New York Times - www.nytimes.com


Contract Title NY Times
Contract Website www.nytimes.com
Contract Application New York Times digital websites and apps
Contract Type website with app
Contract Date 10/27/2017
TOS Website help.nytimes.com/hc/en-us/articles/115014893428-terms-of-service
Total Rating 64.44

Total Page Count 15

Terms: 6 pages; Privacy: 9 pages Not bad, but could be shorter.


The Right to Privacy 2 out of 5

Applies to many NY Times companies. Gathers device info, log info, location info, uses cookies and web beacons.

BAD ASPECTS: Unclear what information they take from/give to social media. They collect different information for contests. Does not respond to 'do not track' signals. You must click on a link to see a list of 3rd parties they share your data with. They tell you they have a separate email policy, but when you click it, it takes you to another part of same document--confusing. They keep your personal information for up to 15 years. Their law enforcement disclosure is questionable: "good faith belief". No, it should only be through a clear legal subpoena. California residents have better rights than the rest of the country/world. They do not discuss account recovery and cell phone porting in a proper manner.

GOOD ASPECTS: Good table of contents. Ads in their apps are not targeted via GPS location, but by zipcode and/or IP address. Can opt out of cookies for interest based ads. Won't sell, rent, swap, or authorize 3rd parties to use your email without your permission.


The Right to Equal, Fair, & Reasonable Expression 0 out of 5

BAD ASPECTS: 10.2: They can in their sole discretion terminate or suspend your access to all or part of the service for any reason. Not cool. The words "obscene", "abusive", "hate speech" etc. are subjective and not defined. It's very unclear on what grounds you can be kicked off, and this is not good since in many cases, your violation will result in immediate and permanent suspension.

GOOD ASPECTS: P7, I like their 'rules': be courteous, use respectful language, debate but do not attack, etc.


The Right to Control My Intellectual Property 2 out of 5

BAD ASPECTS: Any information disclosed in public activities becomes 'public', and that's not clearly defined. And submissions may be "edited, removed, modified, published, transmitted" etc. You also waive any right to object to such uses. Standard non-exclusive, worldwide, perpetual license, but it has the blanket sublicensable clause, which is not good. It's also unclear their procedure for verifying whether you are indeed infringing someone's copyright.

GOOD ASPECTS: You keep all ownership.


The Right to Sue 4 out of 5

NY Laws.

GOOD ASPECTS: You can sue.

BAD ASPECTS: All lawsuits must be in New York City in either federal or state court.


The Right to Low-Cost Arbitration 0 out of 5

BAD ASPECTS: It appears that you cannot arbitrate.

GOOD ASPECTS: None.


The Right to Join a Class Action 5 out of 5

No waiver.


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

GOOD ASPECTS: Overall, nothing too hidden. There is only one TOS and one Privacy Policy, and not too long.

BAD ASPECTS: Could be shorter. There is a mention of the Tor Onion Service on page 1, but no explanation. Given that Tor is a dark web browser, this really should be defined.


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

None. No due process, no warning process, no opportunity to correct myself, no defense period, no fair and impartial decision making process.


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

None. No appeal process and no second chance/right to return.


The Right to Reasonable Terms 2 out of 5

BAD ASPECTS: Doesn't "represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information." Again, like CNN, and Fox, you guys are news organizations. That is unacceptable. In other words, nothing you read in the NY Times can be trusted, according to their own terms of service.

GOOD ASPECTS: Overall, the agreement isn't as terrible as the others I have been reviewing, so I'll keep it at a 2.


Historical Fairness 6.44 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 64.44 out of 100
Additional Note

Email addresses: opt-out@nytimes.com; privacy@nytimes.com; help@nytimes.com; cancel@nytimes.com; feedback@nytimes.com

Ways to improve

1. Reduce length of privacy policy and integrate into the terms of service as a separate section.
2. Do not kick people off without due process. Create a fair process to determine if there are TOS violations.
3. If you are going to use words like 'harass' and 'hate speech', they must be specifically defined, and there must be a non-arbitrary way to determine whether it meets the objective criteria.
4. Allow arbitration, and in a user's home city.
5. Allow lawsuits in a user's home city.
6. Allow 'do not track' signals to be recognized and processed.
7. Explain what the Tor Onion is please.
8. Fix your IP policy.
9. State that the news that you report is accurate and that you stick by your stories. If you are legitimately reporting the news, you should not be afraid to state that as a warranty and guarantee. You're not the only news media not taking responsibility: many others I have reviewed are being sneaky like this too. It needs to stop.
10. 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:


The reviews on this website are merely a public service. No reviews on this website are to be considered legal advice. Each review is merely one potential analysis. Check that the date of the agreement on a company's website matches the date of the version that we have reviewed. Remember that each 'Click to Agree' agreement is (in most jurisdictions) deemed to be a binding contract between you and the company. Therefore, before making any final decision on whether to sign any online agreement, if you are uncertain, please be sure to read the contract in full, and if you are still confused, consult a licensed attorney in your country or state. Use of this website does not in any way create any lawyer-client relationship anywhere in the world. Click here to read our full terms of service and privacy policy.


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