Welcome to Vocativ, an online service (hereinafter: “Vocativ”), owned and operated by Vocativ, LLC (the “Company”, “we”, “our” or “us”).
THESE TERMS LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU, TO THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, IN THEIR ENTIRETY, THEN YOU MAY NOT REGISTER, ACCESS OR USE VOCATIV IN ANY WAY.
If you are under 18 years of age, you may not use Vocativ in any way, unless you have obtained the consent of your parent or legal guardian to enter into these Terms and your use of Vocativ is made with the involvement and supervision of your parent or legal guardian.
IN ANY EVENT, IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT USE VOCATIV IN ANY WAY.
Vocativ is a distinctive news website that tells original, compelling stories, drawing on exceptional writing and reporting staff, while using unique software to uncover trends, news leads and sources.
All content presented or available on Vocativ, including all text, articles, images, audio, video and graphic design (the “Content”), is presented for informative and recreational purposes only.
You may find the Content to be inaccurate, incomplete, not useful, not to your liking, offensive, not compatible with your requirements or desires, objectionable, annoying, improper, crude and etc. In any event, you assume sole and exclusive responsibility and liability for your use of Vocativ. You will have no plea, claim, complaint, or demand against us whatsoever in connection with such use.
The Content, statements, advice, judgments, beliefs and ideas expressed on or through Vocativ do not reflect the opinion or position of the Company, its affiliates or their managers, directors, shareholders, employees, sub-contractors, agents or others acting on their behalf.
Subject to these Terms, we grant you a non-exclusive, free-of-charge, limited, personal, revocable, non-sublicense-able and non-transferrable, license to access and use Vocativ solely for you own private, personal and non-commercial purpose.
We reserve the right, at any time, to charge or impose fees for accessing or using Vocativ or any part thereof.
When using Vocativ, you must abide by all usage guidelines we may convey from time to time, as well as by all applicable local, state, federal, foreign and international laws, regulations and rules. You assume sole and exclusive responsibility and liability for all acts or omissions associated with your access and use of Vocativ and the access and use of Vocativ by anyone on your behalf, as well as for all consequences resulting from such acts or omissions.
YOU MAY NOT USE VOCATIV FOR ANY COMMERCIAL OR BUSINESS PURPOSE, OR IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS, INCLUDING COMMERCIAL USE OF VOCATIV BY RESELLING, LICENSING, RENTING, LEASING, TRANSFERRING, LENDING, TIMESHARING, ASSIGNING, MIRRORING, REDISTRIBUTING OR DISPLAYING VOCATIV OR ANY PART THEREOF.
You may not:
- Modify any Content on Vocativ;
- Make derivative works of Vocative or any Content on Vocativ;
- Disassemble, de-compile or reverse engineer any part of Vocativ’s software code;
- Interfere with, burden or disrupt Vocativ’s functionality;
- Circumvent or manipulate Vocativ’s operation, or functionality, such as by working-around or circumventing any technical limitations on Vocativ or using any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in Vocativ;
- Breach Vocativ’s security, or any network or server used by Vocativ, or identify any security vulnerabilities thereof;
- Embed, frame or otherwise link directly to Vocativ, from any other web-page or application, other than by linking to Content using Vocativ’s designated social-network interface;
- Engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking Vocativ;
- Collect, harvest, obtain or process personal information of or about Vocativ users;
- Violate or breach these Terms or any other applicable guidelines conveyed by the Company;
- Impersonate any person or entity, or make any false statement, including statements pertaining to your identity, employment, agency or affiliation with any person or entity;
- Use Vocativ for or in connection with any activity that may constitute or encourage conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, foreign and international laws, regulations, rules or industry standards, including any applicable laws and regulations governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising; or
- Use Vocativ for, or in connection with, any activity that may be deemed, or encourage activity that may be deemed threatening, harassing, anti-competitive, misleading, deceptive, abusive, libelous, defamatory, vulgar, obscene, pornographic, profane or otherwise objectionable.
You represent and warrant that you are either 18 years or older, or that you are at least 13 years of age and have obtained the consent of your parent or legal guardian to enter into these Terms and your use of Vocativ is made with the involvement and supervision of your parent or legal guardian.
Certain features on Vocativ are only available to registered users. You may register by successfully completing the registration process on Vocativ. We will explicitly indicate the fields for mandatory completion. If you do not enter the required information in these fields, you will not be able to complete the registration process.
Registered users’ access to Vocativ is authenticated by a username and password. From time to time, we may establish and require additional or different means of identification and authentication for logging in to Vocativ.
