Terms of Use

Last Updated:  August 11, 2022


Welcome to Patch High School News (“Patch HSN”), a project of Planck, LLC d/b/a Patch Media (“Planck”).  These Terms of Use describe your rights and responsibilities when accessing or using the Patch HSN website at https://highschool.news/ and/or other Patch HSN services (collectively, the “Patch HSN Site”).  Please see https://patch.com/terms for the terms applicable to other websites, applications and services provided by Planck.  And, please see the applicable website for the terms of use applicable to any website using the Patch HSN service for school publishers (each, a “Publisher Site”). 


By accessing or using the Patch HSN Site, whether through  a personal computer, mobile device or any other means, you agree to be bound by these Terms of Use and by the Patch HSN Privacy Policy, so please read them carefully and let us know if you have any questions.  These Terms of Use are subject to change by us from time to time, effective upon posting to the Patch HSN Site.  Check the Effective Date for the Terms of Use posted on the Patch HSN Site to find out when the latest update was made.  If you do not accept these Terms of Use or the Privacy Policy or any updates to these Terms of Use or the Privacy Policy, then don’t access or use the Patch HSN Site.


Use of the Patch HSN Site

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You may download and print a single copy of any portion of the content of the Patch HSN Site for your personal, non-commercial use, provided that you do not delete or modify any copyright or other proprietary notice, and subject to applicable laws and any agreements or obligations with third parties.  You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Patch HSN Site.  The Patch HSN Site offers services specifically for publishers of high school news websites, who have applied for and been accepted to receive such services and have agreed to, and continue to comply with, the Patch HSN Terms of Service.  If you are interested in receiving Patch HSN publisher services for your school, please reach out to us at highschoolnews@patch.com.  Your obligations under these Terms of Use are in addition to, and not in limitation of, your obligations under the Patch HSN Terms of Service.  If there is a conflict between these Terms of Use and the Patch HSN Terms of Service, the Patch HSN Terms of Service will control solely to the extent of such conflict.


We do not guarantee that the content or information provided by or accessed on or through the Patch HSN Site is accurate, current or complete.  You understand and agree that your use of content and information provided by or obtained through the Patch HSN Site is at your own risk, and that we do not have any liability if such content or information is inaccurate, outdated or incomplete. 


We want to keep the Patch HSN Site a safe and friendly place, so in addition to any other right or remedy that may be available under these Terms of Use or applicable law, we may suspend, limit or terminate your access to the Patch HSN Site at any time, with or without notice and with or without cause.  We may also refer information on activities we believe may be illegal, including your identity, to law enforcement or other authorities, and we may take any other action(s) we believe to be in our interest or the interest of the Patch HSN Site.  


Acceptable Use of the Patch HSN Site 

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Be respectful when using the Patch HSN Site.  Be civil and avoid personal attacks.  As with any website, when you use the Patch HSN Site or any Publisher Site, you acknowledge that you may be exposed to content that is inaccurate or that you find to be offensive, indecent or objectionable, and you agree that we are not responsible or liable for any content or information provided by or on Publisher Sites or by users of the Patch HSN Site. 


Please feel free to let us know if you believe another user or anything on the Patch HSN Site  violates these Terms of Use, by reporting the concern to highschoolnews@patch.com .  However, we are under no obligation to enforce these Terms of Use or remove any content from the Patch HSN Site on your behalf or based on any report you may make. You understand that we will make the sole determination, in our discretion, as to whether any content is acceptable for the Patch HSN Site, and that we may, in our sole discretion, remove content at any time, for any reason, and without notice.


Privacy

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For information about information we collect and how we use and disclose such information, please read the Patch HSN Privacy Policy.  The Patch HSN Site is not directed at children, and we will not knowingly collect personal information from any child under age 13.


Dispute Resolution 

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These Terms of Use and access to and use of the Patch HSN Site are governed by the laws of the State of New York, without regard to its rules of conflict of laws. Any dispute, controversy or default arising under or in relation to these Terms of Use and/or the Patch HSN Site will be submitted to and exclusively resolved by final and binding arbitration conducted under the auspices of the American Arbitration Association (“AAA”), under its Commercial Arbitration Rules, in New York, New York, before a single arbitrator selected by the parties, or if the parties are unable to agree on an arbitrator within twenty (20) days of the date the demand for arbitration is filed, an arbitrator selected under the rules of the AAA. Any arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator and his/her staff, the parties’ attorneys and their staff, and any experts retained by the parties. The arbitrator will have authority to award any remedy or relief that a court of the State of New York could grant in conformity to applicable law, except that the arbitrator will have no authority to award any damages excluded herein. Any arbitration award will be accompanied by a written statement containing a summary of the issues in controversy, the arbitrator’s findings, the facts and law upon which any award is based, and a description of the award. The arbitrator’s award will be final and judgment may be entered upon such award by any court of competent jurisdiction. WE EACH HEREBY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT, BY AGREEING TO SUBMIT SUCH DISPUTES AND/OR CLAIMS TO ARBITRATION, WE WAIVE THE RIGHT TO HAVE THE DISPUTES OR CLAIMS HEARD IN A COURT OF LAW BY A JUDGE OR JURY. Each party will bear its own costs and expense of arbitration. All forum fees and expenses, including, without limitation, AAA’s fees, will be advanced equally by the parties and will not be assessed against any party as part of an award; provided, however, that the failure of a party to timely advance its portion of any arbitration fees will entitle the other party to a default award (if the non-paying party is the respondent) or dismissal with prejudice (if non-paying party is the claimant). NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN (A) ANY CLAIM FOR INJUNCTIVE RELIEF OR WITH RESPECT TO IP RIGHTS MAY BE BROUGH IN ANY COURT OF COMPETENT JURISDICTION WITHOUT REQUIREMENT TO POST BOND; AND (B) FOR ANY CLAIM NOT SUBJECT TO ARBITRATION, YOU AGREE TO SUBMIT TO AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK.



