Last Updated: January 2022

At The New York Sun (“we,” “us,” “our”), we know how our customers and visitors like you value your privacy, and we have created this Privacy Policy (“Policy”) to ensure that you understand our policies and procedures, what personal information we may collect, use, and share through your use of our website at www.nysun.com (“Site”) or our services, and what rights you may have relating to such information.

Please read this Policy carefully. This Policy is effective as of the date stated at the top of this page and may be updated from time to time to keep with our developments or evolving legal or regulatory requirements, so please check this Policy periodically for updates. By accessing this Site you acknowledge and agree to the practices described in this Policy. If you do not agree with this Policy you may not use our Site.

If you have any questions or comments about this Policy, please contact us at info@nysun.com.

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Information Collected By The New York Sun and How It May Be Used.

The New York Sun may collect various types of information when you visit the Site either (i) directly from your voluntary engagement with the Site or our services; or (ii) automatically from you when you interact with the Site.

The following categories of information we may collect from you includes:

• Membership and subscription information.   In order to set up your account and fulfill your request(s) we may collect your name, phone number, mailing address, email address, credit card information, billing address, or other payment information.
• Event and marketing information.   When you attend an event hosted by us or our partners we may collect your name, phone number, mailing address, and email address to provide you with updates on our newspaper, any new benefits or services, newsletters, or other information on behalf of ourselves or third-parties that we think would be of particular interest.
• Contests and promotions.   Should you choose to enter or respond to a contest, survey, sweepstakes or other promotional feature, we may ask you for your name, address and email address or other personal information. We will also collect any additional information or materials that you voluntarily provide to us.
• Feedback information.   To receive and respond to your customer service requests or comments on your experience with The New York Sun, we may collect your name, phone number, mailing address, email address, images, and any relevant history.
• Device information.   When you interact with our Site, we may automatically collect information about the computers, phones, and other devices you are using (e.g. IP address, WiFi information, geo-location, device attributes, operating system version, etc.).
• Website usage.   So that we may understand and improve our customer and visitor experiences, as well as the functionality of the Site, we may collect information about how you interact with the Site such as mouse movements, clicks, keystrokes, the date of your visit, the time spent on pages of the Site, or other actions.

Personal Information that is automatically collected may be obtained through cookies and similar technologies. Cookies are small files that are stored on your computer or mobile device through a user ID or other preferences. We use cookies to personalize your experience when you use the Site (e.g. auto-populating your log-in credentials or settings). You are free to set your browser or operating system setting to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features through our Site or take full advantage of all our services. For more information on this, please see our Cookie section below.

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How and When We May Disclose Your Information.

We may disclose your personal information to third-parties in the following instances and as permitted by law:

• Service providers.   To carry out certain tasks including, to process your payments, mail you products, distribute emails, manage promotions, offer you customer service, serve you relevant ads, and maintain technology and related infrastructure.
• To meet applicable legal requirements.   Should you choose to enter or respond to a contest, survey, sweepstakes or other promotional feature, we may ask you for your name, address and email address or other personal information. We will also collect any additional information or materials that you voluntarily provide to us.
• A business sale.   In the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of other business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• With your consent.   To comply with a legal obligation or the decision of a judicial authority, a public authority or a government body, or if disclosure is necessary for national security, law enforcement or other public interest.

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Cookies.

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you’ve visited. We may use cookies to enhance your experience on this Site, to determine user traffic patterns and for other purposes. We use different types of cookies for different purposes, specifically, strictly necessary cookies, performance cookies, and functionality cookies:

• Strictly necessary cookies.  Are essential to fulfill an action requested by you, such as identifying your browser settings. We cannot guarantee how the Site will perform during your visit if you adjust these.
• Performance cookies. Allow us to view analytic information about how users interact with our Site.
• Functionality cookies.  Enhance the performance and functionality of our Site, such as remembering you or your preferences.

Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to fully access and/or enjoy certain pages or aspects of the Site.

