Terms and Conditions
1. Ownership of STM Content and Services. 1010 Content, LLC (hereinafter “1010”) publishes STM, owns and operates the Website, and owns all proprietary rights in STM and the Web Site. Said proprietary rights include, without limitation, all trademark rights in STM’s name and logo, all services such as its news aggregator service, its original content, and all copyright and other rights in STM and any other content or services that 1010 offers, displays, or posts on the Web Site (hereinafter the “STM Content”).
2. Modification of TOU. 1010 Content, LLC (hereinafter “1010”) publishes STM and owns and operates the Web Site. Accordingly, 1010 may modify these TOU without notice to Subscriber, so Subscriber is advised to check the TOU periodically for any changes.
3. Eligibility. You must be eighteen (18) years of age or older to subscribe to STM or to initiate or conduct a trial subscription.
4. Term. TOU will remain in full force and effect as long as You are a Subscriber. Certain of these TOU shall remain in full force and effect following the termination of your subscription.
5. License to Use STM Content and Services.
- a. You may print out the current issue of STM or individual articles from any issue, subject to the TOU. However, You may not share your log-in credentials or any printed copy of any issue of STM, or any printed individual article from any issue, with any person that is not a subscriber to STM, including persons at your organization that are not subscribers to STM. Additionally, You may not:
- (i) e-mail any article from STM to more than one (1) recipient that is not a subscriber to STM (“Nonsubscribers”);
- (ii) e-mail more than one (1) article from STM to any Nonsubscriber during any trial subscription of STM;
- (iii) use the function on STM Web Site that enables e-mailing of articles to circumvent the TOU;
- (iv) display or distribute any STM Content unless expressly authorized in writing by 1010 to do so prior to any such display or distribution;
- (v) delete, add to, translate, or otherwise modify any STM Content;
- (vi) create any other content based on any STM Content in any form or medium;
- (vii) incorporate any STM Content into any other content or material of any kind, in any form or medium;
- (viii) sell or offer to sell any STM Content;
- (ix) store any STM Content on or save any STM content to any disk drive or computer server; or
- (x) do anything with or to any STM Content that is not expressly permitted by Section 5(a).
- b. You may not display STM name or logo for any purpose other than as part of any STM Content.
- c. You may only use 1010’s services and display the content of the services for your own use as a paid individual subscriber and licensee to 1010’s services and content and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, You may not take the results from STM’s news aggregation services and reformat and display them, or share the results with any other individual or organization that is not a paid subscriber and licensee. If You are uncertain whether your intended use of the Service is permissible, please contact 1010. In addition, 1010 shall have the right in its sole discretion to suspend or terminate your subscription and/or your access to same.
6. Termination. If 1010 discovers that You have breached any part of the TOU, 1010 may terminate your subscription without any refund and take whatever other actions 1010 feels are necessary to protect its rights, in law and equity, as to STM Content or Services.
7. Capacity. You represent and warrant that You more than eighteen (18) years of age and are fully able and competent to enter into the TOU, and to abide by and comply with the TOU.
8. No Representations or Warranties by 1010. Web Site is provided “as is,” with all faults, and 1010 makes no express or implied representations or warranties, of any kind related to this Web Site or the materials contained on this Web Site.
9. Indemnity. You hereby agree to indemnify and hold harmless 1010, its owners, subsidiaries, affiliates, officers, agents, and other partners and employees, from any loss, liability, claim, demand, fees and expenses, including reasonable attorney’s fees, made by any third party (which means anyone other than You or 1010) due to or arising out of your use of the Web Site, including, without limitation, any claim arising from your breach of these TOU, any breach of your representations and warranties set forth above, or your sharing of any information from the Web Site with any third party other than as permitted by the TOU. This obligation will survive termination of this Agreement.
10. Assignment. 1010 shall be permitted to assign, transfer, and subcontract its rights and/or obligations under the TOU without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under the TOU.
11. Limitation of Liability.
- a. You understand and acknowledge that under no circumstances shall 1010 be liable to anyone whom you provide STM content to or for any decisions that You or such other person may make based upon the viewing of any STM content, or by reason of any information or advice received through, or advertised in connection with, the Web Site or any links thereon.
- b. You understand and acknowledge that under no circumstances shall 1010 be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (even if 1010 receives advanced notice of the possibility of same) resulting from any aspect of your use or any STM content, the Web Site, or the use of STM content or the Web Site by any person to whom You provide STM content.
12. Severability. If any part of the TOU shall be held unenforceable, the rest of the TOU will nevertheless remain in full force and effect.
13. Section Headings. The section headings contained in the TOU are for reference purposes only and shall not affect in any way the meaning or interpretation of any, or all of the provisions of the TOU.
14. Governing Law/Jurisdiction. This Agreement shall be governed by, and interpreted pursuant to, the laws of the State of New York, and any litigation regarding this Agreement shall be brought in the United States District Court for the Southern District of New York. You agree not to contest the exercise of personal jurisdiction by the aforementioned court.
15. Waiver/Modification. The waiver by 1010 of a breach or violation of any term or provision of the TOU by You shall not operate, nor be construed as a waiver of any subsequent breach or violation of any provision of the TOU, nor of any other right or remedy. Any waiver of any of the TOU will not be construed to be a waiver of any other of the TOU or a subsequent waiver of the same term of use.
Verification. By subscribing to STM, you hereby assert that you have read and agreed to abide by 1010’s TOU.