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Third Party Links and Services
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Limitation on Liability
IN NO EVENT WILL FOX NEWS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE FOX NEWS SERVICES, EVEN IF FOX NEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOX NEWS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FOX NEWS FOR THE FOX NEWS SERVICES DURING THE TERM OF YOUR USE OF THE FOX NEWS SERVICES.
U.S. Export Controls
Software available in connection with the FOX News Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the FOX News Services or otherwise exported or re• exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and FOX News agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of this Agreement or the FOX News Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS• CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold FOX News, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the FOX News Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the FOX News Services.
FOX News does not knowingly accept, via the FOX News Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. FOX News’ policy is to simply delete any such submission without reading it or forwarding it to other FOX News staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any FOX News or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to FOX News via the FOX News Services (including but not limited to any public forum), however, such submissions and copyright become the property of FOX News and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as FOX News sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against FOX News or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
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