NY Daily News - www.nydailynews.com

Contract Title NY Daily News
Contract Website www.nydailynews.com
Contract Application Daily News Website & Mobile App
Contract Type website with app
Contract Date 10/20/2015
TOS Website nydailynews.com/services/terms-services
Total Rating 65.56

Total Page Count 13

Terms: 7 pages; Privacy: 6 pages. Not bad, but could be significantly shorter.

The Right to Privacy 1 out of 5

General Info: Web beacons, cookies, clear gifs. If you win a content, your personal info is disclosed.

BAD ASPECTS: There are different privacy rules for online and print subscriptions. Maybe there's a good reason, but they don't explain why there should be a difference. The use cookies to help third party advertisers. There are specific instructions on how to opt out of six types of ads, which is great, but why were we opted in in the first place without being told? Note: you have to opt-out for each device and browser! Could be a lot of work. They use Nielsen Measurement Software. This may not be a bad thing, but they don't explain what this software does or what info it has access to. On p5, the disclosures are not so great. There is a discussion of 3rd party frames that needs to be clearer and disclosed on main website, not in the TOS. There are better rules for California residents, which isn't cool. We should all get the same protection. There is no clear policy on account recovery and nothing about the phone porting issue.

GOOD ASPECTS: No personal info collected if you do not sign up, and most people know this, but it's great that they make this clear. Good <13 years old policy. You can disable cookies. You can opt-out of text message ads via STOP, or by sending an email to support@gumiyo.com.

The Right to Equal, Fair, & Reasonable Expression 1 out of 5

BAD ASPECTS: p3: "threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, .... , obsessive, vulgar, profane, indecent" etc. Each of these words is subjective, and therefore, not fair. There is no way that this TOS can be applied equally, fairly, and reasonably. Please fix. Something odd: you cannot post another person's full name without permission. I suppose this is a good thing, but I'm not really sure. On one hand, it's good to respect the privacy of others, but I am sure this policy is violated every day. Needs to be revisited.

GOOD ASPECTS: This doesn't apply to you unless you sign up.

The Right to Control My Intellectual Property 0 out of 5

BAD ASPECTS: The non-exclusive license is sublicensable and also fully transferable without limit. So that's a big 'no good'! They sneakily try to make it seem like the users are only for NY Daily News dissemination, but the key words "including without limitation" serve to make the examples just illustrative and not restrictive. They do not have to give you notice, do not have to compensate you, and worst of all, do not need to give you any attribution. In other words, they can take your amazing writing and claim it as their own. They can also modify it at will. Further, you give every USER of the daily news services a very liberal license to use your information as well, and quite possibly, again not give you attribution--this last point is very unclear and needs to be addressed. p4

GOOD ASPECTS: None. The entire agreement has copyright information spread throughout the agreement. Put it all together please.

The Right to Sue 3 out of 5

Laws of New York. Venue are state and federal courts in New York County, NY.

GOOD ASPECTS: You can sue. Your recovery is not limited.

BAD ASPECTS: The venue is wholly unfair for people who don't live in NY, and particularly those who don't live in the United States.

The Right to Low-Cost Arbitration 3 out of 5

GOOD ASPECTS: You are not forced into arbitration and also have the right to pursue arbitration. There is no limit on the amount of recovery.

BAD ASPECTS: They don't pay for your arbitration. You have to travel to New York, no matter where you are in the world.

The Right to Join a Class Action 5 out of 5

Not waived. Great!

The Right to No Hidden Terms or Fees 4 out of 5

GOOD ASPECTS: There don't appear to be any hidden terms or fees.

BAD ASPECTS: Too many terms that are not objectively defined. It's unclear how you determine whether someone gets kicked off.

The Right to Fair Process & To Be Heard 0 out of 5

BAD ASPECTS: "The Daily News, in its sole discretion, may suspect or terminate your account for any reason without notice." That's all she wrote folks. There is no due process. No warning process. No opportunity to correct. No defense period. No fair and impartial decision making process.


The Right to Appeal & The Right to Return 0 out of 5

BAD ASPECTS: NO appeal process. No right to return / second chance policy.


The Right to Reasonable Terms 2 out of 5

BAD ASPECTS: Okay this is weird: the TOS doesn't just apply to humans, but also to bots. Haha. And if those pesky bots violate the TOS, then they will be arbitrarily kicked off the system as well I guess :D The date of the TOS is at the end, and it should be at the beginning. It comes 'as is', with 'no responsibility for errors or omissions in the materials comprising the Daily News Services." So just like CNN, Fox News, and others, they take no pride in journalistic integrity? Quite perplexing. They are not responsible "for any damages whatsoever". Nice! On p5, there are additional terms of service terms for advertisers, but this should be much more prominent. On page 6/7, there is another TOS for RSS (really simple syndication): if they want to remove what you've syndicated, you must, and they can suspend your RSS feed at any time without notice.

GOOD ASPECTS: I love that they provide so many contact emails to get in touch with them. The agreement overall isn't that long. But could still be shorter.

Historical Fairness 6.56 out of 10
Historical User Ratings 10.0 out of 10
Historical Lack of Lawsuits or Arbitrations 10.0 out of 10
Public Placement of TOS Fairness Score & Link 20.0 out of 20
Total Rating 65.56 out of 100
Additional Note

Emails: webmaster@nydailynews.com, legal@nydailynews.com, copyrightnotice@tronc.com, product@nydailynews.com, support@gumiyo.com No joke: Great job Daily News with the email addresses! Thanks for making it easy for users to contact you. Now, go one step further and put all of these email addresses, plus a phone number, on page 1, at top, rather than hidden deep within TOS.

Ways to improve

1. Why are there different privacy terms depending on delivery mechanism?
2. Clean up some of the issues addressed above in privacy policy.
3. Combine privacy policy and TOS into one agreement
4. Define subjective terms, and create a fair and equal process for determining TOS violations
5. Fix your non-exclusive license for IP.
6. Keep all copyright info together.
7. Clarify that user right to use someone's IP... Very questionable the way it's written now
8. Let users and readers sue you from their home city.
9. Let users arbitrate from their home city.
10. Create fair process and opportunity to be heard.
11. Create appeal rights and right to return.
12. Add your TOS rating and link to your TOS page as outlined in our guidelines. You currently are being given all 20 points.

Review Status Completed

First Name Rating Comment

Reviewed by the following attorneys and/or law students:

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