Published 09th October 2026
This website (“Website”) is provided by New Scientist Limited, incorporated in England & Wales with its registered office address at Northcliffe House 9 Derry Street, Kensington, London, England, W8 5HY (company no: 10644366) (‘we’, ‘us’, ‘New Scientist’ etc).
The following terms and conditions (“Terms”) apply to the use of our Website and any goods or services provided by us, including subscriptions offered by us from time to time that link to these Terms (together the “Services”). They also govern all materials and information associated with the Services (“Materials”). Please note that other services (for example our app) may be governed by specific terms or privacy information.
These Terms contain important information about how our Services operate, restrictions on how you can use them, and who to speak to if you have a problem. Please read them carefully as, by using our Services, you agree to these Terms.
We may revise these Terms from time to time (including by amending this page), so please check back regularly, as the latest version will always apply. If you continue to use our Website after we make any changes to our Terms, you will be deemed to have accepted any changes to our Terms. If you do not agree to such changes, we ask you not to use our Website. You can check when these Terms were last updated by looking at “Last Updated” at the top of this page.
To help you navigate these Terms, we have broken them down into the following sections: General Terms; General Subscription Terms; U.S. Terms of Use; and Privacy & Cookies Policy. If you are visiting our Service from the United Kingdom, European Union, or other non-U.S. location, please review our General Terms. If you are visiting our Service from the United States, please review our U.S. Terms of Use.
A. General Terms
1. USE OF THE WEBSITE AND OUR SERVICES
1.1 By using the Services, you signify your agreement to be bound by these Terms. If you do not agree to accept these Terms, you should not use the Services.
1.2 We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Services after such changes are posted will be deemed agreement on your part to these Terms, as amended.
1.3 Please also read our Privacy and Cookies Policy, which explains how we may collect and use information about you via the Services.
1.4 If you subscribe to a print or an app + web subscription via our Services, the (below) will govern that subscription.
2. ACCESSING OUR WEBSITE AND COMMUNITY GUIDELINES
2.1 Access to our Website is permitted on a temporary basis and we reserve the right to suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
2.2 We may update our Services from time to time and may change the content on our Services at any time. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services or any Materials.
2.3 Although we make reasonable efforts to update the information available via our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up-to-date.
2.4 If we permit you to post or provide any information on or via our Services, you must ensure that such information does not contravene any applicable laws or infringe any person’s legal rights. We do not monitor or edit documents or files posted or provided to us by third parties and accordingly we do not accept any responsibility for any damage or loss you may suffer.
2.5 We may add to or remove Materials and features from the Services without notice, save that if we make changes to the Subscription Terms (see below) which we deem are material, we will notify you.
2.6 You agree that you will not (whether directly or indirectly) access or use (or permit, authorise or facilitate the access or use of) the Website or any Materials in any of the following ways (without limitation):
2.6.1 to attempt to decompile, reverse engineer, disassemble or otherwise access any of the software programs, databases or other systems used by us to provide the Services or to derive source code from our Services;
2.6.2 to tamper with, hinder the operation of, make unauthorised modifications to our Services including attempting to interfere with the access of any user, host or network;
2.6.3 to use the Services, or any of the facilities available on them, for any activities which breach any laws or regulations or infringe any third party rights, send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Services to send any unsolicited promotional or advertising material or any volume messages which may interfere with the provision of the Services or the use of the Services by others;
2.6.4 to remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of ours or any third party;
2.6.5 to use the personal information of another person in order to access or use our Services;
2.6.6 to transmit any bug, virus or other disabling feature to or through the Services;
2.6.7 to use any Materials to make or populate a database or publication of any kind whatsoever, to develop or train any software program (including any machine learning or artificial intelligence systems), or for the purpose of text/ data mining or analysis to generate information which includes but is not limited to patterns, trends and correlations;
2.6.8 to abstract, download, store, reproduce, republish, transmit, display, copy, distribute or use the Materials other than as permitted by these Terms; and
2.6.9 to copy, download, extract, collect, ‘scrape’, obtain, monitor or store all or any part of the Website or Materials, including whether manually or by way of any ‘bot/robot’, ‘spider’, ‘scraper’ or other automated software, device, algorithm, code, methodology, tool, process or similar technology (other than any such use by a public search engine for the sole purpose of providing direct links to the Website). The provisions in this clause 2.6.9 relating to text/ data mining and web scraping (a) should be treated as an express reservation of our rights in this regard, and (b) shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text/data mining or web scraping activity by contract under the laws which are applicable to us. If you require any further information on permitted use, or a licence to re-publish or otherwise utilise any part of the Website (or any Materials), please email tca-articlesales@tribpub.com.
2.7 You are responsible for all activity and for the accuracy of all information and requests sent using your username, password or any other personal identification implemented to identify you.
2.8 You must notify us immediately of any unauthorised use of your account, or other account related security breach of which you are aware.
2.9 If you inform us, or if we have reason to believe that, unauthorised use is being made of the Services (whether by you or through your account) then, without prejudice to our other rights and remedies, we may suspend or terminate your access to the secure areas of the Services immediately (and without notice to you).
