Please read these TERMS OF USE (“Terms”) carefully. Your access to and/or use of the Services (as defined below) constitutes your legally binding agreement to be bound by these Terms.
THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION CLAUSE. PLEASE REFER TO AND READ SECTION 19 OF THESE TERMS.
These Terms govern your use of the websites, applications and software operated by NYP Holdings, Inc. (“Company”, “we”, “us” or “our”), publisher of the Peter’s World and the California Post, to which these Terms are linked or referenced to, including all content, features and functionality, and related services such as emails, newsletters, sweepstakes and promotions (collectively, the “Services”). These Terms apply whether you are accessing the Services via a personal computer, wireless or mobile device, or any other technology or device (each, a “Device”). These Terms do not cover other services, websites or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated. If you do not agree to these Terms, you may not access or use any portion of the Services.
These Terms apply to all users of the Services, whether or not you have registered for one or more of the Services, and by using the Services you agree to comply with these Terms and any additional terms and conditions that we provide to you in connection with your use of or access to same (“Additional Terms”). The Services may also provide rules of participation for certain activities within the Services, including, without limitation, contests, sweepstakes, membership programs, and other initiatives (“Rules”). The Company’s Privacy Notice (the “Privacy Notice”), the Additional Terms and the Rules together form a part of these Terms, and are incorporated herein by reference.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Services; charge fees in connection with the Services; modify and/or waive any fees charged in connection with the Services; and/or make available opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any other person for any modification, suspension or discontinuance of the Services or any component thereof.
1. Term. These Terms shall remain in full force and effect while you use the Services. You may terminate your use of or registration for the Services at any time, for any reason, and Company may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. These Terms shall continue to apply to your previous access and/or use of the Services after any such termination.
2. Modifications. We may modify these Terms from time to time and at any time in our sole discretion. Changes to these Terms of Use will be effective immediately or, if required by law, 30 days after notice to you, which may be given by posting the updated Terms of Use on our Service. Your use of the Services after these changes are made is subject to the Terms as modified thereby, and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms regularly, so you are aware of the most current rights and obligations that apply to you. The Last Updated legend at the top of this page indicates when these Terms were last revised. Customer service representatives are not authorized to modify these Terms of Use, either verbally or in writing, and any such modification shall have no effect.
3. Eligibility; Compliance. Use of the Services is limited to users 18 years of age and older. By using the Services, you represent and warrant that (a) you are 18 years of age or older and (b) your use of the Services does not violate any applicable law, rule or regulation. Certain features of the Services may be subject to heightened age and/or other eligibility requirements. If you provide information that is untrue, inaccurate, not current or incomplete, or Company suspects that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you. Company is based in the United States and the Services are provided from the United States. Company makes no representation or warranty that the Services or the Content (as defined herein) are appropriate or available for use in other locations. If you use the Services from a jurisdiction other than the United States, you agree to do so at your own risk, and you are responsible for complying with any and all local laws applicable to your use of the Services.
4. Proprietary Rights.
4.1 As between you and Company, Company owns, solely and exclusively, all right, title and interest in and to the Services and all content, data and information (including associated metadata) contained and/or made available through the Services (“Content”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term “Content” includes, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.
4.2 The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use and for no other purposes. No other uses are permitted or authorized. You may not exceed the limited rights and access provided to you under these Terms. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Services. All rights not expressly granted to you hereunder are reserved to us and our licensors.
4.3 Except as expressly authorized by Company, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, frame, scrape, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform) any Content without the express, prior written consent of Company or its owner if Company is not the owner. You shall not nor shall you make it possible for others to – access, collect, text or data mine any Content from the Services by automated means or any other method, whether directly or through an intermediary, intended to circumvent the prohibitions set forth in this Section 4 (e.g., robot, spider, script, service, software or any manual or automatic device, tool or process). For the avoidance of doubt, you shall not use any Content for any machine learning or artificial intelligence (AI) purposes, including, but not limited to, developing, building, training, fine tuning, or grounding or otherwise utilizing in any large language models (LLMs), machine learning tools, or generative AI systems.
4.4 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, other intellectual property rights, and all other rights specified in these terms, and shall enforce the same. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the procedures set forth in Section 10 below. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use of or access to the Services. For clarity, your use of our Services and Content is only permitted as expressly set forth in these Terms and your rights are not expanded, nor are any prohibitions modified or limited, in any way by our use or configuration of exclusionary protocols (e.g., the Robots Exclusion Protocol as implemented through robots.txt files).
4.5 Requests for permission to reprint individual articles or webpages can be made by submitting a request
5. User Registration. In order to access and use certain content, features, or functionality of the Services, we may require that you register for the applicable Services and have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your email address, legal name, country of residence, zip code, etc., and, for fee-based transactions and purchases offered by us, your physical address, telephone number(s), and applicable payment data and information (collectively, a “User Account”). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that you do not share your User Credentials with anyone. You agree to immediately notify Company of any unauthorized use of your User Credentials or User Account, or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) update, maintain and control access to your User Credentials and User Account, and (c) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any user of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. Company shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 5.
