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This amNewYork document contains information about the following areas:
Back copies of the newspaper
Submitting Letters to the Editor
amNewYork Advertising and Conditions
Terms of Service
Advertise with Us
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THE EDITORIAL STAFF
Editor-in-Chief: Diane Goldie (dgoldie[at]newsday.com)
Executive Editor: Mae Cheng (mcheng[at]am-ny.com)
· Managing Editor: Pete Catapano (pcatapano[at]am-ny.com)
· Managing Editor: Rolando Pujol (rpujol[at]am-ny.com)
· Design Director: Christopher M. Sabatini (csabatini[at]am-ny.com)
· Nation/World Editor: Stephen Bronner (sbronner[at]am-ny.com)
· Sports Editor: Max Dickstein (mdickstein[at]am-ny.com)
· Photo editor: RJ Mickelson (rjmickelson[at]am-ny.com)
· General assignment reporter: Emily Ngo (engo[at]am-ny.com)
· Transit Reporter: Heather Haddon (hhaddon[at]am-ny.com)
· Features Editor: Lucy Cohen Blatter (lblatter[at]am-ny.com)
· Listings & Entertainment: Emily Hulme (ehulme[at]am-ny.com)
· Fashion, Film, Celebrity Events & Gossip: Julie Gordon (jgordon[at]am-ny.com)
· Associate Editor: Scott A. Rosenberg (srosenberg[at]am-ny.com)
· Associate Editor: Perrie Samotin(psamotin[at]am-ny.com)
· Designers: Sara Baumberger (sbaumberger[at]am-ny.com) and Peter J. Sikoski (psikoski[at]am-ny.com)
· Letters to the Editor (am-letters[at]am-ny.com)
THE EXECUTIVE STAFF
· Publisher and General Manager: Paul Turcotte (pturcotte[at]am-ny.com)
· Circulation Director: Bill Praz (bpraz[at]newsday.com)
· Retail & Classified Sales Director: Peter Wojcicki (pwojcicki[at]am-ny.com)
· National Advertising Director: Ron Spears (rspears[at]am-ny.com)
· Entertainment /Image Director: Rachel Miller (rmiller[at]am-ny.com)
· Production Director: Jay Cruz (jcruz[at]am-ny.com)
· Marketing Director: Stephen McCarthy (Stephen.Mccarthy[at]am-ny.com)
· Production (production[at]am-ny.com)
· Jobs (resume[at]am-ny.com)
· Circulation (amny[at]MitchellsNY.com)
· Tell us about the best promoters (BestPromoter[at]am-ny.com)
In New York City, more and more people catch up on the events of the day from new sources like the various news zippers in Times Square, TV screens that flash news clips in elevators, lottery kiosks and all-news radio programs. Reader surveys and plummeting circulation rates prove that broadsheet newspapers are losing much of their impact.
Now, amNewYork has taken the notion of "instant news" one step further. Subways cars and buses don't get radio or TV reception, so hundreds of thousands of on-the-run commuters are snapping up free newspapers from our army of hawkers and street boxes scattered around this city and its suburbs.
New York's youth see news as a commodity that you don't have to pay for. They want their news quick and simple. And amNewYork fills that niche.
Their work is also supplemented with wire stories from the Associated Press, and with writers and syndicated columnists from Tribune Co. newspapers such as the Los Angeles Times, The Chicago Tribune, the Baltimore Sun and other papers.
amNewYork's aggressive team of reporters and editors brings you all the news that you need to start your day.
Hey, who says a good newspaper can't be free?
Writers must mention relevant financial, political or other interest in a subject. All letters, including those sent via e-mail, must have the writer's day and night telephone numbers and mailing address. E-mailed letters should NOT be sent as attachments.
We cannot acknowledge or return letters. Letters become the property of amNew York and may be published in all media. Anonymous letters will not be printed. Send e-mail to am-letters[at]am-ny.com. You may also write to Letters Editor, am New York, 330 W. 34th Street, New York, NY 10001.
