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2B0-019 ES Policy Enabled Networking

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2B0-019 exam Dumps Source : ES Policy Enabled Networking

Test Code : 2B0-019
Test cognomen : ES Policy Enabled Networking
Vendor cognomen : Enterasys
: 53 existent Questions

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Enterasys Enterasys ES Policy Enabled

Enterasys offers current NetSight network administration application Suite | killexams.com existent Questions and Pass4sure dumps

supply: Enterasys Networks

September 17, 2007 08:00 ET

unlock 3.0 includes current coverage control Console and NAC supervisor

ANDOVER, MA--(Marketwire - September 17, 2007) - Enterasys Networks Inc., the comfy Networks business™, introduced nowadays the international availability of NetSight® three.0, the latest version of its management application suite for centralized visibility and manage of heterogeneous enterprise networks.

This considerable current free up of the NetSight suite significantly enhances the client/server structure, adds numerous ease-of-use elements, and scales to robust the wants of the smallest to the largest business networks. NetSight spans the performance cavity between basic factor supervisor functions and complicated enterprise management systems. Centralized visibility and ply is provided for security-enabled network infrastructure accessories, advanced security appliances, and cozy Networks™ policy solutions. NetSight permits groups to control their community as a cohesive total, instead of as a disparate set of individual contraptions.

"We matter on NetSight to give the visibility and manage mandatory to control their enormous, allotted campus community of greater than 17,000 users in 120 diverse places," stated Fritz Buetikofer, senior IT manager for the institution of Bern in Switzerland. "free up three.0 builds on the excellent efficiency they depend on and makes it even more convenient to set up, control and update. This allows for us to maneuver their community with a little team of workers and nonetheless deliver cozy connectivity to school, college students and team of workers."

New administration applications attainable with NetSight three.0 encompass policy manage Console and NetSight community access manage supervisor.

"coverage based entry ply and person particular audit capacity are increasingly vital add-ons of community and systems administration," stated Andrew Braunberg, research Director for enterprise protection and software at latest analysis. "brand current options should ply the essential necessity of presenting finished community visibility and a simplified, yet excellent grained, routine to controlling entry to community materials."

policy ply Console

This potent, effortless-to-use community coverage device allows for authorized non-technical people to enable/disable community utilization policies to tackle on-demand needs in convention rooms, lecture rooms and different shared exhaust places. An intuitive internet interface offers direct manage over who can entry which community purposes and substances inside an outlined enviornment for a specified time duration. here is notably efficient in training environments where an instructor may necessity to hamper entry to inevitable networked functions prerogative through classification.

probably the most first purchasers to installation coverage ply Console is Bentley school in Waltham, Mass. "Bentley essential an retort to give professors the capacity to manage the communications environment of their school rooms, with out compromising campus-huge security or burdening the IT crew with additional tasks," referred to Todd Marsh, considerable community engineer for Bentley school. "Enterasys NetSight coverage ply Console is a fine robust for us since it gives a simple interface that makes it practicable for approved teaching staff to dynamically obstruct web, instant messaging (IM) and peer-to-peer site visitors, with out compromising IT manage of the network."

with the aid of facilitating the character tuning of community and protection guidelines on-the-fly, NetSight coverage control Console permits the IT personnel to focus of attention on higher precedence projects with fewer administrative interruptions.

NetSight network access manage supervisor

The latest edition of NetSight NAC supervisor provides several essential network entry manage enhancements.

A key requirement for many companies is to grasp which network workstations are linked to specific users. The superior IP-to-identification mapping facets in NetSight NAC supervisor three.0 allow this capability. if your solid does not fondness an latest listing of users for authentication applications (or you desire visitors/company to register previous to being granted connectivity) Enterasys NAC 3.0 offers aid for Media access control (MAC) address registration. This deployment preference requires any current conclusion-system connecting on the network to deliver the consumer's identity in a web web page configuration earlier than being allowed entry to the network -- with out requiring the intervention of community operations personnel. The consequence is that end-users and/or guests are instantly provisioned for network entry on-demand devoid of time-ingesting and expensive community infrastructure reconfigurations. furthermore, IT operations profitable properties visibility into the conclusion-programs and their linked clients (e.g. visitors, college students, contractors, and employees) on the community without requiring the deployment of lower back-end authentication and directory functions to maneuver these clients. This binding between person identity and desktop is crucial for auditing, compliance, accounting, and forensics purposes.

Assisted remediation permits clients to office a self-serve, homemade brief-fix if their computing device is never operating the latest anti-virus signatures, working system patches, utility updates, or is in any other case violating security policy. Assisted remediation informs conclusion-clients when their techniques had been quarantined as a result of a network safety coverage violation; and permits them to securely remediate their non-compliant end-programs without intervention from IT operations. directors fondness complete manage over the content on the self-help net page and may embed hyperlinks to replace areas, configuration guidelines, or automated patch-management tools. once the remediation steps had been efficiently carried out and the end-gadget is compliant with community safety policy, the acceptable network substances are allocated to the end-consumer.