6. Personal Information. We respect your privacy and the use and protection of your personal information. In the course of your use of the Services, you may be asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of such personal information are set forth in the Privacy Notice. We encourage you to read the Privacy Notice, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of personal information. The Privacy Notice is available at https://petersworld.org/privacy/.
7. Payment, Pricing, and Related Terms. You must be 18 years of age or older to make any purchase (e.g., subscriptions, one-time purchases, etc.) of the Services, Content (as defined herein) or any other product or service offered through the Services by us. If you are less than 18 years of age, and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You hereby agree to pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases that are made using your User Account(s) or other information you supply to us via an authorized payment method at the time of purchase. Company or its designees reserves the right to change any and all prices for any Services and Content, for any reason. Purchases may be governed by Additional Terms. Purchases may also be controlled, handled, processed and/or fulfilled by third parties not affiliated with Company (a “Third-Party Processor”). Where a Third-Party Processor is responsible for controlling, handling, processing or fulfilling a purchase, all payment and other obligations regarding such purchase may be governed by the terms of use/service and privacy notice(s) of the Third-Party Processor. Accordingly, you should familiarize yourself with the applicable terms and policies imposed by any Third-Party Processor. Company makes no warranty, and accepts no liability for loss or damage whatsoever, relating to purchases with a Third-Party Processor and you are solely responsible for any and all transactions utilizing your information (personal, financial or otherwise) with a Third-Party Processor, including, but not limited to any and all fees and charges. Moreover, you acknowledge and agree that in the event a Third-Party Processor experiences a data breach that affects your information (personal, financial or otherwise), Company will in no way be liable or responsible to you for such breach.
8. User Conduct.
8.1 You are solely responsible for your conduct in connection with the Services. We want to keep the Services enjoyable for everyone and the use of the Services for unlawful or harmful activities is not allowed. While using the Services, you will not:
| (a) | engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity; |
| (b) | submit, post, email, display, transmit or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; |
| (c) | submit, post, email, display, transmit or otherwise make available through the Services any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity; |
| (d) | engage in or encourage conduct that affects adversely or reflect negatively on Company, its affiliates, or parent company, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to us in connection with the Services; |
| (e) | submit, post, email, display, transmit or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; |
| (f) | use the Services for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website or service; |
| (g) | modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user; |
| (h) | impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity; |
| (i) | forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services; |
| (j) | solicit passwords or personal identifying information for commercial or unlawful purposes from other users; |
| (k) | engage in spamming, flooding, harvesting of email addresses, other personal information or content, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity designed to text and/or data mine with the purposes of collecting user data, other information or Content; or |
| (l) | modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so. |
Company assumes no responsibility for monitoring the Services for inappropriate content or conduct. If at any time Company chooses in its sole discretion to monitor the Services, Company nonetheless assumes no responsibility for User Postings (as defined herein), assumes no obligation to modify or remove any User Postings, and assumes no responsibility for the conduct of any user. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates, or is suspected of violating, this Section 8, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that Company may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce these Terms; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Company, users or any third parties including acting in urgent circumstances.
8.2 We do not accept any unsolicited ideas via the Services or otherwise from outside the Company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea via the Services or otherwise, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
9. User Postings and Events.
9.1 The Services may provide you and other users with an opportunity to participate in blogs, forums and other message, comment and communication features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages and other content and information via the Services (each, a “User Posting”, and collectively, “User Postings”). You understand, acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated and that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available, including without limitation as set forth in Section 8. You may not submit a User Posting that is or may be construed as violating these Terms, including, without limitation, Section 8 above, or is deemed to be unacceptable to Company, as determined in Company’s sole discretion.
9.2 User Postings do not reflect the views of Company, its affiliates or parent company, and you understand that by using the Services, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable. Company has the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings. Under no circumstances shall Company be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available, nor shall Company have any obligation or liability to you or any third party for not removing any User Posting.
9.3 In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to Company the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Company, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in these Terms and granted to Company shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.
9.4 Company does not acquire any title or ownership rights in the User Postings that you submit and/or make available, and Company’s sole right to utilize the User Postings is set forth in Section 9.3, above. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (a) you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Postings does not violate these Terms, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; (c) you have the legal right and capability to enter into these Terms and perform and comply with all of its terms and conditions; and (d) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under these Terms and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Postings.
9.5 The Services may provide you and other users with an opportunity to appear or participate in in-person and virtual events. If you participate in such events, Company may record your voice, image (both video and static), appearance, name, likeness, biographical information, and any statements you make verbally or in writing (your “Likeness and Statements”). You hereby grant to Company, as well as any third parties that Company may designate from time to time, the fully-paid, royalty-free, sublicensable, irrevocable license to copy, display, perform, reproduce, make derivative works from, and otherwise use separately, or together, your Likeness and Statements, in whole or in part, in any and all media now known or hereafter developed, throughout the world, in perpetuity, for any lawful purpose, including, without limitation, in connection with (i) the subsequent broadcast, display, or dissemination of the events; and/or (ii) the promotion or advertising of Company or any such third party.
10. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. We strive for accuracy however time and resources are limited, please double check primary sources for accuracy before relying on any of the posted information.