How we gather information from users.
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. You can visit many pages on our site without providing any information. Other pages may prompt you to provide information, such as when you register for access to portions of our site, sign up for membership, request certain features (e.g., newsletters, news updates and other products), sign up for a newspaper subscription or make a purchase. You may also provide information when you participate in sweepstakes and contests, voting and polling activities, message boards and chat rooms and other interactive areas of our site.
Like most Web sites, amNY.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use “cookie” technology. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but doing so may limit your ability to access certain portions of the site or may require you to re-enter your user name and password. Additionally we may not be able to customize the site’s features according to your preferences.
What we do with the information we collect.
We will use your information only as permitted by law and as set forth in this policy. Aggregated Information (information that does not personally identify you) may be used in many ways. As one example, we may combine information about your usage patterns with similar information obtained from other users to learn which pages are visited most or what features are most attractive. Aggregated Information may occasionally be shared with our advertisers and business partners, but cannot be used to contact you individually.
Personally Identifiable Information collected by Newsday may also be used for other purposes including but not limited to site administration and troubleshooting. Certain third parties who provide technical support for the operation of our site (our Web hosting service and our newsletter provider, for example) may access such information.
As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities. Please note we may not provide you with notice prior to disclosure in such cases.
Your choice to opt out.
The quality news and information on amNY.com is supported by advertising revenue and a controlled program of e-mail marketing is an important element of our online publishing business. Like other Web publishers, we sometimes permit our advertising and promotional partners to e-mail you about services, features, products, special offers and unique content we believe might interest you. If you prefer not to receive e-mail communications sent directly from our advertisers or promotional partners, you will be given an opportunity to decline before you provide us information we might use for this purpose. If you decline at the time you provide us such information, we will not share the Personally Identifiable Information you provide with non-Affiliate advertisers for such purposes, though we may on occasion send you information on their behalf.
Affiliated sites, linked sites and advertisements.
Newsday expects its partners, advertisers and third-party Affiliates to respect the privacy of our users. However, third parties, including our partners, advertisers, Affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a amNY.com page, certain content that is actually created or hosted by a third party. Also, through amNY.com you may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. Newsday is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
Please be careful and responsible whenever you are online. Should you choose to voluntarily disclose Personally Identifiable Information on our site, such as in message boards, chat areas or in advertising or notices you post, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of Newsday and this policy.
Newsday does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe Newsday has any information from or about anyone under 13, please contact us at the address listed below.
California Privacy Rights
Beginning January 1, 2005, California law permits visitors who are California residents to request certain information regarding our disclosure of Personally Identifiable Information to third parties for their direct marketing purposes. To make such a request, please send an email or write to us at the contact information below.
We can be reached by contacting:
amNY330 34th StreetNew York, New York 10001 or firstname.lastname@example.org
Changes to this policy.
Newsday reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
This policy and the use of amNY.com are governed by New York law. Any claim related to amNY.com or this policy shall be brought in a federal or state court in Nassau or Suffolk Counties, New York, within one year after the claim arises. You agree no such claim may be brought as a class action. Users of amNY.com consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this policy. amNY.com is controlled, operated and administered entirely within the United States. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. You hereby consent to this transfer.
Copyright © 2010, Newsday LLC.
Version: March 2010
amNewYork Advertising Terms and Conditions
These Advertising Terms and Conditions are hereby made part of the attached General Rate Card/Contract/Insertion Order (the "Advertising Agreement") by and between amNewYork, a division of Newsday LLC (“Publisher”) and the advertiser named therein and party thereto ("Advertising Party") and its advertising agency, if any ("Advertising Agency," and together with Advertising Party, "Advertiser"). Each such party acknowledges that the following additional terms and conditions are incorporated in and made a part of the Advertising Agreement. This Addendum, including the attached Advertising Agreement (along with any supplements, amendments, exhibits, schedules or addendums thereto, collectively, the "Agreement"), shall be binding upon the parties.
