TERMS OF SERVICE
Last Revised: March 11, 2013
Modifications to the Terms of Service
theSkimm, in its sole and absolute discretion, may make changes or modifications to the Site or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) theSkimm may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the Last Revised date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, theSkimm may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current.
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are at least eighteen (18) years of age.
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your User information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
You may be asked to register in order to use certain Services including, but not limited to, theSkimms daily newsletter. You agree to provide accurate, current and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy. theSkimm has the right to suspend or terminate your registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete.
Your Use of the Site and Services
You acknowledge and agree that:
Your use of the Site and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not impersonate another User, or collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services in a manner (as determined by theSkimm in its sole and absolute discretion): that is illegal, infringing, defamatory, harassing, abusive; that violates the privacy or publicity rights of another User or any other third party; or that is otherwise objectionable.
You will not use this Site or the Services for hate speech, hate crimes or violence.
You will not use this Site or the Services: to send spam or other unsolicited bulk email; for computer or network hacking or cracking; or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Services.
You will not copy or distribute in any medium any part of the Site or the Services, except where expressly authorized by theSkimm.
You will not access theSkimm Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as theSkimm may designate.
You will not use this Site or the Services found at this Site, including any of theSkimms related technologies, for any commercial use without theSkimms express prior written consent.
theSkimm reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site at any time.
The content on this Site and the Services found at this Site, including without limitation the text (such as the articles found on our blog or in our daily newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (theSkimm Content), are owned by or licensed to theSkimm in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. theSkimm Content is provided to you as is, as available and with all faults for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of theSkimm. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. theSkimm reserves all rights not expressly granted in and to theSkimm Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights.
The Site and the Services have been specially designed to present theSkimm Content in a unique format and appearance. We are concerned about the integrity of theSkimm Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content. Neither you nor any third party shall make use of theSkimm Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.
Our Use of User Content
Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish or share their ideas, opinions, preferences or feedback (e.g., through a like or comment function) relating to theSkimms news articles or current events (User Content). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to theSkimm that: (i) you have all necessary rights to distribute User Content, either because you are the sole author and owner of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and (ii) you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.
theSkimm has no obligation, either express or implied, to treat your User Content as confidential, to develop or use your User Content and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that theSkimm may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
If you post or publish your User Content to this Site, you authorize theSkimm to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant theSkimm a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and theSkimms business, including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that theSkimm may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted.
Our Monitoring of User Content
theSkimm reserves the right, but has no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. theSkimm may remove any item of User Content and/or terminate a Users access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by theSkimm in its sole and absolute discretion), at any time and without prior notice. If theSkimm terminates your access to this Site or the Services found at this Site, theSkimm may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
theSkimm has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). It is theSkimms policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or Users; and (b) remove and discontinue service to repeat offenders.
Written Notification. theSkimm will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include theSkimm removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. Written notification must be submitted to the Designated Agent at the address identified in Address for Notice section below. All notices sent to theSkimm regarding matters other than informing theSkimm that a party’s copyrighted material may have been infringed as a result of third party materials will not receive a response through this process. In order to be effective, your infringement notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
Identification of the material (i.e., the third party materials) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit theSkimm to locate the material;
Information reasonably sufficient to permit theSkimm to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement, as follows: I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement, as follows: The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a valid written notification containing the information as outlined in 1 through 6 above, theSkimm shall, (1) remove or disable access to the Third Party Content that is alleged to be infringing; (2) forward the written notification to the alleged infringer (the Subscriber); (3) reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
Counter Notification. To be effective, a Counter Notification must be a written communication provided to theSkimm’s Designated Agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, as follows: I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which theSkimm may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a valid Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and theSkimm will comply with this requirement within a reasonable time (or as otherwise required by law), provided theSkimm’s Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on theSkimm’s network or system.
Links to Third-Party Websites
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by theSkimm. These links are provided solely as a convenience to you and do not constitute an endorsement by theSkimm of the content on such websites nor of the business practices of those operating those websites. theSkimm has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, theSkimm does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release theSkimm from any and all liability arising from your use of any third-party website. Accordingly, theSkimm encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
To the maximum extent permitted by law, you agree to indemnify and hold harmless thSkimm, its and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys fees, arising out of or in relation to these Terms or your use of the Services. theSkimm reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Disclaimer of Warranties and Limitation of Liability
Your access to and use of these Services is at your sole risk. If you are dissatisfied with any of the materials contained on the Site or in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and/or Services.
THE SERVICES ARE AVAILABLE AS IS. THESKIMM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SERVICES; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH LINKS IN THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
theSkimm, its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Services or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term provided in these Terms). Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
Limitation of Liability in Certain States
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of New York, in the State of New York, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of this Agreement, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by theSkimm at it sole discretion. The arbitration hearings and all meetings pursuant to this section shall be held in New York County, in the State of New York. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in New York, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in New York. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in New York with knowledge of Internet commerce in New York State shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
If you have any questions about this Agreement, please contact us via email at founders@theSkimm.com or regular mail at the following address:
51 Bank Street, # 4
New York, NY 10014
Copyright 2012. theSkimm LLC. All Rights Reserved.
