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Pitchfork

Terms & Conditions

INTRODUCTION

These Pitchfork Terms & Conditions (the “Agreement”) explain your rights and obligations in accessing, visiting, and/or using the Service, brought to you by Condé Nast.

This Agreement does not apply to third-party websites, apps, destinations, or other offerings that we do not own or control, even if they are linked to or from the Service. All capitalized terms used in this Agreement that are not otherwise defined have the meanings set forth in the Glossary.

When using a Conde Nast Service, you also agree to be bound by the terms of the Conde Nast User Agreement and any applicable guidelines (including but not limited to the Pitchfork Community Guidelines). In the event of any conflict between this Agreement and the Condé Nast User Agreement, this Agreement will take precedence.

You can access this Agreement any time via the Service's home page, or as otherwise indicated depending on the Service you are using.

By registering for any aspect of the Service, or otherwise accessing, visiting or using the Service, you consent and agree to be bound by the terms of this Agreement, the Conde Nast User Agreement, and the Pitchfork Community Guidelines

If you do not agree with the terms and conditions of this Agreement, you should not access, visit and/or use the Service.

In addition to reviewing this Agreement, please also review the Applicable Privacy Policy and Applicable Cookie Policy, and any specific terms and conditions to extent applicable, because the Applicable Privacy Policy and all such terms and conditions are also part of the Agreement between you and us.

This Agreement may be modified from time to time, and in the event that it is, we will notify you. So that you are aware changes have been made, we will adjust the “Last Updated” date at the beginning of this document. If we make a material change to this Agreement, we will also post on the Service a prominent notice regarding that change for your information. Continued access, visitation and/or use of the Service by you, or continued receipt of a Product, will constitute your acceptance of any changes or revisions to the Agreement. If you do not want to agree to these or any updated terms, you can stop using the Service and delete your account.

ARBITRATION NOTICE AND CLASS ACTION WAIVER APPLICABLE USERS IN THE UNITED STATES OF AMERICA ONLY: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN ANNEX 1 BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. READ MORE IN ANNEX 1 BELOW.

MONITORING/MODERATION AND COMPLAINTS REGARDING CONTENT

Monitoring/Moderation.

We may check User Content and other Content as we want to provide users with a safe and enjoyable experience, but we don't have to check Content. Whilst we may check User Content and Other Content, we do not make any guarantees that: (1) the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement, unless we are legally required to do so. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.

When we check User Content, it's to see if it contains certain illegal or undesirable content that is against our rules. If it does, we may block that User Content and even block the account of the user who posted that User Content. We may check User Content before or after it has been posted, including after someone has reported to us that it could be illegal or could breach this Agreement or our Community Guidelines. If any User Content is against our Rules of Use in Section V, Copyright Policy as detailed at VI(G) below, or our Pitchfork Community Guidelines, we may remove or block it, and even suspend or terminate the account or Service usage of the user responsible (see Section VIII.C).

This is how our Content moderation works :

Automated Filtering: A third party service will use automated keyword filters to detect and block offensive language or spam content on all comments.

Human Oversight:Human moderators will review your first two comments, and subsequently human moderators will review flagged comments detected by our third party automated process, and comments we are notified about by other Users, for context and appropriateness, and either approve or deny the content in question.

Please note, your User Content may not be visible on the Service until we have completed the moderation process.

Conde Nast is not responsible for the functionality or accuracy of third party services.

If you feel your User Content has been wrongly blocked when it should not have been, or if you would like to report another User’s Content, you can contact us as at mods@pitchfork.com.

What to Do if You Have a Complaint about User Content or Against Another User

Remember that by using the publicly accessible portions of the Service you may be exposed to Content that is illegal, unlawful, opinionated, offensive, and/or inappropriate, including Content that may violate the Agreement, and which does not represent our views or the views of our licensors, vendors, and/or service providers. You should understand that not all of such Content is actionable. You may not use the Service, or lodge complaints against other users, to facilitate a personal dispute.

If you want to complain about or report any User Content, or inappropriate and offensive behaviours, you can contact us at mods@pitchfork.com (or see our Copyright Complaints Policy at Section VI(G) below if your complaint is about your Content and copyright), but remember that false accusations could get you into trouble legally. You can also email mods@pitchfork.com with details if you think someone has complained unjustifiably about your User Content.

