Terms and Conditions
TERMS OF PURCHASE
Philadelphia Media Network, PBC Terms of Purchase
These Terms of Purchase apply to all digital and products purchased from Philadelphia Media Network, PBC (“PMN”), the publisher of The Philadelphia Inquirer, the Philadelphia Daily News, and philly.com and its affiliates, Philadelphia Media Network (Newspapers), LLC and Philadelphia Media Network (Digital), LLC.
Our Digital Products
Digital Products do not include any digital products offered for sale by third parties, including but not limited to electronic or digital versions of our publications, and archives of such publications offered for sale by third parties.
Digital Product Offers
You can find a description of our current digital and other subscription offers here. For information about your account, including the products that are currently included in your subscription, your billing cycle and other information, please go to My Account.
PMN reserves the right to change or discontinue any of its digital product offerings, the content offerings contained in those products, the way its product offerings are combined or separated, and these Terms of Purchase at any time.
A subscription entitles you, and up to 3 members of your immediate household to access your digital subscription. We reserve the right to restrict access to your account to enforce this limitation.
Your Purchase: Pricing and Billing
By agreeing to purchase any digital product from PMN, you agree to pay the price stated in your subscription order, plus any applicable fees and taxes.
Unless otherwise stated in your subscription order, your subscription will automatically renew for terms equal to the initial term of your subscription at the rate that applies to your subscription on the renewal date. We will continue to bill you at the applicable rate according to the billing cycle applicable to your subscription order, unless your subscription order provided otherwise, or you change or cancel your subscription.
By agreeing to purchase your subscription, you agree to pay for your subscription, as it renews at the applicable rate, unless you modify or cancel your subscription. You also agree to the billing frequency stated on your subscription order.
We reserve the right to change the price of our subscription offerings at any time. If the price of your subscription changes, we will notify you in advance of charging the new price, so you can accept that price or change or cancel your subscription before incurring charges for your subscription at the new price.
From time to time, we offer promotional offers and other discounts for new subscribers only. Restrictions may apply to those offers. These terms set forth in the offer shall apply to such offers, however, once the term of the promotional offer expires, these terms shall apply to the applicable subscription.
Terms that Apply to Digital and Print Subscription Packages
If your subscription includes print editions of The Philadelphia Inquirer and/or the Philadelphia Daily News delivered to your home, these terms shall also apply to your print subscription.
When you order your subscription, you will be charged an activation fee for home delivery, unless otherwise described in your subscription offer. If your newspaper is delivered outside our regular home delivery area, certain additional delivery charges may also apply, which will be described in your subscription offer. By agreeing to purchase your subscription, you agree to pay any applicable activation fee and additional delivery charges described in your subscription order, and to be billed for those charges in accordance with the terms of your subscription offer and these Terms of Purchase.
If your subscription includes print editions of The Philadelphia Inquirer and/or the Philadelphia Daily News delivered to your home, you will also periodically receive premium print editions throughout the year, which replace the regular editions on the date of publication and are charged at the applicable Sunday rate.
If your subscription includes a weekend or Sunday print home delivery edition, you will also receive certain bonus editions, which will be charged at the applicable daily rate.
The additional charges for bonus and/or premium editions will be reflected in your account and will accelerate the expiration date of the current term of your subscription. You may opt-out of bonus and/or premium editions, by calling our Customer Service Department at 215-222-2765, seven days a week, weekdays from 6:30 am to 3:00 pm and weekends from 7:30 am to 12:00 pm.
We reserve the right to include additional products that may be of interest to you with your print subscription, and will notify you in advance if such products increase your subscription rate or accelerate the expiration of your subscription, and give the opportunity to opt-out of such products before they are provided to you or you are billed for them.
For more information about your home delivery products, please go to https://myaccount.philly.com.
Changes and Cancellations
Unless stated otherwise in your subscription offer, you have the right to change or cancel your subscription at any time by calling our Customer Service Department at: 215.222.2765. Our Customer Service representatives are available seven days a week, weekdays from 6:30 am to 3:00 pm and weekends from 7:30 am to 12:00 pm. Your cancellation will be effective at the end of the billing cycle in effect at the time you cancel. Cancellations communicated by e-mail, or through commenting on our site, are not valid and will not result in the cancellation of your subscription. These purchase terms do not entitle you to any credit or refund. If you change your subscription, any credit balance that you have as of the date of the change will be applied to your new subscription.
