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Apple News Publisher
TERMS OF SERVICE
THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") STATING THE TERMS THAT GOVERN YOUR USE OF THE APPLE NEWS PUBLISHER SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH IT ("APPLE NEWS PUBLISHER"). TO AGREE TO THESE TERMS OF SERVICE, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK "AGREE," AND DO NOT USE APPLE NEWS PUBLISHER. YOU MUST ACCEPT AND ABIDE BY THESE TERMS OF SERVICE AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND APPLE MAY REFUSE ACCESS TO APPLE NEWS PUBLISHER FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS OF SERVICE.
- Access. Access to Apple News Publisher is provided solely as an accommodation and at Apple's sole discretion, and is available only to (a) authorized representatives of an entity (a "Content Provider") that has one or more valid agreements with Apple or Apple affiliates relating to the offering of the Content Provider's materials in Apple News (each, an "Agreement") (such representatives, "Provider Representative(s)") and (b) creators or authorized representatives of creators whose materials are offered in Apple News by the Content Provider ("Creator Representative(s)"), which Creator Representatives have been granted access to Apple News Publisher by the Content Provider or Apple solely for purposes of uploading and managing Creator's content. In addition, limited access to Apple for certain purposes (including delivery of materials to be offered for potential distribution pursuant to a future Agreement) is available to authorized representatives of entities that have applied, and have been invited by Apple, to enter into an Agreement. Your access to particular Apple News Publisher services may be further limited by the Apple News Publisher administrative user(s) for the Content Provider with which you are associated.
- System Requirements. Use of Apple News Publisher requires compatible hardware (fees may apply), Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of Apple News Publisher involves hardware, software, and Internet access, your ability to use Apple News Publisher may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
- Confidentiality. You acknowledge that, in the course of your use of Apple News Publisher, you may have access to certain information and materials that are confidential and are of substantial value to Apple, including, but not limited to, any proposed Agreement you download from Apple News Publisher or you otherwise receive from Apple, which value would be impaired if such information were disclosed to third parties or used for purposes other than expressly permitted by any Agreement, or as set forth herein ("Apple Confidential Information"). You agree to maintain any Apple Confidential Information in confidence, and not disclose or otherwise make available Apple Confidential Information to any third party without the prior written consent of Apple. In the event either party chooses not to enter into an Agreement, you agree to destroy all copies of any Apple Confidential Information in your possession, including any proposed Agreement(s).
- Agreement. Your use of Apple News Publisher is, if applicable, subject to the terms of any Agreement, including, without limitation, its confidentiality provisions. In the event of any conflict between these Terms of Service or any information provided on Apple News Publisher, on the one hand, and any applicable Agreement, on the other hand, the terms of such Agreement shall govern.
- Your Information. You agree to provide accurate, current, and complete information required to register with Apple News Publisher and at other points as may be required in the course of using Apple News Publisher ("User Data"). You hereby confirm that any User Data you already have provided to Apple (including, without limitation, in the Apple News application process or through prior use of Apple News Publisher) has been accurate, current and complete. You further agree to maintain and update your User Data as required to keep it accurate, current, and complete.
- Account and Password. As a registered user of Apple News Publisher, you must establish an iCloud account ("Account"), and agree to applicable terms and conditions of the iCloud product, software, services, and websites, as may change from time to time. You are solely responsible for maintaining the confidentiality and security of your Account. You may not reveal your Account information to anyone else, allow anyone else to use your Account, or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Apple of any unauthorized use of your Account or any other breach of security. Apple shall not be responsible for any losses arising out of the unauthorized or other improper use of your Account.
- Particular Apple News Publisher Services.
Apple News Publisher API (if applicable). Use of the Apple News Publisher API software, available for download through Apple News Publisher, is subject to the license agreement presented in connection therewith, as well as these Terms of Service. In the event of any conflict between the Apple News Publisher API license agreement or these Terms of Service, the license agreement shall govern.
- Intellectual Property.
- Acknowledgement of Ownership. You agree that Apple News Publisher contains proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of Apple News Publisher in compliance with these Terms of Service. No portion of Apple News Publisher may be reproduced in any form or by any means.
- Copyrights. All copyrights in and to Apple News Publisher are owned by Apple and/or its licensors.
- Trademarks. Apple, the Apple logo, Apple News, Apple News Publisher and other Apple trademarks, service marks, graphics, and logos used in connection with Apple News Publisher are trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
- Disclaimer of Warranties; Liability Limitations.
- APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF APPLE NEWS PUBLISHER WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE APPLE NEWS PUBLISHER (OR PARTICULAR PRODUCTS OR SERVICES THEREIN) FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER APPLE NEWS PUBLISHER IN ITS ENTIRETY, AT ANY TIME, WITHOUT NOTICE TO YOU.
- YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, APPLE NEWS PUBLISHER IS AT YOUR SOLE RISK. APPLE NEWS PUBLISHER AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH APPLE NEWS PUBLISHER ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
- IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF APPLE NEWS PUBLISHER OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF APPLE NEWS PUBLISHER, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY PRODUCT OR SERVICE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA APPLE NEWS PUBLISHER, EVEN IF ADVISED OF THEIR POSSIBILITY.
- APPLE DOES NOT REPRESENT OR GUARANTEE THAT APPLE NEWS PUBLISHER WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO.
- Indemnity. BY USING THE APPLE NEWS PUBLISHER SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE, ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU HEREIN, OR YOUR OTHER IMPROPER, UNAUTHORIZED OR UNLAWFUL USE OF APPLE NEWS PUBLISHER.
- Notices. Apple may send you notice with respect to Apple News Publisher by sending an email message to the email address listed in your Account contact information, by sending a letter via postal mail to the contact address listed in your Account contact information, or by a posting on Apple News Publisher. Notices shall become effective immediately.
- Governing Law. You expressly agree that the laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of Apple News Publisher, and that the exclusive jurisdiction for any proceeding relating in any way to your use of Apple News Publisher will be the Northern District of California. You hereby waive the right to object to the foregoing choice of law, personal jurisdiction or venue.
These Terms of Service constitute the entire agreement between you and Apple and govern your use of Apple News Publisher, superseding any prior agreements between you and Apple. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control.
June 8, 2015