If you think you are a victim of harassment, or other harmful or indecent behaviour, or cybercrime, please contact mods@pitchfork.com in the first instance. You may also wish to report it to your local law enforcement agencies.

Please note that false or wrong accusations might break the law, as well as the terms of this Agreement.

REGISTRATION AND ACCOUNT/PROFILE CREATION

Registration Information

We may require information from you so that you can use the Service or make Purchases. We may at times require that you provide Personal Information and other information (such as payment information) to register for certain Products such as contests and surveys, and/or to make purchases, or register and/or set up an account/profile to access, visit and/or use certain portions of the Service, or the Service as a whole. This information shall be referred to in the Agreement as your "Registration Information".

We may use and share your Registration Information, and other Personal Information, as described in the Applicable Privacy Policy. To learn about our use of your Personal Information that may be collected in connection with your access, visitation and/or use of the Service, please refer to your Applicable Privacy Policy.

You warrant and represent that all Registration Information provided by you is true, accurate, complete, up-to-date, and belongs to you (it is not our responsibility to verify this). If the Registration Information changes, you should notify us promptly on the Service or via the contact information set out in the Applicable Privacy Policy. WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. WE SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.

It is your responsibility to keep your Registration Information and log in details confidential. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.

If you suspect that the security of your account/profile has been compromised, you are responsible for promptly changing the affected Registration Information or log in details by using the mechanism or contact information on the Service or via the contact information as described in the Pitchfork FAQs or the Applicable Privacy Policy. If we are unable to resolve your issue, we may close the account/profile in question.

We may use and share your Registration Information and other Personal Information, to the extent they are personal data (as defined by applicable law), as described in the Applicable Privacy Policy.

SENSITIVE INFORMATION DISCLAIMER

No Individual Advice. While you may freely discuss topics of interest to you, and the Service may include general Content and Products relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on the Service for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional.

RULES OF USE

Use of the Service by You START HERE

You must be at least 16 years old to use the Service. If you are 16 years of age but not yet 18, you should ask for parental permission before using the Service and sharing information on the Service.

Don't access the Service using anything that might interfere with our Service, or we may disconnect it. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any Device or other equipment, hardware, software, product and/or services causing interference with us, Third Party Providers, the Service or any Product or Content.

Use only Devices you own or are allowed to use. If you provide to us the number for a Device, or we obtain the device identifier for a Device you are using, you warrant and represent that such Device is registered in your name and owned by you, or that you have the permission of the Device owner(s).

The Service is for your personal use only. You're responsible for its use by you or anyone else that you allow to use it. Unless otherwise specified, you may not access and/or store the Service or any of its Content except for personal, non-commercial use. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any Device on which the Service resides or is accessible.

If the Service contains links to others' third party services, you go there at your own risk; we're not responsible for them or to you for any content on them. We do not control such linked services and have not reviewed and do not necessarily endorse the Content or Products available on or through such third party services. Such third parties may collect data or solicit personal information from you; we are not responsible for the collection, use, or disclosure of any information collected by such services.

Use the Service only in legal ways, and tell us at once if you suspect a security breach or any illegal activity. You must comply with all laws, rules, and regulations (including local, state, federal, provincial, national, international, and foreign) in accessing and using the Service, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Service.

Follow import/export control laws; don't transfer any legally-restricted Content or post any Content that needs export permissions. You must comply with all applicable import and export control laws, rules, and regulations, including of the United States, the United Kingdom, the European Union, the member states of the European Union or any other relevant governmental or regulatory authority, and you must not transfer, by electronic transmission or otherwise, any Content or Products subject to restrictions under such laws, rules, or regulations to a site, application, destination, location, person or entity, or for an end use, prohibited thereby. You will not post, upload, transmit, send or otherwise make available any Content on or through the Service that cannot be exported without prior authorization or notification, including without limitation certain types of encryption software.

You mustn't be from certain countries or be a person banned by government. You guarantee that (i) you are not located in a country that is subject to a U.S. Government embargo, or European Union or United Kingdom sanction, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties.

Our Service and Content, and authorized Third Party Providers' Content, is protected intellectual property. Content and Products that are provided by us and authorized Third Party Providers, as well as the organization, design, compilation, and “look and feel” of the Service, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or such authorized Third Party Providers.

