DallasNews Corporation Terms of Service
1. GENERAL RULES AND DEFINITIONS
2. CONTENT ON THE SERVICES / MEMBERSHIPS
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, PHOTOS, CONTEST ENTRIES AND MORE
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
5. REPRESENTATIONS AND WARRANTIES
6. REGISTRATION AND SECURITY
7. FEES AND PAYMENTS
8. COMMUNICATIONS BETWEEN THE DALLAS MORNING NEWS AND USERS
9. SOFTWARE LICENSES
10. TERMINATION, CANCELLATION & REFUNDS
1. GENERAL RULES AND DEFINITIONS
1.1 By using the Dallasnews.com site, the DallasNews mobile site, and related applications (e.g., the SportsDay Talk App), any of the features of these sites, including but not limited to RSS, API, software and other downloads (collectively, the “Services”), or purchasing or using a membership (defined below) you agree to abide by and be bound by all of the terms and conditions of these Terms of Service which is between you and DallasNews Corporation. (“DALN”, “us” or “we”).
1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service and by continuing to use this Site, you agree to any changes.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY CONTACTING CUSTOMER SERVICE AT 1-800-925-1500. CANCELLATIONS CANNOT BE MADE VIA E-MAIL OR CHAT, EXCEPT AS REQUIRED BY LAW. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. CONTENT ON THE SERVICES / MEMBERSHIPS
2.1 The contents of the Services, including the Sites, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by The Dallas Morning News or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from DallasNews Corporation Rights and Permissions Department, or the copyright holder identified in the copyright notice contained in the Content.
2.4 The Content of the Services is owned by or licensed to DALN. Certain Content is furnished by agencies such as the Associated Press and Reuters, and any such agencies furnishing content to DALN will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
2.5 Memberships. This Section 2.5 addresses the terms and conditions regarding access to the Content or Services via memberships to the print edition of the DallasNews newspaper (“Print Membership”) and memberships to the DallasNews ePaper, DallasNews mobile app, and Dallasnews.com (“Digital Membership”). As used in these Terms of Service, The term “digital-only membership” refers to a membership consisting exclusively of access to a Digital Membership; the term “digital products” refers to paid digital products available from DallasNews, including Digital Memberships. The term “billing period” refers to the period from the start of your membership until the end of its term.
(a) You are not required to purchase anything in order to access Dallasnews.com or DallasNews-related apps. If you do not purchase a Digital Membership, your access to such Content and related Services will be limited. DALN reserves the right to modify the content, type, and availability of any Digital Membership at any time.
(b) Only one person may use the account associated with a purchased Digital Membership or a Print and Digital Membership.
2.6 Pricing and Payment Terms for Memberships.
(a) When you purchase a Digital Membership or a Print Membership (individually and collectively referred to as a “membership”), the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. Discount eligibility for new subscribers is determined at the time of the order. Discounts cannot be applied retroactively. Introductory discounts are not available to current subscribers or to anyone who has been a subscriber in the past 90 days. All prices are in United States Dollars. The DallasNews reserves the right to change prices and fees at any time. We will notify you in advance if the rate that you will be charged for a membership changes from what was stated at the time of your order. You will have the opportunity to cancel or change your membership at that time. If you do not cancel or change your membership, you will be charged the new membership fee for your next billing period. Unless separately stated when you signed up, prior to the end of each billing period, you will be billed and your membership will auto-renew if it has not been canceled. This will be the start of a new billing period. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes. If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the membership at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made. If you believe someone else has used your account or you are being charged for a product or service that you did not order or you do not have access to, please contact Customer Service.
(b) For details about your membership, including payment methods and billing periods, please call 1-800-925-1500 or log on to the Member Center at https://myaccount.dallasnews.com.
(c) The DallasNews will process your membership or purchase as promptly as possible. We reserve the right to reject any order or purchase at any time. If your initial payment authorization is later revoked, your membership, product or access may be terminated. Contact our Customer Service group if you believe your membership was terminated in error.
(d) Each time that you pay for and renew your membership, whether by check, credit card, or other payment method, and whether manually or by auto-renew, you confirm that you accept the then-current Terms of Service. Unless specified otherwise in any applicable documentation, all charges are nonrefundable. To change your payment method, please call 1-800-925-1500 or log on to the Member Center at https://myaccount.dallasnews.com.
(e) Payment for Digital Subscriptions. We accept major credit cards and PayPal. We will charge or debit your payment method at the beginning of your digital-only membership or, if applicable, at the end of your free trial period. Billing will continue according to the period stated at the time of your order. When you purchase a Digital Subscription, you may incur other additional charges, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges. Applicable digital taxes will apply.