Simplified NetSight Updates

The enhancements of NetSight 3.0 enormously enhance the productivity of community directors by simplifying NetSight software installation, streamlining the ameliorate system, and refining the NetSight customer consumer event. Leveraging computerized customer upgrade capabilities, network operations can ensure geographically allotted administrators and operators fondness the newest edition of every licensed NetSight utility. NetSight server setting up and administration fondness too been streamlined. the brand current structure allows extra regularly occurring birth of latest software enhancements.

NetSight three.0 supports Microsoft home windows XP SP2, Microsoft home windows Server 2003, Microsoft home windows Vista (32-bit types), RedHat Linux WS and ES (types 3 and 4), and Novell SuSe Linux types 9 and 10.

To agenda an indication of NetSight three.0, together with coverage control Console and NAC supervisor, gratify consult with www.enterasys.com/demo.

About Enterasys Networks

Enterasys Networks -- the cozy Networks company -- is owned by a non-public investor group led by using The Gores group, LLC and Tennenbaum Capital partners, LLC. Enterasys' enjoyable cozy Networks solutions cozy any community to breathe confident the confidentiality, integrity, availability and performance of IT functions and the enterprise users that depend on them. heaps of main companies, government businesses and academic institutions in additional than 70 nations depend on secure Networks solutions to hold business continuity and present protection to essential advice. The enterprise's tradition is based on the precept "there is nothing extra vital than their customers." delivering on that commitment, relaxed Networks gives granular, policy-primarily based command and manage of particular person person, software, machine, port and circulation efficiency, and security. Enterasys' architectural approach to community safety presents an extended know-how lifecycle and faultfinding operational and company merits, whereas reducing total cost of possession. assistance about Enterasys' award-profitable coverage-enabled switches, routers, instant products, protection application, and services is available at www.enterasys.com.

concerning the Gores community

centered in 1987, The Gores community is a non-public equity enterprise focused on buying controlling pursuits in ripen and turning out to breathe corporations that could capitalize from the enterprise's working event and all-around capital base. The solid combines the operational capabilities and specific due diligence capabilities of a strategic buyer with the seasoned M&A group of a measure pecuniary buyer. The Gores neighborhood has develop into a number one investor, essentially in the technology and telecommunications sectors, having verified over time a legitimate music list of growing tremendous cost in its portfolio groups alongside management. Headquartered in la, California, The Gores group keeps offices in Boulder, Colorado and London. For greater tips, gratify hunt counsel from www.gores.com.

About Tennenbaum Capital companions, LLC

Tennenbaum Capital companions is a Santa Monica, California-based mostly private funding company managing over $three.8 billion in property via private dollars. The company's funding strategy is grounded in a long-time period, value method, and it assists -- both financially and operationally -- transitional middle-market companies in such industries as expertise, healthcare, power, aerospace, company features, retail and chummy manufacturing. Tennenbaum's core strengths consist of its in-depth abilities of fairness and debt-financing vehicles within the public and private markets, in addition to a thorough figuring out of special situations. For extra suggestions, gratify talk over with www.tennenbaumcapital.com.


Enterasys Launches SecureStack C3 | killexams.com existent Questions and Pass4sure dumps

September 15, 2008

with the aid of SIP Trunking record Contributing Editor

Enterasys Networks has launched its SecureStack C3 answer, designed to present competitively priced IPv6 aid and 10-Gigabit Ethernet (10GbE) access at the network aspect.

 

Enterasys designs, deploys, helps and services built-in hardware and application options that intelligently sense and instantly respond to protection threats and proactively avoid threats from coming into network.

 

The SecureStack collection comprises safety-enabled switches, routers and instant product that the business pointed out will instantly protect the confidentiality, integrity and availability of IT features devoid of sacrificing performance.

 

The SecureStack C-series stackable change family grants Layer 2 switching and Layer three routing with embedded protection assist for 802.1x, net and MAC authentication, RFC 3580 VLAN quarantine, and aid for cozy Networks coverage.

 

"the current 10 Gigabit choices from Enterasys evidently parade the growth of the 10 Gigabit Ethernet market and Enterasys's dedication to that market," mentioned Steven Schuchart, Jr., primary analyst at latest evaluation.

 

The SecureStack C3 items complement the Enterasys Dragon Multi-Gigabit Intrusion Detection and Prevention appliances and the lately announced dispensed Intrusion Prevention solution. With the Enterasys Dragon and NetSight application, the product gives you open-architecture network entry manage (NAC) and allows firms to augur and forestall threats and vulnerabilities.

 

the current Enterasys SecureStack C3 gives inordinate port density in a solitary rack unit footprint and is environmentally friendly by means of design. The C3 stackable change helps a optimum of 384 triple-velocity copper ports with vitality over Ethernet (PoE), 192 Gigabit SFP fiber ports, and 16 XFP 10GbE connections. IPv4, IPv6 and IP Multicast routing is supported together with digital router redundancy protocol (VRRP) and equal charge multi-route (ECMP) topology protocol.