At times, some of the advertisers on our Site and their ad service providers set cookies when you click their advertising banners. While we use cookies in other parts of the Site (as discussed above), cookies received with banner ads are collected by those advertisers and their ad service providers, and we do not have access to that information. The ad company’s privacy policy and/or that of its service provider will govern the use of this information and The New York Sun is not responsible for the privacy practices of such ad company.

For more information about cookies and similar technologies, please visit allaboutcookies.org.

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Interest-Based Advertising.

Interest-Based advertising, also known as online behavioral advertising, is the practice of collecting information about users’ activities across sites over time, and using such information to deliver targeted advertising based on such users’ interests. This can be achieved through automated means, including through the use of first and third-party cookies, web server logs, pixels, and web beacons. We may use this information from our website and trusted third-parties such as Facebook, Google, and Pinterest, in order to tailor our advertisements to your individual interests or to inform you about new products or services.

The data collection ay take place on our Site and third-party websites that participate in ad networks that collect information on our behalf about your visits to other websites.

The information collected and used in this manner is generally, on its own, anonymous and not personally identifiable (e.g. browsing history, demographic information, purchase history, media consumption, shopping habits, lifestyle preferences, or other similar information). To learn more about interest-based-advertising and your choices with respect to it in more detail, please visit the Network Advertising initiative at www.networkadvertising.org and the Digital Advertising Alliance at www.aboutads.info. To opt-out of some of our advertising partners’ use of cookies in this manner, visit www.networkadvertising.org

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Security and Retention.

We will use commercially reasonable efforts to secure and protect the privacy of your information. However, please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via the Site.

Please note that we reserve the right to access and/or disclose personal information and non-personal information we gather as required by courts or administrative agencies and to the extent required to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which The New York Sun deems improper.

We will keep your personal information as long as reasonably necessary to fulfill the purposes for which it was collected. In some circumstances we may retain your personal information for longer if and when required (e.g. legal, tax, or accounting requirements).

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Links to Other Sites.

This Site may provide links or references to other websites. However, we have no control over or responsibility for content on third-party sites and transactions that occur therein. The privacy policies and terms and conditions governing this Site may differ significantly from the policies of third-party websites and we strongly advise you review any applicable policies of these third-party websites.

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Your Rights and Opt-Out Procedures in General.

You have the option to opt out of receiving information from The New York Sun. This opt out messaging will appear at the bottom of every email that is sent out. The New York Sun also gives you the option to remove your information from its database completely. If you no longer wish to take advantage of this Site or to receive any form of direct contact from The New York Sun, whether it is email, discounts, newsletters, or other promotional offers or materials, or wish us to delete your personal information from our data records, contact us at info@nysun.com to cancel your account.

In order to ensure that the information we maintain is accurate, The New York Sun gives users the option to change or modify their information previously provided. If you would like to change your information currently in our database, please contact us at info@nysun.com. Unless you are a resident of the European Union or California (which have specific rights explained below), The New York Sun is not responsible for updating information contained in third-party lists or databases.

We currently do not honor Do Not Track signals from internet browsers; when a universal standard for processing them emerges, we will follow it.

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Protection for Children.

This Site is not intended for users under the age of 18. Furthermore, we have no intention of collecting personal from children (i.e., individuals under the age of 13). If a child has provided us with personal information, that child’s parent or guardian should contact us at info@nysun.com or send us a letter marked “Privacy – Urgent” at the address below if they would like the information submitted by the child deleted from our database. We will use all reasonable efforts to delete such information from our database.

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Additional Rights for European Union Residents.

