Terms

Introduction

These terms and conditions (the “Terms”) between you and Public Announcement Global LLC, a New York State limited liability company (referred to herein as “PA”), govern your use of publicannouncement.org (the “Website”) and the PA Daily email newsletter (the “Newsletter” and, together with the Website, the “Service”).

By using the Website and/or Newsletter, you accept these Terms in full as legally binding on you. If you disagree with these Terms or any part of these Terms, you may not use the Website or Newsletter.

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, without limitation, suspending, limiting and terminating your access to the Service.

Please pay special attention to the Choice of Law and Dispute Resolution section below, which requires that any disputes regarding the Service will be adjudicated in a private arbitration. By agreeing to these Terms, you are agreeing to resolve any dispute between us through arbitration, and you are waiving your right to present your case to a judge or jury. You are also waiving your right to participate in any class action or representative action against us.

Eligibility

You may use the Service only if you are legally able to form a binding contract with PA, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by PA.

License to use Public Announcement

Unless otherwise stated, PA owns the intellectual property rights and material presented on the Website and Newsletter. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• sell, rent or sub-license material;
• reproduce, duplicate, copy, or otherwise exploit material for a commercial purpose;
• republish material (including republication on another website or app) except for as provided in Permitted Sharing below;
• show any material in public except for as provided in Permitted Sharing below;
• edit or otherwise modify any material; or redistribute material without permission from PA except as provided in Permitted Sharing below;
• use a group inbox to subscribe to the Newsletter, or;
• share content beyond the limits provided in Permitted Sharing below.

Permitted Sharing

A subscription to Public Announcement is for one person only.

1. Newsletters may be forwarded to a friend(s) or colleague(s) no more than 10 times per month, provided it does not result in the Newsletter’s publication in any form.
2. You may take a screenshot of partial content for the purpose of sharing privately or on social media no more than 10 times per month provided such publication includes attribution to Public Announcement.
3. You may reproduce a reasonable excerpt for a blog post or other publication provided such publication includes attribution and link to publicannouncement.org. Such excerpt shall not exceed 40% of content in the originating article.

PA reserves the right to terminate any or all of these exceptions at any time globally or on an individual user basis.

Pricing

Unless otherwise noted, all pricing is in US Dollars (USD).

Refunds

Refunds are not permitted.

Restricted Access

Access to certain areas of the Website is restricted. PA reserves the right to restrict access to other areas of the Website, or indeed the entire Website, at PA’s discretion. In order to provide access to restricted areas and content, we need certain registration information from you, such as your name, email address, and potentially other uniquely identifying information (collectively, “Registration Data”). You agree that the Registration Data will be true, accurate, complete, and current at all times. Registration Data and certain other information about you are subject to our Privacy Policy.

If PA provides you with a user ID and password to enable you to access the Newsletter or restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. You agree not to: (i) share your ID or password with any other person; (ii) knowingly use the name, identity or email of any other person to gain access to restricted areas or content without authorization; or (iii) use an email address or other designation that is profane, offensive or otherwise inappropriate. You agree that you are fully and solely responsible for maintaining the confidentiality and security of, and for all uses of, your account, ID and password, and Registration Data and for all activities that occur under your account, even if such activities were not committed or authorized by you. You agree to promptly notify us of any breach of security by email to operator@publicannouncement.org.

PA may disable your user ID and password in PA’s sole discretion without notice or explanation.

Privacy

PA takes your privacy seriously. What data we collect and how we use it are explained in greater detail in our privacy policy, which is binding as if provided in these Terms.

Digital Millennium Copyright Act

Notification of Alleged Copyright Infringement. We have registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avail ourselves of the protections under the Act. We reserve the right to remove any content that allegedly infringes another person’s copyright. We will terminate, in appropriate circumstances, users who are repeat infringers of another person’s copyright. Notices regarding any alleged copyright infringement should be directed to us via email to operator@publicannouncement.org.

Filing a DMCA Notice to Remove Copyright-Protected Content:

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

• Your name, address, telephone number and email address (if any);
• A description of the copyrighted work that you claim has been infringed;
• A description of where on the Service the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., a URL);
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
• A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• Your electronic or physical signature.

Filing a DMCA Counter-Notice to Restore Content Removed from the Service

If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notification containing the following information:

• Your name, address, telephone number and email address (if any);
• A description of the material that was removed and the location on the Service where it previously appeared;
• A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which we may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
• Your electronic or physical signature.

Advertisers

The Service may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Service is accurate and complies with applicable laws. We will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Errors and Corrections

We do not represent or warrant that the Service will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We do not warrant or represent that the content available on or through the Service will be correct, accurate, timely, or otherwise reliable. We may make improvements and changes to the features, functionality or content of the Service at any time.

No Warranties

Limitations of Liability

Reasonableness

By using the Newsletter and Website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you may not use the Website or Newsletter.

Other parties

You accept that, as a limited liability entity, Public Announcement Global LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against PA’s members, managers, officers, or employees in respect of any losses you suffer in connection with the Newsletter or Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect PA’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as PA.

Indemnity

You hereby agree to indemnify, defend and hold harmless PA and our present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service and undertake to keep such parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by such parties to a third party in settlement of a claim or dispute on the advice of PA’s legal advisers) incurred or suffered by such parties arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Breaches of these terms and conditions

Without prejudice to PA’s other rights under these Terms, if you breach these Terms in any way, PA may take such action as PA deems appropriate, including suspending your access to the Newsletter and/or Website, prohibiting you from accessing the Newsletter and/or Website, blocking computers using your IP address from accessing the Newsletter and/or Website, contacting your internet service provider to request that they block your access to the Newsletter and/or Website and bringing court proceedings against you.

Revising these Terms

PA may revise these Terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Newsletter and Website from the date of the publication of the revised terms and conditions on this Newsletter and/or Website. Please check this page regularly to ensure you are familiar with the current version.

Third Party Links

The Website and/or Newsletter may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by PA. PA does not endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access a third party website from the Website and/or Newsletter, you do so at your own risk, and you understand that these Terms and PA’s Privacy Policy do not apply to your use of such sites. You expressly relieve PA from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that PA shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Choice of Law and Dispute Resolution

These Terms are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws.

Any dispute or claim arising from or relating to these Terms will be settled by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (the “Rules”) then in effect, which Rules are incorporated into these Terms by reference. Any arbitration will be before a single arbitrator in accordance with the Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, each party has the right to bring an action for injunctive or other equitable relief, pending a final decision by the arbitrator, in the courts located in New York County, New York.
Any arbitration will be held in New York, New York, or another location that is reasonably convenient to both parties, accounting for travel and other circumstances, as contemplated by the Rules.

YOU AGREE THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, CLASS ARBITRATION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT OUR PRIOR WRITTEN CONSENT. EACH PARTY IS WAIVING ITS RIGHT TO A TRIAL BY JURY.

Entire Agreement; Severability

These Terms supersede all other agreements between the parties concerning their subject matter. If any provision of these Terms is found to be unenforceable, that provision will be limited to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and delegate any of our obligations under these Terms.

Contact

You can contact Public Announcement Global LLC by mail at 10 Broome St, Brooklyn, NY, 11222, USA, or by email to operator@publicannouncement.org.

Last updated 2021-03-18