 

moreover, wire-velocity efficiency of 571.2 million packets per second throughput and 1.fifty four terabits per 2nd of bandwidth is maintained even when superior L2/L3/L4 rate limiting, packet filtering or protection quarantine facets are enabled.

 

Eight hardware-based mostly QoS priority queues are available per port with aid for sixteen,000 Layer 2 MAC addresses and 1024 VLANs. SNMPv3 offers relaxed community administration capabilities.

 

Enterasys NetSight administration software doesn't demand any usher reconfiguration each time. once the policies are described, Enterasys continues up with complete of the mobility, growth and change immediately. The community entry ply (NAC) privileges for an authenticated user or gadget are enforced, inspite of wired or instant connectivity, says the company.

 

The Enterasys SecureStack C3 is obtainable for a charge starting at $one hundred forty five per port US list fee. A no-trouble limited lifetime assurance featuring ameliorate substitute and no-cost firmware enhancements is too blanketed at no additional charge.

 

The C3 stackable switches can breathe organize from authorized Enterasys distributors and value-delivered resellers globally.

 

Enterasys is owned through a personal investor community led by passage of The Gores group, LLC, a private equity enterprise and Tennenbaum Capital partners, LLC, a California-primarily based private investment enterprise.

 

internet TELEPHONY convention & EXPO — the greatest and most comprehensive IP communications undergo of the year — is occurring this week (September 16-18, 2008) in la, California! The demonstrate points three constructive days of displays, conferences, and networking opportunities that you can’t afford to leave out. build confident to try TMCnet.com and blogs from wealthy Tehrani, Greg Galitzine, and Tom Keating for information highlights from the exhibit. note you there! Jai C.S. is a contributing editor for TMCnet. To study more of Jai's articles, gratify consult with his columnist page.

Edited by Mae Kowalke


cell facet gadgets supply far flung access to commercial enterprise networks. | killexams.com existent Questions and Pass4sure dumps

OneFabric region administration application: Enterasys OneFabric ply core management software is a complete set of unified wired/wireless administration and security capabilities.

Enterasys OneFabric edge Starter Bundles are available as Part of a comprehensive set of initiatives currently added for the channel software, a set of tools and working towards designed to uphold partners present its current OneFabric structure. Enterasys OneFabric provides resellers an occasion to expand their retort set by means of providing wonderful, differentiated networking and security solutions, adding crucial hardware and administration capabilities. Enterasys channel companions can breathe confident the success of wired and wireless deployments at the network Part for shoppers whereas increasing their enterprise.

Enterasys OneFabric Part Starter Bundles are available now through licensed channel partners beginning at $23,000 and are backed through the Enterasys lifetime assurance.

additional supporting Channel ally charges

"we're excited to associate with Enterasys to carry OneFabric Part to their channel of over 60,000 resellers. OneFabric aspect and the current starter bundles from Enterasys allow their channel partners to easily and quite simply supply comprehensive side solutions that remedy the most pressing concerns facing their shoppers, in fact offering charge by ensuring the gold measure person undergo practicable from any cell gadget."

-- Chuck Bartlett, vice president and generic supervisor, superior Infrastructure solutions, Tech records

"Enterasys is the best seller to present an effortless totally built-in wired and wireless edge bundle that provides unified management policy of wired and wireless access to fulfill ultra-modern IT challenges. These starter configurations consist of a complete solution to robust the dimension of a company's deployment nowadays and are designed to scale as the community grows. Combining the Enterasys OneFabric region solution with their carrier capabilities, they will bring a seamless network undergo no bethink if a customer is linked by passage of wired or instant connection."

-- Cyrus Silvester, Account supervisor, Blue Spruce technologies

"The Enterasys OneFabric region structure speaks directly to the wants of retort suppliers trying to remedy probably the most pressing mobility challenges dealing with consumers these days. With the explosive augment of cell devices connecting to the community in training and healthcare the Place they focal point, Enterasys makes it practicable for granular ply of policy at the area, in spite of what category of equipment or connection the user has. OneFabric Part seamlessly integrates into latest IT environments to supply a unified retort that manages wired and instant instruments from a solitary platform to ply policy and first-class of provider to deliver a constant, predictable end-person event. This resonates very smartly with their customers."

-- Dean A. Rynkowski, President, integrated equipment experts

"valued clientele are traumatic essential and yet mission essential options for commercial enterprise mobility. With Enterasys OneFabric aspect solutions we're capable of present top-rated in classification solutions and enable their customers to deliver a predictable conclusion-user experience."

-- Shawn Brown, Regional sales manager, at ease links

"Enterasys has been a fine accomplice for us in supplying a complete and built-in wired and wireless portfolio through OneFabric region that goes past factor products to really bring cost for the customer. With Enterasys, i'm able to comfortably limpid up essentially the most urgent concerns facing their valued clientele to breathe inevitable they fondness the most efficient consumer adventure viable from any cellular gadget."

