Terms and Conditions
1. Acceptance of Terms
By accessing or using harbingertribune.com (the “Website”), you agree to be bound by these Terms and Conditions (“Terms”). These Terms constitute a legally binding agreement between you and Harbinger Bros. LLC, a Wyoming limited liability company with its principal place of business at 1309 Coffeen Avenue, Sheridan, WY 82801, United States (“Company,” “we,” “us,” or “our”). If you do not agree to these Terms, please do not access or use this Website.
2. Description of Service
Harbinger Tribune is a digital news publication providing editorial content focused on Asia and Asian affairs. Access to the Website is provided free of charge. We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time, without notice or liability to you or any third party.
3. Intellectual Property Rights
All content on harbingertribune.com, including without limitation articles, photographs, graphics, videos, audio recordings, and underlying software code (collectively, “Content”), is the intellectual property of Harbinger Bros. LLC or its licensors and is protected under United States copyright law (Title 17 of the US Code), international copyright treaties including the Berne Convention, the WIPO Copyright Treaty, and other applicable intellectual property laws worldwide.
You are granted a limited, revocable, non-exclusive, non-transferable personal licence to access and read the Content for your personal, non-commercial use only. This licence does not include any right to: (a) reproduce or distribute Content in any medium without prior written authorisation; (b) modify, translate, adapt, or create derivative works; (c) use Content for commercial purposes; (d) systematically extract, scrape, or archive Content by automated or manual means; or (e) sublicence, sell, or transfer any rights to Content.
Fair use of Content as permitted under 17 U.S.C. § 107, fair dealing under applicable Commonwealth law, and equivalent exceptions under other national copyright laws, including quotation rights for the purpose of criticism, commentary, and news reporting, are expressly preserved and not restricted by these Terms.
4. Prohibition on Use for AI Training
Harbinger Bros. LLC expressly and unambiguously reserves its rights and opts out of the text and data mining exception set out in Article 4(1) of Directive (EU) 2019/790 of the European Parliament and of the Council on Copyright in the Digital Single Market (“CDSM Directive”) for the purpose of developing, training, fine-tuning, or evaluating artificial intelligence systems of any kind, pursuant to Article 4(3) of that Directive.
Accordingly, any use of Content from harbingertribune.com for the purpose of training, developing, fine-tuning, evaluating, benchmarking, testing, or otherwise improving any machine learning model, large language model, generative AI system, neural network, or any other artificial intelligence technology is strictly and expressly prohibited without the prior written consent of Harbinger Bros. LLC. This prohibition:
- Applies whether the use is commercial or non-commercial in nature
- Applies regardless of the technical means employed (including automated scraping, human-in-the-loop data pipelines, purchase of third-party datasets containing our Content, or any other mechanism)
- Applies in all countries to the fullest extent permitted by applicable copyright, database protection, and related law
- Is made pursuant to Article 4(3) EU CDSM Directive, equivalent UK provisions, US copyright law (17 U.S.C. §§ 106, 107), and the Berne Convention
Violation of this prohibition constitutes copyright infringement and may result in claims for injunctive relief, statutory and actual damages, and other available legal remedies.
5. Permitted Uses
You may access and read articles for personal, non-commercial information purposes; share links to articles on social media or by email; quote brief excerpts (not to exceed a few sentences) for purposes of commentary, criticism, or news reporting, with proper attribution to Harbinger Tribune and a link to the original article; and print single copies of articles for personal reference.
6. Prohibited Uses
You may not: reproduce full articles on other platforms without a licence; use the Website or Content for commercial purposes; operate automated tools to scrape or bulk-download Content; attempt to circumvent any technical protection measures; use the Website to distribute spam, malware, or other harmful code; engage in any activity that could overburden or impair our infrastructure; misrepresent the source of any Content; or use Content in a manner that infringes any intellectual property right or violates any applicable law.
7. User Conduct
You agree to use the Website only for lawful purposes and in a manner consistent with applicable local, national, and international laws and regulations. You will not use the Website in any way that may bring Harbinger Bros. LLC or Harbinger Tribune into disrepute or that may expose us to legal liability.
8. Section 230 of the Communications Decency Act
To the extent that users submit content through the Website, Harbinger Bros. LLC is entitled to the protections of Section 230 of the Communications Decency Act, 47 U.S.C. § 230, as a provider of an interactive computer service. We are not the publisher or speaker of user-submitted information under Section 230.
9. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HARBINGER BROS. LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL CODE, NOR THAT ANY DEFECTS WILL BE CORRECTED. ANY RELIANCE ON THE CONTENT IS AT YOUR OWN RISK.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HARBINGER BROS. LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
- LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS
- LOSS OF DATA OR INFORMATION
- LOSS OF GOODWILL OR REPUTATION
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.
11. Indemnification
You agree to indemnify, defend, and hold harmless Harbinger Bros. LLC and its officers, directors, members, employees, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Website in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your infringement of any intellectual property or other right of any person or entity; or (d) any content you submit or transmit through the Website.
12. Third-Party Links and Content
The Website may contain links to third-party websites or resources. These links are provided for informational convenience and do not constitute endorsement of any linked site, its content, or its operators. We are not responsible for the content, privacy practices, or availability of any third-party site. Your interactions with third-party sites are governed by their own terms and privacy policies.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without giving effect to its conflict-of-law provisions, except to the extent that mandatory consumer protection laws of another jurisdiction apply and cannot be excluded by contract.
13.2 Dispute Resolution for US Users
Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or the Content that cannot be resolved through good-faith negotiation within thirty (30) days shall be submitted to final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall take place in Sheridan, Wyoming, or by remote hearing. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and Harbinger Bros. LLC each waive the right to a trial by jury and the right to participate in any class action, class arbitration, or representative proceeding.
13.3 EU Users
For users habitually resident in the EU, these Terms are governed by Wyoming law subject to the application of mandatory consumer protection provisions of your country of habitual residence that cannot be derogated from by contract. Pursuant to Regulation (EU) No 1215/2012 (Brussels Ibis Regulation), Article 18, EU consumers may bring proceedings either in the courts of Wyoming or in the courts of their EU Member State of habitual residence. The European Commission's online dispute resolution platform is available at ec.europa.eu/consumers/odr.
13.4 UK Users
UK consumers retain the protections of the Consumer Rights Act 2015 and other applicable UK consumer protection legislation. UK courts retain jurisdiction for claims by UK consumers.
13.5 Asia-Pacific Users
Nothing in these Terms excludes rights you may have under mandatory consumer protection laws in your jurisdiction in the Asia-Pacific region that cannot lawfully be excluded by contract.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. We will indicate the date of the most recent revision at the top of this page. Your continued use of the Website after any modification constitutes your acceptance of the modified Terms.
15. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
16. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Harbinger Bros. LLC with respect to your use of the Website and supersede all prior agreements and understandings, whether written or oral, relating to the same subject matter.
17. Contact
For questions regarding these Terms, please contact:
Harbinger Bros. LLC
1309 Coffeen Avenue, Sheridan, WY 82801, United States
Email: support@harbingerpressmedia.com