Last Updated: August 18th, 2021
These Post Sports +Membership Terms (the “Post Sports + Terms”) govern your participation in the Post Sports + membership program (“Post Sports +”), as offered and provided by NYP Holdings, Inc. publisher of the New York Post (“Company”, “we”, “us” or “our”). Our Terms of Use and Privacy Policy are incorporated into these Post Sports + Terms by reference and your membership in Post Sports + (your “Membership”) constitutes one of the “Services” as defined therein. If there is a conflict between these Post Sports + Terms and our Privacy Policy or Terms of Use, the terms of these Post Sports + Terms will govern, but solely with respect to Post Sports + and your Membership.
PLEASE NOTE THAT OUR TERMS OF USE CONTAIN A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION CLAUSE.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend or discontinue Post Sports + or your Membership; modify and/or waive any fees charged in connection with Post Sports + or your Membership; and/or make available opportunities to some or all Post Sports + members. You agree that neither Company nor any of our affiliates shall be liable to you or to any other person for any modification, suspension or discontinuance of Post Sports + or your Membership or any component thereof.
If you agree to be bound by these Post Sports + Terms, please check the box on the Membership Registration Page indicating that you so agree. If you do not agree to be bound by these Post Sports + Terms, then you should not check the box, in which case you will not be bound and will not be able to activate your Membership.
By participating in Post Sports + and by agreeing to these Post Sports + Terms, you represent and warrant that you are 18 years of age or older and a resident of the United States, and have reached the age of majority in your jurisdiction. If you are under the age of 18, are not a resident of the United States, or have not reached the age of majority in your jurisdiction, you are not permitted to participate in Post Sports +.
Membership Benefits. As part of your Membership, you will be eligible to receive certain benefits (“Post Sports + Benefits”), which may include a member-only site to enable participation in community discussions led by New York Post editorial staff (“Community Discussions”) as well as access to exclusive content, in-person and virtual events hosted by New York Post staff and access to other member-only tools and features. You acknowledge and understand that certain Post Sports + Benefits may be limited in quantity and subject to change or cancellation at any time with or without notice to you. You also acknowledge and understand that Post Sports + Benefits may be provided through a merchant or partner (a “NYP Partner”) and that additional terms and conditions established by Company or a NYP Partner may apply. We do not endorse or warrant any NYP Partner or any products or services that any of them may provide, either as part of Post Sports + or otherwise. Company will not be liable for any loss or damage that you may incur as a result of any agreement or other interaction between you and any NYP Partner.
Membership Term. The Membership Registration Page provides the details of any initial promotion or trial period. After the initial promotion or trial period, except where prohibited by applicable law, your Membership will automatically renew for the term and at the rates specified in our communications with you, unless your Membership is canceled in accordance with these Post Sports + Terms.
Membership Fee. The fee for your Membership (the “Membership Fee”) as well as the means by which you choose to pay the Membership Fee is set forth on the Membership Registration Page.
Company reserves the right to change the amount of the Membership Fee at any time. You will be notified of any change in the amount of the Membership Fee, and the change will not apply to you until the next renewal of your Membership term. If at any time during your Membership you would like to change or update your credit/debit card information or PayPal information, you may do so by logging into the member-only site and visiting My Account Details. If your credit/debit card or PayPal account cannot be charged, your Post Sports + Benefits will be suspended until an updated form of payment is provided. The Membership Fee will be subject to taxation in accordance with applicable federal or state law.
By You. You have the right to cancel your Membership before the end of any promotion or trial period or before the end of any renewal term. Any early cancellation will not result in a refund of Membership Fees. You may cancel online by logging in to the member-only site.
By Us. Notwithstanding anything to the contrary in these Post Sports + Terms, we reserve the right to cancel your Membership at any time, for any reason or no reason, with or without notice to you. Reasons for cancelling could include your failure to conduct yourself in a safe and appropriate manner at Post Sports + events or your failure to make payments of the Membership Fee in accordance with these Post Sports + Terms. We also reserve the right to terminate Post Sports + at any time, for any reason or no reason, immediately upon notice to you, in which case your Membership will automatically be cancelled.
Effect of Cancellation. In the event of cancellation of your Membership, including by us as a result of our termination of Post Sports +, you will stop being billed for the Membership Fee. You will not be refunded any portion of your Membership Fee except if your Membership is cancelled by Company as a result of its termination of Post Sports +, in which case you will be entitled to receive a prorated refund of your Membership Fee, calculated by multiplying the amount of your Membership Fee by a fraction, the numerator of which is the number of days remaining in your Membership term on the effective date of termination and the denominator of which is the total number of days in your Membership term. This section “Effect of Cancellation” sets forth your sole rights and remedies for the cancellation of your Membership.
