TERMS OF USE

Welcome to the AP Mobile website (this "Site"). Use of this Site is conditioned on the acceptance, without modification, of these terms and conditions ("Terms of Use"). By using this Site You represent that You have read and understand these Terms of Use and agree to be bound by them. If You do not wish to bind Yourself to these Terms of Use, do not access or use this Site or access any materials from this Site. AP reserves the right, at its sole discretion, to modify these Terms of Use at any time, such modification effective immediately upon posting.

Parties

These Terms of Use are binding obligations of You. "You" means either: (a) the individual user of this Site ("User"), or (b) if User is acting on behalf of User’s employer, client or another third party (such employer, client or third party, a "Principal"), then such Principal. If User is using this Site on behalf of a Principal, then (a) User represents and warrants that User has the authority to bind, and has bound, such Principal to these License Terms; and (b) User agrees to be jointly and severally liable for any breach of these License Terms by Principal.

Intellectual Property

This Site is owned and operated by The Associated Press and/or its affiliates (collectively, "AP"). All of the content elements displayed and/or downloadable on this Site, including photographic images, graphic images, text, captions, audio-visual files, digital files and software (collectively, the "Content"), and all of the features of this Site, including this Site's designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from this Site (together with the Content, collectively, the "Site Elements") is the exclusive property of AP or its licensors. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws. Any Content downloaded by You (whether or not such download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of AP and/or its licensors. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted in the License Terms located here.

For the protection of AP and its licensors, Content may use electronic measures to protect this Site and this Site Elements. You agree not to, nor attempt to, disable or interfere with any such measures. Any circumvention or interference with such measures may result in civil and criminal penalties.

Site Access and Accounts

This Site and Site Elements are intended solely for AP customers. You may not use this Site or any Site Elements for any purpose not related to Your business with AP. Any and all access to this Site is provided to You at AP's sole discretion. AP may immediately terminate, limit or restrict Your and/or Principals’ access to this Site and/or any Site Element for any or no reason. You agree that AP shall not be liable to You or any third party for any termination of Your access to this Site.

You may not (i) deep link or employ software or any automatic device, technology or algorithm, to "crawl", "scrape", search or monitor this Site and/or retrieve or copy Content or related information; (ii) violate the mechanical restrictions of this Site, or bypass other measures employed to prevent or limit access to this Site or Site Elements by hacking or other means; (iii) copy, redirect, or exploit this Site or any Site Elements; (iv) probe, scan, or test the vulnerability of this Site or of the network supporting this Site, or seek information on visitors to this Site or personal information of AP’s customers; (v) use or upload to this Site any device, software or routine that would interfere with the proper functioning of this Site, or any transaction conducted via this Site; (vi) copy, modify, or display AP’s name, logo, trademarks or service marks, text, or graphic images in any way, or include AP’s names or trademarks or service marks or any AP executive's name, or any variation of any of the foregoing, as a meta-tag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, or endorsement; (vii) use devices (including software) that are designed to provide repeated automated access to this Site, other than those made generally available by AP, or probe, scan, or test the vulnerability of any system or network related in any way to this Site, without proper authorization from or by AP; (viii) engage in any unlawful or illegal activities in connection with the use of this Site; or (ix) frame this Site or Site Elements using "framing" or any other technology or process which allows a page from a different Internet URL to call a page containing the Images and to display the Images within the calling page.

Access to this Site is not being offered to any person in any jurisdiction where such offering would be illegal or unlawful. AP controls and operates this Site from its offices within the State of New York, United States of America. AP does not claim that this Site and/or any Site Elements are appropriate or available for use in locations other than the United States. If You choose to access this Site from other locations, You do so at Your own initiative and will be solely responsible for compliance with any applicable local laws.

AP reserves the right to monitor any and all use of this Site. If AP, in its sole discretion, has reason to believe or suspects that You have been using this Site or any Site Elements in violation of these Terms of Use, AP may demand that You execute an affidavit that Your use has been and is compliant with these Term of Use.

Account Registration

If You elect to register for an account on this Site, You will be required to submit certain information. In furnishing such information, You hereby represent and warrant that such information is complete and accurate. If You are registering on behalf of a Principal, You shall identify such Principal in Your registration application. Additionally, You hereby represent and warrant that You are authorized to provide such information and to register on such Principal's behalf. Minors and children (persons under the age of 18) are not eligible to use this Site or register for an account or submit any personal information. By using this Site unsupervised, and/or registering for an account, You warrant that You are 18 years of age or older. AP reserves sole discretion over whether to grant an account, and You agree to access the authorized sections of this Site and Your account only by using the account number and password supplied to You directly by AP.