You are solely responsible for maintaining the confidentiality of your account username and password. We recommend that you change your password periodically. You assume full responsibility for your failure to maintain your account username and password confidential and for all consequences resulting therefrom.
You must immediately notify us of any unauthorized access to, or use of, your account or any other breach or threatened breach of the Vocativ’s security of which you become aware.
By submitting, to us, inquiries, news tips, ideas for a news piece, or other propositions, uploading a user-account profile picture or posting comments on Vocativ (all collectively, “Materials”), you:
- Assume sole and exclusive responsibility and liability for all Materials;
- Represent and warrant that you lawfully possess the exclusive title and all rights in and to the Materials, and all components thereof;
- Represent and warrant that you are lawfully entitled to grant us the rights hereunder in such Materials;
- Grant us an irrevocable, non-exclusive, perpetual, worldwide, unlimited, free of charge, non-remunerative and royalty-free, sublicense-able and transferrable right to copy, reproduce, use, create derivative works of, translate, edit, modify, incorporate into other works, publicly perform, publicly display, transfer, transmit, distribute, publish, and exploit the Materials in any manner and for any purpose (including commercial purpose); and
- Expressly waive all moral rights and rights of attribution and integrity, in and to the Materials.
You may not upload, post, email, transmit or otherwise disseminate or make available on or through Vocativ:
- Private or personal information about other individuals or proprietary information of others;
- Any information or Materials that infringe or violate a third party’s right, including privacy, intellectual property and publicity rights;
- Software viruses, trojan horses, worms and any other malicious code to computers and networks;
- Any information or Materials of a commercial nature, including “spam”, chain letters, promotions or advertisements;
- Any information or Materials which may constitute or encourage conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, foreign and international laws, regulations, rules or industry standards, including any applicable laws and regulations governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising; or
- Any information or Materials which may be deemed threatening, harassing, anti-competitive, misleading, deceptive, abusive, libelous, defamatory, vulgar, obscene, pornographic, profane or otherwise objectionable.
We are not obligated to post, use, publicly display, follow-up on, or respond to, any Materials submitted to us or uploaded to Vocativ.
You acknowledge that Materials may be displayed, accessible or visible across the web and through third parties, including such that are not related to, or affiliated with, the Company.
You acknowledge and agree that we, and others, may comment on, rate, praise, ridicule and criticize any Materials, including, in some cases, in a manner that reflects poorly upon the Material, you and your reputation and image.
You hereby release the Company, all other Vocativ users and each of their respective affiliates, managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, from any and all pleas, complaints, claims and demands associated with such comments, ratings, praise, ridicule and criticism.
We may, but are under no obligation to, monitor, screen or moderate Materials, in order to determine compliance with these Terms, and any law, regulation or request of a competent authority. We, and others operating on our behalf, may, but are not obligated to, remove, edit or refrain from displaying, any Material posted on, or submitted to us or Vocativ, that we, at our sole and absolute discretion, determine may violate or breach these Terms or for any other reason that we, at our sole and absolute discretion, deem justified.
You will have no plea, claim, complaint or demand whatsoever against the Company, its affiliates and their respective managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, for removing, edit or refrain from displaying any Material, or for failure to do so.
Vocativ may contain links to other websites, information or content provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral.
By linking to a certain website, we do not endorse, recommend or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, their availability or for any transactions, dealings, negotiations or engagements made between you and such third party websites. These are solely and exclusively between you and the respective third party website.
We will not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by, or in connection with, your use of or reliance on any such content, goods or services available on or through any third party websites or content.
We may include paid advertisements on behalf of interested vendors, on Vocativ. By clicking the advertisements, you may be shifted to another website or receive any other messages, information or offers from the advertiser.
We are not responsible for the privacy practices of the advertiser, the content of the website that such ads refer to, or for the information, messages or offers contained in the ads. We are not responsible or liable for any transactions, dealings, negotiations, engagements or communications you make with the advertisers. These are solely and exclusively between you and the respective third party advertiser or dealer.
The advertisements presented on or through Vocativ do not constitute a recommendation or encouragement by us, to procure the goods or services advertised.
All rights, title and interest in, and to Vocativ, including all Content, data and its processing, source code, markup code, and any other detail concerning Vocativ’s operation, including, patents, copyrights, trademarks, trade names, service marks, trade secrets, work methods, processes and other intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to the Company.
Unless as expressly provided otherwise, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to Vocativ.