We reserve the right to change or cancel your subscription at any time. If any of our digital products become unavailable for any reason, you will not be entitled to a refund.
Decisions regarding credits and refunds will be subject to our sole and absolute discretion.
We accept online payments of Visa, MasterCard, Discover and American Express.
We will process your payment and start your subscription as promptly as possible. Once you agree to purchase a subscription, we will charge you at the applicable rate and at the applicable billing frequency unless you change or cancel your subscription. We will use the payment method that you used to purchase your subscription for payment of the renewal of your subscription. You can view the status of your account anytime by going to My Account.
For purposes of keeping your payment card data up to date, and payment processing, we may share your payment card information with certain third parties that provide payment card processing services. If any of your payments are declined, we reserve the right to cancel your subscription. If you believe that we have cancelled your subscription in error, or wish to reinstate your subscription, please call our Customer Service Department at: 215.222.2765. Our Customer Service representatives are available seven days a week, weekdays from 6:30 am to 3:00 pm and weekends from 7:30 am to 12:00 pm.
If your credit card payment is denied, you remain responsible for your subscription charges until you cancel your subscription. We reserve the right to reject any order or payment at any time.
Related Third Party Products and Services
The use of our digital Products, such as our apps, may result in charges from certain third parties. We are not responsible for those charges.
We Appreciate Your Business
We thank you for your interest in our Digital Products. Please do not hesitate to call our Customer Service Department at: 215.222.2765. Our Customer Service representatives are available seven days a week, weekdays from 6:30 am to 3:00 pm and weekends from 7:30 am to 12:00 pm.
3. Purchases. Unlimited access to certain of our Products is available by purchase only. If you purchase any of our Products, that purchase is governed by our Terms of Purchase (See Above).
4. Access and Activation. To use our Products, you may need to register and/or activate your access. Click here to register. Click here to activate your access. Your subscription may provide you with the right to share your subscription with other members of your household. The use by anyone other than those authorized to use your subscription, as stated in your Subscription offer and our Terms of Purchase is strictly prohibited.
5. Registration. When you register for any of our Products, you submit certain information to us about you, and will create login credentials for the Product(s) you have agreed to purchase and/or use. You represent and warrant that the information you provide is accurate and you agree to update that information to maintain its accuracy.
6. Activity on Your Account. You are responsible for all usage and activity on your account, and which arises from the use of your registration credentials. Your account cannot be transferred to others.
9. Our Intellectual Property Rights.
a. The Products are the copyrighted works of PMN and/or its affiliates., as compilations and/or collective works. The material published through the works are the copyrighted works of PMN or its third-party licensors. As between PMN and you, PMN owns all rights in and to the Products, and all intellectual property included in the Products, including, but not limited to, compilations of materials published in or through the Products. The works of individual and creative expression and all other materials protected by intellectual property, including but not limited to. all articles, photographs, audio recordings, videotapes, and all other works of creative expression published on or through the Products (except any material contributed by you) rights are owned by PMN and/or its licensors.
b. You may not copy, use, re-publish, distribute, transmit or exploit, in whole or in part, any material published by or through the Products, or any intellectual property that is part of any Product, through any means or media, whether now in existence or created hereinafter, at anytime, anywhere in the world at any time, except as specifically authorized by PMN in writing, except that you may make one machine-readable or print copy of materials of particular interest to you for your own individual and personal use.
c. You may not collect any material or other intellectual property from our Products or enter such works into any database or process such materials through any means, including without limitation, digitizing such materials, except that you may make one machine-readable or print copy of materials of particular interest to you for your own individual and personal use
d. All trademarks, trade names, service marks, trade dress, logos, product names, and the design of our Products (the “Marks”) are the property of PMN or its licensors and are subject to U.S. intellectual property laws, including but not limited to trademark rights, which exist even if such Marks do not appear with symbols that designate them as subject to intellectual property rights. Any use of such Marks without the written permission of PMN in advance of such use is prohibited.
e. If you would like to seek permission to use any material published on our site, or any other intellectual property owned by PMN, please contact email@example.com.