-- Chip Thompson, established manager, LevelOne know-how

linked Thomas trade replace Thomas For Industry

2B0-019 ES Policy Enabled Networking

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Test Code : 2B0-019
Test cognomen : ES Policy Enabled Networking
Vendor cognomen : Enterasys
: 53 existent Questions

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Amazon Customers fondness a random to Win All-New Alexa-Enabled 2019 Lexus ES This Prime Day | killexams.com existent questions and Pass4sure dumps

Amazon Offers current frill Sedan as First Prize through July 15 

July 03, 2018

PLANO, Texas (July 3, 2018) — Amazon customers will fondness the occasion to win an all-new Alexa-enabled 2019 Lexus ES as Part of the Alexa Home-Smart-Home Sweepstakes to celebrate Prime Day. Starting today, participants can enter to win by logging into their Amazon.com account and watching a Lexus video from start to finish at www.amazon.com/HomeSmartHome or by asking Alexa questions about Prime Day, among dozens of other entry methods. Entries will breathe accepted until July 15, 2018 at 11:59:59 p.m. PDT. Set to redefine its status among entry-level executive sedans, the all-new 2019 Lexus ES builds on its strengths with a more dynamic exterior design, the introduction of the first ES F SPORT and connected technology features that will complement the most connected of smart homes. “The winnings of the Amazon Prime Day Alexa Home-Smart-Home Sweepstakes are the existent deal. The Lexus ES is one of the first vehicles to present Amazon Alexa functionality and is the consummate frill vehicle to complement the smart home lifestyle,” said Cooper Ericksen, Lexus vice president of marketing. “We’re excited to collaborate with such an bizarre sweepstakes that gives Amazon customers a random to win the prize of a lifetime.” Staying connected has never been so considerable – which is why the current ES is Alexa-enabled. It gives drivers with Android phones (iPhone compatibility scheduled for late 2018) the competence to exhaust natural language commands to control a variety of functions. That functionality includes car-to-home and home-to-car commands, so owners with Alexa-enabled devices in their home can interact with their ES before they ever collect behind the wheel. In addition to the Alexa-enabled 2019 Lexus ES, the majestic prize winner will too receive $50,000, a fully decked out Alexa smart home, and a trip to Seattle where Amazon is headquartered. Other cold technology features on the current Lexus ES include:
  • Standard on board Wi-Fi powered by Verizon
  • Lexus Enform Remote service that allows you to lock and unlock doors, start the engine and climate control, check the fuel smooth and more complete through your smartphone, smartwatch or Amazon Alexa–enabled devices. And it’s complimentary for the first year of ownership.
  • Lexus 10-speaker Premium Sound System
  • Lexus Multimedia System with 8.0 inch color multimedia parade and Scout GPS Link with MapStream and TurnStream (Complimentary for the first 3 years of ownership)
  • Apple Car Play (Standard on complete ES models in plunge 2018)
  • Available Navigation System with 12.3-in color multimedia display, Lexus Enform Dynamic Navigation (Complimentary for the first three years of ownership), Dynamic Voice Command and Lexus Enform Destination Assist (Complimentary for the first year of ownership)
  • Available token Levinson 17 Speaker, 1,500 Watt PurePlay Premium ring Sound Audio System
  • Available 10.2-in Head-Up Display
  • Lexus Safety System+ 2.0 featuring Pre-Collision System with Low-Light Pedestrian and daytime cyclist Detection, tall quicken Dynamic Radar Cruise Control, Lane Tracing Assist, Road token Assist and smart high-beam headlamps
  • Lexus Enform Safety Connect for the first 10 years of ownership with access to Lexus Enform response centers 24/7/365.
  • Lexus Enform Service Connect — too complimentary for the first 10 years of ownership — that allows the ES to route alerts for specific factory recommended maintenance, simultaneously alerting a preferred Lexus retailer if opted in.   
  • Visit www.amazon.com/HomeSmartHome to learn more about rules, eligibility, and complete the ways you can enter the Amazon Prime Day Alexa Home-Smart-Home Sweepstakes. Entering is as simple as watching a quick Lexus video, asking Alexa questions about Prime Day, or downloading the free Amazon App on your phone. Customers can enter now through July 15, 2018 at 11:59:59 p.m. PT. 

    About LexusLexus' fervor for valiant design, imaginative technology, and exhilarating performance enables the frill lifestyle brand to create bizarre experiences for its customers. Lexus began its journey in 1989 with two frill sedans and a commitment to pursue perfection. Since then, Lexus has developed its lineup to meet the needs of global frill customers in more than 90 countries. In the United States, Lexus vehicles are sold through 240 dealers offering a complete lineup of frill vehicles. With six models incorporating Lexus Hybrid Drive, Lexus is the frill hybrid leader. Lexus too offers six F SPORT models and two F performance models. Lexus is committed to being a visionary brand that anticipates the future for frill customers.