Without derogating from the generality of the above, the posting of Content on, or through Vocativ does not and will not constitute a waiver of any of our rights in and to such Content. Your access and use of Vocativ does not and will not operate to transfer any of our rights in and to such Content to you.
Unless as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of Vocativ, its Content or any part thereof, either by yourself or by a third party on your behalf, in any way or by any means.
Trademarks in Vocativ (whether registered or not), including the name of the Company, its trademarks and Vocativ’s domain name – are the sole property of the Company and you may not use them in any way. No right, title or interest in any trademarks, service marks or Company names and logos appearing on Vocativ are transferred to you as a result of your use of Vocativ.
Without derogating from the foregoing, you may not adapt or otherwise use any name, nickname, mark or logo that is identical, or confusingly similar to any of our trademarks, service marks and logos. You must avoid any action or omission that may dilute, blur or tarnish our trademarks or goodwill.
Changes, availability and support
We may, from time to time, modify, adapt, improve, enhance or change Vocativ, including its structure, layout, design or display, as well as the scope and availability of the information, features and Content therein, without giving any notice. Changes of this character, by their very nature, are likely to result in glitches or cause inconvenience of some kind. You will have no plea, claim, complaint or demand whatsoever against the Company, its affiliates or their managers, directors, shareholders, employees, sub-contractors, agents or others acting on their behalf, resulting from the introduction of the aforementioned changes or from glitches or any kind of failure resulting from their introduction.
We may, at any time, at our sole discretion, and without notice to you: (a) suspend or discontinue the operation of Vocativ, partially, or entirely, either temporarily or permanently; or (b) block or remove, either temporarily or permanently, any Content. You will have no plea, claim, complaint, or demand against the Company, its affiliates or their managers, directors, shareholders, employees, sub-contractors, agents or others acting on their behalf, for taking such action.
Without prejudice to any other reliefs or remedies available to us at law or equity, if we, at our sole and absolute discretion, determine that you have violated or breached these Terms, or that your use of Vocativ is unreasonable, or for any other reason that we deem, at our sole and absolute discretion to be justified – we may, with or without prior notice to you, terminate your account on Vocativ and/or take measures to keep you from using or accessing Vocativ in any way.
If you contact us for technical support, we will make efforts to respond to your inquiry and resolve the technical issue you have raised. However, we do not guarantee a response or resolution within any fixed timeframe or at all.
Changes to the Terms
From time to time, we may change the Terms. Changes will take effect at least 7 days after their initial posting on Vocativ, unless we amend the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required. We advise you to periodically read the Terms, as they may change from time to time. The then-current Terms in effect are always accessible at: vocativ.com/terms-use/ .
You agree to be bound by all changes made in the Terms. Continuing to use Vocativ after the amended terms have become effective, indicates your acceptance of the amended terms. If you do not agree with any of the amended terms, you must cease any and all use of Vocativ before the amended Terms take effect.
Disclaimer of warranty
VOCATIVE, INCLUDING ALL CONTENT THEREIN, AND ALL PARTS AND COMPONENTS THEREOF, IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON THEIR BEHALF, DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, IN CONNECTION WITH VOCATIV AND ITS CONTENT (INCLUDING THIRD PARTY LINKS AND ADS, AND MATERIALS SUBMITTED BY OTHERS), INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY, RELIABILITY, CORRECTNESS, COMPLETENESS OR OBJECTIVENESS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE OR PERFORMANCE OF VOCATIV, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY BY US, FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER.
You acknowledge and agree that Vocativ’s operation is dependent upon different factors such as software, hardware and communication networks. By their nature, these factors are not fault free. We do not warrant that Vocativ will operate in an uninterrupted or error-free manner, or that it will always be available, free from all harmful components, or that it is safe, secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to, hardware failures, software failures and software communication failures, originating either from us or any other provider. Such incidents will not be considered a breach of these Terms.