2.10 You must not use all or any part of our Website or Materials for commercial purposes without our permission.
2.11 You may only play video or audio files using the media player on our Website.
2.12 If you would like a friend to read a story or watch or listen to a video or audio file on our Website, please use the ‘Email’ or ‘Share’ facilities on our Website, or you may email a link to our Website to your friend or simply ask them to visit our Website. Please ensure that you have their consent before giving us their details.
2.13.1 Any use of the Embeddable Content must be for personal, non-commercial purposes. You may not charge users of your website for access to the Embeddable Content, use the Embeddable Content as a means to secure advertising, or commercialise the Embeddable Content in any other way.
2.13.2 All intellectual property rights in and to the Embeddable Content, embed code and the embeddable player shall remain the property of us and/or our licensors.
2.13.3 The Embeddable Content cannot be used on any websites that:
- contain unlawful text or images; or
- contain pornography or sexually explicit content; or
- contain gratuitous violence; or
- condone or encourage unlawful acts.
2.13.4 You may only use the Embeddable Content where your website:
(a) complies with all applicable data protection and privacy laws, codes of practice and the self-regulatory principles for online behavioural advertising; and
(b) clearly explains that cookies and similar tracking technologies may be used on your website by third parties for analytics and advertising purposes and (if required by law) includes a link to our privacy policy: newscientist.com/privacypolicy.
2.13.5 We grant you a non-exclusive, non-transferable licence to use the embeddable computer code to display the Embeddable Content on your website.
2.13.6 You may not copy, re-publish, edit, alter, add to or use the embed code or embeddable player in any other way.
2.13.7 All title, ownership rights and intellectual property rights in and to the Embeddable Content, the embed code and the embeddable player shall remain our property or the property of our licensors.
2.13.8 You may not directly or indirectly suggest any endorsement or approval by us of your site or any entity, product or content or any views expressed within your site without our prior written approval.
2.13.9 You may not use the Embeddable Content in any way that could bring us into disrepute or otherwise cause any loss or damage to us.
2.13.10 The Embeddable Content is made available by us on an “as is” and “as available” basis and we give no warranty of any kind in relation to the Embeddable Content, embed code or the embeddable player, including warranties related to non-infringement of third party rights. We disclaim all implied and statutory warranties to the maximum extent permitted by law.
2.13.11 You agree to reimburse us in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of these Terms or otherwise in connection with your use of the Embeddable Content and/or the embeddable code and player.
2.14 We may include affiliate links in our content (“Affiliated Content”). If you click an affiliate link and make a purchase, we may earn a commission at no additional cost to you.
2.15 Making your use of the Website enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Website. We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.
2.16 We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Website available again as soon as we think it is safe to do so.
3. REGISTRATION
3.1 You must be aged 13 or over to register an account. Only one registration per person is allowed. You must keep your registration information up to date.
3.2 You must choose an email address which gives you frequent access to emails sent to that address, as we need to be able to contact you.
3.3 Where you are provided with a log-in, username, password or any other piece of information as part of our security procedures you must treat such information as confidential and you must not disclose it to any third party. The right to use the secure areas of the Services is personal to you, and you may not allow other people to use your log-in details.
3.4 You are responsible for everything done using your account. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by contacting customer services: https://www.newscientist.com/contact-us/.
3.5 You must not:
(i) impersonate or try to impersonate another person;
(ii) disclose your password to anyone else;
(iii) allow anyone else to use your account;
(iv) use anyone else’s account.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 We are the owner or the licensee of all intellectual property rights and other rights in our Services, and in the material published on them (whether in machine readable or printed form). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You acquire no proprietary interest in the Services or Materials except as expressly permitted by these Terms, and you may not use the Service or the Materials in any way that infringes the intellectual property rights in them.
4.3 Please see clause 1 (in our Subscription Terms) for permitted usage and licence restrictions regarding the Materials.
4.4 Any use by you of the Services or Materials in a manner not expressly permitted by our Terms may mean that you are infringing our rights and/or the rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement.
5. LIABILITY
5.1 We provide the Services on an “as is” and “as available” basis and to the fullest extent permissible by law we do not guarantee that our Services will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error, or that it will be free from viruses, worms, Trojans or other harmful elements. We recommend that you protect your equipment by having appropriate anti-virus software in place.
5.2 Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, so we assume no responsibility for the content of such sites. Such links should not be interpreted as endorsement by us of those linked sites. We will not be liable for any loss or damage that may arise from your use of them.
5.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on them, whether express or implied.
5.4 To the full extent permissible by law, we will have no liability in contract, tort (including negligence and breach of statutory duty) or otherwise for any indirect, special or consequential loss, including indirect loss of profits or business opportunity (whether or not reasonably foreseeable and even if it had been advised of the other incurring the same), however it arises, that (i) results from the use of or inability to use the Services or any Materials on it or from any action or decision taken as a result of using the Service or any such Material; or (ii) results from or is connected to your use of the embed code, player or the Embeddable Content.