(f). Payment for Print or Print and Digital Subscriptions. We accept major credit cards, EFT, and check. We will invoice or charge you at the frequency selected when you subscribed. If you choose to be invoiced, you will be charged a processing fee of $4.99 per bill. This fee is subject to change. For Print Subscriptions which also include digital access, a portion of the membership will be taxed. The Thanksgiving Day printed edition is included with Print Memberships that don’t include a Thursday edition. Print Memberships include up to five premium issues and a Thanksgiving delivery fee each calendar year. Your account balance will be charged an additional fee up to $6.99 in the billing period when the issue publishes; this will result in shortening the length of your billing period. Refer to page 2 of the DallasNews printed edition for dates. Dates are subject to change without notice. In addition to the premium issues and Thanksgiving Day delivery fee described above, pay through dates will be affected by different factors, including but not limited to; change in delivery, service adjustments and interruptions in service. Temporary stops do not extend your pay through date.
(g). Non-Membership Digital Purchases. When you purchase a standalone product (not a membership), including but not limited to articles from the Dallas News DallasNews Archives, we will charge or debit your payment method at the moment of purchase.
(h). Automatic Renewals. All memberships purchased will be automatically renewed until you specifically inform us otherwise. When we renew your membership, we will use the payment method currently associated with your account. You can change your payment method at any time by calling 1-800-925-1500 or log on to the Member Center at https://myaccount.dallasnews.com. You will be notified in advance of impending renewals to the extent required by law. Please see our Cancellation and Refund policy below for information about canceling.
(i). Unpaid Charges. If your credit card expires or your payment method is otherwise invalid, your membership or product may be terminated, rather than automatically renewed. Service for any membership may be discontinued at the end of your prepaid term. If your membership is set up for automatic renewal, you authorize us – at our option – to continue your access to a digital product or continue sending you the print edition, and to charge you for the digital or print product at the same rate you were paying during your membership, after your membership ends until we receive notice from you to cancel your membership. If we exercise our option and continue delivery of either the digital or print product, you agree that you shall owe us the amount due for delivery on those days and that we may seek to collect payment from you for that amount. You will be responsible for all costs we may incur in connection with the collection of unpaid amounts, including court costs, attorney’s fees, collection agency fees and any other associated costs.
(j). Promotions. We may occasionally offer promotions. The specific terms of each promotion shall be stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined. You may be required to provide payment information when you sign up for a promotion. At the end of the promotion, you will automatically be signed up for the related membership or purchase that will begin at the end of the promotional period, or in the event of a discounted promotion, you will be charged the regular rate disclosed when you signed up. We will not notify you in advance that the promotion is about to end. To cancel, you must notify us before the promotion ends.
(k). Purchases of Subscriptions via Third Parties. If you have purchased a product or membership through a third party, the pricing and payment terms in this Section 2.6 may not apply to you. We are not liable to you for any claims related to purchases made through third parties. Please contact the third-party seller directly.
(l). Additional Products or Services. We may choose – at no cost to you - to send you a copy of the print edition or a related print product on a particular day, or days on which you do not subscribe to the print edition, because you have a print or digital membership. We may also choose to offer additional or new products or editions for purchase.
(m). Cancellation and Refunds. You can cancel your memberships at any time by contacting Customer Service at 1-800-925-1500. Cancellations cannot be made via e-mail or chat, except as required by law. Residents of CA, VT, VA, and OR may email firstname.lastname@example.org to cancel their memberships. When you cancel, you cancel only future charges associated with your membership. Cancellations are effective the following billing period. You will continue to have the same access and benefits of your product for the remainder of the current billing period. You may notify us of your intent to cancel at any time, however the cancellation will become effective at the end of your current billing period. Payments are non-refundable and there are no refunds or credits for partially used billing periods. We reserve the right to issue refunds or credits, or to permit print subscribers who are moving to convert to digital memberships, at our sole discretion. If we issue a refund or credit, or permit a print subscriber to convert to a digital membership, we are under no obligation to issue the same or similar refund, credit or conversion in the future. We reserve the right to make changes to print or digital memberships at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.
WE MAY CONTINUE YOUR PRINT SUBSCRIPTION ON A DIGITAL-ONLY SUBSCRIPTION BASIS OR A SUNDAY AND DIGITAL ONLY BASIS IN THE EVENT THAT THE PRINT EDITION OF THE DALLASNEWS NEWSPAPER IS REDUCED TO LESS DELIVERY DAYS OR NO LONGER PRINTED FOR ANY REASON AND FOR ANY LENGTH OF TIME, EITHER TEMPORARY OR PERMANENT. IN THE EVENT THAT YOUR PRINT SUBSCRIPTION IS MODIFIED AS DISCUSSED IMMEDIATELY ABOVE, WE WILL NOTIFY YOU WITH THE NEW TERMS SURROUNDING THIS MODIFICATION.
We reserve the right to make changes to our digital products at any time.We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We reserve the right to suspend or terminate your membership or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our digital products are temporarily unavailable, you will not receive a refund or other adjustment.
