Commercial Observer Subscriber Agreement
Website and Print (the “Service”) Subscriber Agreement
Last Updated: February 12, 2019
1. Commercial Observer may change the terms of the Agreement including, without limitation, the fees for the Service or for any information products on the Service at any time upon notice published over the Service. You may review the Agreement applicable to your then current use by clicking the “Subscriber Agreement” link found in My Account. You should click “Subscription Agreement” each time you access the Service to review a copy of the then current Agreement. By using the Service after any change to the Agreement is posted on the Service you will be deemed to be bound by all of such changes.
2. Commercial Observer may discontinue or revise any and all aspects of the Service or any of the information products on the Service at its sole discretion and without prior notice. In no event will Commercial Observer be responsible for refunding any prepaid fees.
3. In no event shall Commercial Observer be liable for any damages caused by the inability of the Subscriber to access the Service as a result of network or server downtime, transmission problems or otherwise. Commercial Observer does not guarantee the uptime of the Services.
4. All orders for print editions of the Service are subject to approval, solely at Commercial Observer’s discretion, and exclusively available to addresses located within New York County, New York. Should Observer Media determine that your print edition is undeliverable, Observer Media has no further obligation to you.
4. COMMERCIAL OBSERVER SUBSCRIPTION REFUND & CANCELLATION POLICY.
By placing your order for either the “Premium Membership” or “Premium + Membership” you will be granted a two week free trial that will begin immediately upon our acceptance of your order for either. You will not be charged after the free trial if you cancel within the two week free trial period.
Renewals: At least 14 days before each annual renewal you will be sent a reminder notice stating the rate that will apply for the renewal period. Unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used.
You agree that we may start your subscription immediately upon completion of your Free Trial and that you will automatically be charged the specified rate annually. This means that you are not entitled to a refund if you change your mind after we have provided you with access to your subscription.
How to cancel: You may notify us of your wish to cancel your subscription by contacting our customer service team at firstname.lastname@example.org.
5. COPYRIGHT. All information available through the Service is protected by copyright or other intellectual property laws. You may display and print information obtained through the Service solely for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrieval device, disseminate, sell, publish, broadcast or circulate the information obtained through the Service to anyone, without the express written consent of Commercial Observer . You agree not to use any information obtained through the Service for any unlawful or unauthorized purpose.
6. INTELLECTUAL PROPERTY. The Subscriber agrees that the Licensed Product and the content therein (the “Content”) are and will remain the property of Commercial Observer , and that the Subscriber does not have any License or right to use any trade or service mark, copyright, or other intellectual property displayed in the Licensed Product or the Content without the express written permission of Commercial Observer. Commercial Observer’s intellectual property rights in and to the Licensed Products and the Content are protected by the United States and international copyright and trademark laws, and Subscriber agrees that its Employees are not authorized to reproduce, copy, republish, upload to a third party or distribute the Licensed Product or the Content, except in accordance with this Agreement.
7. THIRD PARTY PROVIDERS. All third party information available through the Service is protected by copyright or other intellectual property laws. You may display, print and transmit information obtained through the Service only for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrievable device, disseminate, sell, publish, broadcast or circulate the information obtained through the Service without the express written consent of Commercial Observer. Third party providers of news on the Service are not responsible for any delay in your receipt of the licensed information resulting from the inherent limitations of the internet transmission via the World Wide Web. Due to the number of sources from which the licensed information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the licensed information. The licensed information is provided “as is,” without any warranties. Third party news providers and their affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, timeliness, non-infringement, title, merchantability or fitness for a particular purpose of the licensed information, and they hereby disclaim any such express or implied warranties. Neither the third-party providers nor any of their affiliates, agents or licensors shall be liable to you or anyone else for any loss or injury, other than death or personal injury resulting directly from use of the licensed information, caused in whole or part by its negligence of contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the licensed information. In no event will third-party providers, their affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such licensed information. The third-party providers and their affiliates, agents and licensors shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect or similar damages), other than direct damages, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation my not apply to you.
8. NETWORK SECURITY. Violations of this Agreement include, but are not limited to, any attempt to avoid user authentication or security of any host, network or account. This includes accessing content that is not intended for visitors and logging into an account you are not expressly permitted to access. Attempting to force a denial of service by email bombing, packet spoofing or ping flooding, among other measures, is strictly prohibited. You are forbidden to perform any kind of network monitoring, including probing the security of networks or attempting to intercept data not intended for you.