5.5 We are not responsible if you cannot access the Website properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.
5.6 Our total liability to you under these Terms shall not exceed the greater of: (a) £50.00 (or local currency equivalent); or (b) the total amount paid by you for access to the relevant Service during the 12-month period prior to the date of your loss.
5.7 Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited by law.
5.8 If defective digital content or the app that we supply damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage (i) that you could have avoided by following our advice to apply an update offered to you free of charge or (ii) caused by you failing to correctly follow installation instructions or to have in place any minimum usage requirements advised by us.
6. LINKING TO OUR WEBSITE OR OTHER SERVICES
6.1 We reserve the right in our absolute discretion to prohibit any link from another site to materials or information on our Services without notice.
6.2 Any link to material or information on our Services must be neither misleading nor deceptive and must fairly indicate our Services as the destination of the link. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7. EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE)
7.1 We will not be liable or responsible to you for any failure to perform, or delay in performance of, any of our obligations to you that is caused by any event outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes the following (without limitation):
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, armed conflict, imposition of sanctions;
- any acts of god, fire, explosion, storm, flood, earthquake, subsidence, disease, epidemic, pandemic or other natural disaster;
- nuclear, chemical or biological contamination or sonic boom;
- prohibitions on the use of public or private telecommunications networks or parcel delivery services;
- the acts, decrees, legislation, regulations or restrictions of any government, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; and/or
- high winds or any other extreme weather conditions which necessitate the closure of any event locations for the safety of our staff and customers.
7.2 Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we may at our discretion extend time for performance for the duration of that period.
7.3 We will use our reasonable endeavours to minimise the disruption caused by any Force Majeure Event, including (in our absolute discretion, and subject to availability) offering alternative products and services for those elements of a subscription directly affected by a Force Majeure Event.
7.4 Please check our website regularly for any service updates, including potential Force Majeure Events.
8. GOVERNING LAW
8.1 Subject to clauses 8.2 and 8.3 below, these Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.
8.2 If you are a consumer and your use of the Services gives rise to a potential dispute or claim when you are a resident of:
- Ireland, these Terms are subject to Irish law and to the exclusive jurisdiction of the Irish courts;
- Scotland, these Terms are subject to Scottish law and to the exclusive jurisdiction of the Scottish courts; or
- any other country other than those listed above, you will also benefit from any mandatory provisions of the law of the country in which you are resident (including any rights you have to bring action in your home country).
8.3 Nothing in these Terms, including this clause 8, affects any consumer rights you may have under any mandatory local laws of the country in which you are a resident.
9. CONTACT/COMPLAINTS
9.1 If you have a complaint about any of our Services or about something that appeared in New Scientist, please contact our Customer Care team. Please provide details of your complaint including copies of any correspondence or documents relating to your complaint. We will try to resolve any complaint with you quickly and efficiently in accordance with our Complaints Policy.
9.2 We are under a legal duty to supply you with a Service that complies with these Terms. Nothing in these Terms affects your legal rights. For information about your legal rights, please visit the Citizens Advice website at: https://www.adviceguide.org.uk.
9.3 If we are unable to resolve any complaints in accordance with our Complaints Policy, or you are unhappy with the outcome, you may request that alternative dispute resolution (“ADR”) is used. ADR is a process for resolving disputes between you and us that does not involve going to court. We will provide you with the name and website of an ADR provider that would be competent to deal with your issues. If you make a request for the complaint to be settled by ADR, we will consider whether or not we wish to participate in ADR, but we are not obliged by law to participate.
9.4 If you do not wish to use ADR, or you are unhappy with the outcome of ADR, you can still bring court proceedings in accordance with clause 8 of these Terms.
9.5 If you have a specific question relating to your subscription, please check the FAQs here before contacting our subscriptions teams. Otherwise please contact us using the contact details.
10. OTHER IMPORTANT TERMS
10.1 Transferring rights: You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with these Terms, without our prior written consent. You agree that we may transfer our rights and obligations under our contract with you to a third party purchaser of our business or to an affiliate, in which case we shall notify you and explain your options.
10.2 Third party rights: These Terms are between you and us. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing them.
10.3 If the Terms are invalidated: If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
10.4 Delays: We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
B. General Subscription Terms
In these Terms, “Subscriber” means an individual subscriber and “Authorised User” means an employee duly authorised by an organisation who is a Subscriber or any other person expressly authorised by New Scientist Limited. “Unauthorised Person” means any person who is neither a Subscriber nor an Authorised User.
1. LICENCE AND RESTRICTIONS ON USE
1.1 As an Authorised User or Subscriber, you may use the Materials that appear in any subscription service we offer from time to time (“Subscription Service”) for your own private use and/or for business research. For this purpose:
- you may:
- display the Materials on screen;
- make printouts of items included in the Materials using the printing commands contained in the Subscription Service; and
- download and store in machine readable form a single copy of insubstantial portions of the Materials primarily for one person’s exclusive use.
