Terms of Use

Last Updated: November 1, 2017

PLEASE READ CAREFULLY.

Welcome to The New Stack!  Please read these Terms of Use (“Terms of Use”) before using, downloading, or submitting content in any form on The New Stack website (www.thenewstack.io) (the “Site”).  These Terms of Use is a legal agreement between you and The New Stack that governs your use of the Site and by continuing to use and by submitting content for publication on the Site (from any computer, mobile phone, tablet, console or other device) you signify that you have read, understand and agree to be bound by these Terms of Use. We have the right to change the Terms of Use at any time. We agree to post a notice of the changes in the footer of our Site, and the changes will be effective 30 days after posting such notice to our Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

You agree to our use of your personal information and content in accordance with our Privacy Policy, which is available at https://thenewstack.io/privacy-policy/ and incorporated by reference.

THE NEW STACK’S OWNERSHIP OF THE SITE AND ITS CONTENT.

The Site, including all text, photographs, graphics, video and audio content contained on the Site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and The New Stack (subject to the rights of its licensors) has all rights therein. All individual articles, blogs, videos, content and other elements comprising the Site are also copyrighted works, and The New Stack (subject to the rights of our licensors) has all rights therein. You must abide by all additional copyright notices or restrictions contained on the Site.

YOUR USE OF THE NEW STACK’S CONTENT.

Unless expressly permitted, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Site or any content thereon, except as permitted elsewhere in these Terms of Use.  Without limiting the foregoing, The New Stack grants to you a limited, revocable, non-sublicensable license to download certain materials made available for download on the Site, for non-commercial purposes only.  In addition, just as The New Stack from time to time excerpt materials from other sources in order to support the various commentaries and writings contained on the Site, we respect the right of others to make “fair use” of the materials contained on the Site; accordingly, you may from time to time excerpt and use materials set forth on the Site consistent with the principles of “fair use”.

YOUR SITE PARTICIPATION.

Your participation in the Site is important to us and we encourage you to say what is on your mind.  However, you agree to use the Site in a manner consistent with all laws, regulations and these Terms of Use. You are expressly prohibited from posting any information, testimonial, text, music, sound, photograph, graphic, video or message (collectively “Content”) that:

1. could be considered obscene, lewd, lascivious, excessively violent, harassing, patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. provides any telephone number, street address, email address, or photograph of another person, without that person’s consent, or otherwise constitutes an invasion of an individual’s privacy;
3. promotes information that you know is false, misleading, defamatory or libelous;
4. violates any intellectual property or other proprietary right (including trade secrets) of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protected devices, or providing pirated music or links to pirated music files; or
5. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming” or involves commercial activities or sales.

We do not prescreen Content posted by users and cannot guarantee the Site will be free from Content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user Content or activities of users on the Site. Even in the event we choose to monitor any user Content, we assume no responsibility for, or any obligation to monitor or remove, such user Content. Notwithstanding the foregoing, The New Stack reserves the right to block or remove Content at any time in our sole discretion.

THE NEW STACK’S USE OF SUBMITTED CONTENT.

By posting or submitting Content on or to the Site (including through social media channels), you grant to The New Stack a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such Content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and represent that such Content is not confidential. By posting or distributing such Content, you understand that it may be freely copied and distributed by others without your permission.  In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.

COPYRIGHT INFRINGEMENT NOTICE PROCEDURE.

The New Stack respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at help@thenewstack.io and provide the following information:

1. A description of the copyrighted work that you believe has been infringed;
2. A description of what the allegedly infringing work is;
3. A description of the location where the allegedly infringing work is located on the Website;
4. An address and telephone number where you can be contacted, including an email address if possible;
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
7. A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

PRESERVATION AND DISCLOSURE.

The New Stack may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this agreement; (c) respond to claims that any Content violates the rights of third parties; (d) protect the rights, property or personal safety of The New Stack and its personnel, its users and the public; or (e) pursuant to the terms of the Privacy Policy.

TERMINATION.

We reserve the right in our sole discretion to (i) delete any of your Content, (ii) restrict your use of all or any part of the Site, and (iii) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting Content to the Site by using any technology available, such as blacklisting certain IP addresses or device numbers.

REPRESENTATIONS AND WARRANTIES.

You represent and warrant that: (i) you are 18 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms of Use; (iv) you and will comply with all federal, state and local laws, including without limitation applicable tax laws; (v) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (vi) you and your use of the Site will be in compliance with these Terms of Use.

WARRANTY DISCLAIMER.

THE SITE IS AVAILABLE “AS IS.” THE NEW STACK DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. THE NEW STACK DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE. THE NEW STACK DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THE SITE OR AVAILABLE THROUGH LINKS ON THE SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE. ALTHOUGH THE NEW STACK INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, IT DOES NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. THE NEW STACK IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SITE AND ANY MATERIALS AVAILABLE THROUGH THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY AND DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEW STACK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER THE NEW STACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE SITE; (ii) THE SITE OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL INFORMATION; (iv) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (v) ANY OTHER MATTER RELATING TO THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE. ANY CLAIM AGAINST THE NEW STACK SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE.

INDEMNITY.

You agree to defend, indemnify and hold harmless The New Stack, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your user Content, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

THIRD PARTY SITES.

The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.

MISCELLANEOUS.

The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use. These Terms of Use are personal to you, the user. You may not assign these Terms of Use or any rights and licenses in these Terms of Use to another party. These Terms of Use may be assigned by The New Stack without restriction.

This Agreement shall be governed by the laws of the State of Oregon, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.   Any cause of action or claim you may have with respect to The New Stack or the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use. If any provision in these Terms of Use is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue to be valid and enforceable. These Terms of Use constitute the entire agreement between you and us and govern your use of the Blog. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.