1. ADVERTISING ACCEPTANCE; PUBLISHER'S RIGHT TO REJECT OR ALTER
(a) Submission of an advertisement to Publisher does not constitute a commitment by Publisher to publish the advertisement. Publisher accepts advertising only by publishing such advertisement. Upon such acceptance, Advertiser acknowledges that (i) the terms and conditions set forth in this Agreement shall apply to all advertising orders unless such terms and conditions are modified, superseded or otherwise altered by a written instrument signed by an authorized representative of Publisher, (ii) the terms and conditions set forth in this Agreement shall prevail over any inconsistent terms and conditions set forth in any order or contract form of any Advertiser and (iii) insertion orders containing disclaimers are not acceptable and are not legally binding or valid. Publisher has the right, in its sole and absolute discretion, to reject any advertisement or any portion thereof. Publisher's publication of an advertisement shall not affect its right to reject such advertisement thereafter.
(b) Publisher reserves the right to alter any advertising material in order for the material to conform to its current mechanical specifications. The rates stated in the Advertising Agreement shall remain the same upon a reduction in the size of any advertisement as long as the advertisement maintains the same proportion of the entire page. Publisher rates are based on column inch size rather than actual published size, which may have shrinkage related to the printing process.
2. LAWFUL ADVERTISING; INDEMNIFICATION
Advertising Party and Advertising Agency, if applicable, jointly and severally represent and warrant that (a) any and all material submitted to Publisher (i) is accurate and original, (ii) does not violate any law or contract or infringe the copyrights, trademarks, trade names, patents or other intellectual property rights of any person, (iii) does not constitute unfair competition, and (iv) contains no matter which is libelous, an invasion of privacy or publicity, an unlawful appropriation of any name or likeness or is otherwise injurious to the rights of any person; and (b) each of Advertising Party and Advertising Agency, if applicable, has obtained all necessary consents for publication prior to submission to Publisher. Advertising Party and Advertising Agency, if applicable, jointly and severally agree to defend, indemnify and hold Publisher and its affiliates and their respective directors, officers, principals, managers, members, partners, shareholders, employees, and controlling persons and their affiliates (Publisher and each such person being an "Indemnified Party"), harmless from and against all damages to and liabilities resulting from or relating to demands, claims, actions or causes of action, assessments or other losses, costs and expenses relating thereto, interest and penalties thereon and attorneys' fees, legal fees and any other expenses in respect thereof or in enforcing their rights hereunder, by reason of or resulting from or attributable to its breach of this Agreement, the publication of any advertisement by Publisher (whether or not Publisher assisted in the preparation of the advertisement), the distribution of any sample product submitted by Advertising Party and/or Advertising Agency or the acts or omissions of Advertiser, its contractors, agents, employees and guests at any Publisher event (if the insertion order includes Advertiser’s sponsorship of a Publisher event).
3. MATERIALS; COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY.
(a) Publisher has no obligation to return any material submitted to Publisher by or on behalf of Advertiser to Advertiser or any other party, and Publisher shall have no liability for its loss or destruction.
(b) Publisher shall have the right to use any advertising published in Publisher's publication for the purpose of promoting any of the products and services of Publisher. Advertiser grants Publisher a non-exclusive, perpetual, irrevocable and worldwide license to publish any and all advertising content created by Advertiser or its agents or Publisher, including but not limited to photographs, artwork, text and graphics, in any media, presently known or unknown, including but not limited to Publisher's electronic publications on the Internet and in any archival retrieval system whether that information is digitally stored or stored on any other media. To the extent feasible and with the use of known technological resources, Publisher agrees that it will make reasonable efforts to prevent the reproduction of coupons capable of redemption by a consumer in any of Publisher's electronic publications.
4. POSITION REQUESTS
Publisher shall not be deemed in breach of this Agreement in the event that it does not honor a specific position agreement due to conflicting editorial needs, in Publisher's sole discretion. In the event Advertiser has paid a premium for a particular position, reimbursement for failure to publish in a particular position shall be limited to the refund of such premium to Advertiser.