- you may not:
- modify the Materials in any way;
- make multiple printouts or copies of Materials for distribution to Unauthorised Persons;
- re-sell the Subscription Service or any part of the Materials to others;
- make the Subscription Service or any Materials available to Unauthorised Persons on a local area network, a wide area network or on any intranet or extranet; or
- obscure or remove any copyright notices that appear on any Materials.
1.2 You agree not to use the Subscription Service for commercial purposes without obtaining our prior written agreement; and shall not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of the Subscription Service except as permitted above.
1.3 We reserve the right to suspend or terminate your subscription at any time, with or without notice or explanation, if we believe you are breaching, or have breached, these Terms in any way.
2. PASSWORDS AND SECURITY
If passwords are issued by us to access the Subscription Service;
- no password may be made available to any Unauthorised Person for the purpose of using the Subscription Service; and
- if we suspect (acting reasonably) that a password is being used by an Unauthorised Person the password may be cancelled.
3. HOW TO SUBSCRIBE
3.1 You must be aged 18 or over to be eligible for a New Scientist subscription. You can subscribe to New Scientist via our subscriptions centre, or by contacting our customer services team at https://www.newscientist.com/contact-us/.
3.2 In addition to these Subscription Terms, your subscription may be subject to any individual offer terms notified to you during the subscription process.
3.3 In order to purchase and use a subscription you will need to register for an account (an “Account”) by providing your name, your email address, password and other data that may be required for the Subscription Service of your choosing (“Registration Data”).
3.4 You will ensure that your Registration Data, and any other information that you provide to us in relation to your Account, is accurate and kept up to date. We will use your Registration Data and such other information, as set out in our Privacy Policy.
3.5 If you are subscribed to New Scientist under a Corporate or Educational subscription, these Subscription Terms will apply to your subscription to the extent relevant. Please contact your organisation’s subscription holder with any specific queries about your Corporate or Educational subscription or its duration.
3.6 Student subscriptions may also be available at discounted rates. Please see https://www.newscientist.com/subscribe/studentdiscount/ for further details including applicable terms and conditions.
4. SUBSCRIPTION OPTIONS
4.1 New Scientist’s subscription options change frequently. Please check our subscriptions centre for up to date information and offers on subscription options. Our main subscription products are:
- Digital including
- Print + Digital including Print + App + Web
4.2 Your subscription term, your rights to cancel your subscription and/or your rights to receive a refund may differ if you used a voucher code or other offer. Further details will be set out with the relevant offer or its terms and conditions.
4.3 Newscientist.com has a limited amount of free content. Paid-for content is available to all magazine subscribers. If you are a subscriber please log in for full access to newscientist.com.
4.4 Please note that subscriptions purchased from do not include full access to newscientist.com, and are subject to the subscription terms of those third party platforms.
4.5 App + Web: your subscription will be activated once you complete the subscription process (at https://www.newscientist.com/subscribe or via our customer services team) and we authorise your payment details.
4.6 Print + App + Web: in addition to the process for App + Web above, unless otherwise specified we will send the next available print issue to your chosen delivery address.
5. SUBSCRIPTION COSTS
5.1 By submitting your payment and other subscription details, you are making an offer to us to purchase a subscription using the payment/billing details provided. Your offer will only be accepted by us and a contract formed when we have successfully verified your details and taken your first payment, at which point we will send you a welcome email confirming the start of your subscription. We reserve the right to reject any offer in our absolute discretion, including as a result of obvious pricing errors.
5.2 Offers and prices will vary from time to time and by country. Please check our subscriptions centre for up to date options for subscriptions (and available offers).
5.3 The cost of your subscription will be made clear to you when completing your subscription and confirmed in your welcome email.
5.4 You agree to pay the fees at the rates notified to you at the time you purchase one of our subscriptions. If you make a request to change your subscription, we will notify you of the change in cost and you agree to pay the new price confirmed in your updated welcome email.
5.5 We will notify you of any material changes to your subscription (see clause 8.2 below).
5.6 Promotional offers and incentives are subject to availability and may be changed at any time, subject to applicable laws.
5.7 It is possible that, despite our best efforts, the subscription prices listed on our website may be incorrectly priced. If we discover a pricing error, we will inform you of this error and give you the option of continuing to purchase the subscription at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided, we will treat the order as cancelled and notify you by email.
5.8 We will impose upon and collect from you any and all sales, use, excise, transaction and value added taxes, customs, duties, contributions, or similar levies by taxing jurisdictions as required by law that are imposed by any government tax authority upon your Subscription payment and are your legal obligation to pay. If the rate of any applicable tax changes between your order date and the date we supply the product, we will adjust the rate of applicable tax that you pay, unless you have already paid for the product in full before the change in the rate of applicable tax takes effect.
5.9 If your chosen payment method is Direct Debit, we will adhere to the guidelines set out in the Direct Debit Guarantee scheme. For further details please contact our customer services team details of which can be found here: https://www.newscientist.com/contact-us/
6. SUBSCRIPTION PAYMENTS
6.1 Please see checkout for available payment methods for your location.
6.2 Payment types and subscription duration may be restricted for certain promotional offers. Please check the terms of the individual offer for further details.