9. RESTRICTIONS. If you are not a Subscriber, you are not permitted to access or use the Services for any purpose whatsoever. Subscriber must ensure that only Subscriber will access and use the Licensed Product in accordance with this Agreement, and that such access and use is only for the purpose of enabling the Subscriber to carry on its business in the normal course. The Licensed Product may not be reproduced, copied or resold in any format. The Subscriber agrees to take all necessary precautions to assure that no unauthorized persons have access to the licensed product and that all authorized persons having access refrain from unauthorized disclosure, duplication or reproduction. Subscriber is not permitted to store copies of the Licensed Product or parts thereof on any computer, mobile device or network where they can be accessed by employees who are not authorized subscribers.
You are responsible for all use of the Services, including without limitation, your account, login password, or username. You will use reasonable efforts to prevent unauthorized use of your account, login password, or username and will promptly notify Commercial Observer , in writing, if you suspect that your account information, login password, or username is lost, stolen, compromised, or misused.
10. WARRANTY. Because of the possibility of human or mechanical error by Commercial Observer or its licensors, neither Commercial Observer nor any of its licensors guarantee the accuracy, adequacy, completeness, currentness or non-infringement of the Service or any information on the Service and are not responsible for any errors or omissions, for the results obtained from the use of the Service or such information, or for delays or interruptions in the service. There are no express or implied warranties including, without limitation, warranties of merchantability or fitness for a particular purpose or use with respect to the service or any information available through the Service. In no event will Commercial Observer or any of its licensors be liable for damages, direct, indirect, special or consequential (including lost profits) in connection with the use of the service, even if notified of the possibility of such damages. The sole remedy of subscribers to the service in the event of a breach of this agreement by Commercial Observer shall be to terminate this Agreement and obtain a refund of a pro-rata portion of any prepaid subscription fees based on the date of termination. The provisions of this section will survive any termination of this Agreement.
11. LICENSE FEE. Each Subscriber is responsible for all charges incurred and all statements which are made in connection with Subscriber’s account, including without limitation, while such Subscriber’s Password or Username is being used. Each Subscriber is responsible for sales, use or similar taxes relating to the use of Commercial Observer accessed through such Subscriber’s account. All fees and other charges will be charged on an annual or other basis, as indicated in this Agreement and with the Service, to the Subscriber’s credit card registered by the Subscriber with Commercial Observer or invoice statement. Your acceptance of this Agreement constitutes your authorization to make those charges. Subscribers must notify Commercial Observer of all changes in the expiration date of the credit card being used for Commercial Observer .
12. TERMINATION. Commercial Observer may, without notice to you, suspend or terminate this Agreement: (a) if you breach this Agreement or otherwise infringe on any intellectual property rights granted herein; or (b) if you breach or otherwise fail to comply with any other obligation in this Agreement, including any payment obligations. Notwithstanding the foregoing, if you fail to pay any fee properly due under this Agreement, Commercial Observer reserves the right to seek enforcement of the full amount due and owing as well as to seek recovery of legal costs or expenses incurred by Commercial Observer in connection with your breach.
13. GENERAL. This Agreement is personal to You and You may not assign any of your rights or obligations under this Agreement to anyone. The Agreement constitutes the entire agreement between you and Commercial Observer with respect to the Service and may be amended by notice by Commercial Observer given on the Service as herein provided. Observer Media d/b/a Commercial Observer is a division of Observer Media, Inc. This Agreement shall be governed in all respects in accordance with the laws of the United States of America and New York State governing contracts to be wholly entered into and performed within New York State. The courts sitting in the State of New York, Federal and State, shall have exclusive jurisdiction of any dispute arising under this Agreement.
14. NOTICE. Notice may be given by Commercial Observer through the Service including, without limitation, via e-mail or posting for access under “Subscription Agreement” on the home page or by mail to the last address given by the Subscriber to Commercial Observer . Notice by a Subscriber shall be given to Observer Media’s customer service team by e-mail to email@example.com, or by mail to Observer Media, One Whitehall Street, New York, NY 10004. Notices shall be deemed given when posted on the Service or on the recipient’s e-mail or when received if sent by mail.