Reporting Claims of Copyright Infringement - Digital Millennium Copyright Act (“DMCA”) Notice

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If you believe any content or materials on the Patch HSN Site or any Publisher Site infringe a copyright, you should provide us with written notice that, at minimum, contains:


  • A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the content or material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information, e.g., a link and screenshot, reasonably sufficient to permit us to locate the content or material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address, at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent, or by law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Please let us know about copyright issues by sending all such notices to our designated agent as follows: by mail to: Patch High School News, Attn: Copyright Agent, 134 W 29th Street, 11th Floor, New York, NY 10001; or by email to: copyright@patch.com.


Disclaimer of Warranties/Limitation of Liability

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THE PATCH HSN SITE, INCLUDING ALL CONTENT AND MATERIALS MADE AVAILABLE ON OR ACCESSED THROUGH THE PATCH HSN SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR OR WITH RESPECT TO THE PATCH HSN SITE OR ANY CONTENT OR MATERIALS ON THE PATCH HSN SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH YOU HEREBY AGREE IS EXCLUDED.  If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for any and all liabilities shall not exceed the amount, if any, paid by you for your use of any service provided by Patch HSN during the prior twelve (12) months or, if greater, ten dollars ($10).


Indemnity

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You agree to defend, indemnify and hold harmless Patch HSN and its parent, subsidiaries and affiliates, and each of their respective officers, directors, members, employees, licensors, licensees, partners and agents, and each of the foregoing’s heirs, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney's fees) arising from: (a) any breach or alleged breach by you of these Terms of Use; (b) your use of materials or features available on the Patch HSN Site (except to the extent a claim is based upon infringement of a third party right by materials created by us and used in strict accordance with these Terms of Use) and/or (c) a violation by you of applicable law or of any agreement or terms with a third party to which you are subject.  You will not settle any indemnified claim without prior written consent of Planck, such consent not to be unreasonably withheld, conditioned or delayed.


Proprietary Rights

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All content, copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Patch HSN Site are the property of Patch HSN or of its licensors. Except as set forth herein, or a “fair use” as permitted under applicable law, you agree not to copy, distribute, publish, enter into a database, modify, make derivative works of or otherwise use or exploit any part of the Patch HSN Site or any content or other materials on the Patch HSN Site without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by us. 


General

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  • The Patch HSN Site may include links to other websites.  Be sure to read the terms and conditions and privacy policies of any other website you visit.  We are not responsible for the practices or content of any other website or service (that includes Publisher Sites), and despite any links in the Patch HSN Site, we do not endorse and are not affiliated with any such third parties, websites or services.
  • By accessing and using the Patch HSN Site, applying for publisher services or sending an email or other communication, you are communicating with us electronically, and you agree to receive electronic communication from us, by email and by posting to the Patch HSN Site.  You agree that any such electronic communication satisfies any legal requirement that a communication must be in writing.  You also agree that any communication or material you provide to us or the Patch HSN Site is and will be treated as non-confidential and non-proprietary.
  • The Patch HSN Site is controlled and operated by Patch HSN from New York, New York, USA.  We make no representation that any content on the Patch HSN Site is appropriate or available for use in other locations.  You are solely responsible for ensuring that your access to and use of the Patch HSN Site complies with all applicable laws of your jurisdiction.
  • We reserve the right, in our sole discretion, to terminate your access to or use of the Patch HSN Site, or to modify or discontinue the Patch HSN Site and/or any services offered by Patch HSN, in whole or in part, at any time and  without notice.  You agree that we will have no liability to you or any third party for any such termination, modification or discontinuance.
  • Any waiver of a provision of these Terms of Use by us must be in writing and will not constitute a continuing waiver or a waiver of any other provision(s). 
  • If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, such provision will be removed but will not affect any other part of these Terms of Use, which will remain in effect.


Contact Us


If you have questions or concerns relating to these Terms of Use or the Patch HSN Site, please contact us at:


Patch High School News

134 W. 29th Street, 11th Floor

New York, NY 10001

Email: highschoolnews@patch.com

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