Gawker.com Terms of Service
Welcome to Gawker.com! By using Gawker.com (including by simply viewing content on Gawker.com (the “Site”), you are agreeing that you will abide by the terms of the following User Agreement, which is set forth in its entirety below. Your access to and use of Gawker.com is conditioned on your acceptance of and compliance with this User Agreement.
 
User Agreement
 
This User Agreement (the “Terms”) describes the terms on which we offer you access to the Service, defined below. Capitalized terms used in these Terms shall have the meanings set forth below under “Definitions” or in the text of these Terms. Our offer to allow you to access the Service is conditioned on your agreement to all of the terms and conditions contained in these Terms, including your compliance with the policies and terms linked to (via URLs or hyperlinks) from this Agreement, including our Privacy Policy. If you do not agree to be bound by these Terms in their entirety, you must cease accessing or otherwise using the Service in any way. Your use of any of the Service constitutes your agreement to these Terms.
 
We may amend these Terms at any time in our sole discretion, effective upon posting the amended Terms at this URL where the prior version of these Terms was posted or by communicating these changes through any written contact method we have established with you. Your use of the Service following the date on which such amended Terms are published will constitute consent to such amendments. However, if you cease using the Service upon such publication, your relationship with us will continue to be controlled by the previous version of these Terms. You agree that you will periodically check this page for updates to these Terms, and read the messages we send you to inform you of any changes.
 
DEFINITIONS
 
“Company” or “Gawker” or “We” shall mean Gawker Media LLC, and/or any successors, affiliates or subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors, individually and collectively, doing business as Gawker or otherwise.
 
“Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded to the Site or otherwise integrated into the Service, including User-Contributed Content.
 
“Kinja” shall mean the platform hosting the Site prior to September 9, 2016.
 
“Service” shall mean any of the internet based or other services offered by the Company, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cellphone or otherwise.
 
The “Site” shall mean Gawker.com.
 
“User-Contributed Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded to the Site or otherwise integrated into the Service by a third-party user of Kinja prior to September 10, 2016.
 
1. Using the Site
 
Eligibility: You may use our Service only if you are capable of forming a binding contract with Gawker in compliance with the Agreement.
 
User Responsibilities: You are solely responsible for your use of our Service, and for any consequences thereof.
 
No Changes to the Software/Prohibited Uses: In exchange for being permitted to use the Service, you agree that you will not:
 
modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Service or any portion of any website on which the Service is offered (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
use the Service in any manner that could damage, disable, overburden, or impair the Service or another user's use of the Service;
remove, obscure or change: any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Service or any website on which the Service is offered; Company code embeddable or embedded on a third party web site; and/or Company software;
use the Service to violate the security of any computer network or transfer or store illegal material;
interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or Content;
disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program, or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;
copy or adapt the Service’s software including but not limited to CSS, Flash, PHP, HTML, JavaScript or other code;
reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) to generate web pages or any software or other products or processes accessible through the Service;
except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software; or
make improper use of the Company’s support Service or submit false reports of abuse or misconduct.
 
2. User-Contributed Content
 
Prior to September 10, 2016, registered third-party Kinja users were able to contribute User-Contributed Content to the Site (“Kinja Contributors to Gawker.com”). In exchange for the ability to do so, Kinja Contributors to Gawker.com agreed to certain representations and obligations (the “Kinja Terms of Use” and “Kinja Content Guidelines”), including that Kinja Contributors to Gawker.com should only have provided User-Contributed Content that does not violate any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights. Gawker reserves the right, but is not obligated, to remove any User-Contributed Content in its sole discretion, including, but not limited to, User-Contributed Content it deems in violation of the Kinja Terms of Use and Kinja Content Guidelines. Gawker does not control or endorse the content, messages or information found in User-Contributed Content or external sites that may be linked to or from a Gawker product or its forum and, therefore, Gawker specifically disclaims any responsibility with regard thereto. Gawker shall have no liability for the User-Contributed Content or interactions of Kinja Contributors to Gawker.com with other users, or for any Kinja user’s action or inaction. Notwithstanding the foregoing, any questions or concerns relating to User-Contributed Content should be directed to: email: gawkerterms@gawker.com; mail: 10 East 53rd Street, 33rd Floor, New York, New York 10020; telephone: (212) 388-4000.
 
3. Licensing Agreements
 
Site License: All right, title, and interest in and to the Service (excluding User-Contributed Content) shall remain the exclusive property of Gawker and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Gawker name or any of the Gawker trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Gawker or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
 
Subject to your acceptance of these Terms, Gawker grants you a Creative Commons Attribution Non-Commercial License, which is a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only (i.e. you may not use the Service to provide or serve or permit others to provide or serve ads or contests or sweepstakes), and as permitted by the features of the Service. This license does not include the right to republish images or other content which Gawker Media LLC does not own the copyright for or have permission to license in this way. Gawker reserves all rights in the Service and Content not expressly granted herein. Gawker reserves the right to terminate your license to use the Service at any time and for any reason or in the future to charge for commercial usage.
 
4. Privacy
 
We care about the privacy of our users. You understand that by using the Service you consent to the collection, use, and disclosure of aggregate data as set forth in our Privacy Policy, and to have that data collected, used, transferred to and processed in the United States and abroad.
 
