Terms & Conditions
This Site is owned by America Daily Media Inc and/or its affiliates (collectively, “AD”) and operated on AD’s behalf. All of the content elements displayed and/or downloadable on this Site, including photographs, graphics, images, text, audio-visual material, data and information (collectively, the “Content”), and all of the features of this Site, including this Site’s designs, software code, and the products or services obtained from this Site (together with the Content, collectively, the “Site Elements”) are the exclusive property of AD or its licensors. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws. All right, title and interest in and to such Site Elements shall remain the exclusive property of AD and/or its licensors. No Site Elements may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted in the license terms to which You have agreed. For the protection of AD and its licensors, Content may use electronic measures to protect against unauthorized use. You agree not to, nor attempt to, disable or interfere with any such measures.
Site Access and Accounts
If You elect to register for an account on this Site, You will be required to submit certain information. In furnishing such information, You hereby represent and warrant that such information is complete and accurate. If You are registering on behalf of a Principal, You shall identify such Principal in Your registration application. Additionally, You hereby represent and warrant that You are authorized to provide such information and to register on such Principal’s behalf. Minors and children (persons under the age of 18) are not eligible to use this Site or register for an account or submit any personal information. By using this Site, You warrant that You are 18 years of age or older. AD reserves sole discretion over whether to grant an account, and You agree to access the authorized sections of this Site and Your account only by using the user credentials supplied to You directly by AD. You are solely responsible for (i) maintaining the confidentiality of your account credentials (usernames, passwords, etc.) for the Site, and (ii) all activities occurring under Your accounts, usernames, or passwords. You shall notify AD of any unauthorized access or need to update or remove access for any of Your employees or agents. If You become aware of any suspicious or unauthorized conduct concerning an account, You shall contact AD immediately. You shall be liable for payment for all Content downloaded using Your account, with or without Your permission or knowledge prior to the time that You notify AD of any unauthorized use.
If you wish to purchase any product or service made available through this Site, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
Some parts of this Site are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or AD cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting AD customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide AD with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize AD to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, AD will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
AD may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by AD until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, AD reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
AD, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
AD will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Certain refund requests for Subscriptions may be considered by AD on a case-by-case basis and granted in sole discretion of AD.
Payments made to AD prior to an Account termination are nonrefundable.
An Account terminated due to noncompliance with any AD policies is not eligible for a refund.
Refunds will not be given for the time remaining in a billing cycle that is unused.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site’s systems or networks, or any systems or networks connected to this Site. This includes but is not limited to use of this Site in a way that requires unreasonable commercial efforts on Service’s part or creates a burden with regard to network, support, technical or staffing resources.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
If it is determined that your use of this Site is unwarranted, or used in a way contrary to the designs of this Site we may at any time suspend or terminate your account, or inact changes to the billing structure associated with your account.
You may not use this Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of AD or others.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on this Site. We may experience delays in updating information on this Site and in our advertising on other web sites. The information found on this Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on this Site and we cannot guarantee the accuracy or completeness of any information found on this Site.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
In the course of using this Site and/or in speaking with AD representatives, You may receive certain pricing, technical, marketing or other confidential information. “Confidential information” includes any information that is either designated as confidential by AD or that, under the circumstances surrounding its disclosure, a reasonable person would conclude is confidential. You acknowledge that such confidential information constitutes valuable trade secrets of AD and is proprietary to AD. You agree that You will maintain the confidentiality of all such confidential information and that You shall not use or disclose such confidential information without the prior written consent of AD.
Disclaimers and Limitations on Liability
THE SITE AND THE SITE ELEMENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER AD PLICABLE LAW, AD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SITE ELEMENTS AND ANY OTHER PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (2) OF NON-INFRINGEMENT AND TITLE; (3) THAT ANY USE OF THE SITE WILL BE FREE FROM ANY INTERRUPTIONS, DELAYS, INACCURACIES, SERVER DOWN-TIME, ERRORS OR OMISSIONS; (4) THAT THE SITE WILL BE SECURE, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; (5) THAT THE SITE AND/OR THE SITE ELEMENTS WILL SATISFY YOUR REQUIREMENTS OR EXPECTATIONS; AND (6) THAT INFORMATION, DATA OR MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE. UNDER NO CIRCUMSTANCES SHALL AD OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SITE ELEMENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIRS ARISING FROM USE OF THE SITE. Your access to this Site or any Site Element is done at Your own risk. You shall be solely responsible for any damage to Your computer systems or loss of data that results from the accessing of any Site Elements. AD shall not be responsible or liable for any damage caused by theft, unauthorized access to Your account, systems failure, communications line failure or other occurrences beyond the control of AD. Although AD endeavors to ensure the accuracy, completeness and reliability of the Content, AD disclaims all representations and warranties concerning the accuracy, completeness and/or reliability of the Content or any data or metadata appurtenant thereof. You assume all risk and responsibility relying on such information. AD also disclaims any responsibility for the accuracy, completeness and/or reliability of any search feature provided by this Site and/or any search results. This Site may from time to time contain links or pointers to Internet sites maintained by third parties. These links do not imply endorsement by AD of the products or services offered by such third party Internet sites. AD does not operate or control in any way any information, products or services on these third-party sites and AD expressly disclaims any responsibility for such third-party sites, which are provided for Your convenience on an “as is” basis without warranties of any kind, express or implied. You hereby waive any and all claims against AD regarding the inclusion of links to outside Internet or the use thereof.
Potentially Offensive Material
This Site contains an extensive archive of news and historical Content. Accordingly, certain Content may describe or depict persons, institutions or events that reflect social attitudes, beliefs and circumstances of a particular place and/or time that may be viewed as insensitive, offensive or inappropriate by You, or the community in or to which You intend to publish, transmit, display or broadcast such Content. AD shall not be liable or responsible to You, or any other person or entity with respect to such Content.
Governing Law; Jurisdiction; Disputes
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by AD.
AD has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that AD 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We may terminate or suspend your account and bar access to this Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You can no longer use the Content previously downloaded after termination unless AD states otherwise to You in writing.