5. LIABILITY FOR ERRORS, OMISSIONS OR FAILURE TO PUBLISH OR DISTRIBUTE
(a) Publisher's liability for errors or omissions in advertisements or advertising inserts shall be limited to the cost of advertising space in an amount equal to the erroneous advertisement. Publisher's liability for failure to publish any advertisement or distribute any advertising insert shall be limited to a refund of any amount paid to Publisher for such advertisement or insert. Notwithstanding the foregoing, Publisher shall have no liability for, and no credit shall be issued to Advertiser for, errors that do not materially affect the value of the advertisement or advertising insert or where Advertiser is responsible for the error or omission. Credits for errors in advertisements or advertising inserts materially affected by the error are allowed for the first publication or distribution only. Publisher’s liability in connection with any sponsorship of a Publisher event shall be limited to the amounts payable to Publisher under the particular insertion order to which it relates.
(b) Notwithstanding anything to the contrary herein, in no event shall Publisher be liable to Advertiser or to any other parties for any further damages of any kind arising from any breach of this Agreement or any other advertising contract, written or oral, or act or omission of Publisher with respect to an advertisement or advertising insert or sponsorship, including but not limited to, direct, indirect, special, consequential, or punitive damages.
(c) Publisher is not responsible for errors involving orders, cancellations or corrections given orally. Written or facsimile confirmation of orders, cancellations or corrections must be received prior to Publisher's cancellation deadline. Publisher will publish advertisements and bill Advertiser for all advertising orders that are not canceled prior to the deadline. Advertiser may be subject to a cancellation charge when such cancellation results in production delays.
(d) Publisher shall not be responsible for the loss, theft or damage to any personal property of Advertiser, its employees, agents and guests during any Publisher event that may be sponsored by Advertiser.
(a) Payments are due by the fifteenth of the month for space used during the preceding month. Credit privileges will be suspended on accounts not paying by the 25th of the month in which a payment is due. Payments must accompany all orders from accounts which have not established credit with am New York.
(b) We reserve the right to cancel any contract and/or alter terms of payment: (1.) if any bill is not paid when due; (2.) if the advertiser and/or advertising agency becomes insolvent, makes an assignment for the benefit of creditors, is adjudged a bankrupt, or a receiver of the property or business of the advertiser and/or advertising agency is appointed, or if the advertiser and/or advertising agency shall file a petition seeking relief as a debtor under the federal bankruptcy act, or if a petition is filed against the advertiser and/or advertising agency for reorganization under said act, or for adjudication of bankruptcy; (3.) for any other cause considered sufficient by us.
7. AMENDMENTS; WAIVERS; RATE CHANGES
(a) Waiver of any term of this Agreement or failure of Publisher to terminate this Agreement on account of any breach by Advertiser shall not be deemed a waiver of Publisher's rights to subsequently enforce any term or to terminate this Agreement by reason of any subsequent breach by Advertiser. No waiver by either party on any one occasion shall extend to or effect or be construed as a waiver of any right or remedy on any future occasion or with respect to any prior occasion. No course of dealing of any person nor any delay or omission in exercising any right or remedy shall constitute an amendment of this Agreement or a waiver of any right or remedy of any party hereto.
(b) Except as set forth in subsection (c) of this Section 7, no amendment of any term, provision or condition of this Agreement shall be effective, unless in a writing executed by each of the parties hereto that specifically refers to this Agreement.
(c) Publisher shall have the right to revise the advertising rates set forth in this Agreement at any time upon notice to Advertiser of such rates. Advertiser may terminate this Agreement on the date the new rates become effective by giving written notice within 30 days of such termination. In the event of such termination, Advertiser shall be liable for Advertising published prior to such termination at the Current Agreement Rate. "Current Agreement Rate" is defined as the billing rate in effect at the time of publication.
