Terms of Use

The website located at WashingtonExaminer.com (the "Site") is owned and operated by The Washington Newspaper Publishing Company LLC (“Washington Examiner”), located at 1015 15th St. NW, Suite 500, Washington, DC, 20005. These Terms of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use the Site.

To the extent rules or guidelines affecting your use of the Site are found on other pages of the Site, those rules and guidelines are hereby incorporated by reference into these Terms of Use. By using the Site you (hereinafter either "you" or "User") agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of this Site.

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check the Site regularly for changes to the Terms of Use. Modifications shall become effective immediately upon being posted at the Site, without further notice to you. Your continued use of the Site after such modifications are posted constitutes an acknowledgement and acceptance of such modifications. Except as provided in this paragraph, these Terms of Use may not be amended.

Description of Service

Our Site features a wide array of content, including but not limited to, news, information, audio, video, interactive data features, user comments, and more (collectively “Content”). To the extent new Content, services, or features are added to the Site in the future, the use thereof is subject to these Terms of Use.

Privacy Policy

Our Privacy Policy describes the information we collect when you and others use this Site, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Modifications and Interruption to the Site

Washington Examiner reserves the right to modify or discontinue all or any portion of the Site with or without notice to you. Washington Examiner will not be liable if it should exercise this right. You acknowledge and accept that Washington Examiner does not guarantee continuous, uninterrupted or secure access to the Site, that operation of the Site will not be uninterrupted or error free, and that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefor. We encourage our users to review the terms of use and privacy policies of third-parties' sites.

Your Obligations

As a condition of your right to use the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or other country.

Registration on the Site

Certain features of our Site will require you to register by providing your personal information, such as your name, e-mail address, or other information. For example, you may wish to register on our site to receive one or more of our email newsletters. You may start or stop your receipt of these email newsletters at any time via the links in every newsletter. You may also wish to register to post comments to articles on our Site, which requires the creation of a Disqus account, or you may log in using one of the social media accounts listed in our comments sections. Any comments you post on our Site are subject to these Terms of Use, including the prohibitions on certain Content as described below.

If you wish to register on our Site you agree to provide accurate information about yourself as required by the applicable registration form, and you further agree that you will update such data to keep it current. Washington Examiner reserves the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate. If you register on our Site, you may not share your log-in details (e.g. username and password) with any other person or authorize any other person to log-in with your account. You are responsible for maintaining the confidentiality of your log-in details and you are fully responsible for all activities that occur under your account. You agree to notify Washington Examiner immediately of any known or suspected unauthorized use of your account or any other breach of security. The Examiner Parties cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your log-in data.

User-Submitted Content and User Conduct

Any Content posted to our Site by our users, including without limitation comments regarding articles, or other content which does not originate with Washington Examiner (“User Content”), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will Washington Examiner be liable in any way for any User Content made available through this Site by you or any third party. Since Washington Examiner does not necessarily pre-screen or review the User Content posted on the Site, it cannot and does not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing the Site, you may encounter Content that you may consider to be objectionable. Washington Examiner has no responsibility for any User Content, including without limitation any errors or omissions therein.

You agree that you will not use the Site to transmit or make available any Content that:

  • violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable;
  • infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
  • contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual under the age of 18;
  • you know or have reason to know is false, misleading, or fraudulent;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
  • incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
  • contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use the Site to:

  • engage in any conduct which might be harmful to others;
  • impersonate or misrepresent your affiliation with any person or entity;
  • engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

In addition, you are prohibited from interfering with or disrupting the Site, or servers or networks connected thereto. 
 Washington Examiner reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on the Site. You agree that the exercise by Washington Examiner of such discretion shall not convert or transform User Content to Content owned or provided by Washington Examiner, and the user who made such User Content available on the Site will retain ownership thereof as described below.

Ownership of User Content

If any User Content is your original work, then you own the copyright in that work. Washington Examiner does not claim any copyrights in original works created and posted by individual visitors to this Site. However, by uploading, posting, transmitting or otherwise making any User Content available on or through this Site, you are granting Washington Examiner, and its parent, subsidiaries, and affiliates, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.

