged infringement of a third party’s intellectual property rights, Ziff Davis will notify you. If you believe your materials have been wrongly removed, you may file a counter-notification containing the following:
(a) an electronic or physical signature of the person authorized to act on your behalf;
(b) a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
(c) a written statement by you that 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; and
(d) your address, telephone number, and email address; and
(e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
Upon Ziff Davis’ receipt of such counter-notice, Ziff Davis will provide the complainant with your contact information so that you have the ability to resolve the issue. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options. If the matter has been resolved or the complainant does not seek a court order within the statutory time period, we generally will re-post the material.
Ziff Davis reserves the right to remove any materials or content alleged to be infringing without prior notice, at Ziff Davis’ sole discretion, and without liability to you.
In appropriate circumstances, Ziff Davis will also terminate your account if you are determined to be a repeat infringer.
Any person who knowingly misrepresents that material is infringing or that material was removed or disabled by mistake or misidentification may be subject to liability.
The Services and the Content are distributed on an “as is, as available” basis. None of Ziff Davis, third party vendors or content providers or their respective agents makes any 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, with respect to the Services, any Content or any products or services sold through the Services. Neither Ziff Davis nor any third party content provider warrants that any files available for downloading through the Services will be free of viruses or similar contamination or destructive features. Neither Ziff Davis nor any third party content provider warrants that any of the goods or services linked to or advertised in the Services comply with data protection or other relevant legislation and Ziff Davis accepts no liability whatsoever for any claim arising from such goods or services.
You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you and Ziff Davis cannot guarantee the continued availability of any particular component of the Services. You specifically acknowledge that Ziff Davis is not responsible or liable for any unauthorized access to or alteration of your materials, data or other transmissions entered into through the Services or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights.
ZIFF DAVIS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. ZIFF DAVIS, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ZIFF DAVIS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF ZIFF DAVIS SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST ZIFF DAVIS, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOU RELEASE ZIFF DAVIS FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD ZIFF DAVIS HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
Some jurisdictions do not allow exclusion of implied warranties or certain limitations of liability, including for incidental or consequential damages, punitive or exemplary damages, bodily or moral (reputational) damages, gross negligence, death or personal injury caused by negligence, personal injury or loss of or damage to property caused by defective products, fraud and/or fraudulent misrepresentation, or recklessness, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Ziff Davis, third party content providers and their respective agents shall be limited to the greatest extent permitted by applicable law.
You are solely responsible for your interactions with other Members of the Services. Ziff Davis reserves the right, but has no obligation, to monitor disputes between you and other Members and to take action (e.g., account deletion or removal of content posted by a user) if Ziff Davis determines that there has been a violation of the Agreement or if such action is otherwise necessary or desirable, in its sole discretion.
We make no claims that any Material, Services or any Content is appropriate or may be downloaded outside of the United States or outside the country where such Material, Services or any Content was produced. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services or Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all local rules regarding user conduct on the Internet and acceptable content; and (ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.
Ziff Davis does not accept unsolicited ideas of any kind, including ideas for: advertising; promotions; new products, technologies, processes, or materials; marketing plans; or product names. Please do not send us any such ideas or materials relating to such ideas. This is to avoid any potential misunderstanding or dispute should our products or marketing strategies seem similar to unsolicited ideas submitted to us. If, despite this request, you do send us any unsolicited ideas or materials, we make no assurances that such ideas or materials will be treated as confidential or proprietary.
ARBITRATION NOTICE: Unless you opt out in accordance with this Section, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before a single arbitrator. The arbitration shall be administered JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this Section entitled “Binding Arbitration” shall be null and void.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
You may opt out of this agreement to arbitrate. If you opt out in accordance with this Section, neither you nor Ziff Davis can require the other to participate in an arbitration proceeding. To opt out, you must notify Ziff Davis in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out:Ziff Davis, LLC
You must include your name and residence address, the email address, if any, you use for your respective Ziff Davis account, and a clear statement that you want to opt out of this arbitration agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may be required by international, state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. Subject to the arbitration provision above and for all purposes of this Agreement, this Agreement shall be construed in accordance with the laws of the State of New York, without reference to principles of choice of law. You and Ziff Davis each irrevocably consent to the personal jurisdiction of the federal or state courts located in New York, New York, the Borough of Manhattan (the “Courts”) with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in Sections 6 (insofar as any claims may arise from, or relate to, consumer protection or fraud and/or misrepresentation, or result in attorney’s fees), 9 and 14 do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence. Subject to the foregoing, Ziff Davis, third party content providers, and their respective agents reserve all rights, defenses, and permissible limitations under New Jersey law. Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial in Section 13.
Nothing in these Terms (including in Sections 6, 9 and 14) limits, excludes or modifies any rights you may have under any law, including under the Australian Consumer Law (the “ACL”) and consumer guarantees under the ACL, which may not be limited, excluded or modified by agreement (including where such exclusion, restriction or modification would be illegal or void under such law).