8. TERMINATION OF AGREEMENT; EFFECT OF TERMINATION
(a) Publisher shall have the right to terminate this Agreement at any time, with or without notice to Advertiser, for Advertiser's failure to remit payment for invoices by the due date of such bills.
(b) Publisher reserves the right to review the volume of advertising placed on a quarterly basis and to cancel the contract in its sole discretion if advertising placed falls 15% or more below the quarterly average volume needed to fulfill the twelve-month contract amount, if Advertiser has such a contract with Publisher. Failure of Publisher to review the frequency of advertising or cancel the contract for any reason shall not be deemed a waiver of the right to cancel in the future or to impose any applicable rate adjustment.
(c) Subject to the terms of subsection (e) of this Section 8, Advertiser shall have the right to terminate this Agreement at any time by written notice to Publisher.
(d) Publisher shall have the right to terminate this Agreement for any reason and at any time by written notice to Advertiser, in which event and so long as Advertiser has been meeting its revenue, volume or other commitment to Publisher over time in a way that is consistent with Advertiser reaching its final commitment, Advertiser shall be liable for advertising prior to such termination at the Current Agreement Rate.
(e) Except for a termination under Section 7 above, in the event the Agreement is terminated or for any other reason Advertiser fails to purchase during the term of the Advertising Agreement the advertising generating the revenue, volume or other commitment due to Publisher, Advertiser immediately shall pay to Publisher the lesser of the following:
(i) the original commitment made to Publisher under the Advertising Agreement or
(ii) an amount for all advertising published during the term including advertising previously billed ("Amount Due"), adjusted for space, inserts and color actually used. The unpaid balance of such adjusted Amount Due shall be based upon the "Actual Rate Earned" for advertising during the term. The "Actual Rate Earned" is defined as the rate which would have been payable by Advertiser if the amount of advertising actually purchased during the term had been contracted for in the first instance, and such Actual Rate Earned shall be ascertained by reference to the applicable Publisher rate card in effect on the date that the advertising was published.
Advertiser agrees that no representations of any kind have been made to Advertiser by Publisher or by any of its agents and that no understanding has been made or agreement entered into other than as set forth herein.
10. FORCE MAJEURE
Publisher shall not be liable for failure to publish or distribute any advertisement because of strikes, labor disputes, government action, war, fire, breakdown of equipment, terrorist act, or any other cause beyond its reasonable control.
11. OTHER SERVICES
Except as stated otherwise, payments by Advertiser to Publisher for services or goods other than advertising space, inserts and color shall not be applied toward any revenue totals set forth in the Agreement.
Advertiser shall be liable for all costs incurred by Publisher, including but not limited to attorneys' fees and expenses, in collecting past due accounts and in defending any and all claims asserted in the action.
Any and all taxes levied against advertising shall be added to the advertising charges, including but not limited to any sales taxes.
14. PREPARATION OF ADVERTISING
Advertiser represents and warrants that it is familiar with all laws and regulations applicable to its advertisement(s), and that advertising material submitted to Publisher shall be in compliance with such laws and regulations.
On request, Publisher may assist Advertiser in preparing its advertisement(s) for publication. This assistance may include design, composition, text and artwork. Publisher does not assume any obligations to perform a legal review of Advertiser's advertisement(s). Advertiser remains solely responsible for the contents of the advertisement(s) and for compliance with any laws regulating such advertising.
This Agreement and the rights and obligations hereunder are personal to Advertiser and may not be assigned by any act of Advertiser or by operation of law, change of control of Advertiser or otherwise without the prior written consent of Publisher, to be granted or not granted in Publisher's sole and absolute discretion. Advertiser may not assign to, nor utilize for the benefit of another person or entity, any of the lineage required to be purchased by Advertiser without Publisher's prior written consent, to be granted or not granted in Publisher's sole and absolute discretion.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this Agreement. To the full extent, however, that the provisions of any applicable law may be waived, they are hereby waived to the end that this Agreement be deemed a valid and binding agreement enforceable in accordance with its terms.
