49. Washingtonpost.com

The Washington Post

The Terms of Service and Privacy Policy of Washingtonpost.com apply to the website, mobile app, and other online services. Even after noticing the similarities between the disclaimers and limits on liability between The Washington Post and other publishers, it still looks funny for a major news publisher to disclaim any representation of accuracy of their content. One has to be curious if the President of the U.S. attacked them for having such terms it may spark a change or at least more clarification on to which web content the agreement applies. Data sharing on the site is allowed between a broad array of service providers and I am left wondering what the exact nature of the data sharing between Amazon and WaPo looks like, given their relationship.

Representations & Warranties

 

"THE SERVICES ARE PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. The Washington Post DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. IF YOU RELY ON THE SERVICES AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WASHINGTON POST DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY THE WASHINGTON POST, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE WASHINGTON POST OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. 

THE WASHINGTON POST MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE WASHINGTON POST DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES."

Limitations on Liability

 

"IN NO EVENT WILL THE WASHINGTON POST OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE WASHINGTON POST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE WASHINGTON POST’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW."

Indemnification

 

"You agree to indemnify and hold harmless The Washington Post and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, including the Discussion and Submission Guidelines, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us."

Key Definitions

  • "Yahoo Affiliates"- Yahoo affiliates are companies owned and controlled by any one of the Yahoo group of companies and include acquired companies.

Sharing Agreements

 

"The following provides information about entities with which we may share information. Our practices vary depending on the type of information.

Affiliates. We may share information within our family of affiliated companies.

Business Partners. We may also share your information with business partners to provide you with services that you request. For example, if you sign up for a promotion that runs on our Services but that is sponsored or co-sponsored by another company, your information may be shared with that sponsor. The Washington Post is not responsible for the privacy practices of these entities.

Service Providers. We may share information with vendors providing contractual services to us, such as hosting vendors, advertising service providers, and list managers. We also may share your information, including your payment information, as appropriate to process your payments for the Services or complete a transaction.

Other Parties When Required by Law or As Necessary to Protect Our Users and Services. We may share your personal information as we believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, or property of the Services, our employees or agents or users or to comply with applicable law or legal process, including responding to requests from public and government authorities.

Logging In Through Social Media Services. If you log into the Services with a social media service or if you connect a social media account with the Services, we may share your information with that social media service. The social media services’ use of the shared information will be governed by the social media services’ privacy policy and your social media account settings. If you do not want your information shared in this way, do not connect your social media service account with your Services.

Third Parties that Provide Content, Advertising, or Functionality. When you use our Services, third parties may collect or receive certain information about you and/or your use of the Services (e.g., hashed data, click stream information, browser type, time and date, information about your interactions with advertisements and other content), including through the use of cookies, beacons, mobile ad identifiers, and similar technologies, in order to provide content, advertising, or functionality or to measure and analyze ad performance, on our Services or other websites or platforms. This information may be combined with information collected across different websites, online services, and other linked or associated devices. These third parties may use your information to improve their own services and consistent with their own privacy policies.

Other Parties in Connection With a Corporate Transaction. We reserve the right to transfer any information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition, or in connection with a bankruptcy reorganization.

Otherwise With Your Consent or At Your Direction. In addition to the sharing described in this Privacy Policy, we may share information about you with third parties whenever you consent to or direct such sharing.

We also may share other information with third parties in a manner that does not identify particular users, including, for example, aggregated data about how users are using our Services."

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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.