6.3 By submitting payment details to us, you warrant that you are entitled to purchase a subscription using those payment details.
6.4 Direct Debit: A UK bank account is required for Direct Debit subscriptions. On acceptance of your direct debit subscription we will inform you of the date your subscription will begin. The subscription is deemed continuous and you will be charged at the beginning of your subscription and at the agreed frequency thereafter.
6.5 Continuous Card Authority: If you choose to pay for your subscription by continuous card authority, your subscription will be deemed continuous and your chosen payment method will be debited at the beginning of your subscription and at the agreed frequency thereafter.
6.6 Transaction Fees: Depending on your location (i.e. outside of the US and UK), a transaction fee from your bank or card issuing company may apply. Please contact your bank or card issuing company with questions on applicable fees.
6.7 If you default on any payment, we recommend that you contact us as soon as possible so that we can discuss potential options. Where missed or failed payments persist, we reserve all our rights, including to suspend or terminate your subscription.
6.8 If your subscription has been terminated and you would like to re-subscribe to one of our subscriptions, please contact our customer service team. We reserve the right to require payment in full of any outstanding amount owed to us.
7. DELIVERY (PRINT ONLY)
7.1 We print editions of New Scientist in the UK, the United States, and Australia and have a global network for delivery. However, please check the availability of delivery to your country when subscribing or contact our customer service team.
7.2 A valid postal address (including postal / zip code) is required for a print subscription.
7.3 Although we do our best to ship print copies out to you as regularly as possible, supply cannot be guaranteed, and may be affected by events outside our control, especially in geographically remote areas. Please check our website regularly for any service updates, including potential Force Majeure Events (see ‘Events outside our control (force majeure)’ at clause 7 of the General Terms above).
7.4 Please make sure your delivery details are accurate and up-to-date. For any changes to your delivery preferences, please update your account at www.newscientist.com/mysubscription or contact us using the contact details here.
8. CHANGES TO YOUR SUBSCRIPTION
8.1 By you
- Log in to your New Scientist account to update your account details. Select ‘Your account’ to view and amend your subscription details.
- If this does not work for you, please contact our customer service team.
8.2 By us
- We may change the subscription, Terms or app to (i) reflect changes in laws or regulatory requirements; and/or (ii) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not have any material adverse impact on your subscription.
- We may update, or require you to update, digital content in the app. We shall ensure that the type of digital content always matches the description that we provided to you before you bought it.
- We will notify you of any material changes to your subscription (including changes to the price of your subscription or the frequency of payments/billing period), together with your rights to cancel if you do not wish to continue with your subscription. If we do not hear from you, your continued payment will be taken as acceptance of any changes.
- Please contact our customer service team with any queries about changes.
9. CANCELLING A SUBSCRIPTION
9.1 If you want to cancel your subscription, please cancel via your account or by using the contact details here. If you purchased your subscription via Google Play, Zinio or Apple App Store, you will need to end your subscription via the relevant platform. If you have any questions relating to amending or ending your subscription, please go to your account on the relevant platform.
9.2 If you are ending your subscription for a reason set out at (a) to (c) below, your subscription will end immediately and we will refund you in full for any part of the subscription that has not been provided. You may also be entitled to compensation if you terminate under 9.2 (c) below. The reasons are:
(a) we have told you about an upcoming change to the subscription or these Terms which you do not agree to, including a price change (Clause 8.2);
(b) we have told you about an error in the price or description of the subscription you have ordered and you do not wish to proceed; or
(c) you have a legal right to end the subscription because of something we have done wrong.
9.3 If you cancel within fourteen (14) days of the start of your subscription (or any subsequent renewal), we will refund any unserved issues using the same method of payment that you used to purchase your subscription.
9.4 In all other cases, your subscription will continue until your current minimum subscription or payment term ends. Except as set out elsewhere in these Terms, there are no refunds for any unserved issues if you cancel the Subscription more than 14 days after the start date.
9.5 When cancelling your subscription, please have the following information ready:
- Your name and address or email address; and
- Your subscription number.
10. TECHNICAL REQUIREMENTS FOR SUBSCRIPTIONS
10.1 You are responsible for making all arrangements necessary to access your Subscription Service. In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Subscription Service.
10.2 App + Web: To benefit fully from our subscriptions, you will need one or more of the following at a minimum:
• Android 10 (or above) supported smartphones and/or tablet devices (for example Google Pixel, Samsung Galaxy etc). See also here for our Android App FAQ.
• Apple iOS16 (or above) supported smartphones and/or tablet devices (for example iPhone or iPad). See also here for our Apple iOS FAQ.
10.3 In addition to the subscription fees due to us, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Subscription Service or using the services available on it. For example, your mobile network operator may charge you for data or roaming services.
11. ADDITIONAL SUBSCRIPTION TERMS FOR U.S. BASED SUBSCRIBERS
11.1 The Additional Subscription Terms for U.S. Based Subscribers are considered Additional Terms. In the event of a conflict between the Additional Terms and the General Subscription Terms, the Additional Terms control as to the conflict. By accepting these Additional Terms, you also accept the U.S. Terms of Use.