17. JOINT AND SEVERAL LIABILITY OF ADVERTISING PARTY AND ADVERTISING AGENCY
Advertising Party and Advertising Agency are each hereby obligated, jointly and severally, to pay any and all amounts owed to Publisher, as and when the same shall become due and payable, in accordance with the terms hereof. All written agreements between Advertising Party and Advertising Agency, shall include provisions whereby each such party agrees that Publisher has a right to recover any and all amounts owed hereunder from either such party directly. Publisher shall be a third-party beneficiary of all such agreements. Publisher is hereby irrevocably appointed as each of Advertising Agency's and Advertising Party's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any amounts owing from Advertising Party to Advertising Agency, or Advertising Agency to Advertising Party, as the case may be, pursuant to such agreements and Publisher shall retain such amounts to offset amounts due hereunder. Each of Advertising Agency and Advertising Party shall immediately upon receipt pay directly to Publisher any and all amounts that it receives from Advertising Party or Advertising Agency, as the case may, for payment of amounts owed pursuant to this Agreement.
18. REPRESENTATIONS AND WARRANTIES
Each of Advertising Party and Advertising Agency, hereby represents and warrants to Publisher:
(a) It is duly incorporated or formed, as the case may be, validly existing and in good standing under the laws of the state of its incorporation or formation, as the case may be, and has all requisite power to own, lease and operate its property and to carry on its business as now being conducted.
(b) All action on the part of such party necessary for the authorization, execution and delivery of, and the performance of all of its obligations under, this Agreement has been duly taken. This Agreement constitutes a valid and binding obligation of such party, enforceable against it in accordance with its terms.
(c) The execution and delivery by such party of this Agreement do not, and the consummation of the transactions contemplated hereby will not, (i) violate or conflict with the organizational documents of such party or (ii) constitute a material breach or default or give rise to any lien or other encumbrance, third-party right of termination, cancellation, material modification or acceleration under any material agreement, understanding or undertaking to which it is a party or by which it is bound, or violate or conflict with any applicable law.
(d) All written agreements between Advertising Party and Advertising Agency include provisions whereby each such party agrees that Publisher has a right to recover any and all amounts owed hereunder from either such party directly.
(e) Advertising Agency is authorized and has the power to (i) enter into this Agreement on behalf of or in the name of Advertising Party and (ii) bind Advertising Party to this Agreement without the prior written consent of Advertising Party.
(f) Advertising Party is authorized and has the power to (i) enter into this Agreement on behalf of or in the name of Advertising Agency and (ii) bind Advertising Agency to this Agreement without the prior written consent of Advertising Agency.
19. ADVERTISER SPONSORSHIPS
To the extent that the insertion order includes Advertiser’s sponsorship of a Publisher event, Advertiser additionally agrees to the following terms:
(a) Advertiser will provide any gift bag items, as well as materials or staffing for any on-site display/sampling area in the Insertion Order, subject to Publisher’s approval. Advertiser represents and warrants that it shall obtain all necessary permissions and releases for all sponsorship materials, gift bag items, and sample or other promotional items to be provided by it, including the distribution and/or display thereof.
(b) Notwithstanding anything to the contrary in this Agreement, the sponsorship fee set forth in the Agreement is non-refundable, except as otherwise provided in section 19(c).
(c) Notwithstanding sections 8(c) and 8(d) of these terms, the only termination rights of either party shall be as follows: (i) by either party, if the other party fails to either discharge any obligation or remedy any default under this Agreement for a period of more than five (5) business days after written notice has been given to the defaulting party specifying such failure or default; and (ii) by Publisher, effective immediately, if Advertiser ceases operation for any reason, or the event is canceled for any reason. If the event is cancelled, Publisher will refund on a pro rata basis, as determined by Publisher, the portion of the sponsorship fee not attributable to sponsorship benefits already received.