You can't use 'Pitchfork' or any of our other trade marks or intellectual property without our permission. You acknowledge that ‘Pitchfork’, ‘Pitchfork Music Festival” 'Vogue', 'House and Garden', 'Tatler', 'GQ', 'GQ Style', 'The World of Interiors', 'Vanity Fair', 'Condé Nast Traveller', 'Glamour', 'LOVE', 'Wired', 'Condé Nast Johansens' ‘AD Architectural’, ‘La Cucina Italiana’, and 'Condé Nast College of Fashion and Design' and any other brands or logos that belong to us are Condé Nast trade marks (the "Condé Nast Trademarks") and that you may not use them without written permission from Condé Nast.

If you can download, install or stream certain Content via our Service, these terms apply to them too, and you must use them only to the extent we've said you can. You must, in addition to all of your other obligations, use such Content and/or Products only to the extent expressly authorized for the particular Content or Product, and you may not use such Content or Product in a manner that exceeds such authorization.

Prohibitions on Use of the Service

You must not do, or encourage or allow, any of the following (unless, in some situations, we've agreed):

  • Use someone else's account;
  • Pretend to be someone else or claim a connection with anyone or anything that you don't have;
  • Send any junk/spam, pyramid schemes, chain letters, phishing, ads/marketing etc;
  • Overload or max out the Service;
  • Repeatedly repost the same Content;
  • Send unwanted mass communications;
  • Try to hide the origin of anything you post;
  • Use automation on the Service like bots, scripts, periodic caching;
  • Scrape/copy any Content manually or automatically, except for search engine indexing;
  • Engage in personal attacks, abuse or harassment, and/or use hateful, racist, sexist, ageist etc. language;
  • Enable or encourage violence, crime or other unlawful activities, stalking, and/or unwanted contact;
  • Engage in cyber-sex, or sexting, or post offensive, explicit (sexually or otherwise), immoral, harmful or other inappropriate Content;
  • Post any Content your employment or other contract doesn't allow you to reveal;
  • Post any commercial or promotional Content related to you or any third party;
  • Post any links to third party products or services;
  • Post any Content that is false, misleading and does not reflect your honest opinion and genuine beliefs;
  • Provide any professional advice on health, legal or financial issues;
  • Discuss the workings of sweepstakes, flash sales etc. and their outcomes;
  • Discuss or post content relating to weapons/explosives-related Content;
  • Post or upload Content that infringes copyright or other intellectual property, including using Condé Nast trademarks or intellectual property or rights without consent;
  • Attack, attempt to disrupt, manipulate, or interfere with the Service/Content, or attempt to make access to Condé Nast's servers; or
  • use the Service other than as expressly permitted in this Agreement;
  • Post upload or transmit malware or viruses (or similar) through the Service.

Trying to do any of the above might break the law, as well as the terms of this Agreement.

CONTENT AND FEATURES

Comments on the Service are Not Necessarily Endorsed by Us. We do not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the Service. Any Content posted, uploaded, transmitted, sent or otherwise made available on or through the Service, including advice and opinions, are the views and responsibility of those who post the Content.

You retain ownership of any User Content that you post, but you grant us a licence to use it, and allow others to use it, for any purpose:

Except as expressly provided otherwise in the Agreement, you or the owner of any User Content you post, upload, transmit, send or otherwise make available on or through the Service retains ownership of all rights, title, and interests in such User Content.

By posting, uploading, transmitting, sending or otherwise making available User Content, registering for the Service, entering a sweepstakes or contest, or engaging in any other form of communication with us (on or through the Service or otherwise) you irrevocably grant us a worldwide, non-exclusive, royalty free license (with the right to sublicense) to use, copy, reproduce, modify, edit, translate, enhance, reformat, create derivative works of, delete, reverse-engineer, store, publish, distribute, transmit, or otherwise provide to others, use, or change all such User Content and communications, in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.

Please be aware that User Content you disclose in publicly accessible portions of the Service may be available to other users, so you should be mindful of Personal Information and sensitive User Content you may wish to post.

We can, but don't have to (unless legally required), change features, Content etc. for the Service - even your Content/profile - if it's against the rules in this Agreement or the Community Guidelines. We reserve the right, but (except where required by law) undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Service, including without limitation any Content in your account/profile, or any of your messages, posts, or threads where the latter contravenes this Agreement. This includes updates or upgrades to Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service may not be consistent across all platforms or Devices.

