Thank you for visiting The Gist website. Please make sure to review the below Terms and Conditions before any use of the website because this document is a legally binding contract. By using the website you understand that you will be legally responsible for abiding by all the terms and conditions stated below. Do not use this website if you do not agree to accept the Terms and Conditions. You also understand that the Terms and Conditions will be revised and changed from time to time without notice to you and that you will be bound by any such changes. Any such changes will be effective immediately and your continued use of the website after these changes constitutes your acceptance.
1. Purpose. The Gist exists to help create an informed society with news that is easy to digest and simple to access. The website provides users with summarized news and information largely based on, but not limited to, current news events, politics, and entertainment on a national and international scale.
2. Restricted Use of Our Content. Unless we expressly grant you written authorization, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this subsection and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we, from time to time, will excerpt materials from other sources in order to support our articles and commentaries, we respect the rights of others to make “fair use” of the materials contained on this site; accordingly, you may from time to time excerpt and make brief and limited use of the materials set forth on this site consistent with the principles of fair use. However, this does not give you the right to reproduce or otherwise copy any of our content in full or substantially full form.
IF YOU WISH TO USE ANY WEBSITE CONTENT, PLEASE CONTACT US AT: email@example.com.
3. We Expressly Own All Rights in the Website Content.
a. The entire website as well as all the content (including, all software and computer code, all text, articles, photographs, video and audio content) contained and displayed on this website is protected as a collective work or compilation under the copyright laws of the United States and other countries and we, subject to the rights of our licensors and licensees, have and retain all rights therein. All individual articles, blogs, videos, content and other elements comprising this website (subject to the rights of our licensors and licensees) are also copyrighted works and (subject to the second to last sentence of Section 1) may not be used in any fashion without our permission.
b. All rights in product names, The Gist name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of The Gist, whether or not appearing in large print or with the trademark symbol, belong exclusively to The Gist or its licensors and are protected from reproduction and any other use or misuse by any person or entity under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited.
c. Please note that when you post or submit content to this website you will ALWAYS retain ownership and copyrights in such content. Nevertheless, when you choose to post or submit content, you also give us, our affiliates, agents and third party contractors the right to display, publish, store, and distribute such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand alone basis or in combination with other video submissions, and (unless you or we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
d. By using this website you understand and agree that you are solely responsible for your own submissions and all consequences associated with their posting or publishing. In connection with each of your submissions, you affirm that: (i) you own or have obtained 100% of the rights necessary to use and authorize us to use all rights in such submissions as contemplated by these Terms and Conditions; and (ii) you have the written consent of each identifiable person in such submission to use the name or likeness of each such individual to enable the use of your submissions as contemplated by these Terms and Conditions.
e. All content submitted to The Gist may be distributed to or published on other Gist-owned and/or branded websites.
4. Representations About Your Information.
a. You represent and warrant that all information you provide in connection with this website will be current, true, accurate, supportable and complete;
b. You represent that you are at least 13 years of age or older, and that if you are over the age of 13 but younger than 18, you are under the supervision and control of a parent or legal guardian who agrees to be bound by the terms hereunder; and
c. You consent to receive commercial e-mail messages from or on behalf of The Gist and our partners, and acknowledge from time to time that your primary email addresses and other information may be used by The Gist for the purposes of initiating commercial e-mail messages.
5. Right to Modify.
a. We reserve the right at any time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that The Gist shall not be liable to you or any third party for any such modification. We also reserve the right to terminate your access to this site for any reason, and to take any other actions that we, in our sole discretion, believe to be in the best interests of our company, the website, and our users. We also reserve the right to seek all remedies available at law and in equity for violations of the terms hereunder.
b. We reserve the right to modify these Terms and Conditions and any other policies affecting this website. Any such modification is effective as of the earlier of: (i) the posting of the changes or new Terms and Conditions on this website; or (ii) the distribution via email of the changes or new Terms and Conditions. Your continued use of the website after such modifications become effective shall be conclusively deemed an acceptance of all such modifications.
6. Notice of Copyright Infringement. At The Gist, we stringently respect intellectual property rights. If you have a good faith belief that your work has been reproduced or is accessible on the site in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing to The Gist’s Copyright Agent as specified by the Digital Millennium Copyright Act (“DMCA”):
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
b. Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
c. Identification of the allegedly infringing material and information in a manner sufficient for us to locate the material (e.g., URL);
d. Your name, address, telephone number, and email address;
e. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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 the copyright owner’s behalf.
You may notify our designated agent either by mail to Copyright Agent, The Gist, 1101 West 34th St., PO Box #543, Austin, TX 78705, or via email to firstname.lastname@example.org. Only copyright complaints should be sent to the copyright agent. Do not send any other inquiries to this contact, as you will not receive a response to inquiries that are not related to copyright infringement.
7. We Are NOT Responsible for the Opinions Expressed by Our Contributors. The opinions and statements made by users and third parties of our site (e.g., bloggers, commentators, contributors) are theirs alone and are not the opinion of The Gist. Any such contributing third parties are solely responsible for the accuracy and completeness of their submissions and The Gist makes no representations or guarantees thereof, nor is The Gist under any obligation to do so. The Gist, its affiliates, assigns, agents and shareholders: (i) do not undertake or assume any duty to monitor our site for inappropriate or unlawful content; and (ii) will not be responsible for any liability which may arise or relate to any of the content, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Nevertheless, we will always reserve the right to remove communications, postings, comments, and other materials at any time in our sole discretion.
8. User Submissions & Comments. There are certain areas of the website that may allow you to post comments, send emails, or otherwise provide information to us or other persons using the site. You remain fully responsible for all materials and submissions that you provide to us or others, including without limitation, comments, audio recordings, photographs, documents, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us or others (“User Content”). You agree NOT to provide User Content that:
a. Infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
b. Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit;
c. Violates a person’s right to privacy or publicity;
d. Contains advertising or solicitation or any kind;
e. Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
f. Contains epithets or other language or material intended to intimidate or to incite violence; or
g. Violates any applicable local, state, national, or international law or advocates illegal activity.
9. You are Responsible for all Harm Caused to Us Resulting from Your Breach of This Agreement. You agree to indemnify and hold harmless The Gist and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors from and against all losses, expenses, damages and costs (including reasonable attorney’s fees and costs of court) resulting or arising from any violation or breach of these Terms and Conditions. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 9, and in such an event you shall cooperate with us as reasonably requested.
11. Disclaimers Regarding the Website. Except as expressly set forth herein, the material on this website (including all content, software, services, articles, posts, submissions, videos, and photographs) is provided as is, without warranties or representations of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.
12. No Responsibility For Linked Sites. We are not responsible for the availability or content of other websites and services that may be linked to our site. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content that you may be able to access on such external websites.
14. The Gist’s Liability to You. The Gist and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).
15. No Waiver. Our failure to enforce any provisions of the Terms and Conditions or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions found hereunder or to act with respect to similar breaches in the future.
16. Disputes to be Heard in Texas. This Agreement and all disputes arising or otherwise related thereto shall be exclusively governed by the laws of the state of Texas applicable to agreements made and to be performed therein without regard to conflict of law principles. Any such disputes shall be heard by court of competent jurisdiction (state or federal) in the city of Austin, Texas and you agree to be subject to the jurisdiction of such courts.