(d) Advertiser shall seek the prior written approval of Publisher for any use of Publisher’s name and logo. Advertiser shall immediately cease using Publisher’s name and logo upon completion of the event or the earlier termination of the sponsorship or this Agreement.
(e) Advertiser represents and warrants that during the term of this Agreement, it shall maintain in force a policy of general liability insurance in connection with the event in the amount of at least $1,000,000 per occurrence, which shall cover Advertiser from any loss resulting from the risks therein. Such policy shall name Publisher as an additional insured and shall state that it may not be canceled or terminated without thirty (30) days prior written notice to Publisher. A certificate of insurance shall be provided to Publisher upon the execution of this Agreement.
Copyright © 2010, Newsday LLC
Terms of Service
Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with amNY.com, with the exception of User Content as defined below, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Newsday, and/or its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to amNY.com, you may do so provided you agree to cease such link upon request from Newsday. No other use is permitted without prior written permission of Newsday. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.
You may not republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through amNY.com, not to insert any code or product or manipulate the content of amNY.com in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to email@example.com. In certain cases, you may be able to use individual stories that appear on amNY.com through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may use or you will see a link in the Content itself.
Registration. Registration is not required to view certain Content. However, you are required to register if you wish to post a comment or upload a video, or view certain other Content. If you become a Registered Member of amNY.com, you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of amNY.com if individuals from more than one household access amNY.com using any single Registration Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access amNY.com using your name in whole or in part without our permission. If you believe someone has accessed amNY.com using your Registration Account and password without your authorization, e-mail us immediately at firstname.lastname@example.org.
User Content Representations and Warranties. By placing material on amNY.com, including but not limited to posting content or communications to any amNY.com bulletin board, forum, blogspace, message or chat area, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of amNY.com that specifically ask for unique, fictitious names).
User Content License. For all User Content you post, upload, or otherwise make available ("provide") to amNY.com, you grant Newsday, its affiliates and related properties, including amNY.com, its affiliates and their respective affiliated newspapers, Web sites, and broadcast stations, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize Newsday to share the User Content across all Web sites, newspapers, and broadcast stations affiliated with Newsday and its affiliates, to include the User Content in a searchable format accessible by users of amNY.com and other Newsday affiliated Web sites, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to amNY.com. You also grant Newsday and its affiliates the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
User Content Screening and Removal. You acknowledge that Newsday and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable.
User Content Assumption of Risk. Newsday cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to amNY.com is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using amNY.com forums. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.
User Content Posting Rules. Any decisions as to whether User Content violates any Posting Rule will be made by Newsday in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules:
• If the photo or video depicts any children under the age of 13, you affirm that you have written permission from the child's parent or guardian to provide the photo or video.
Do not provide User Content that:
• contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
• contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
• violates any right of Newsday or any third party.
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
• violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
• interferes with any third party's uninterrupted use of amNY.com.
• advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
• uses or attempt to use another's Registration Account, password, service or system except as expressly permitted by the Terms of Service.
• uploads or transmits viruses or other harmful, disruptive or destructive files, material or code.
• disrupts, interferes with, or otherwise harms or violates the security of amNY.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through amNY.com or affiliated or linked sites.
• "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Unsolicited Material and Ideas. Newsday is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to amNY.com. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Newsday and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.
Transactions and E-Commerce. During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a newspaper subscription, a print or online advertisement or other tangible goods and services. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. Newsday cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
Errors in Advertisements. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree amNY.com is not responsible for such errors or discrepancies.
Communications with Third Parties Through amNY.com. Your dealings or communications through amNY.com with any party other than Newsday are solely between you and that third party. For example, certain areas of amNY.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Newsday be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
During your visit to amNY.com you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because Newsday has no control over third party sites and resources, you acknowledge and agree that Newsday is not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites.
Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Newsday, in appropriate circumstances, to terminate the Registration Account of a Member who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on amNY.com, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of your copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material you claim is infringing is located on the site (providing us with website URL is the quickest way to help us locate content quickly);
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Newsday's copyright agent can be reached as follows:
Copyright Agent, amNY.com, 330 34th Street, New York New York 10001, or email@example.com.