Last Revised: March 13, 2013
Types of Information Collected
theSkimm may ask you for some or all of the following types of information which may be identifiable to you when you register for our services, access various content or features, or directly contact the site: (i) contact information, such as your email address and name; (ii) your age; and (iii) information for the purpose of authenticating yourself or your account if we have reason to believe, in our sole discretion, that you may be violating site policies or for any other reason we deem necessary (collectively Personal Information). You are responsible for ensuring the accuracy of all Personal Information you submit to theSkimm.
We collect and store all Personal Information you submit to us voluntarily through registering with us or uploading or posting User Content through the Site or Services. If you are signed into your Tumblr, Twitter or Facebook account and you like or comment on theSkimm Content (such as the articles found on our blog) or other User Content, your Tumblr, Twitter or Facebook username will be displayed and so available to the public. You agree that your username, likes, feedback, and any associated comments may become public information; we therefore urge you to exercise caution when deciding to disclose any Personal Information on the Site or through the Services.
Information Collected Automatically We automatically receive and collect information such as your IP address, the URLs of websites you arrive at theSkimm from or leave theSkimm to go to, your type of browser and language, access times, the content of any undeleted cookies that your browser previously accepted from us, your operating system, your mobile provider, your mobile device, and your ISP. We may use such information to better understand how theSkimm visitors use the Site, to analyze trends, administer the website, prevent fraud, and gather broad demographic information.
Our Use of Your Information
Our primary purpose in collecting information, both Personal Information and other, is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your information to:
Provide the services and customer support you request.
Troubleshoot problems and prevent potentially prohibited or illegal activities.
Customize, measure and improve our Services, content and advertising.
Tell you about our Services, targeted marketing, service updates, and promotional offers based on your communication preferences.
Monitor and enforce our Terms of Service.
Communicate with Users about products and/or services they may be interested in.
Verify your eligibility to use the Site.
Our Disclosure of Your Information
theSkimm is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you. We may disclose Personal Information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyones rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your Personal Information with:
Service providers under contract who help with our business operations (we employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and services to you).
Certain of theSkimms program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Other business entities, should we plan to merge with or be acquired by that business entity.
We may sell or rent your information to third parties for marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference or by following the directions provided with the communication or advertisement.
No Spam or Spyware
We do not tolerate spam. Spamming is explicitly prohibited it by our Terms of Service. If you would like to report an incident of spamming or other unauthorized communications form other Users, please contact us at founders@theSkimm.com. We maintain the right to investigate such incidents and take suitable action.
The Personal Information we collect is stored on a secure, password-protected server and only authorized personnel have access to your information. We use industry-standard encryption technologies with respect to the receipt and transfer of Personal Information you submit. Nevertheless, despite our best efforts, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. theSkimm cannot ensure or warrant the security of any information you transmit to theSkimm or guarantee that your end user data stored on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our industry standard physical, technical, or managerial safeguards. If you enter sensitive information we will encrypt such information using secure socket layer technology (SSL). The Site is hosted on servers in the United States. Accordingly, if you are located outside of the United States, the Personal Information you provide to us will be transferred to the United States. By submitting your Personal Information, you consent to its transfer and storage in the United States and its use in accordance with the purposes for which it was originally collected.
We may use your email to deliver theSkimms daily newsletter, as well as for other promotional (e.g., new product offerings, special offers by us or other third parties) purposes. Email messages we send you may contain code that enables our database to track your usage of the emails we send you, such usage includes whether the email was opened and what links (if any) were clicked. If you send an email to us, or fill out our Feedback form, we will collect your email address and the full content of your email, including attached files, and other information you provide.
You may indicate your preference to Opt Out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at founders@theSkimm.com. You acknowledge that it may take up to 10 days for us to process an opt-out request. However, we reserve the right to send you certain service announcements and administrative messages, without offering you an opportunity to opt out.
Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others Users on our Site or on other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We are not responsible for any information we do not collect. We encourage you to ask questions before you disclose your Personal Information to others.
Protecting the privacy of young children is especially important to us. For that reason, theSkimm does not knowingly collect or solicit Personal Information from anyone under the age of 13.
California Civil Code Section 1798.83 permits residents of the State of California to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please email us at founders@theSkimm.com or write us at: theSkimm LLC, Attn: Legal – California Privacy Compliance, 51 Bank Street, # 4, New York, New York, 10014.
Changes to this Policy
We reserve the right, at any time, to add to, change, update, or modify this Policy. Any such changes to this Policy will be posted here on our Site so we urge to please visit this page frequently. In all cases, use of information we collect is subject to the Policy in effect at the time such information is collected.
Copyright 2012 theSkimm LLC. All Rights Reserved.