The European Economic Area provides certain rights to data subjects under the General Data Protection Regulation (GDPR) (including access, rectification, erasure, restriction of processing, data portability, and the right to object and to complain). If applicable, in the event we transfer your personal data to countries that do not meet GDPR requirements, we will ensure that the recipient provides adequate protection by entering into Standard Contractual Clauses approved by the European Commission. These rights include:

• The Right to Access.  You have the right to learn if your personal information is being processed by The New York Sun, including which categories and specific pieces of personal information we have.
• The Right to Rectify.   You have the right to verify the accuracy of your personal information and ask for it to be updated or corrected.
• The Right to Delete.  You have the right, under certain circumstances, that we erase or otherwise remove your personal information from The New York Sun.
• The Right to Transfer.  You have the right to receive your data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another processor without any hindrance. This right is applicable provided that the data is processed by automated means and the processing is based on your consent or a contract which The New York Sun is a part of.
• No Discrimination.  You have the right not to be discriminated against for exercising the rights described above.

You may exercise your EU privacy rights by emailing info@nysun.com . We will handle verified requests to access, correct, or delete your information within thirty (30) days unless the request is unusually extensive or complex, in which case we will inform you of the expected timeline for handling your particular request.

Legal Bases for Processing.

We process your personal information based on one of the following legal conditions;

• Your consent (e.g. to place cookies which process personal information, or marketing)
• To perform our agreement with you (e.g. to process your payment or shipping information to fulfill your subscription)
• To comply with a legal obligation to which we are subject
• Our legitimate interests, provided they do not override your fundamental rights and freedoms (e.g. for direct or behavioral marketing purposes, to expand our business activities, to generate aggregated statistics about our customers and Site, which you may opt-out at any time).

You may exercise your EU privacy rights by emailing info@nysun.com . We will handle verified requests to access, correct, or delete your information within thirty (30) days unless the request is unusually extensive or complex, in which case we will inform you of the expected timeline for handling your particular request.

International Transfers.

The personal information we collect may be transferred to and stored in countries, outside the jurisdiction where you are and where we or our third-party service providers have operations. If you are located in the EEA, United Kingdom, or Switzerland, your personal information may be processed outside of those regions, including in the United States. In the event of such a transfer, we will ensure that: (i) the personal information is transferred to countries recognized as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate and approved safeguards, such as standard contractual clauses adopted by the European Commission.

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Additional Rights for California Residents.

If you are a California resident, certain rights may be accorded to you under the California Consumer Privacy Act (CCPA) including:

• The Right to Access.   You may request, up to 2 times each year, that we disclose to you the categories and specific pieces of information that we have collected about you.
• The Right to Delete.   You may request that we delete any personal information that we have collected from or about you.

In accordance with the CCPA, in addition to the details described above, we make the following disclosures:

• We collect the following categories of personal information: identifiers/contact information, commercial information, financial information, internet or other electronic network activity information, location, and any inferences drawn from the foregoing.
• We disclose the following categories of personal information for our business purposes: identifiers/contact information, financial information, internet or other electronic network activity information, location, and any inferences drawn from the foregoing.

You may exercise your California privacy rights by emailing info@nysun.com. We will handle verified requests to access, correct, or delete your information within forty-five (45) days unless the request is unusually extensive or complex, in which case we will inform you of the expected timeline for handling your particular request. We do not discriminate against any California residents who exercise any of their rights described in this Privacy Policy.

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Contacting Us.

If you have any questions about this Policy, the practices of this Site, or your dealings with this Site, you can contact us at: info@nysun.net or telephone at (212) 918-8184.

Last Updated: January 2022

Welcome to www.nysun.com, (the “Website”) which is owned and operated by The New York Sun Company, LLC (“The New York Sun,” “we,” “us,” “our”).

YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE (“TERMS”) AND ALL APPLICABLE LAWS. BY ACCESSING AND BROWSING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY FOUND HERE WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY YOU MAY NOT ACCESS THIS WEBSITE.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of any revised Terms or Privacy Policy means you agree to the changes

This Website is not intended for, and we have no intention of collecting personal information from, children under the age of 13. Additionally, if you are 18 or younger, you are not authorized to submit any content or information to this Website without the explicit consent of your parent or legal guardian.

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I. Intellectual Property Rights.