10. Submissions and Comments. Our products provide you with the opportunity to express your views through various means, and to submit your own works of personal expression in various forms for possible publication through our Products. Certain of our Products may provide you with the ability to post content and communicate with others. By engaging in any of those activities, you represent and warrant that such material is your original work, that it does not infringe upon the intellectual property right or privacy rights of any third party, and that it does not violate any applicable law, including the laws of libel, slander and obscenity. You further represent and warrant that such contributions will comply with our commenting guidelines (See Below). PMN has the right to reject any contribution made by you, to remove any or all contributions made by you, and to prohibit you from making contributions, in its sole and absolute discretion. license to use, In submitting materials for publication in any of our Products and/or contributing those materials, you grant PMN an irrevocable, fully-paid, royalty-fee, worldwide, exclusive perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such materials, in whole or in part in any form, media or technology now known or later developed, through any means and media, whether now known or created hereinafter, for editorial, marketing, promotional and other purposes. You further agree that PMN shall have the right to sub-license such rights, without limitation or any further permission from you.
11. Limits on Your Conduct and Prohibited Uses.
a. You are prohibited from using our Products in any way that violates applicable laws, or the rights of any third party. You are also prohibited from doing anything that would adversely impact our Products or systems, or their operation, that would have an adverse impact upon any third party. This includes, among other things, introducing any virus (including but not limited to any worm), “Trojan Horse”, or any other action that could alter or change any of our Products, or their operation. Similarly, you may not take any action when using our Products, or any of them that would adversely impact any third party.
13. Links to Third-Party Websites. Our Products include links to certain third party web sites, and we are not responsible for any aspect of any such site or any activity or commerce that occurs on those sites.
14. Digital Millennium Copyright Act Notice. As a publisher of news and information, PMN is a publisher of copyrighted information. We expect you, and all third parties, to respect our rights in our copyrighted material. We also seek to respect the intellectual property rights of third parties. In the event that you discover any material published in any of our Products that you believe violated the copyright of any third party, please notify us in writing, by mail, at the following address: Philadelphia Media Network, PBC, 801 Market Street, Suite 300, Philadelphia, PA 19107 Attn: Legal Department. In order for us to investigate your discovery, that written notice must include all of the following information: (i) •An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) a description of the copyrighted work or a list of the works claimed to have been infringed, with sufficient detail to allow us to identify and locate the allegedly infringing material; (iii) your name, address, telephone number, and email address,; (iv) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a sworn statement made by you, under penalty of perjury, communicating that the information that you have provided to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
a. PMN IS PROVIDING ITS PRODUCTS “AS IS, AND YOUR USE OF THOSE PRODUCTS CONSTITUTES ACCEPTANCE OF THOSE PRODUCTS “AS-IS”.” WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY OF THE SERVICES OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. PMN, ON BEHALD OF ITSELF AND ITS AFFILATED COMPANIES, DISCLAIMS ANY LIABILITY FOR ANY AND ALL PRODUCTS, INCLUDING BUT NOT LIMITED TO, ANY LIABILITY FOR THE CONTENT PUBLISHED ON OR THROUGH SUCH PRODUCTS, THE AVAILABILITY OF THE PRODUCTS, AND THE ACCURACY OF MATERIAL AVAILABILE THROUGH THE PRODUCTS. IF YOU RELY ON ANY PRODUCTS AND ANY MATERIALS MADE AVAILABLE THROUGH THE PRODUCTS, YOU DO SO SOLELY AT YOUR OWN RISK WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PMN 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 AVAILABILITY OF THE PRODUCTS, OR ANY OF THEM, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY PMN, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY PMN OR ANY THIRD PARTY. PMN 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 AVAILABLE THROUGH THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND PMN DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICES, TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PRODUCT(S).
16. Limitation of Liability IN NO EVENT WILL PMN OR ANY OF ITS AFFILIATED ENTITIES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCT(S) BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE, OF ANY OF OUR PRODUCTS, YOUR INABILITY TO ACCESS SUCH PRODUCTS, ERRORS IN OUR PRODUCTS< DELAYS IN THE AVAILABILITY OF OUR PRODUCTS OR THE UNAVAILABILITY OF ANY PRODUCT(S) FOR ANY DURATION OF TIM AT ANY TIME FOR ANY REAON OR NO REASON AT ALL.
18. Violations of our Terms. If you violate any of these terms, we reserve the right to fully enforce all our rights under applicable laws. We reserve the right to cooperate with law enforcement authorities in their efforts to enforce applicable laws.
19. Termination. We reserve the right to terminate your use of our Products immediately and without notice to you in our sole and absolute discretion, at any time.