Make sure that you refresh the Service or are using the most up-to-date version of the Service to make sure you are getting the best out of it. If you do not refresh the Service after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which we disclaim any and all responsibility and liability.

You are responsible for ensuring that you are accessing the Service from a Device or other equipment that is supported by the Service (including the cost of this). If any changes require you to obtain a new, additional, or different Device or other equipment, hardware, software, and/or telephone, mobile, wireless, Internet and/or other services, you are solely responsible for any additional expense. We further reserve the right, in our sole discretion, with or without notice, to review, add to or delete your Content, in appropriate circumstances (breach of the Agreement, breach of applicable law). If Content is removed from your account/profile (including your messages, post(s), and/or threads) regardless of whether such removal or deletion is by you or by us, copies of that Content may be retained and/or remain viewable by us, our licensors, vendors, service providers and/or other third parties, including other users.

You acknowledge that we may receive a commission, fee, and/or other compensation on some purchases made on, through, or linked from the Service.

Copyright Complaints

If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail (or equivalent international mail), or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, and other broadly analogous provisions in copyright legislations in other jurisdictions) to our copyright agent set forth below:

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 the Service are covered by a single notification, a representative list of such works at the Service;

Identification of the copyrighted work 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 us to locate such copyrighted work;

Information reasonably sufficient to enable us 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 that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). YOU SHOULD CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.

Copyright Agent: 
Copyright Agent 
Advance Legal 
One World Trade Center Phone: (212) 381-7294 
New York, NY 10007-2915 E-mail: copyright@advance.com

Note: Only copyright complaints should be sent to the Copyright Agent. No other communications will be acted upon or responded to.

For communications on other matters, please contact us through the means described on the Service, if available (for example, in the "Contact Us" section), or if no such means are specified, contact us via the contact information described in the Applicable Privacy Policy.

LEGAL

Your liability to us. You agree and promise to reimburse and defend us in full from and against any and all Claims which may arise out of or are in any way connected with your access, visitation and/or use of the Service, your Content, unauthorized use of Content obtained on or through the Service, breach of the Agreement, or from any of your acts or omissions in connection with the Service.

Our liability to you.

You may have certain rights under the laws of your country providing you with legal protections with regards to the quality and standard of Products and Services, or other liabilities that we may be responsible to you for, which cannot be varied by any contractual arrangement, and we recommend that you familiarise yourself with such protections where applicable.

Except for the mandatory protections referred to above that cannot be limited, you acknowledge and agree that: you are using the Service, Content and Products at your own risk, and these are provided on an "as is" basis and we do not make any guarantees or promises with regards to the Service, Content, and/or Products; and

our liability to you under this Agreement is limited to the maximum extent permissible in your country of residence.

Terminating or suspending your access to the Service

We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Service, your account/profile, your ability to access, visit and/or use the Service or any portion thereof (including any Content), and/or the Agreement, in case of breach of applicable law or of the terms of this Agreement, or if required for legal or regulatory purposes with or without notice. In the event of any termination or discontinuation of your account/profile, your ability to access, visit and/or use the Service or any portion thereof (including any or Content), and/or the Agreement, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your account/profile credentials that we provided to you, including without limitation any password and/or User ID.

Even if the Service, your ability to access, visit and/or use the Service or any part of it (including any Product or Content), and/or the Agreement is terminated, discontinued, suspended or restricted, by you or by us, we, as permitted by local laws, have no obligation to (but we may in our discretion) remove any Content, and therefore copies of all information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service, may be retained and/or remain viewable by us, Third Party Providers and/or other third parties, including other users. Nevertheless, as permitted by and in line with local laws, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service.

All provisions of the Agreement shall survive the termination or expiration of the Agreement, your relationship with us, and/or your account/profile.

Third Party Providers. Certain Third Party Providers that feature on our Service may require that you agree to their additional terms, conditions, contracts, agreements and/or rules when clicking through to access their services. Your compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with the Agreement when using our Service. You acknowledge that we are a third party to the terms, conditions, contracts, agreements and / or rules from the Third Party Providers.

