Terms of Service

This website (the “Site”) is operated by or on behalf of Harper’s Magazine (“Harper’s”). Throughout the Site, the terms “we”, “us” and “our” refer to Harper’s. Harper’s offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, subscribing to Harper’s, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site you agree to be bound by these Terms of Service.

Changes to these Terms and the Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Privacy Policy

Information that you provide to us or that we collect about you through your access to and use of the Site is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms.  We encourage you to read and become familiar with our Privacy Policy.

Intellectual Property

You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Site.  You acknowledge and agree that the Site constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site.  Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Harper’s or its licensors and content providers.

License to Access and Use

You may access and use this Site only for your personal use.  Any other access to or use of the Site constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.  We make no representation that Site is appropriate or available for use in locations other than the United States.  If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.    

Without prior written permission from Harper’s, you shall not: (1) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the content, data or information from the Services, or otherwise use, access, or collect the content, data or information from the Services using automated means; (2) use the content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.

You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Site’s content.  Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or any access to or use of the Site.  

Restrictions on Access

You represent and agree that all information that you provide to us in connection with your registration, and your access to and use of the Site, is true, accurate, and complete to the best of your knowledge and belief.  Harper’s reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Harper’s, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.  

User Conduct

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or any of its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Security

Harper’s takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site.  Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.  You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site.  Harper’s will not be liable for any loss or damage arising from the unauthorized use of your username or password.

Disclaimer of Warranties

THE USE OF THIS SITE BY YOU IS AT YOUR SOLE RISK.  ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, HARPER’S DOES NOT WARRANT THAT: (a) THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (c) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (d) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

Limitation of Liability

In no case shall Harper’s, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site; (b) our performance of or failure to perform our obligations in connection with these Terms; or (c) the defamatory, offensive, or illegal conduct of other users of the Site. 

Under no circumstances will Harper’s be liable to you for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Harper’s and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (a) your access to and use of the Site; (b) your violation of these Terms; (c) your violation of any rights of any third party; and (d) any unauthorized use of a username, password, or account number.  We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York. 

Contact Information

Questions about the Terms of Service should be sent to us at: [email protected].