Community Discussions. In participating in the Community Discussions, you may be permitted to appear or participate in voice, video, or text chat sessions, and Company may record your voice, image (both video and static), appearance, name, likeness, biographical information, and any statements you make verbally or in writing (your “Likeness and Statements”) in connection with your participation in the Community Discussions. You hereby grant to Company, as well as any third parties that Company may designate from time to time, the fully-paid, royalty-free, sublicensable, irrevocable license to copy, display, perform, reproduce, make derivative works from, and otherwise use separately, or together, your Likeness and Statements, in any and all media now known or hereafter developed, throughout the world, in perpetuity, for any lawful purpose, including without limitation in connection with (i) the subsequent broadcast, display, or dissemination of the Community Discussions; and/or (ii) the promotion or advertising of Company or any third party that Company shall designate from time to time.
Disclaimers. USE OF POST SPORTS + AND ANY OF THE POST SPORTS + BENEFITS IS AT YOUR SOLE RISK. POST SPORTS + BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY, ALL NYP PARTNERS, AND EACH OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “NYP PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO POST SPORTS +, POST SPORTS + BENEFITS AND THESE POST SPORTS + TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE NYP PARTIES MAKE NO WARRANTY THAT POST SPORTS + OR ANY POST SPORTS + BENEFITS (INCLUDING ANY PRODUCTS, SERVICES, CONTENT AND OTHER MATERIALS PROVIDED TO YOU IN CONNECTION WITH POST SPORTS +) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Indemnification. You shall indemnify, defend and hold harmless the NYP Parties from and against any liabilities, losses, damages, expenses, costs or judgments, including reasonable attorneys’ fees, incurred as a result of any demand, action, suit or similar proceeding, claim or arbitration arising out of or attributable to: (a) your conduct at any events or experiences that you attend in connection with Post Sports +, including any negligence or willful misconduct causing personal injury or damage to property; and/or (b) your breach or alleged breach of any of the provisions, representations or warranties set forth in these Post Sports + Terms. Company reserves the right to take over the exclusive defense of any claim for which any of the NYP Parties is entitled to indemnification under this Section “Indemnification”.
Limitations of Liability; Exclusive Remedy.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE NYP PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE POST SPORTS + TERMS, POST SPORTS + OR YOUR MEMBERSHIP, EVEN IF ANY OF THE NYP PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF WHETHER THE CLAIM FOR RECOVERY IS BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, INCLUDING DAMAGES RESULTING FROM (i) THE USE OR INABILITY TO USE POST SPORTS + OR ANY POST SPORTS + BENEFITS, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, SERVICES, CONTENT AND OTHER MATERIAL PURCHASED BY YOU IN CONNECTION WITH POST SPORTS + OR (iii) UNAUTHORIZED ACCESS TO OR USE OF YOUR POST SPORTS + ACCOUNT.
Maximum Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NYP PARTIES ARISING OUT OF OR RELATED TO THESE POST SPORTS + TERMS, POST SPORTS + OR YOUR MEMBERSHIP, EXCEED THE MEMBERSHIP FEE PAID BY YOU DURING THE CALENDAR YEAR IN WHICH THE CAUSE OF ACTION AROSE, IRRESPECTIVE OF WHETHER ANY OF THE NYP PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER THE CLAIM FOR RECOVERY IS BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY.
Exclusive Remedy. THIS SECTION “LIMITATIONS OF LIABILITY; EXCLUSIVE REMEDY” SETS FORTH THE ENTIRE LIABILITY AND OBLIGATION OF THE NYP PARTIES FOR ANY DAMAGES ARISING UNDER THESE POST SPORTS + TERMS OR OTHERWISE IN CONNECTION WITH POST SPORTS +.
General.
Notice. Any notice to you under these Post Sports + Terms shall be provided by e-mail to the e-mail address that you provide to us when you activate your Membership or that you later provide to us in writing.
Entire Agreement. These Post Sports + Terms, together with the Terms of Use and Privacy Policy, constitutes the sole and entire agreement between you and us with respect to Post Sports + and your Membership, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Post Sports + and your Membership and all other matters contained herein.
Changes. Company may change the terms of these Post Sports + Terms at any time without notice or liability by posting revised terms here. Any change shall take effect immediately, unless otherwise provided. You may view the current version of these Post Sports + Terms at any time online at Membership Terms.