Ownership of Feedback

Washington Examiner welcomes your feedback regarding this Site. All information and materials submitted to Washington Examiner, such as any feedback, ideas, questions, proposed features or the like regarding or relating to the Site or the business of Washington Examiner or its Related Entities (collectively, "Feedback"), will be considered non-confidential and non-proprietary with regard to you, but Washington Examiner reserves the right to treat any such Feedback as the confidential information of Washington Examiner. 
By submitting Feedback to Washington Examiner, you assign to Washington Examiner and its Related Entities, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. Washington Examiner will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs or original artwork. 
You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

Disclaimer Regarding Third Party Content

Some of the Content and features on the Site, including without limitation User Content, have been provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on the Site created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Site (including without limitation advertisers on the Site) and you acknowledge that any reliance on representations and warranties provided by any party other than Washington Examiner will be at your own risk. You expressly agree to hold Washington Examiner harmless for any claims of damage arising from any product or service provided by any third party.

Copyright and Trademark Information

All Content included or available on this Site, including Site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright The Washington Newspaper Publishing Company LLC, with all rights reserved, or is the property of third parties who have licensed such Content to Washington Examiner, and is protected by the intellectual property rights of those owners. Any use of materials on the Site, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Washington Examiner, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of Washington Examiner. 
You may use the Content solely for your personal, non-commercial use, except that a commercial website is permitted to link to the Site provided that the page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by Washington Examiner. 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. You may not make any use of Content owned by any third parties which is available on Washington Examiner, without the express consent of those third parties. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of this Site will be deemed by Washington Examiner to be an intentional infringement. 
All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Washington Examiner.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WASHINGTON EXAMINER AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, CONTENT AND SERVICE PROVIDERS, LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “EXAMINER PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EXAMINER PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON THE SITE, WHETHER BY WASHINGTON EXAMINER, INDIVIDUAL USERS OF THE SITE, OR THIRD PARTY CONTRACTORS OR LICENSORS OF WASHINGTON EXAMINER. 

UNDER NO CIRCUMSTANCES, WILL ANY OF THE EXAMINER PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY EXAMINER PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. 
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE EXAMINER PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS. 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Examiner Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Site in a manner not permitted by the Washington Examiner, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of the Site using your computer, mobile device or account.

AP Content

The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing this Site, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time.

Notification of Claimed Copyright Infringement

In the event that you find Content posted on the Site which is believed to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact Washington Examiner’s Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:

  1. your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner
  2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  4. if your claim is based on a registered work, the trademark, patent, or copyright registration number, and the date of issuance of the registration;
  5. a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
  6. your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  7. a statement that all of the information you have provided is true.

Please send your notice of alleged infringement to: 
 The Washington Examiner attn. Steve Sparks, 1015 15th St. NW, Suite 500, Washington, DC, 20005
, E-mail: ssparks@mediadc.com

Other Content Complaints

If you believe that any Content on our Site violates these Terms of Use or is otherwise inappropriate, please report the Content by completing the form on our Site’s “Contact Us” page.

Links to the Site and RSS Feeds

Unless otherwise prohibited under these Terms of Use, you are hereby licensed to create hyperlinks to Content on the Site, provided that the hyperlink accurately describes the Content to which it links on the Site. In addition, individuals and non-commercial organizations are hereby granted a license to implement the RSS feeds offered by our Site. If you wish to inquire about use of the RSS feeds on a commercial website, please contact our web staff.

When you include links to our Site on your website (including RSS feeds) when the link is clicked, the applicable page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. Washington Examiner reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause. Under no circumstances may you "frame" the Site or any of its Content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages.

Governing Jurisdiction of the Courts of the State of Virginia

Our Site is operated and provided in the State of Virginia. As such, we are subject to the laws of Virginia, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site is appropriate, legal or available for use outside of the United States. Accordingly, if you choose to access our Site you agree to do so subject to the internal laws of Virginia. The state and federal courts of Virginia will serve as the venue for any actions brought, or claims made, arising out of your use of this Site.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

Other Terms

If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Washington Examiner, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. 
You agree and understand that these Terms of Use constitute the entire agreement between you and Washington Examiner regarding your use of the Site, and that any and all prior agreements between you and DC Examiner are superseded by these Terms of Use. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with Washington Examiner (including without limitation an agreement to provide content for the Site such as through a blog or freelance author agreement). You may not amend these Terms of Use. 
 
Any failure by Washington Examiner to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. If any term of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties' intentions as reflected in the provision, and that all of the other provisions of these Terms of Use will remain in full force and effect. 
 
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of site or relating to the terms of these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Effective Date of these Terms of Use

This version of the WashingtonExaminer.com Terms of Use is effective as of July 20, 2013.