5. Information Sharing
 
Gawker has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of user information we maintain. Sensitive records are to be retained only as long as necessary for business or legal needs and destroyed before disposal.
 
Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information. If you become aware of a security issue, please contact us by email at gawkerterms@gawker.com, by phone at (212) 388-4000, and/or by mail at 10 E. 53rd St., 33rd Floor, New York, NY 10020.
 
Our servers automatically record information ("Log Data") created by your use of the Service. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Service, for example, when you visit the Site. The Company may log all internet protocol addresses accessing the Service and other information about users' access, and maintain backup copies of Content indefinitely.
 
The Company reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message or User-Contributed Content posted by you or where such information is otherwise relevant.
 
6. Third-Party Links Disclaimer and Release
 
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Gawker. Gawker does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms and Gawker’s Privacy Policy do not apply to your use of such sites. You expressly release Gawker from any and all liability arising from your use of any third-party website, service, or content. Your dealings with or participation in promotions of third parties found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Gawker shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
 
7. Copyright Policy and Third Party Rights
 
If Gawker receives notice that Content posted is unlawful or not in keeping with the Terms or the intended use of the Service, we reserve to right to remove the material. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). The text of the Act can be found at the U.S. Copyright Office Web Site.
 
To file a notice of copyright infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion.
 
In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (212) 388-4000 to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers! To enable us to address your concerns, please provide the following information:
 
For each allegedly infringing image, video, music, or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image, video, music, or piece of text: Proof of copyright in the image, video, music, or piece of text concerned, namely proof of registration; OR, absent such registration, a detailed description and evidence to support your claim that you own the copyright in the image, video, music, or piece of text. We will not comply with requests to remove an image, video, music, or piece of text where the complainant cannot prove that they own the copyright in the Content in question.
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the document and fax it to (212) 220-9504, Attn: Gawker Media / DMCA Complaints, OR mail it to 10 East 53rd St., 33rd Floor, New York, NY 10020, Attn: Gawker Media / DMCA Complaints, OR email it to: gawkerterms@gawker.com.
 
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the Site.
 
8. Termination of Agreement
 
You may discontinue your use of the Service at any time without informing us.
 
Gawker may, without prior notice, change the Service, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend access to the Service without notice and liability for any reason.
 
All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Gawker or any third party.
 
Deletion of User-Contributed Content. On termination of the Service or upon deletion of particular pieces of User-Contributed Content from the Service, you acknowledge and agree that: (a) caching of, copies of, or references to the User-Contributed Content may not be immediately removed; (b) such removed User-Contributed Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed User-Contributed Content may be available (and stored on servers) through the accounts of Kinja users, because of liking. You agree to release and indemnify Gawker from all claims related to the retention of deleted content.
 
9. Indemnity
 
You agree to defend, indemnify and hold harmless Gawker and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; or (iv) your violation of any applicable law, rule or regulation.
 
10. Warranty, Disclaimer, and Limitations of Liability
 
Your access to and use of the Service or any Content is at your own risk.
 
SERVICE IS AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, GAWKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
 
Gawker makes no representations or warranties of any kind with respect to the Service, including any representation or warranty that the use of the Service will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Gawker also makes no representations or warranties of any kind with respect to Content; User-Contributed Content, in particular, was provided by and is solely the responsibility of the Kinja Contributors to Gawker.com who contributed that Content. No advice or information, whether oral or written, obtained from Gawker or through the Service, will create any warranty not expressly made herein.
 
Release From Liability: Where applicable, you release, to the fullest extent permitted by law, Gawker, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) Disputes between Kinja users, including those between you and other Kinja users; (ii) Third party sites and services, including content found on such sites and services; (iii) Disputes concerning any use of or action taken using your Kinja account by you or a third party; (iv) Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Kinja account, including unauthorized use or alteration of such communications or your Content.
 
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAWKER, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GAWKER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GAWKER AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (USD$50) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
 
11. Waiver, Severability & Entire Agreement
 
Waiver: The failure of Gawker to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
 
Severability: In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
 
Entire Agreement: These Terms, including our Privacy Policy, are the entire and exclusive agreement between Gawker and you regarding the Service (excluding any services for which you have a separate written agreement with Gawker that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Gawker and you regarding the Service.
 
12. Legal Disputes
 
Applicable Law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Gawker, except as otherwise stated in these Terms.
 
Binding Arbitration. If you and the Company are unable to resolve a dispute through informal negotiations, either you or the Company may elect to have the dispute (except those disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
 
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Binding Arbitration provision above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Terms or a court order, you agree that any claim or dispute that has arisen or may arise between you and Gawker must be resolved exclusively by a state or federal court located in New York City, New York. You and Gawker agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating all such claims or disputes.
 
13. Statute of Limitations.
 
You and the Company both 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 the Service or these Terms (including the Privacy Policy) must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
14. Notification of Changes to Terms of Service.
 
Whenever we change our Terms, we will post those changes to this Terms of Service page, and other places we deem appropriate so that our users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use any of the Service, you agree and accept the changes and agree to the Terms.
 
15. Effective Date.
 
This statement of the User Agreement is effective as of September 9, 2016 and as updated by us from time to time subject to the notice language contained in the Terms.