A. In General.

Subject to these Terms and any applicable fees and charges, The New York Sun hereby grants you a non-exclusive, non-transferable, limited right to access and use the Website for your personal, non-commercial use, on one computer only, to view content made available to you by The New York Sun. This Website and all of the information it contains, such as, but not limited to, articles, reviews, directories, opinions, other text, guides, photographs, illustrations, images, video, audio, advertising copy (and the design, selection and arrangement thereof), html coding and other computer programs and software (including source and object code) as well as the trademarks, logos, domain names, and any and all copyrightable material and/or any other form of intellectual property (collectively, the “Content”) are owned by The New York Sun, its licensors, or other third parties.

You may not copy distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works, republish or transmit such Content or the Website, in whole or in part, or in any way without our prior written consent.

You may use the Content online and solely for your personal, non-commercial use, and, only where expressly permitted on the Website, you may download or print a copy of a portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in or on such Content. You do not acquire any right, title or interest in such Content by virtue of accessing this Website or making use of the permitted uses allowed under these Terms.

Please direct any requests to use Content for any purpose other than as expressly permitted in these Terms to info@nysun.com. If you do not receive a response to any such request you should assume that the request has been denied. In certain cases, you may be able to obtain a license to use individual stories that appear on this Website through online functionality we have specifically designated (for example, you may be permitted to “e-mail a story to a friend” or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may license or you will see a link in the Content itself.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Content or the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Content or the Website is transferred to you, and all rights not expressly granted are reserved by The New York Sun. Any use of our Content or the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws

B. Submissions and Unsolicited Materials..

Please note that it is a policy of The New York Sun not to accept or consider unsolicited articles, photos, proposal, ideas or other materials of any kind. The New York Sun will, and you license The New York Sun and agree that The New York Sun may: (i) consider any and all materials, including without limitation proposals, ideas, concepts, drafts, articles, photos or finished work product submitted through this Website or otherwise submitted (“Submissions”) not to be confidential or proprietary; (ii) to be freely available for use of any kind, including use in advertisements and promotions and in The New York Sun, without recognition, compensation or payment of any kind and (iii) modify, alter, display, store, distribute, publish, post, reproduce, disclose, transmit, and/or broadcast Submissions in any form, media, software or technology of any kind now known or developed in the future for any purposes.

C. Submissions and Unsolicited Materials..

We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of any third-party intellectual property rights, including rights granted by copyright law.

Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you believe that certain Content may infringe your copyrights, we encourage you to contact us immediately with the following:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please address such notice with the below information to our Designated Agent at:

copyrights@nysun.com / Subject line: DMCA

Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue.

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II. Access and Use of the Website.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

A. Registration for Electronic Subscriptions.

If you become a registered subscriber to nysun.com, you agree that you are responsible for all activities that occur under your account or password, and agree not to sell, transfer or assign your subscription or any associated rights. We reserve the right to terminate your subscription if any individual other than you attempts to access nysun.com using your user name or password or if you (anyone using your user name and password) otherwise breaches these Terms. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access nysun.com in violation of these Terms. E-mail us immediately at the address listed below in the “Contact Us” Section if you believe someone has accessed nysun.com using your user name and password without your authorization.

B. Restrictions on Use.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, if, in our opinion, you have violated any provision of these Terms of Service.

You agree that you will not access or use the Content or the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation, to:

1. transmit any information or message that contains unlawful, profane, vulgar, infringing, threatening, hateful, fraudulent, libelous, defamatory, false, misleading, obscene or abusive information or language;
2. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
3. impersonate any person or entity without proper authorization from that person or entity (for example, using or attempting to obtain or use another’s information, account, or password in any manner);
4. falsely state or misrepresent your affiliation with any person or entity, including the origin of any information you provide;
5. reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit the Website, or any portion thereof without the prior written consent of The New York Sun, except that certain Content on the Website may be viewed, reproduced, and downloaded solely for your own authorized use as expressly permitted herein and is not in use or shared in any way that is commercially prejudicial to or competitive with The New York Sun.
6. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, or attempt to probe, scan, test the vulnerability of, or breach the security of any The New York Sun system or network;
7. interfere with or attempt to interfere with any software making up a part of the Website, by way of circumvention, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise;
8. introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technically harmful;
9. use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor, or copy the Website, or the reports, data, information, content, software, products, or other materials on, generated by or obtained from the Website or any other unauthorized automated means to compile information without The New York Sun’s permission, with the exception of generally available third-party web browsers;
10. obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Website;
11. use the Website in any manner that could damage or overburden any The New York Sun server, or any network connected to any The New York Sun server, as all servers have limited capacity and are used by many people;
12. upload or transmit any communication, software, or material that contains a virus or is otherwise harmful to The New York Sun or our users’ computers and/or systems;
13. engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that in our sole discretion, exposes us or any of our users, employees, affiliates, or any other third-party to any liability, damage, or detriment of any type;
14. display or link the Content or the Website with or near any content that may be considered is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate or objectionable to The New York Sun;
15. send unsolicited e-mail, including promotions and/or advertising of products or services, through the Web site or forge or mask your true identity in any e-mail or posting;
16. frame portions of the Website within another website or establish links from any other website to any page of the Website other than the home page
17. advertise, offer to sell or buy any goods or services for any business purpose, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or
18. violate any applicable laws or regulations.

Violation of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Website for any or no reason at any time without notice.

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III. User Contributions.

The Website may contain reviews, testimonials, discussion forums, and other types of user generated content where you or other users may create, post, or store any content, messages, or other material on the Website (e.g. images, audio, video, logos, emails, texts etc.) (collectively, “User Contributions”). You understand and acknowledge that you are responsible and assume any risk for any User Contributions, including the legality, reliability, accuracy, and appropriateness of such content. The New York Sun neither endorses nor is responsible for any User Contributions and under no circumstance will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such User Contributions.

You may be given the opportunity to participate in message boards, chat rooms and other public forums located on the Website. All information and content provided by you will be displayed publicly. We are not liable or responsible to you in any way for the use of any information and/or content that you may post to such chat rooms. Any user failing to comply with these Terms may be expelled from and refused continued access to, the message boards, chat rooms or other public forums in the future. We may remove or alter any user-created content at any time for any reason. Message boards, chat rooms and other public forums are intended to serve as discussion centers for users of the Website. Information and content posted within these public forums may be provided by our staff, outside contributors, or by users not connected with us. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages.

You agree that any User Contributions by you will not contain material that:

(a)transmit any information or message that contains unlawful, profane, vulgar, infringing, threatening, hateful, fraudulent, libelous, defamatory, false, misleading, obscene or abusive information or language;

(b)(b) is false, misleading or inaccurate;

(c)violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

(d)poses a reasonable threat to personal or public safety;

(e)infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

(f)contains any unsolicited or unauthorized advertising or promotional materials (e.g. spam, junk mail, or any other form of solicitation that is in violation of the CAN-SPAM Act, GDPR, or any other law); or

(g)contains any virus or other harmful component.

YOU SHALL BE SOLELY LIABLE FOR ANY HARM RESULTING FROM ANY OF THE ABOVE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE NEW YORK SUN FROM ANY CLAIMS, ACTIONS, LOSSES, HARM, DAMAGE, INJURY, COST, OR EXPENSE ARISING OUT OF OR RESULTING FROM YOUR USER CONTRIBUTIONS.

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IV. Links; Third-Party Materials.

A. Links.

It is prohibited to link other sites to this Website without The New York Sun’s prior written permission. If any errors or inappropriate material are found on web sites to which this Website is linked, The New York Sun requests that you report such to The New York Sun in writing. The link to this Website must not damage, dilute or tarnish the goodwill associated with any trademarks or other intellectual property of The New York Sun or its licensors, nor may the link create the impression that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with The New York Sun. The New York Sun reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Website and/or these Terms. The New York Sun is not responsible for the content or performance of any portion of the internet including other World Wide Web sites to which this Web site may be linked or from which this Web site may be accessed.