    Media Contacts Nicky Hamila                                                                          (469) 292-3596                                                                nicky.hamila@lexus.com

    < back


    Pandora Media Inc.: Pandora Reports Q3 2018 pecuniary Results | killexams.com existent questions and Pass4sure dumps

    Year-Over-Year Revenue Growth Accelerates, unseemly Margins Expand in Q3
  • Q3 Revenue was $417.6 million, growing 16% year-over-year, excluding Australia and current Zealand & Ticketfly
  • Q3 Subscription revenue was $125.8 million, growing 49% year-over-year
  • Q3 Advertising revenue of $291.9 million, improved year-over-year growth
  • Ad RPM hit an all-time tall of $77.83, growing 11% year-over-year
  • Added 784,000 subscribers, reaching approximately 6.8 million total subscribers
  • Non-GAAP unseemly margins increased 500 basis points sequentially
  • Partnership with SoundCloud will augment Pandora's U.S. ad audience gain to over 100 million users
  • Announced acquisition by SiriusXM, creating the world's largest audio entertainment company
  • OAKLAND, Calif.--(BUSINESS WIRE)-- Pandora (NYSE: P) today announced pecuniary results for the third quarter ended September 30, 2018. 'I'm proud of the progress we've made over the past year to reinvigorate Pandora,' said Roger Lynch, CEO. 'A year ago, they committed to drive listener rendezvous through product innovation, expand their content, and augment distribution partnerships. They too prioritized making their ad tech capabilities a strategic advantage. And they executed. They launched current products fondness Premium Access, delivering on-demand functionality and improved listener rendezvous in their ad-supported tier; forged partnerships with leading brands such as T-Mobile, AT&T, Comcast, and Snap; and solidified their global leadership in digital audio advertising with the acquisition of AdsWizz and the launch of their programmatic audio marketplace.' Continued Lynch, 'Looking ahead, I couldn't breathe more excited about Pandora joining forces with SiriusXM. A combined Pandora-SiriusXM will create the world's largest audio entertainment company, bringing Pandora additional resources to accelerate growth and structure on SiriusXM's leadership in the car, subscription expertise, and unique content.' Added CFO Naveen Chopra, 'Our Q3 pecuniary results, which exceeded both revenue and adjusted EBITDA guidance, showed meaningful improvement. Revenue growth accelerated, thanks to better monetization and a fast-growing subscription business; unseemly margins are expanding as evidenced by a 500 basis point sequential improvement in Q3; and we're operating more efficiently: they recorded a 300 basis point reduction in operating expenses (excluding marketing and subscription commissions) as a percentage of revenue. complete of this puts us on track to significantly ameliorate cash flow and adjusted EBITDA next year and beyond.' Third Quarter 2018 pecuniary Results & Highlights SiriusXM Transaction: Pandora announced a definitive agreement under which SiriusXM will acquire Pandora in an all-stock transaction valued at approximately $3.5 billion at announcement. The combination creates the world's largest audio entertainment company with more than $7.0 billion in expected pro-forma revenue in 2018. Additionally, the transaction will capitalize the long-term growth potential of both companies: by bolstering Pandora's position in the car, through co-marketing opportunities, leveraging SiriusXM's exclusive content in Pandora's non-music content offerings, including the Podcasting Genome, offering high-value bundled products, and improving SiriusXM's position in the home. Strategic Partnerships: Pandora continues to nearby strategic partnerships, announcing that SoundCloud will exhaust Pandora as its exclusive U.S. advertising and sales representation. This partnership will augment Pandora's advertising gain to over 100 million listeners in the U.S. and highlights the competence of Pandora's sales organization and technology to abet publishers better monetize their audiences. beginning in 2019, the agreement will enable advertisers and brands to purchase SoundCloud's U.S. ad inventory directly through Pandora, leveraging Pandora's direct sales capabilities, targeting data, and recently-launched audio programmatic product. In addition, SoundCloud entered into an agreement to exhaust AdsWizz's programmatic platform globally. Revenue Growth: For the third quarter of 2018, total consolidated revenue was $417.6 million, an approximate 16% year-over-year augment compared to the year-ago quarter (excluding Australia, current Zealand and Ticketfly; and including AdsWizz, which was acquired in May 2018). This included $291.9 million in advertising revenue and $125.8 million in subscription revenue. Ad revenue grew approximately 6% year-over-year, the first instance of year-over-year growth since Q3 2017. This was driven by record monetization from tall sell-through, the launch of current innovative ad formats and a continued blend shift toward higher CPM advertising products, as well as the inclusion of AdsWizz. Advertising revenue too grew organically year-over-year, excluding the contribution from Adswizz. Subscription revenue grew 49% year-over-year, driven by approximately 1.6 million net current subscribers and higher ARPU due to the growth of Pandora Premium. unseemly Profit and Margins Increase: For the third quarter, total consolidated non-GAAP unseemly profit was $160.2 million (excluding Australia, current Zealand and Ticketfly). This compared to $131.7 million in the year-ago quarter. Non-GAAP unseemly profit margin increased by 500 basis points sequentially to 38% in the third quarter, driven by stout advertising revenue and progress with label renewals. GAAP unseemly profit was $156.1 million compared to $135.9 million in the year-ago quarter. GAAP Net Loss and Adjusted EBITDA: For the third quarter of 2018, GAAP net loss was $63.7 million or $0.27 per share. This compared to a net loss of $66.2 million or $0.34 per participate in the very quarter terminal year. Their non-GAAP net loss was $15.5 million, or $0.06 per share. This compared to $15.9 million net loss or $0.06 in the year-ago quarter. Adjusted EBITDA was a loss of $3.9 million, compared to a loss of $5.3 million in the very quarter terminal year. This