11.2 DISPUTES ARE SUBJECT TO MANDATORY ARBITRATION AND CLASS ACTION WAIVER AS SET FORTH IN OUR U.S. TERMS OF USE
11.3 New Scientist reserves the right to change these Additional Terms at any time at our discretion without prior notice. We will post updated terms here. Continued use of the Subscription Service after the changes become effective will be deemed acceptance of any changes.
11.4 The Subscription Service automatically renews at the end of the term, and you will be charged a fee each term, generally on the anniversary date of your subscription, unless you cancel at least 48 hours prior to the start of the next term. You may cancel your Subscription Services at any time, either online through your membership account or through one of our customer service agents. If you cancel your Subscription, you will have access to the Subscription Service until the end of your current term and you will not be charged for an additional term.
11.5 We may change the price of any Subscription, remove and/or offer certain other Subscription services from time to time. We will always tell you in advance of any increase in the price of your Subscription and will offer you an opportunity to cancel your Subscription before the new price takes effect. If you do not cancel your Subscription before the new price takes effect, you accept and agree to pay the updated price for your Subscription. New prices will only become effective on the next payment date following the notice.
11.6 You must be a resident of the United States with a valid email address and at least 18 years of age to sign up for the Subscription Service.
11.7 If you upgrade your Subscription Service from a lower tier to a higher tier during the term, the upgrade occurs immediately. We will advise you at the time of upgrade whether any additional fees for the upgraded tier will be pro-rated for the current term or applied from your next billing term. The full fee for the higher tier will be charged at the beginning of the new term.
11.8 If you downgrade your Subscription Service during the term, then the downgrade will occur at the end of the term. At the beginning of the next term, you will be charged the rate of the new subscription term.
11.9 We may submit these previously authorized recurring charges (e.g. monthly or annually) on the anniversary date of your subscription without additional authorization from you until you wish to change your payment method or terminate your authorization. You agree to provide us with a valid payment method for the duration of your use of the Subscription Services. A monthly recurring payment schedule that starts on the . To change your payment type or terminate your authorization, go to your account at www.newscientist.com/mysubscription. Charges will appear as newscientist.com on your billing statement.
11.10 You may cancel your Subscription Service at any time, subject to the terms of these General Subscription Terms. In order to cancel, go to www.newscientist.com/mysubscription and follow the cancellation link where you will be directed to cancel online, or contact our customer service team. Any attempt to transfer, assign or otherwise sell or trade such subscription, regardless of manner or method, is null and void. We do not charge a fee to cancel. To ensure that no further payment is taken, cancellations must be submitted at least before the next payment is due (you can find this date in your account at www.newscientist.com/mysubscription). If you cancel, your entitlements and subscriber benefits will remain active until the end of the current term.
11.11 EXCEPT AS OTHERWISE STATED IN THESE ADDITIONAL TERMS OR AS REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE. There are no refunds for unused parts of your subscription. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. However, if you are unable to receive all services for which you have contracted due to your death or disability, you and your estate may elect to receive a refund of that portion of payment you made for the Subscription Service allocable to the period after your death or disability. Disability means a condition which precludes you from physically using the services specified in the contract during the term of disability and the condition is verified in writing, which shall be presented to New Scientist, by a physician designated by you.
11.12 Without limiting any other remedies, we reserve the right to suspend or terminate your Subscription Service for any reason, with or without notice, and without further obligation. If we cancel your Subscription Service, we may give you a pro-rated refund based on the amount of time remaining on your term. However, we will not be obligated to grant you a refund if we terminate your Subscription Service because we determine, in our sole discretion, that your actions or your use of the products or services violate these Additional Terms, our Subscription Terms, our U.S. Terms of Use or any applicable law, or has harmed the service, product, or another user. If any or all of our Services are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion.
11.13 You may contact New Scientist as set forth in the U.S. Terms of Use.
C. U.S. Terms of Use
These U.S. Terms of Use (“Terms of Use”) apply to visitors and users of the Service in the United States. Please read these Terms carefully before using our Services. By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy and Cookies Policy.
These U.S. Terms of Use (“Terms of Use”) apply to visitors and users of the Service in the United States. Please read these Terms carefully before using our Services. By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy and Cookies Policy.
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. Further, these terms are legally binding, limit our liability to you and require you to indemnify us. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service.
1. ADDITIONAL TERMS
1.1. In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms of Use will control unless the Additional Terms expressly state otherwise.
1.2. The following sections of the General Terms are Additional Terms: 2. ACCESSING OUR WEBSITE AND COMMUNITY GUIDELINES.
2. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND MATERIALS
2.1. The Service and Materials, including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by us, our licensors, and certain other third parties. All right, title, and interest in and to the Materials and Intellectual Property available via the Service is the property of New Scientist, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. New Scientist owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Materials on the Service.