You are solely responsible for (i) maintaining the confidentiality of any account information, user names, access permissions, and passwords that are provided by AP to access this Site or any product or service available through this Site, and (ii) all activities occurring under Your accounts, user names, or passwords. You agree to take all commercially reasonable efforts to prevent others from obtaining Your account information. You shall notify AP of any unauthorized access or need to update or remove access for any of Your employees or agents. If You become aware of any suspicious or unauthorized conduct concerning an account, You shall contact AP immediately. You shall be liable for payment for all Content downloaded by others using Your account, with or without Your permission or knowledge prior to the time that You notify AP of any unauthorized use. AP shall not be liable for any loss or damage arising from Your failure to follow these obligations.

Confidentiality

In the course of using this Site and/or in speaking with AP representatives, You may receive certain pricing, technical, marketing or other confidential information. "Confidential information" includes any information that is either designated as confidential by AP or that, under the circumstances surrounding its disclosure, a reasonable person would conclude is confidential. You acknowledge that such confidential information constitutes valuable trade secrets of AP and is proprietary to AP. You agree that You will maintain the confidentiality of all such confidential information and that You shall not use or disclose such confidential information without the prior written consent of AP.

Disclaimers and Limitations on Liability

THE SITE AND THE SITE ELEMENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SITE ELEMENTS AND ANY OTHER PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (2) OF NON-INFRINGEMENT AND TITLE; (3) THAT ANY USE OF THE SITE WILL BE FREE FROM ANY INTERRUPTIONS, DELAYS, INACCURACIES, SERVER DOWN-TIME, ERRORS OR OMISSIONS; (4) THAT THE SITE WILL BE SECURE, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; (5) THAT THE SITE AND/OR THE SITE ELEMENTS WILL SATISFY YOUR REQUIREMENTS OR EXPECTATIONS; AND (6) THAT INFORMATION, DATA OR MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE.

UNDER NO CIRCUMSTANCES SHALL AP OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SITE ELEMENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIRS ARISING FROM USE OF THE SITE.

Your access to this Site or any Site Element is done at Your own risk. You shall be solely responsible for any damage to Your computer systems or loss of data that results from the accessing of any Site Elements. AP shall not be responsible or liable for any damage caused by theft, unauthorized access to Your account, systems failure, communications line failure or other occurrences beyond the control of AP.

Although AP endeavors to ensure the accuracy, completeness and reliability of the Content, AP disclaims all representations and warranties concerning the accuracy, completeness and/or reliability of the Content or any data or metadata appurtenant thereof. You assume all risk and responsibility relying on such information. AP also disclaims any responsibility for the accuracy, completeness and/or reliability of any search feature provided by this Site and/or any search results.

This Site may from time to time contain links or pointers to Internet sites maintained by third parties. These links do not imply endorsement by AP of the products or services offered by such third party Internet sites. AP does not operate or control in any way any information, products or services on these third-party sites and AP expressly disclaims any responsibility for such third party sites, which are provided for Your convenience on an "as is" basis without warranties of any kind, express or implied. You hereby waive any and all claims against AP regarding the inclusion of links to outside Internet or the use thereof.

Potentially Offensive Material

This Site contains an extensive archive of news and historical Content. Accordingly, certain Content may describe or depict persons, institutions or events that reflect social attitudes, beliefs and circumstances of a particular place and/or time that may be viewed as insensitive, offensive or inappropriate by You, or the community in or to which You intend to publish, transmit, display or broadcast such Content. AP shall not be liable or responsible to You, or any other person or entity with respect to such Content.

Indemnification

You hereby agree to indemnify, defend and hold harmless AP and its officers, directors, employees, agents and representatives from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys' fees and costs, arising out of or in any way connected with its access to Your use of this Site or any Site Elements in violation or breach or alleged violation or breach of these Terms of Use, Your violation, alleged violation or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary rights of a third party (including defamation, libel, violation of privacy or publicity) or any other applicable laws or regulations. Should You breach these Terms of Use, You will be required to pay all of AP's costs and expenses incurred in connection with the enforcement of these Terms of Use, including AP's attorneys' fees, costs and disbursements.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The affected provision shall be modified to the extent necessary to make it lawful, not void or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision.

Governing Law; Jurisdiction; Disputes

These Terms of Use will be governed and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. These Terms of Use shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. You agree to submit to the jurisdiction of the state and federal courts located in New York County in the State of New York. You agree not to bring any of action relating to the use of this Site or the interpretation of these Terms of Use in any court in any jurisdiction other than the state and federal courts located in New York County, State of New York. AP shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms of Use. In any dispute between You and AP where AP prevails, AP shall be entitled to recover its reasonable attorney fees, court costs, disbursements, and other legal expenses.

No Waiver

The failure of AP at any time to require performance by You of any provision of these Terms of Use shall in no way affect the right of AP to enforce the such provision, nor shall the waiver of any breach by You of any provision herein constitute a waiver of any succeeding breach or the provision itself.

Interpretation

The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The word "will" shall be construed to have the same meaning and effect as the word "shall". The word “or” shall be construed to have the same meaning and effect as "and/or". The words "herein", "hereof" and "hereunder", and words of similar import, shall be construed to refer to these Terms of Use. The headings used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.