Philadelphia Media Network, PBC
Philadelphia Media Network, PBC is a Public Benefit Company organized under the laws of Delaware, It is headquartered in Philadelphia, Pennsylvania. Through its affiliated companies, PMN publishes news and information through The Philadelphia Inquirer and the Philadelphia Daily News, and through philly.com. PMN is also engaged in other activities related to its publications.
Scope of Policy.
Information that We Automatically Collect.
If you visit philly.com without registering as a user, we will gather, collect and store certain information about your use of our site automatically to allow us to analyze the use of the Site. The information that we automatically gather, collect and store, includes information about the personal computer, tablet, smart phone or other electronic device you use to access the Site, and may include internet protocol addresses, the type of browser you use, browser language(s), unique device identifiers, geolocation information and other information about your mobile phone or other mobile device(s), the location from which you accessed the Site or used any of our apps. That information may also include data about your use of the Site, including, for example, the pages that you have viewed on our Site, the time(s) that you have accessed the Site, the amount time you have spent on the pages you have visited on our Site, the date(s) and time(s) that you have accessed the Site, the number of times you have “clicked” each time you use the Site, how often you visit the Site, search data and search results and other information. In order to automatically collect information of our users’ use of the Site and our apps, we use certain third parties and their technologies. Those technologies include cookies. In some cases cookies allow us to collect information about the use of our Site by users who have not registered with the Site. None of that information is personally identifiable information.
Information We Collect When You Register with and/or sign into our Site.
When you register with philly.com, we collect the following information from you: your name, email address, postal address, phone number, mobile phone number, gender and birth year. Certain features of our Site (for example, subscription offers for print and digital editions), also request payment information. Registering on philly.com allows you enhanced participation in the services offered on philly.com, including commenting on certain articles on our site, connecting with the Site through social networking sites, entering contests and sweepstakes we offer, signing up to receive news updates, text messages and promotions from PMN and our advertisers, and downloading and/or using our mobile applications.
When we collect information about your location, we sometimes use that information to provide you with information and advertising customized for that location. In order to do that, we share certain location information about you with certain third-party technology providers and advertisers, or their service providers, who may have access to your IP address, zip code or other general location information. If you access the Site through a mobile device with GPS or similar functionality, and do not want to share this location information, you can disable the GPS or other location-tracking function on the mobile device, if your device has that capability.
Access to Information We Have Collected About You.
If you wish to access the personal information we have collected about you, or to update that information, please go to: https://www.google.com/settings/ads/onweb
How We Use the Information We Collect.
We use the information that we collect for a wide range of purposes, including to provide you with Customer Service, to send you alerts regarding news and/or information that is of interest to you through e-mail, text messages, and/or SMS, to notify you about special offers, to attribute comments that you post on our Site or through SMS to you, to respond to other inquires made by you, to administer contest, sweepstakes or games of skill that you have entered on our Site, and for any other purpose for which you have provided information to us. We also use the information that we collect to produce reports and data about our user base and Site usage, to perform analytics and research aimed at improving our Site, to allow us to tailor your experience on the Site to your past usage and preferences, to display advertising suited to those preferences when you use the Site, to enforce our Terms of Service and to administer the operation of the Site.
When we send you e-mails that include promotional material, special offers or advertising on behalf of our advertisers and/or sponsors, we will include an opt-out that allows you to direct PMN to stop sending you those e-mails in the future.
Information Shared with Third Parties.
If you sign up to participate in a contest or sweepstakes, or to attend an event that we sponsor or host, we may share the information you provide to us to our sweepstakes or contest advertisers, operators, administrators or sponsors and the use of that information will be also governed by those advertisers’, operators’, or sponsors’ privacy policies or practices. We may also use that information, and/or allow third parties to use that information to provide you with special offers, and /or information about other contest, sweepstakes, promotions and/or events. We may also share information about you with our advertisers, for the purpose of allowing our advertisers to promote their goods and/or services to you, either through our Site or directly to you.
In the event that PMN is sold, merged, or re-organized, we reserve the right to share information about you with the buyer, successor, merged entity or other person or entity similarly situated.
PMN and its service providers may also use other technologies, such as Flash technologies, Web beacons or pixel tags, and other similar technologies, to deliver or communicate with cookies and track your use of our Site and the services available through our Site, and to serve our users with advertising when you are on other websites or the Internet when those cookies can be accessed. We also may include certain tracking tools in e-mail or text messages or newsletters to determine whether the message has been opened and to provide us with other information that measures that success of our communications with you. Our use of technology is constantly changing, and our use of technology to gather information about the use of our Site by our users will continue to advance, which may lead to additional gathering, collection, storage and use of our user’s use and experience on the Site.
