To subscribe to DailyINK, you must be over the age of thirteen, and we ask for your name, birth date, e-mail address, billing address, and credit card information. You will also be asked whether we may contact you by e-mail with offers from King Features or third parties we think may be of interest to you. You can opt out of receiving these offers at any time by going to your Account Profile and checking No for 'Would you like to be notified by e-mail?'
Some areas of our sites require you to select a user name and password. Users will be responsible for maintaining the confidentiality of any user name and password, and we will not be responsible for misuse of any user names or passwords by any third party, whether authorized by a user or not. Some of our sites also have a policy of requiring that you not include certain identifying characteristics (such as street address or last name) in your public profile. Please check each site for any such restrictions.
If the email address you provide to us is a wireless email address, you agree to receive messages at such address from King Features (unless and until you have elected not to receive such messages by notifying us at support@DailyINK.com). You understand that your wireless carrier's standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
We may make available services through which you can receive messages on your phone or wireless device via short message service ('SMS Service') or wireless internet ('WAP Services'). We may also make available content and versions of our Web sites available via WAP and mobile phone service. If you subscribe to one of our SMS, WAP or mobile services, you thereby agree to receive such service at the address you provide for such purposes. Such messages may come from Hearst, or from third parties who we believe may have goods or services of interest to you (unless you have elected not to receive such messages at the time you subscribe). Our wireless carriers and providers are not responsible for the content of our wireless services or any of the messages you may receive from us.
You understand that your wireless carrier's standard rates apply to these messages, and that you may opt-out of receiving them by notifying us at support@DailyINK.com.
You acknowledge and agree that the SMS, WAP and mobile services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of such services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the services. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
By signing up for any SMS, WAP or mobile service, you consent to receiving, from time to time, further messages which may include news, promotions and offers from us, our affiliates and partners, and unless and until you have opted-out of these activities by notifying us at support@DailyINK.com. Please follow the instructions provided to you by third parties to unsubscribe from their messages.
Everything you see or read on the King Features sites is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our site without our permission. Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited. You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the sites or that tampers with any copyright protection mechanisms applicable to content on any sites. Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our magazine sites have designated an agent to receive notices of claims of copyright infringement: Audra B. Hart, Esq., 300 West 57th Street, New York, New York, 10019, tel: 212-969-7590; email@example.com. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:
We may give notice to our users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party.
The importance of security for all personally identifiable information associated with our users is of utmost concern to us. Although security on the Internet can never be guaranteed, we endeavor to exercise great care in providing secure transmission of our users' personal information from their computers to our servers by utilizing encryption software. Only those employees who need access to our users' information in order to do their jobs are allowed access. Any employee who violates our privacy and/or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
If you elect to post material to any blogs, forums, participate in our social networking channels or other community boards that may be offered on our sites, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the 'Postings'). You agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any person's privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you give King Features the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations. You also acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that King Features has no obligation to monitor or delete any such postings.
Please be aware that King Features does not and cannot monitor all of the Postings made to the sites, and therefore King Features will not be responsible for the content of any Postings. King Features has no obligation to verify the accuracy of any personally indentifying information that is posted to our sites. However, King Features does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the Web sites and to terminate access to the sites to offenders of the guidelines. If King Features elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will King Features be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of the road. Therefore, you agree not to post, email, or otherwise make available Postings:
Because King Features does not monitor the Postings, you agree to use and rely on them at your own risk. King Features cannot make any representation or warranty about the material contained in the Postings. King Features likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will King Features be liable for any activity or injury that may occur.
IN NO EVENT SHALL KING FEATURES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF KING FEATURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If there is any dispute about or involving the sites, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. King Features may demand that any dispute between King Features and you about or involving the sites must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA.
You agree to indemnify and hold King Features, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the sites or from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the sites in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the sites or through the sites causes King Features to be liable to another.
In the case of digital applications, the following additional provisions apply:
By using the application, you represent that you are not located in a country that is subject to an embargo of the U.S. government or that has been designated as a 'terrorist supporting' country and that you are not listed on any U.S. government list of prohibited or restricted parties.
Any questions regarding the application may be addressed to King Features at 300 W. 57th St., NY, NY 10019 support@DailyINK.com.
This policy was last updated on December 15, 2010.