Limitation of liability
YOU WILL HAVE NO PLEA, CLAIM OR DEMAND AGAINST THE COMPANY, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WITH RESPECT TO VOCATIV’S CONTENT, PROPERTIES, ABILITIES, LIMITATIONS, FEATURES, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT, INFORMATION OR ADVICE UPON WHICH YOU DECIDE TO FURTHER RELY WITH REGARD TO THE USE OF VOCATIV. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF VOCATIV, RELIANCE ON CONTENT, INFORMATION AND ADVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE COMPANY, ITS AFFILIATES AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON THEIR BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH, THESE TERMS, VOCATIV, THE CONTENT OR THIRD PARTY LINKS OR ADS, INCLUDING: ANY USE OF, OR THE INABILITY TO USE VOCATIVE; ANY DAMAGE TO, OR LOSS OF, ANY MATERIAL; ANY POSTING, DISPLAY, USE, EDITING, REMOVAL OR FAILURE TO POST OR DISPLAY ANY MATERIAL; ANY RELIANCE BY YOU OR OTHERS ON YOUR BEHALF, ON VOCATIVE, THE CONTENT OR MATERIAL OF OTHERS, INCLUDING ITS COMPLETENESS, ACCURACY, CORRECTNESS, OBJECTIVENESS, RELIABILITY OR IT BEING UP-TO-DATE; ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF VOCATIV; ANY DENIAL OR CANCELLATION OF YOUR ACCOUNT; ANY FAULT OR ERROR MADE BY THE COMPANY’S STAFF, OR ANYONE ACTING ON THEIR BEHALF; ANY DISCONTINUATION OF VOCATIV’S OPERATIONS; ANY DELAY IN, OR IMPROPER HANDLING OF, YOUR INQUIRY, NEWS TIPS, IDEAS FOR NEW PIECES OR PROPOSITIONS.
You agree to indemnify, defend and hold harmless the Company, its affiliates and their managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, at your own expense, and immediately upon their first request, from, and against, any damages, loss, costs, fines, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any third party complaint, claim, or demand arising from, or in connection with: (a) your use of Vocativ; (b) your breach of these Terms, or any other rules or regulations applicable to Vocativ; or (c) your failure to comply with, or your violation, breach or infringement of, the applicable law or any person’s rights, including any claim concerning intellectual property, defamation or privacy.
Disputes, governing law and jurisdiction
Regardless of your location, place of residence or where you accessed Vocativ from, these Terms and any dispute arising therefrom, or in connection with you and Vocativ, shall be governed by and construed exclusively in accordance with, the laws of the State of New York, U.S.A., without regard to any otherwise applicable principles or rules of conflicts of laws which would result in the application of laws other than those of the State of New York.
The sole and exclusive jurisdiction and venue of any action, suit or legal proceedings, with respect to these Terms or Vocativ, shall be in the New York State Courts located in New York County and the U.S. District Court for the Southern District of New York. You and the Company hereby expressly consent to the exclusive personal jurisdiction and venue of such courts, and any objections related thereto, including objections on the grounds of improper venue, lack of personal jurisdiction or forum non conveniens.
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF, OR RELATING TO, THESE TERMS OR IN CONNECTION WITH VOCATIV.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE, ARISING OUT OF, OR RELATED TO, VOCATIV, OR THESE TERMS, MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OTHERWISE IT WILL BE FOREVER BARRED.
You acknowledge that any use of Vocativ, except as expressly permitted by these Terms, may cause us irreparable injury for which monetary damages would not be sufficient. You hereby consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.
These Terms constitute the entire and complete agreement between you and us concerning Vocativ. These Terms supersede all prior oral or written statements, understandings, negotiations and representations with respect to the subject matter herein.
If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect, as closely as possible, our original intention for that provision, and the remaining provisions will remain in full force and effect.
This Agreement may be modified or amended only by a written instrument, duly executed by the Company’s authorized signatory.
We will not, by mere lapse of time, without giving you express notice thereof, be deemed to have waived any breach by you, of any provisions of these Terms. Any such express notice of waiver of a breach, if, and to the extent, we issue to you, will not be construed as a waiver of subsequent breaches or as a continuing waiver of such breach.
You may not assign or transfer any rights you have, arising from these Terms, or in connection with Vocativ, without our prior written consent. Any assignment or transfer of your rights contrary to the foregoing will be null and void. We may assign this Agreement, and our rights and obligations in relation to Vocativ, to any third party.
We may be required, by law, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them Vocativ or delivering them to you through the email address listed on your account.
Except as otherwise specifically stated in these Terms, the provisions herein are for the benefit of you and the Company, and not for any other person or entity.
The provisions in these Terms that, by their nature, are intended to survive the cancellation, termination or expiration of these Terms, shall so survive.
Whenever used in these Terms, the term “including”, means including, but not limited to, and without limitation, to the generality of the preceding phrase. All examples in these Terms and all “i.e.” and “such as” notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality. The paragraph headings herein are intended solely for the purpose of orientation and reading convenience, and will not be used for interpretation purposes
You may contact us with any question about Vocativ, through the channels listed at vocativ.com/contacts/. We will make efforts to address your inquiry quickly.
Updated: October 20, 2013.