quarter included a significant augment in year-over-year marketing spend. Non-GAAP operating expenses (excluding app store commissions and marketing spend) as percentage of revenue decreased by 300 basis points year-over-year. Cash and Investments: For the third quarter of 2018, the Company ended with $387.6 million in cash and investments, compared to $420.8 million at the quit of the prior quarter. Audience: active users were 68.8 million at the quit of the third quarter of 2018, and total listener hours were 4.81 billion for the third quarter of 2018. Pandora Plus and Pandora Premium subscribers were approximately 6.8 million at the quit of the third quarter of 2018, and their Premium Access offering continues to flaunt momentum, as over 32 million listeners fondness used Premium Access since its launch to date. ABOUT PANDORA Pandora is the world's most powerful music discovery platform-a Place where artists find their fans and listeners find music they love. They are driven by a solitary purpose: unleashing the sempiternal power of music by connecting artists and fans, whether through earbuds, car speakers, or anywhere fans want to undergo it. Their team of highly trained musicologists anatomize hundreds of attributes for each recording which powers their proprietary Music Genome Project®, delivering billions of hours of personalized music tailored to the tastes of each music listener, complete of discovery, making artist/fan connections at unprecedented scale. Founded by musicians, Pandora empowers artists with valuable data and tools to abet grow their careers and connect with their fans. www.pandora.com | @pandoramusic | www.pandoraforbrands.com | @PandoraBrands | amp.pandora.com considerable ADDITIONAL INFORMATION AND WHERE TO FIND IT This communication is being made in respect of the proposed merger transaction involving Sirius XM Holdings Inc. ('Sirius') and Pandora Media, Inc. ('Pandora'). Sirius has filed a registration statement on configuration S-4 with the SEC, which includes a proxy statement of Pandora and a prospectus of Sirius and each party will file other documents regarding the proposed transaction with the SEC. Any definitive proxy statement(s)/prospectus(es) will too breathe sent to the stockholders of Pandora seeking any required stockholder approval. This communication does not constitute an present to sell or the solicitation of an present to buy any securities or a solicitation of any vote or approval. Before making any voting or investment decision, investors and stockholders of Pandora are urged to carefully read the entire registration statement that has been filed with the SEC and the definitive proxy statement/prospectus, when they become available, and any other germane documents filed with the SEC, as well as any amendments or supplements to these documents, because they will contain considerable information about the proposed transaction. The documents filed by Sirius and Pandora with the SEC may breathe obtained free of charge at the SEC's website at www.sec.gov. In addition, the documents filed by Sirius may breathe obtained free of charge from Sirius at www.siriusxm.com, and the documents filed by Pandora may breathe obtained free of charge from Pandora at investor.pandora.com. Alternatively, these documents, when available, can breathe obtained free of charge from Sirius upon written request to Sirius,1290 Avenue of the Americas, 11th Floor, current York, current York 10104, Attn: Investor Relations, or by calling (212) 584-5100, or from Pandora upon written request to Pandora, 2100 Franklin Street, Suite 700, Oakland, California 94612 Attn: Investor Relations or by calling (510) 451-4100. Sirius and Pandora and inevitable of their respective directors and executive officers may breathe deemed to breathe participants in the solicitation of proxies from the stockholders of Pandora in favor of the approval of the merger. Information regarding Sirius' directors and executive officers is contained in Sirius' Annual Report on configuration 10-K for the year ended December 31, 2017, its Quarterly Reports on configuration 10-Q for the quarterly periods ended March 31, 2018 and June 30, 2018, its Proxy Statement on Schedule 14A, dated April 23, 2018, and its Registration Statement on S-4, dated October 31, 2018, which are filed with the SEC. Information regarding Pandora's directors and executive officers is contained in Pandora's Annual Report on configuration 10-K for the year ended December 31, 2017, its Quarterly Reports on configuration 10-Q for the quarterly periods ended March 31, 2018 and June 30, 2018 and its Proxy Statement on Schedule 14A, dated April 10, 2018, which are filed with the SEC. Additional information regarding the interests of those participants and other persons who may breathe deemed participants in the transaction may breathe obtained by reading the registration statement(s) and the proxy statement(s)/prospectus(es) when they become available. Free copies of these documents may breathe obtained as described in the preceding paragraph. FORWARD-LOOKING STATEMENTS This communication contains 'forward-looking statements' within the sense of the Private Securities Litigation Reform Act of 1995. Such statements include, but are not limited to, statements about expected revenue and adjusted EBITDA, the benefits to Pandora from the acquisition of AdsWizz, future pecuniary and operating results, their plans, objectives, expectations and intentions with respect to future operations, products and services; and other statements identified by words such as 'will likely result,' 'are expected to,' 'will continue,' 'is anticipated,' 'estimated,' 'believe,' 'intend,' 'plan,' 'projection,' 'outlook' or words of similar meaning. Such forward-looking statements are based upon the current beliefs and expectations of their management and are inherently topic to significant business, economic and competitive uncertainties and contingencies, many of which are difficult to foretell and generally beyond their control. Actual results and the timing of events may vary materially from the results anticipated in these forward-looking statements. In addition to factors previously disclosed in Sirius' and Pandora's reports filed with the SEC and those identified elsewhere in this communication, the following factors, among others, could antecedent actual results and the