NY Post - www.nypost.com

Contract Title NY Post
Contract Website www.nypost.com
Contract Application Website
Contract Type website
Contract Date 03/23/2017
TOS Website nypost.com/terms/
Total Rating 47.78

Total Page Count 18

Terms: 12 pages; Privacy: 6 pages. Terms are way too long.

The Right to Privacy 0 out of 5

General info: Privacy Policy dated 3/23/2017. Cookies Web beacons. Log data. Clear gifs. Clickstream date. Google analytics, interest-based ads.

BAD ASPECTS: The opt-out is different for the USA and Canada. It's unclear the policy for rest of world. Information may be shared with subsidiaries and affiliates. It's unclear: is it a part of newscorp? http://newscorp.com/about/our-businesses Shares your information with 3rd party clients and business partners. The law enforcement policy is deficient, agreeing to comply with mere "legal process" and agreeing to give your information "to law enforcement authorities or other government officials". Apparently, on page 5, they will also report you to law enforcement on mere suspicion of violating the terms of service? That can't be right. There is better privacy for California residents. Doesn't clearly address account recovery and the cell phone porting problem.

GOOD ASPECTS: Good table of contents. Not too long (but should be shorter).

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

BAD ASPECTS: On p.2, there is a right to terminate you for very unclear reasons. On p.4, way too many subjective undefined words: harmful, threatening, deceptive, harassing, profane, obscene, vulgar, patently offensive (to whom?), promotes racism, bigotry, hatred, etc. These are all terms that can be interpreted in many different ways.

GOOD ASPECTS: Can't impersonate other people

The Right to Control My Intellectual Property 1 out of 5

BAD ASPECTS: Same old far too broad non-exclusive license that also has a 'modify' clause and a 'sublicensable' clause. Oh, and "for any purpose whatsoever... without accounting, notification, credit" That's just lovely. And funny, then in the next paragraph, they say that they do not acquire any title or ownership rights. But what does that matter when you've given them a license to do ANYTHING with your posts, including sell them, modify them, and sublicense them to other people. In other words, you've totally given up your rights of posts that you 'own'. It's unclear how they verify if you have indeed violated someone's copyright.

GOOD ASPECTS: They don't take ownership. Ha!

The Right to Sue 1 out of 5

Laws of New York.

BAD ASPECTS: Most claims are barred in a court of law. They reduce your statute of limitations of ALL cases to just 1 year, and this is hidden. It seems any recovery is limited to $100.

GOOD ASPECTS: All claims in court are barred except IP and trade secret issues, which you can file suit for in NY federal court. You may also be able to file suit in court for injunctive relief. Certain small claims cases are permitted.

The Right to Low-Cost Arbitration 1 out of 5

BAD ASPECTS: You are basically forced to arbitrate on many claims. Recovery apparently limited to $100. 1 year statute of limitations on all claims. You also agree to never disclose any arbitration with anyone. For this, NY Post sadly will lose ten points on the 'lawsuits' score, because there's no way to know how much arbitration has occurred.

GOOD ASPECTS: They make it clear that they hope to solve the problem via customer service if possible. Thereafter, there is a 30-day discussion period (except for IP/trade secret claims, for which you can immediately go to court on). Finally, arbitration via JAMS. If the claim is less than $10,000, then arbitration may be via documents or phone. Arbitration venue is NY, but they will help you find a more convenient place if coming to NY is too difficult. If you're in the USA, they will reimburse up to $2,500 of your arbitration fees, or $5,000 if they lose, and you pay them $0 if they win. This is very nice!

The Right to Join a Class Action 0 out of 5

Waived on page 11.

The Right to No Hidden Terms or Fees 3 out of 5

BAD ASPECTS: There are so many hidden terms, and nothing is clear up front. The table of contents idea from the privacy policy should also be in the TOS. Promotions and contests are subject to a wholly different terms of service.

GOOD ASPECTS: No hidden fees.

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

BAD ASPECTS: 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 second-chance/ right to return policy.


The Right to Reasonable Terms 1 out of 5

BAD ASPECTS: Section 17 talks about indemnity, but it's not clear if it's third party indemnity. Like virtually every news organization, there is (unfathomably) no warranty at all that the articles are accurate, or that they even make an attempt to ensure the articles are accurate. Any unenforceable terms will be amended to align with intent, but in a contract of adhesion, the only intent that matters is the company, so this is a terribly unfair clause. You are liable for anything that happens on your account, even if hacked. On p.3, section 7.2, it says "additional terms", but what additional terms are you referring to? Not good at all.

GOOD ASPECTS: They try to make the forced arbitration a little less hard to swallow.

Historical Fairness 4.78 out of 10
Historical User Ratings 10.0 out of 10
Historical Lack of Lawsuits or Arbitrations 5.0 out of 10
Public Placement of TOS Fairness Score & Link 20.0 out of 20
Total Rating 47.78 out of 100
Additional Note

Emails: privacy@nypost.com; help@nypost.com; dmca-legal@newscorp.com

Ways to improve

1. Fix your privacy policy. And address the cell phone porting problem.
2. Make the law enforcement policy more strict.
3. Make privacy rights the same for all users worldwide.
4. Do not kick people off for unclear subjective reasons.
5. IP license is way too broad. You must reign that in.
6. Allow lawsuits of any kind, and from a user's home city, with no limit on recovery.
7. Do not force arbitration. Allow a user to use any properly recognized arbitration organization.
8. Allow class actions.
9. Way too many hidden terms that a regular person will not spot. Fix that.
10. Create fair process and a right to be heard.
11. Create a right to appeal and the right to return.
12. Do NOT silence those who choose to stick up for their rights and arbitrate against you.
13. Take responsibility for the articles that you publish and at least make it clear that you actually strive to report accurately and fairly.
14. 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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