2.2. Your right to use the Service and Materials is subject to your strict compliance with these Terms of Use and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “New Scientist Licensed Elements”):
2.2.1. Display, view, use, and play the content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the content (excluding source and object code in raw form or otherwise) as it is displayed to you;
2.2.2. Stream the content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
2.2.3. Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
2.2.4. If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
2.2.5. Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, New Scientist does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be New Scientist and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of New Scientist; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
2.2.6. If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
2.2.7. Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any New Scientist names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with New Scientist or cause any other confusion, and (c) the links and the content on your website do not portray New Scientist or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violates any right of any third-party or are otherwise objectionable to New Scientist. New Scientist reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
2.2.8. Use any other functionality expressly provided by New Scientist on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post Submissions (as defined below)) and any applicable Additional Terms.
2.3. In using the Service, you must respect the Intellectual Property and rights of others and us. Your unauthorized use of Materials may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the Service, please contact us as set forth below.
2.4. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY NEW SCIENTIST AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Materials or the Service for any purpose is prohibited.
2.5. We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”). For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make third-party ads and other Third-Party Services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign in to our Services using Facebook Connect or other third-party tools, and to post content on Third-Party Services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-Party Services.
3. CONTENT YOU SUBMIT
3.1. You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Service, or by means other than the Service, including without limitation via our social media pages and accounts such as Facebook, Instagram, X, TikTok, and LinkedIn) (“Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our Privacy Policy or applicable Additional Terms. As permitted by applicable law, and subject to any explicit terms of our Privacy Policy or and applicable Additional Terms, you also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof. As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your Submissions. We expect Submissions to be appropriate for a general audience, but do not undertake to monitor them, and you consent to potentially encountering content you find offensive or inappropriate. We may include venue and content rules as Additional Terms. If you discover any content that violates these Terms of Use or any applicable Additional Terms, please contact us as outlined below.
4. CREATING AN ACCOUNT
4.1. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique and must not violate the rights of any person or entity, or be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
4.2. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is of the age of majority in their state or jurisdiction of residence. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
5. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
5.1. We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, New Scientist shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from New Scientist is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
6. ARBITRATION AND DISPUTE TERMS
6.1. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Materials, your Submissions, these Terms of Use, or any applicable Additional Terms, (collectively, “Dispute”) shall be in New York, New York. Each party submits to personal jurisdiction and venue in New York, New York for any and all purposes.
6.2. New Scientist and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that New Scientist need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or New Scientist – shall send a letter to the other side briefly summarizing the claim and the request for relief. If New Scientist is making a claim, the letter shall be sent, via email, to the email address listed in your New Scientist account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this section. If you are making a claim, the letter shall be sent to Northcliffe House 9 Derry Street, Kensington, London, England, W8 5HY (Attn: General Counsel), with a copy sent to contracts@dmgmedia.co.uk. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this section. Either you or New Scientist, however, may seek provisional remedies (such as preliminary injunctive relief, subject to below) before the expiration of this sixty (60)-day period.
6.3. Unless you give us notice of opt-out within fifteen (15) business days of your first use of the Service, addressed to: Northcliffe House 9 Derry Street, Kensington, London, England, W8 5HY, with a copy sent to contracts@dmgmedia.co.uk, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New York, New York, before a single arbitrator in accordance with the New York Civil Practice Law & Rules §§ 7501 et seq. If the matter in dispute is between New Scientist and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms of Use waiving or limiting that relief) in a court of competent jurisdiction in New York, New York or, if sought by New Scientist, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the New York County Supreme Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
6.4. Additional Procedures for Multiple Case Filings.
6.4.1. Multiple Case Filings. You and we agree that these “Additional Procedures for Multiple Case Filings” in this Section 6 shall also apply if you or we are subject to twenty-five (25) or more individual arbitration demands of a substantially similar nature with the assistance of the same law firm, group of law firms, or organizations (“Multiple Case Filing”). For the avoidance of doubt, this includes where you choose to participate in a Multiple Case Filing against us; for example, where your counsel asserts your Dispute against us in a Multiple Case Filing. Please be aware that if you do so, the resolution of your Dispute might be delayed and ultimately proceed in court. You and we agree that as part of these procedures, the parties’ counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the arbitrator’s resources. The limitations period(s) applicable to each arbitration demand within a Multiple Case Filing, including any applicable statutes of limitations and the requirement to file within one (1) year, shall remain tolled from the time a party makes a pre-arbitration demand to the time when that party files the arbitration demand with the arbitration provider.
6.4.2. STAGE ONE: If at least twenty-five (25) disputes are submitted as part of the Multiple Case Filing, you and we shall select sixteen (16) Disputes (eight (8) per side) to proceed as cases in individual arbitrations (“Bellwether Arbitrations”) as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 disputes, all shall proceed individually in Stage One). While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Multiple Case Filing may be processed, administered, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance. Following resolution of the Bellwether Arbitrations, the parties shall participate in a global mediation of all the remaining demands from the Multiple Case Filings, with a mediator jointly selected by counsel of the parties in an effort to resolve the remaining Disputes that are a part of the Multiple Case Filing.