timing of events to vary materially from the anticipated results or other expectations expressed in the forward-looking statements: their operation in an emerging market and their relatively current and evolving business model; their competence to appraise revenue reserves; their competence to augment their listener foundation and listener hours; their competence to attract and retain advertisers; their competence to generate additional revenue on a cost-effective basis; their competence to continue operating under existing laws and licensing regimes; their competence to enter into and maintain commercially viable direct licenses with record labels for the prerogative to reproduce and publicly accomplish sound recordings on their service; their competence to establish and maintain relationships with makers of mobile devices, consumer electronic products and automobiles; their competence to manage their growth and geographic expansion; their competence to continue to innovate and hold pace with changes in technology and their competitors; their competence to expand their operations to delivery of non-music content; competence to meet the closing conditions to the merger, including the approval of Pandora's stockholders on the expected terms and schedule and the risk that regulatory approvals required for the merger are not obtained or are obtained topic to conditions that are not anticipated; delay in closing the merger; failure to realize the expected benefits from the proposed transaction; risks related to disruption of management time from ongoing business operations due to the proposed transaction; Sirius' or Pandora's substantial competition, which is likely to augment over time; Sirius' or Pandora's competence to retain subscribers or augment the number of subscribers is uncertain; Sirius' or Pandora's competence to profitably attract and retain subscribers; failing to protect the security of the personal information about Sirius' or Pandora's customers; interference to Sirius' or Pandora's service from wireless operations; Sirius and Pandora engage in substantial marketing efforts and the continued effectiveness of those efforts are an considerable Part of Sirius' and Pandora's business; consumer protection laws and their enforcement; Sirius' or Pandora's failure to realize benefits of acquisitions or other strategic initiatives; unfavorable outcomes of pending or future litigation; the market for music rights, which is changing and topic to uncertainties; Sirius' dependence upon the auto industry; universal economic conditions; existing or future government laws and regulations could harm Sirius' or Pandora's business; failure of Sirius' satellites would significantly damage its business; the interruption or failure of Sirius' or Pandora's information technology and communications systems; rapid technological and industry changes; failure of third parties to perform; Sirius' failure to comply with FCC requirements; modifications to Sirius' or Pandora's business plan; Sirius' or Pandora's indebtedness; Sirius' studios, terrestrial repeater networks, satellite uplink facilities or Sirius' or Pandora's other ground facilities could breathe damaged by natural catastrophes or terrorist activities; Sirius' principal stockholder has significant influence over its affairs and over actions requiring stockholder approval and its interests may vary from interests of other holders of Sirius' common stock; Sirius is a 'controlled company' within the sense of the NASDAQ listing rules; impairment of Sirius' or Pandora's business by third-party intellectual property rights; changes to Sirius' dividend policies which could occur at any time; and risks related to the inability to realize cost savings or revenues or to implement integration plans and other consequences associated with mergers, acquisitions and divestitures. The information set forth herein speaks only as of the date hereof, and Sirius and Pandora disclaim any goal or duty to update any forward looking statements as a result of developments occurring after the date of this communication. Further information on these factors and other risks that may handle the business are included in filings with the Securities and Exchange Commission (SEC) from time to time, including under the heading 'Risk Factors' in their most recent reports on configuration 10-K and configuration 10-Q. The pecuniary information contained in this press release should breathe read in conjunction with the consolidated pecuniary statements and notes thereto included in their most recent reports on configuration 10-K and configuration 10-Q, each as they may breathe amended from time to time. Their results of operations for the current period are not necessarily indicative of their operating results for any future periods. Non-GAAP pecuniary Measures: To supplement their condensed consolidated pecuniary statements, which are prepared and presented in accordance with accounting principles generally accepted in the United States ('GAAP'), the Company uses the following non-GAAP measures of pecuniary performance: non-GAAP unseemly profit, non-GAAP net loss, non-GAAP basic and diluted net loss per common share, adjusted EBITDA, non-GAAP product development, non-GAAP sales and marketing and non-GAAP universal and administrative. The presentation of this additional pecuniary information is not intended to breathe considered in isolation from, as a substitute for, or superior to, the pecuniary information prepared and presented in accordance with GAAP. These non-GAAP measures fondness limitations in that they Do not reflect complete of the amounts associated with their results of operations as determined in accordance with GAAP. In addition, these non-GAAP pecuniary measures may breathe different from the non-GAAP pecuniary measures used by other companies. These non-GAAP measures should only breathe used to evaluate their results of operations in conjunction with the corresponding GAAP measures. Management compensates for these limitations by reconciling these non-GAAP pecuniary measures to the most comparable GAAP pecuniary measures within their earnings releases. Non-GAAP unseemly profit, non-GAAP net loss, non-GAAP basic and diluted net loss per common share, non-GAAP product development, non-GAAP sales and marketing and non-GAAP universal and administrative vary from GAAP in that they