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Terms & Conditions

This website or mobile application is owned, published, and operated by American Affairs Foundation Inc., along with its subsidiaries, affiliates, contractors, and related companies (“American Affairs Foundation,” “We,” “Our” or “Us”). These Terms of Use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use our sites, other sites accessible via subdomains, and mobile versions of any of these sites) (collectively, the “Sites”) or our mobile applications (collectively, the “Mobile Applications”). The Mobile Applications and Sites are defined collectively as our “Digital Services.”

To the extent rules or guidelines affecting your use of these Digital Services are found elsewhere in our Digital Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using any of our Digital Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of our Digital Services.

Our Digital Services feature a wide array of news, information, audio, video, photos, interactive data features, User Content (as defined below), and more (collectively “Content”). To the extent new Content, services, or features are added to our Digital Services in the future, the use thereof is subject to these Terms of Use.

Introduction.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Our use of cookies.

License to Use Website.

Unless otherwise stated, American Affairs Foundation and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website for a commercial purpose except for content specifically and expressly made available for redistribution

Acceptable Use.

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Our express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Our express written consent.

Restricted Access.

Access to certain areas of this website is restricted.  We reserve the right to restrict access to other areas of this website, or indeed this entire website, at Our discretion.

If We provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password in Our sole discretion without notice or explanation.

User Content.

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to this website, or stored on Our servers, or hosted or published upon this website.

Notwithstanding Our rights under these terms and conditions in relation to user content, We do not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No Warranties.

This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, We do not warrant that

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or other matter you should consult an appropriate professional.

Nothing on this website constitutes, or is meant to constitute, the endorsement of any candidate for any political office or any attempt to influence legislation, or any other activity not permitted under section 501(c)(3) of the Internal Revenue Code or applicable tax legislation governing not-for-profit organizations or public charities.

Limitations of Liability.

We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if We have been expressly advised of the potential loss.

Exceptions.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Reasonableness.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties.

You accept that, as a limited liability entity, We have an interest in limiting the personal liability of Our officers and employees.  You agree that you will not bring any claim personally against Our officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Us.

Unenforceable Provisions.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity.

You hereby indemnify Us and undertake to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

In-App Purchases and Subscriptions.

Our Mobile Applications may be downloaded free of charge, however, certain Content may only be available to registered users or those with a valid subscription to one of our print publications. Our Mobile Applications may allow you to subscribe to Content through an “in-app purchase” at the cost indicated in the Mobile Application. If you choose to subscribe using the in-app purchase, the operator of the Mobile Application store (such as iTunes) will process your payment, subject to the Terms of Use and Privacy Policies of the processing party. American Affairs Foundation is not responsible for purchases made in Mobile Application stores other than those initiated using our Mobile Applications.

Modifications and Interruptions to the Digital Services.

We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites and Services.

Our Digital Services may include links to other sites, mobile application stores, or services on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site or service.

Please note, these Terms of Use apply exclusively between you and Us, and not to you and any third party. Your use of third-party sites is subject to the terms of use and privacy policies of each site, and we encourage our users to review the terms of use and privacy policies of third-parties’ sites.

Registration on our Digital Services.

Certain features of our Digital Services may require you to register by providing your personal information, such as your name, e-mail address, and/or other information. For example, a Digital Service may contain portions that are only available to paid subscribers. You may also wish to register on our Digital Services to receive one or more of our e-mail newsletters. You may start or stop your receipt of these email newsletters at any time via the links in every newsletter. You may also wish to register to post comments on our Digital Services, which may require the creation of a particular account, or you may wish to log in using one of the social media accounts listed in the comments section of one of our Digital Services. Any comments you may post on our Digital Services are subject to these Terms of Use, including the prohibitions on certain Content as described below.

If you wish to register on any of our Digital Services, you agree to provide accurate information about yourself as required by the applicable registration form, and you further agree that you will update such data to keep it accurate, current and complete. We reserve the right to suspend or terminate your use of our Digital Services if we discover, or if we have a reasonable basis to believe, that any of the data you have provided is inaccurate, incomplete or untrue. If you register on any of our Digital Services, you may not share your log-in details (e.g., username and password) with any other person or authorize any other person to log-in with your account. You are responsible for maintaining the confidentiality of your log-in details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account or any other suspected breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your log-in data.

Copyright and Trademark Information.

Copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation the Digital Service’s software code, design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by American Affairs Foundation, with all rights reserved, or in some cases may be licensed to Us by third parties. This material is protected by the intellectual property rights of American Affairs Foundation or those owners, and we grant you only a non-exclusive, non-transferable license to use the material as part of your personal non-commercial use of the Digital Services. This license grant is between you and Us and not any other third-parties. No title to or ownership of any content or any materials within our Digital Services is transferred from Us to you by these Terms of Use.

All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of this Digital Service will be deemed by Us to be an intentional infringement. 
All trademarks displayed on the Digital Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Us.

Permitted Use of Mobile Applications.

Our Mobile Applications are protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of Us. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile Applications, or in anyway compromise the security of data stored or transmitted by our Mobile Applications.

Links to the Site and RSS Feeds.

You are hereby licensed to create hyperlinks to Content on the Sites, provided that the hyperlink accurately describes the content to which it links on the Sites. In addition, individuals and non-commercial organizations are hereby granted a license to implement the RSS feeds offered by our Sites.

When you include links to a Site on your website (including RSS feeds) when the link is clicked, the applicable page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Us. Under no circumstances may you “frame” the Site or any of its Content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.

Your Representations.

As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Digital Services and accessing the Content under the laws of the United States or other country.

Breaches of These Terms and Conditions.

Without prejudice to Our other rights under these terms and conditions, if you breach these terms and conditions in any way, We may take such action as We deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation.

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment.

We may transfer, sub-contract or otherwise deal with Our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability.

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement.

These terms and conditions, together with our Privacy Policy constitute the entire agreement between you and Us in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction.

These terms and conditions will be governed by and construed in accordance with applicable law of the United States, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the United States.

Compliance with Laws.

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Digital Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

By using any of our Digital Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

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