6.4.3. STAGE TWO: If the remaining Disputes from the Multiple Case Filings have not been resolved at the conclusion of Stage One, you and we shall select fifty (50) Disputes (twenty-five (25) per side) to proceed as cases in individual arbitrations as Bellwether Arbitrations as part of Stage Two. The number of Disputes to be selected to proceed as part of Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes from the Multiple Case Filing with a retired mediator jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two). Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Multiple Case Filings provision and each of its requirements are essential parts of this arbitration clause. If, after exhaustion of all appeals, either an arbitrator or a court of competent jurisdiction decides that the Additional Procedures for Multiple Case Filings apply to your dispute and are not enforceable, then your dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.
6.4.4. Timing of Bellwether Arbitrations. The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration (in each respective stage, i.e., Stage One, Stage Two, and, if agreed, subsequent stages) within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Multiple Case Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.
6.5. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, MATERIALS, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY NEW SCIENTIST PARTY (DEFINED BELOW) (INCLUDING YOUR SUBMISSIONS) OR A LICENSOR OF ANY NEW SCIENTIST PARTY.
6.6. These Terms of Use and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against New Scientist or by New Scientist against you pursuant to this section, or otherwise related to the Service, Materials, New Scientist Licensed Elements, Submissions or other New Scientist products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and New Scientist agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement. Either party may seek enforcement of this section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
6.7. As permitted by applicable law, both you and New Scientist waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
6.8. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
6.9. Notwithstanding the foregoing, either of us may bring a qualifying claim or General Dispute (but not IP Disputes) in the small claims court, subject to this section.
6.10. The provisions of this Section shall supersede any inconsistent provisions of any prior agreement between the parties. This Section shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.
7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
7.1. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, New Scientist and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “New Scientist Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Materials, New Scientist Licensed Elements, UGC or other New Scientist products or services, except as set forth below.
7.2. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEW SCIENTIST PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
8. LIMITATIONS OF OUR LIABILITY
8.1. UNLESS PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY NEW SCIENTIST PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Materials, New Scientist Licensed Elements, Submissions or other New Scientist products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by New Scientist.
8.2. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if New Scientist Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
8.3. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEW SCIENTIST PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID NEW SCIENTIST IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
8.4. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY NEW SCIENTIST PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY NEW SCIENTIST PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) NEW SCIENTIST PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY NEW SCIENTIST PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST NEW SCIENTIST PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
9. UPDATES TO TERMS
9.1. It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service.
10. GENERAL PROVISIONS
10.1. As to any provision in these Terms or any applicable Additional Terms that grants us a right of consent or approval, or permits us to exercise a right in its “sole discretion,” New Scientist may exercise that right in its sole and absolute discretion. No New Scientist consent or approval may be deemed to have been granted by New Scientist without being in writing and signed by an officer of New Scientist.
10.2. When you use our Service, including signing up to receive email or text messages, you consent to receive electronic records from us and consent to us contacting you electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree or consent via the Service it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Service, other than to read the Terms of Use (or Additional Terms) and Privacy Policy, constitutes agreement to the Terms, and any applicable Additional Terms, then posted without further action by you. In order to withdraw your consent, update your contact information, or obtain paper copies of electronic records, you must contact us as outlined below, and stop using the Service. If you withdraw your consent, you will be removed from any email or text message program. If there is a cost to provide you with paper copies of electronic records, we will disclose that to you prior to sending you electronic records. Your consent to receive electronic records applies to your use of the Service, including any email or text message programs. Your Device must be able to review websites and electronic documents, receive email, or receive text messages to receive electronic records, depending on whether you are using the Service, or subscribing to email or text messages.
10.3. As permitted by applicable law, you agree to, and you hereby, defend (if requested by New Scientist), indemnify, and hold New Scientist Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any New Scientist Party, or on account of the investigation, defence, or settlement thereof, arising out of or in connection with: (i) your Submissions; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) New Scientist Parties’ use of the information that you submit to us (including your Submissions) subject to our Privacy Policy(all of the foregoing, “Claims and Losses”). You will cooperate as fully required by New Scientist Parties, in the defense of any Claims and Losses. Notwithstanding the foregoing, New Scientist Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. New Scientist Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a New Scientist Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
10.4. New Scientist makes no representation that the Service is appropriate or available for use beyond the United States. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
10.5. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
10.6. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Use or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
10.7. As permitted by applicable law, New Scientist reserves the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by New Scientist in accordance with its Privacy Policy (here) in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by New Scientist to comply with law enforcement requests or legal requirements in accordance with our Privacy Policy (here), (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to New Scientist under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from New Scientist, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to New Scientist in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
10.8. New Scientist may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of New Scientist.
10.9. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or New Scientist in exercising any rights, powers, or remedies under these Terms will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
11. CONTACT US
11.1. If you have a complaint about any of our Services or about something that appeared in New Scientist, please contact our Customer Care team. Please provide details of your complaint including copies of any correspondence or documents relating to your complaint. We will try to resolve any complaint with you quickly and efficiently in accordance with our Complaints Policy.