Compliance with Applicable Law: Those who choose to access, visit and/or use the Service do so on their own initiative and are responsible for compliance with all laws, rules, and regulations (including local, state, federal, provincial, national, international, including in any jurisdiction worldwide), as applicable to You, the Service, the Products, and/or the Agreement.

Governing Law: This Agreement is governed by and construed in accordance with the laws of the United States, State of New York. However, the laws of the country within which you live may also apply to the terms of this Agreement, and this clause will not, and does not seek to, override that.

Jurisdiction: Unless you are a resident of the United State of America (and if you are please refer to Annex 1), any dispute, difference or claim that may arise between the Parties, as a result of or in connection with this Agreement or a breach thereof, will be subject to the exclusive jurisdiction of the national courts of your country of residence.

General

Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.

We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice to you. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.

If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the relevant provision or this Agreement.

Save as expressly stated in this Agreement, no one other than us or you shall have any right to enforce any term of this Agreement, and any right of any other party do so under any laws, rules, and regulations, anywhere in the world (including the Contracts (Rights of Third Parties) Act 1999 in the UK, or broadly similar laws in other jurisdictions), is excluded.

Glossary

As used in this Agreement, the following terms have the following meanings:

“Agreement” means all rules, restrictions, limitations, terms and/or conditions that apply to the Service, whether listed in this Agreement, the Conde Nast User Agreement, the Pitchfork Community Guidelines or the Applicable Privacy Policy, or posted at various points in the Service, or otherwise communicated to users of the Service.

"Applicable Cookie Policy" means https://www.condenast.com/cookie-policy.

"Applicable Privacy Policy" means https://www.condenast.com/privacy-policy

“Claim” means any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, that has accrued or may hereafter accrue, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.

“Content” means all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content bookmarked by you and/or other users and any User Content.

“Device” means any computer, tablet, mobile phone, television, or any other device capable of accessing the Service.

“Personal Information” means the information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, Device, or household. Anonymous, de-identified, or aggregate information is not Personal Information as used herein. The notion of Personal Information is without prejudice of the definition of Personal data under the General Data Protection Regulation ((EU) 2016/679) and the UK Data Protection Act 2018.

“Product” means any merchandise, item, product and/or service, including without limitation Content, contests and surveys, magazines and other publications that may be featured, mentioned, reviewed, described, auctioned, given away, rented, sold, distributed, or otherwise available on or through the Service, either by us or third parties.

“Service” means each website, mobile site, application, email/text/SMS campaign, event, and/or other activity, offering, or publication (regardless of how distributed, transmitted, published, or broadcast) provided by us that links to, or references, this document, including without limitation all Content, features and functionality thereof, such as widgets, plug-ins, and embeddable players.

“Third Party Providers” mean any third party unaffiliated with us that play a role in providing the

Service and Products and enabling you to acquire, access, visit and/or use the Service and Products via your Device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, cable, and Internet network providers and carriers, sellers or providers of technology or Products, as well as vendors, service providers and others we retain to host, run, track, and otherwise administer portions of the Service.

"User Content" means any Content uploaded or posted to the Service by you and/or other users.

“We”, “Us” “Our” and “Condé Nast”, whether capitalized or not, means Advance Magazine Publishers, Inc., on behalf of itself and its worldwide affiliates and related entities operating under the Condé Nast brand, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns.

“You” or “Your”, whether capitalized or not, means all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise. “You” and “Your” also includes your administrators, executors, successors and assigns.

Annex 1

THE BELOW SECTION APPLIES TO USERS IN THE UNITED STATES OF AMERICA ONLY

Arbitration, Waiver of Class Action Suits, and Dispute Resolution:  THIS SECTION SHOULD BE BROADLY CONSTRUED TO COVER ANY CLAIM RELATING TO ANY ASPECT OF YOUR RELATIONSHIP WITH US, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM ARISING OUT OF OR RELATED TO THE AGREEMENT.

You agree that in the event you have any Claim against us, you will first contact us and make a good faith sustained effort to resolve the Claim before resorting to more formal means of resolution, including without limitation arbitration or any court action. You may contact us through the means described on the Service, if available (for example, in the "Contact Us" section), or if no such means are specified, contact our Privacy Policy Coordinator as described in the US Privacy Policy.

