Terms And Conditions
TERMS AND CONDITIONS FOR USE OF THE RSS FORMAT FEEDS OF THE PEW CHARITABLE TRUSTS
BY DOWNLOADING A RSS FEED (THE "SERVICE") FROM THE PEW CHARITABLE TRUSTS AND PEWTRUSTS.ORG (HEREINAFTER "PEW", "WE", OR "OUR"), YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SERVICE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
PEW MAY MODIFY ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AT ANY TIME AND IN OUR SOLE DISCRETION, BY POSTING A CHANGE NOTICE OR A NEW AGREEMENT ON OUR SITE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
1. Pew RSS feeds are intended solely for individual, personal, non-commercial use on a news aggregator or feed reader. Prior to the public display or republication of any RSS feed, including on a Web site, you must request and receive permission from Pew (email: firstname.lastname@example.org).
2. Pew may restrict, suspend or terminate your access to any aspect or all of the Service at any time without liability. Pew reserves the right to modify the Service at any time within Pew's sole discretion. You acknowledge that the Service availability is subject to change at Pew's sole discretion.
4. Unless otherwise consented to by Pew, you may not, directly or indirectly: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Service or any portion thereof; or delete or fail to display any promotional taglines included in the Service; or (b) rent, lease, or otherwise transfer rights to the Service.
5. Through its free web site, Pew provides the article headlines, summaries and links back to full-text articles (collectively, the "Summaries") at no charge and on an "as is" basis and "as available" basis without warranty of any kind.
PEW HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, ACCURACY OR RELIABILITY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL PEW BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF SERVICES, CONTENT OR RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM DISABLING OF THE SERVICE RELATED TO NON-PAYMENT OF LICENSE FEES BY YOUR CLIENTS OR CUSTOMERS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PEW BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THE SERVICE, EVEN IF PEW SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT APPLICABLE FOR ANY REASON, THE LIABILITY OF THE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. You hereby agree to fully indemnify, defend and hold Pew and its affiliates and their respective officers, directors, employees and licensors (collectively, the "Provider Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by you in connection with: (i) any use or alleged use of the Service through your account by any person, whether or not authorized by you; or (ii) any breach of your representations and warranties and other covenants under this Agreement. Pew reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pew's defense of such claim.
7. Unless otherwise agreed to by Pew, you may terminate this Agreement at any time by destroying or removing all copies of the Service from your hard drives, networks, and other storage media. Unless otherwise agreed to by Pew, Pew may restrict, suspend or terminate the Service, this Agreement, the license granted herein, or your access to any aspect or all of the Service at any time without liability. You agree to destroy or return to Pew all copies of the Service and all proprietary information of Pew’s promptly upon learning of such Termination.
8. This Agreement represents the complete agreement between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under the internal laws and jurisdiction of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. Any action to enforce this agreement shall be brought in the federal or state courts located in Philadelphia, Pennsylvania. You may not assign this Agreement, and any assignment by you shall be null and void. You shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of its obligations under this Agreement. Neither party will be liable for any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.
9. Pew is not responsible for any costs or liability associated with making a connection (by any means) to the Internet, the Service or other online service, or network. You certify you are legally permitted to use the Service and access the Service, and if you are an individual, you are over 18 years of age. You take full responsibility for the selection and use of the Service and access of the content. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.