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT NEWSDAY'S COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in theContact Us section below. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to Newsday's designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. an electronic or physical signature of the registered user;
2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a website URL is the quickest way to help us locate content quickly);
3. your address, telephone number, and e-mail address;
4. a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
5. a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which amNY.com may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
General Disclaimer and Limitation of Liability. While Newsday uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Newsday does not represent or warrant that use of any Content will not infringe rights of third parties. Newsday has no responsibility for actions of third parties or for content provided by others, including User Content.
USE OF AMNY.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER NEWSDAY NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING AMNY.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH AMNY.COM, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF AMNY.COM OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES NEWSDAY.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. NEWSDAY AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
AMNY.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NEWSDAY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE AMNY.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL NEWSDAY OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEWSDAY OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity. You agree to indemnify, defend and hold harmless Newsday and its parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) your use of amNY.com; (2) Newsday's and its affiliates’ use of any User Content or information you provide, as long as such use is not inconsistent with this Agreement; (3) information or material provided through your Registration Account, even if not posted by you; and (4) any violation of this Agreement by you.
Third Party Beneficiaries. By accessing this Web site or digital service, you specifically acknowledge and agree that, without limiting anything else in these Terms of Service: (i) certain third party content providers are intended third party beneficiaries of these terms and conditions and may exercise all rights and remedies available to them; and (ii) certain third party content providers reserve the right to audit possible unauthorized commercial use of their materials or any portion thereof at any time.
International Users. amNY.com is controlled, operated and administered by Newsday from its offices within the United States. Newsday makes no representation that materials or Content available through amNY.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use amNY.com or export the Content in violation of U.S. export laws and regulations. If you access amNY.com from a location outside the United States, you are responsible for compliance with all applicable laws.
Modifying these Terms. Newsday reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of amNY.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.
Discontinuation of Service. Newsday may modify, suspend, discontinue or restrict the use of any portion of amNY.com, including the availability of any portion of the Content at any time, without notice or liability. Newsday may deny access to any Registered Member or other user at any time for any reason. In addition, Newsday may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Newsday, amNY.com or any of their assets.
Choice of Law. These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to amNY.com must be filed in a federal or state court located in Nassau or Suffolk Counties, New York.
Statute of Limitations. You agree to file any claim regarding any aspect of this site or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
No Class Actions. You agree no claim subject to these Terms of Service may be brought as a class action.
Severability. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.
No Waiver. Any failure of Newsday to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Section Titles. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
Termination. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Newsday, and all other provisions for which survival is equitable or appropriate.
Contact Us. To contact amNY.com, please use the following address: amNY.com, 330 34th Street, New York, New York 10001. Or, firstname.lastname@example.org
Copyright © 2010, Newsday LLC
Version: March 2010
Successfully targeting a younger, professional and more urban demographic than traditional newspapers. We live in a fast-paced environment and traditional newspapers that are 128 pages long are simply not conducive to the busy lifestyle of young professionals in New York City. By providing a newspaper that fits into this hectic lifestyle, amNewYork offers advertisers a highly effective means of reaching a demographic that was until now untouchable by traditional newspapers. A key demographic that understands the concept "free" and believes news should come at no cost - a mindset reinforced by today's prevalence of the Internet. By incorporating into our print campaign scripted street teams, Ads on Feet and strategically positioned hawkers in high-traffic, commuter-heavy locations, we offer your business an unheard of level of public awareness. Attract and reach urban, affluent, young professionals not being reached by traditional newspapers...Because of amNewYork, newspapers will NEVER be the same!
RATES: Your Business is important to amNewYork. Give a call and we will customize a print program to match your print and budget needs! Email brian.rice[at]am-ny.com or call 212-239-5398.
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SPACE is based on availability and can only be secured with a signed insertion.