IN THE EVENT ANY CLAIM CANNOT BE INFORMALLY RESOLVED, YOU AND WE AGREE TO ARBITRATE ALL CLAIMS ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE TERMS OF THE ARBITRATION PROVISIONS OF THIS AGREEMENT, RATHER THAN LITIGATE THE CLAIM IN COURT, EXCEPT FOR THE CLAIMS EXCLUDED FROM ARBITRATION LISTED BELOW IN PARAGRAPH 4. ARBITRATION MEANS YOU WILL HAVE A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY ENTERING INTO THIS AGREEMENT, YOU AND WE EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY FOR ALL CLAIMS, EXCEPT FOR THE CLAIMS EXCLUDED FROM ARBITRATION LISTED BELOW IN PARAGRAPH 4.

The arbitration will be administered by the National Arbitration and Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures. For more information about NAM and the arbitration process, please visit the NAM website at www.namadr.com.

Payment of all filing, administration, and arbitrator fees will be governed by NAM’s rules, except as follows: if your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to NAM.

All issues are for the arbitrator to decide, except those issues relating to the scope, application, and enforceability of this arbitration provision are for the court to decide.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The laws of the United States, State of New York, without regard to any principles of conflict of laws, applies to any arbitration under this section.

Unless you and we agree otherwise, any in-person hearings for the arbitration shall take place either in your county of principal residence or New York, New York.

The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction.

This Agreement to Arbitrate shall survive any termination of the Agreement, including any termination of your relationship with us.

RESTRICTIONS ON CLAIMS:

AN ARBITRATION OF ANY CLAIM SUBJECT TO THIS ARBITRATION PROVISION MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO SUCH CLAIM, OTHERWISE, THE CLAIM IS BARRED AND THE RIGHT TO PURSUE SUCH CLAIM IS WAIVED.

BY ENTERING INTO THIS AGREEMENT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION IN COURT OR A CLASS ARBITRATION. ALL PARTIES MUST BE INDIVIDUALLY NAMED. TO THE FULL EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN COURT ON A CLASS ACTION OR CONSOLIDATED BASIS ON BEHALF OF OTHER USERS, SUBSCRIBERS, REGISTRANTS OR OTHER PERSONS SIMILARLY SITUATED, OR BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL).

ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY CLAIM WITH US.

WE AND YOU AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION (“EXCLUDED CLAIMS”): (1) ANY CLAIM FILED BY YOU OR US IN SMALL CLAIMS COURT WHERE THE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF SUCH COURT; AND (2) ANY CLAIM REGARDING ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.

You further agree that for Excluded Claims and other Claims in which arbitration is denied:

the restrictions set forth in Section (3)(ii)-(iii) of this Annex 1 above shall apply;

regardless of where you access, visit and/or use the Service, such Claims shall be governed and construed in accordance with the laws of the United States, State of New York, without regard to any principles of conflict of laws; and;

will be resolved exclusively by a state or federal court located in New York, New York, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of New York, and any other laws, the conflict will be resolved in favor of New York law.

If for any reason an arbitrator or court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MUST NOTIFY US IN WRITING BY CONTACTING US AT THE ADDRESS BELOW WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST PURCHASE, SUBSCRIBE TO, OR REGISTER FOR THE APPLICABLE PRODUCT OR OTHERWISE ACCESS, VISIT AND/OR USE THE SERVICE. YOUR WRITTEN NOTIFICATION TO US MUST INCLUDE: (1) YOUR FULL NAME AND ADDRESS; (2) THE NAME OF THE SERVICE OR PRODUCT YOU ACCESSED, VISITED AND/OR USED; AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE CLAIMS WITH US THROUGH ARBITRATION AND YOU DO NOT WAIVE YOUR RIGHT TO BRING A CLASS ACTION IN COURT. YOUR DECISION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR YOUR USE OF THE SERVICE OR PRODUCT. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER, YOU DO NOT NEED TO DO SO AGAIN.

Advance Legal 
Arbitration Opt-out 
One World Trade Center 
New York, NY 10007

Notwithstanding the terms of this Annex 1, we shall have the right to seek and obtain interim or injunctive relief, including any other form of urgent relief, from a court of competent jurisdiction at our discretion. This includes but is not limited to, the right to seek temporary restraining orders, preliminary injunctions, and permanent injunctions to enforce the provisions of this Agreement.