How We Use Data Analytics and Certain Other Third Party Technologies.
We may also use certain other third party technologies to collect information about your use of other websites. Those technologies may provide us with your IP address and identify any web site that you visited immediately before using the Site. Those third party providers collect and use that information and provide it to us. We use that information to help us understand and analyze your use of the Site, and to better tailor advertising you see when you use the Site, to your preferences.
We may use third-party web analytics services on our Services to obtain information about how philly.com users use the Site. That information may be collected, gathered, stored and used by PMN and those third party providers for the purposes of analyzing your use of the Site. The information gathered, collected, stored and used through those analytics technologies may include the identity of any third-party website(s) that you used prior to arriving at philly.com, your interaction with ad impressions, and your IP address. We also use information provided by or through third party analytics technologies to tailor our serving of advertising to the interests of our users, to allow our advertisers to target their marketing efforts. The information gathered through analytics is also used to develop reports regarding usage of the Site.
Steps We Take to Protect Certain Information.
Disclosure of Your Information Through Legal Process.
Links to Third Party Sites.
The Site is hosted in the United States and is governed by the laws of the United States of America and the Commonwealth of Pennsylvania applicable to contracts performed wholly therein.
The Site is not intended for use by individuals under the age of 13. Accordingly, PMN prohibits individuals under age 13 from using the Site. By using the Site, you represent and warrant that you are at least 13 years of age.
If you have questions or comments regarding this policy, please contact us through our feedback form: http://www.philly.com/philly/about/feedback/
Philly.com Commenting and Contribution Rules
We welcome your comments and contributions on our site. Certain areas of Philly.com provide opportunities for you to comment on stories that we publish while other areas of Philly.com seek your submissions of content that we may use in our coverage. We believe those comments and contributions are an important aspect of social discourse and we encourage you to participate in them. Of course, all discourse and contributions should be civil and respectful, and with that in mind, we have developed rules that apply to all comments and contributions to our site by our users. Those rules are below. Additionally, certain areas of Philly.com have specific guidelines that also apply to comments and/or contributions. In those cases, these rules supplement and modify those specific guidelines. In the event of any conflict between those guidelines and these rules, these rules take precedence. When you comment on material published on Philly.com or contribute content of any kind, including comments, articles, photos, videos or audio recordings, you agree to follow the rules below:
1. Submissions. You agree to be responsible for the comments and content you submit and to only submit your original work, and the work of third parties that you have the right to use. To the extent that the publication of any submission requires permission from a third party, such as a photographer who created a photo, individuals who appear in a photo, the parents of a minor in any photo or video, the owner of a trademark, or the author of material contained in any submission, you represent that you have obtained that consent. If you submit any material that is the work of a third party, you represent and warrant that you have the right to use that work, and you agree to submit it with proper accreditation to the author and/or rights owner.
2. Appropriate Content. All submissions must be appropriate and truthful, and must not infringe upon any intellectual property or privacy rights, or violate any other applicable law. Any submission that is libelous, constitutes slander or profanity, an invasion of privacy, or that violates any other law is not appropriate.
3. Grant of Publication Rights. In submitting comments and content to Philadelphia Media Network, you grant to PMN the right to use such comments and material in Philly.com, the Philadelphia Inquirer and the Philadelphia Daily News. You also grant PMN the right to provide third parties with the right to publish that content and those comments, as such submissions first appeared on Philly.com, and/ or in combination in archives, and content collections, through any means or media whether now in existence of created hereinafter, including in print, online, in microfilm, CD-roms, in any other format, and through means and media whether in existence now or developed in the future, without obtaining any further permission from you. You agree that the opportunity to have your comments and/or content published by or through PMN is adequate compensation for the grant of those rights and for all other consideration that you agree to provide under these rules and/or PMN’s commenting guidelines .
5. Age Requirement. If you are under the age of 18, you may not submit comments or content to Philly.com.
6. Acknowledgement. You acknowledge that PMN is not responsible for any user comments or submissions. As such, PMN cannot vouch for the truthfulness or legality of such submissions, and disclaims responsibility for them.
7. Responsibility for Content. By submitting comments or submissions, you agree to be responsible for it. Accordingly, you agree to indemnify, defend and hold harmless PMN, together with its affiliates from and against any and all claims brought against any or all of them by any third party as a result of any submission of any content or comment by you to PMN.
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