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This site is the personal page of Anthony J. Witkowski III. I am a recent graduate of Northeastern Law and the two projects are the result of two classes, Internet Law & Information Security Law, in the Fall Quarter of 2017. Please visit the About page for more recent work.

39. NYTimes.com

Retro edition

The New York Times

The New York Times website has a Terms of Service and Privacy Policy for all visitors and your subscription may have additional terms. Most of the disclaimers relate to third party content on the site, with the traditional rules for publishers still applying to the works they own. Data sharing is unlimited, as long as the data is anonymized and can't be traced to a single user. While NYT did see a surge in subscribers recently, they are still pretty dependent on advertising revenue and the sharing agreement contains provisions to shed light on those arrangements. 

Representations, Warranties, Indemnification, & Liability Limit

 

"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; and (b) that you are at least thirteen years old. 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 any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. 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. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE 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. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK."

Key Definitions

  • If you choose to use NYTimes.com (together with its version via the Tor Onion Service, the “Site”), NYT’s mobile sites and applications, any of the features of this Site, including but not limited to RSS, API, software 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 The New York Times Company ("NYT", “us” or “we”).

Sharing Agreements

 

Within The New York Times

If you have registered to use the NYT Services, we will not sell, rent, swap or authorize any third party to use your email address without your permission.

In the future, we may sell, buy, merge or partner with other companies or businesses. In such transactions, we may include your information among the transferred assets.

Third Parties

We also share information about our audience in aggregate or de-identified form. Nothing in this Privacy Policy is intended to restrict our use or sharing of aggregated or de-identified information in any way.

If you are a print subscriber, we may exchange or rent your name and mailing address (but not your email address) and certain other information, such as when you first subscribed to The New York Times with other reputable companies that offer marketing information or products through direct mail. If you prefer that we do not share this information, you may opt-out by emailing us at opt-out@nytimes.com, or write to us at Customer Care, P.O. Box 8041 Davenport IA 52808-8041. Please include your account number and phone number in the body of your email or letter, and include "Opt-out" in the subject line.

We may share information about attendees to our live events with sponsors or other third parties. If so, we will notify you when you provide us the information.

Service Providers

We contract with other companies to provide services on our behalf, including credit-card and billing processing, ad serving, shipping, email distribution, list processing and analytics or promotions management. We provide these companies only with the information they need to perform their services. These service providers are restricted from using personal information in any way other than to provide services for The New York Times, and they may not share, resell or use the data for their own direct marketing purposes.

We reserve the right to disclose your opt-out information to third parties so they can suppress your name from future solicitations, in accordance with applicable laws. We may occasionally release personal information as required by law, for example, to comply with a court order or subpoena. (For more information, see the "Compliance with Legal Process" section of this policy.)