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(iii) your contact information including your name, an address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;

Guardian’s designated copyright agent to receive notifications of claimed infringement is: dmca@theguardian.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

16. Governing law & jurisdiction (for US users)

If you have accessed the Guardian Site from the US, these terms and conditions are governed by the laws of the United States of America and the laws of the State of New York. You agree that exclusive jurisdiction for any claim or dispute with Guardian or relating in any way to your use of the Guardian Site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving Guardian News & Media LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Guardian Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.

17. Additional disclaimers (for US and Australian users)

Visitors to the Guardian Site agree that their use of the Guardian Site is at their own sole risk. The Guardian Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Guardian Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Guardian also makes no representations and warranties as to any linked sites and Guardian has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Guardian Site may represent the opinions and judgments of providers or users, such as user content. Guardian and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Guardian Site by anyone other than authorised Guardian employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Guardian Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Guardian Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Guardian does not warrant or guarantee that access to the Guardian Site will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

18. Limitation of liability (for US and Australian users)

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL GUARDIAN OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE GUARDIAN SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE GUARDIAN SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF GUARDIAN SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, GUARDIAN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING GUARDIAN’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

19. Exclusion of warranties (for Australian users)

The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by Guardian of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 4, 16 and 17 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (i) contravene the relevant statute; or (ii) cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).

Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on Guardian are expressly excluded under these terms and conditions.

20. Non-Excludable Obligations (for Australian users)

In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), Guardian’s liability to you for a failure to comply with any Non-Excludable Obligation is limited to: (i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and (ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

Details of variations

September 8 2005: Section 1 adapted to include reference to mobile phones. Section 7 adapted to include references to blogs and Been There service.

November 1 2005: Addition to Section 8 regarding email alerts for Guardian Jobs users.

When you register for Guardian Jobs services you will be asked to provide some further information.

If you have asked to receive email alerts about specific jobs the frequency with which you will receive these will depend upon the service that you have chosen. Additionally you will receive regular newsletters with information about developments with the Guardian Jobs website. If you have not subscribed to specific email alerts you will still receive these regular emails but can unsubscribe at any time.

We do not allow employers to view any of your personal details without your express consent.

Guardian Jobmatch only operates as an employment agency in relation to the hirer to the extent that it matches profiles submitted by jobseekers in response to existing job vacancies on the site. Guardian Jobmatch does not have any authority as an employment agency or otherwise to act for the hirer and does not effect introductions between hirers and jobseekers, or vice versa.

May 7 2008: Link to privacy policy inserted to replace text in Section 8 for consistency. Community Standards and Participation Guidelines incorporated in Sections 6 and 7.

1 February 2010: A reference to the Guardian headline service was removed from Section 3 and replaced with information about the NLA’s ability to issues licences to certain news aggregators.

In Section 6 the licence granted in respect of graphical and photographic works submitted to us was updated to include print use.

18 April 2011: Revised and merged terms for the submission of content by site users. Subsequent paragraphs renumbered.

19 September 2011: Modified to cover guardiannews.com and to introduce specific terms for users accessing the site in the US.

27 February 2012: New section included at 7 to address Apps and consequential section renumbering.

17 January 2013: Section 6 amended to include reference to under 16s submitting content. Section 7 modified to capture user content submitted via Apps.

2 May 2013: New Sections 18 and 19 included to introduce specific terms for users accessing the site from Australia. Amendments to section 17. Consequential amendments to other provisions.

30 July 2013: Modified to include reference to theguardian.com

25 May 2018: Updated reference to privacy policy in Section 8.

22 February 2023: Various amendments, including to draw users’ attention to specific sections, to make clear that reproduction and/or extraction of Guardian content for commercial text and data mining is not permitted and that the Guardian is the sole seller of advertising on the Guardian Site.

09 March 2023: Section 2 amended to update account termination process

10 March 2023: New section 8 to reflect the introduction of the App Meter, and corresponding changes made to section 7. Subsequent paragraphs renumbered.

20 July 2023: Section 8 amended to generalise the first sentence of the second paragraph.

17 October 2023: The first sentence of the first paragraph of Section 3 amended to state “…Guardian is the sole owner or the licensee of all content on the Guardian Site…”

Paragraph 3 of Section 3 amended to begin with “Without limitation” and to replace the wording “any scraping of the Guardian Content or reproduction, copying…or mining purposes or for any commercial use” with “that you shall not use, copy, scrape, reproduce, alter, modify, collect, mine and/or extract the Guardian Content….for any commercial use”.

Paragraph 3 of Section 3 amended to add the words “(including, any caption information, keywords or other associated metadata)”

Paragraph 4 of Section 3 amended to state “or otherwise approved in writing by the Guardian”, to add “crawler” after “scraper”, to add “algorithm” after “process” and to add “(whether for data gathering, mining, collection, reading, scraping, extraction or other purposes) in each case”. Deletion of “for any purpose (such as, but not limited to, gathering or extraction)”.

New paragraph 5 added to Section 3 beginning “You shall not use any service, software, device, tool,….

Paragraph 6 of Section 3 amended to add the following wording at the end “, including for the purposes of Article 4(3) of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market …. in each case, to the maximum extent permitted by applicable laws.

New paragraph 8 to Section 3 beginning “Our robots.txt notice does not, and shall not, constitute…”

6 March 2025: Reference to Guardian Ad-Lite added in section 5.

? 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.


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