We reserve the right to issue refunds or credits for non-membership purchases at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
(n). Communications from Us. By purchasing a membership and/or clicking on the box at account opening, you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically (collectively, the “Electronic Communications”). We will provide these Electronic Communications to your primary email address associated with your membership. You agree that the Electronic Communications will satisfy any legal communication requirements, including that such communications be in writing. Electronic Communications will be deemed received by you within 24 hours of the time emailed to you unless we receive notice that the email was not delivered. It is your sole responsibility to ensure that you provide a correct and current email address for purposes of all communication with us.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, PHOTOS, CONTEST ENTRIES AND MORE
3.1 You will not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You agree to be courteous when submitting any such user-generated content. You agree that you will not threaten or verbally abuse others using the Services (“Members”), use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
You will use respectful language when submitting user-generated content or interacting with others on the Services. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is not tolerated by DALN and is grounds for immediate and permanent suspension of access to all or part of the Services.
Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. DALN encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service. If your attack contains a threat of violence or may incite violence or unlawful behavior, we may report it and you to law enforcement.
You may not impersonate another Member or a DALN staff member, including by choosing a similar screen name. You must disclose conflicts of interest in connection with your Submissions (defined below).
3.2 You may only use the Services for non-commercial purposes. You shall not, without the express approval of DALN, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by DALN and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You understand and agree that Submissions made to the Services may also be included in DALN’s RSS feeds, APIs and made available for republishing through other mediums now known or hereafter devised.
3.4 You grant DALN a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for DALN or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other Web site owned by DALN, including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while DALN does not and cannot review every Submission and is not responsible for the content of these messages, DALN reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
3.7 By making a Submission, you acknowledge that if your comment threatens violence, may incite violence or unlawful behavior, or is otherwise potentially illegal, we may take all appropriate action. Such action may include, among other actions, conducting an investigation, contacting law enforcement and cooperating with any resulting investigation, or providing information about your identity to law enforcement at their request, whether or not we are legally compelled to do so.
3.8 No compensation of any kind will be owed or paid to you or any other third party with respect to any Submissions submitted or used.
Additional information about User Generated Content guidelines is available in the Posting Policy.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 The Services contain links to other related World Wide Web Internet sites, resources, and advertisers. We are not responsible for the availability of these outside resources, or their contents. As such, you should direct any concerns regarding any external link to the site administrator or Webmaster of that site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no Submissions or other materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless DALN and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. DALN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 DALN does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
6. REGISTRATION AND SECURITY
6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an email address. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password.
6.2 You will notify email@example.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
6.3 You must be 13 years or older to use or subscribe to all parts of the Services.
6.4 You are responsible for all usage or activity on your DALN account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. It is DALN’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers of third parties’ intellectual property rights or who are repeatedly accused of infringement.
7. FEES AND PAYMENTS
7.1 We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that were previously free, we will give you advance notice of such fees. You may cancel your account at any time. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account. The terms in this Section 7.1 are in addition to the payment terms for memberships as further set forth in Section 2.6 above.
8. COMMUNICATIONS BETWEEN DALLASNEWS CORPORATION AND USERS
8.1 If you indicate on your registration form that you want to receive such information, we may send you information on products and services that may be of interest to you. You can elect to not receive this content by unsubscribing from future communication or adjusting your account settings.
8.2 DALN reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Services.
8.4 We may contact you via email regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
9. SOFTWARE LICENSES
9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”), which are owned exclusively by DALN and/or its licensees. You may not sublicense, assign or transfer any licenses granted by the Sites, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
10.1 You can cancel your membership at any time by contacting Customer Service at 1-800-925-1500. Cancellations cannot be made via e-mail or chat, except as required by law. Residents of CA, VT, VA, and OR may email firstname.lastname@example.org to cancel their memberships. For more detailed information regarding cancellation of memberships, please see Section 2.6(m) above.
10.2 DALN may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
11.1 These Terms of Service have been made in and shall be construed and enforced in accordance with Texas law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Texas.
11.3 Questions regarding these Terms of Service should be sent to email@example.com.
11.4 You agree to report any violations of the Terms of Service to DallasNews Corporation as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Services, please notify firstname.lastname@example.org. (You may use this email address for general questions as well.)
11.5 If you believe that your work has been copied on one of the Sites in a way that constitutes copyright infringement, please provide us with all of the following information.
(a). a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
(b). a description of the copyrighted work that you claim has been infringed;
(c). a description of where the material that you claim is infringing is located on the Site
(d). your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
(e). a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f). a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Do You Need Extra Help? If you would like this Policy in another format (for example: audio, large print, braille), please contact us (see “How to contact us” above).
Notices of claimed copyright infringement should be sent to:
1954 Commerce Street
Dallas, TX 75201
Attn: Katy Murray