B. Third-Party Materials.

For the convenience of users of this Website, certain content, features, links to other internet websites, and functionality that is provided by third-parties (“Third-Party Materials”) may appear from time to time. Except as otherwise indicated, Third-Party Materials are not under the control of The New York Sun. The New York Sun assumes no responsibility for the contents of any Third-Party Materials, or for any potential damage arising out of or in connection with the use of any Third-Party Materials. In addition, the existence of a Third-Party Materials is not and shall not be understood to be an endorsement by The New York Sun of the owner or proprietor of the Third-Party Materials, nor an endorsement of The New York Sun by the owner or proprietor of such Third-Party Materials. You acknowledge and agree that your use of and interaction with such Third-Party Materials may be subject to separate terms and conditions of that third-party.

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IV. Links; Third-Party Materials.

All subscription fees and any other charges incurred in connection with your user name and password (including any applicable taxes) will be billed to you (and you agree to pay for the same) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the beginning of your subscription or any renewal (or as soon thereafter as fees or charges are incurred) and are nonrefundable. Your subscription will renew automatically, unless we terminate it or you notify us by e-mail of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of fees for the renewal term to your credit card. You are responsible for all fees and charges incurred to access nysun.com through an Internet service provider or other third-party service.

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VI. Security.

Should you elect to purchase a subscription online or engage in other ecommerce through the Website, you may choose to provide credit card information. Credit card transactions and order fulfillment are often handled by a third-party processing agent, bank or distribution institution. While in most cases transactions are completed without incident, we cannot guarantee the security on the Internet and we cannot take responsibility for the success or of transactions processed by third-parties. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone.

Note that any information transmitted over the Internet cannot be guaranteed. For more information as to the security of information collected through this Website please view our Privacy Policy.

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VII. Disclaimer.

While The New York Sun makes reasonable efforts to provide accurate information and Content through this Website, The New York Sun cannot guarantee accuracy. All information and Content is used by each user at their own risk. THE WEBSITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEBSITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE NEW YORK SUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OR THE WEBSITE. FURTHER, THE NEW YORK SUN DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE. THE NEW YORK SUN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL THE NEW YORK SUN BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE NEW YORK SUN’S LIABILITY EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

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VIII. Indemnification.

You agrees to defend, hold harmless, and indemnify The New York Sun, its affiliates, business partners, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, fines, penalties or costs of whatever nature (including reasonable attorney’s fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms; (ii) any claim based upon your use of the Content or services available on this Website in any unauthorized manner and (iii) any User Contributions or other materials submitted by you.

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IX. Severability.

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

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X. Waiver; Remedies.

The failure of The New York Sun to partially or fully exercise any rights or the waiver of The New York Sun of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by The New York Sun or be deemed a waiver by The New York Sun of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of The New York Sun under these Terms and any other applicable agreement between you and The New York Sun shall be cumulative, and the exercise of any such right or remedy shall not limit The New York Sun’s right to exercise any other right or remedy.

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XI. Governing Law and Venue.

The laws of the State of New York shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK.

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XII. Class Action Waiver.

To the fullest extent permitted by applicable law, you agree that no legal actions under this Agreement shall be joined to an action involving any other current or former Website user, whether through class action proceedings or otherwise.

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XIII. Entire Agreement.

By using this Website, you agree to be bound by these Terms, and to the extent that any or all terms of these Terms are inconsistent with any agreement you may have previously entered into and/or signed with The New York Sun, you acknowledge and agree that these Terms shall supersede such other agreement and prevail. You agree that any cause of action arising out of or related to this Website must commence within one (1) year after the cause of action arose or it is permanently barred. Because some jurisdictions do not permit such time bars, this limitation may not apply to you.

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XIV. Contact Us.

Should you have any questions regarding these Terms of Use you may contact us at info@nysun.com.