exclude stock-based compensation expense, intangible amortization expense, amortization of non-recoupable ticketing compress advances, expense associated with the restructurings, transaction costs, loss on dispositions and loss on extinguishment of convertible debt. The income tax effects of non-GAAP pre-tax loss fondness been reflected in non-GAAP net loss and non-GAAP basic and diluted net loss per common share. Adjusted EBITDA: Adjusted EBITDA excludes stock-based compensation expense, provision for income taxes, depreciation and intangible amortization expense, amortization of non-recoupable ticketing compress advances, other expense, expense associated with the restructurings, transaction costs and loss on dispositions. Stock-based Compensation Expense: consists of expenses for stock options, restricted stock units and other awards under their equity incentive plans. Stock-based compensation is included in the following cost and expense line items of their GAAP presentation: cost of revenue-other, cost of revenue-ticketing service, product development, sales and marketing and universal and administrative. Although stock-based compensation is an expense for the Company and is viewed as a configuration of compensation, management excludes stock-based compensation from their non-GAAP measures and adjusted EBITDA results for purposes of evaluating their continuing operating performance primarily because it is a non-cash expense not believed by management to breathe reflective of their core business, ongoing operating results or future outlook. In addition, the value of stock-based instruments is determined using formulas that incorporate variables, such as market volatility, that are beyond their control. Provision for Income Taxes: consists of expense recognized related to U.S. and quaint income taxes. The Company considers its adjusted EBITDA results without these charges when evaluating its ongoing performance because it is not believed by management to breathe reflective of their core business, ongoing operating results or future outlook. Depreciation and Intangible Amortization Expense: consists of non-cash charges that can breathe affected by the timing and magnitude of business combinations and asset purchases. Depreciation and intangible amortization expense is included in the following cost and expense line items of their GAAP presentation: cost of revenue-other, cost of revenue-ticketing service, product development, sales and marketing and universal and administrative. Depreciation and intangible amortization expense too consists of non-cash amortization of non-recoupable amounts paid in promote to the Company's clients pursuant to ticketing agreements. Amortization of non-recoupable ticketing compress advances is included in the sales and marketing line of their GAAP presentation. Management considers its operating results without intangible amortization expense and amortization of non-recoupable ticketing compress advances when evaluating its ongoing non-GAAP performance and without depreciation, intangible amortization expense and amortization of non-recoupable ticketing compress advances when evaluating its ongoing adjusted EBITDA performance because these charges are non-cash expenses that can breathe affected by the timing and magnitude of business combinations, asset purchases and current client agreements and may not breathe reflective of their core business, ongoing operating results or future outlook. Other Expense: consists primarily of interest expense related to their Convertible Senior Notes and their Credit Facility. The Company considers its adjusted EBITDA results without these charges when evaluating its ongoing performance because it is not believed by management to breathe reflective of their core business, ongoing operating results or future outlook. Expense Associated with the Restructurings:consists of employee-related expense recognized in connection with the workforce reductions in the first quarters of 2018 and 2017 and the restructuring in Australia and current Zealand. These costs are included in the following cost and expense line items of their GAAP presentation: cost of revenue-other, product development, sales and marketing and universal and administrative. This too consists of professional fees recognized in connection with the reorganization of the Company in the first quarters of 2017 and 2018, which are included in the universal and administrative line detail of their GAAP presentation. The Company considers its non-GAAP and adjusted EBITDA results without these charges when evaluating its ongoing performance because these charges are not believed by management to breathe reflective of their core business, ongoing operating results or future outlook. Transaction Costs: consists of professional and legal fees recognized during the period, primarily related to the potential Sirius acquisition and the AdsWizz acquisition. These costs are included in the universal and administrative line detail of their GAAP presentation. The Company considers its non-GAAP and adjusted EBITDA results without these charges when evaluating its ongoing performance because these charges are not believed by management to breathe reflective of their core business, ongoing operating results or future outlook. Loss on Dispositions: consists of loss on dispositions recognized during the period, primarily related to the Ticketfly disposition, including the cancellation of the convertible promissory note receivable. These amounts were calculated as the abate in the objective value less costs to sell for sales of their subsidiaries and were recorded as loss on sales during the period. The Company considers its operating results without these charges when evaluating its ongoing non-GAAP and adjusted EBITDA results because these charges are not believed by management to breathe reflective of their core business, ongoing operating results or future outlook. Loss on Extinguishment of Convertible Debt: consists of loss on extinguishment of convertible debt recognized during the period. This amount were calculated as the difference in the objective value and carrying value of the convertible debt immediately prior to extinguishment and was recorded as loss on extinguishment of convertible debt during the period. The Company considers its operating results without these charges when evaluating its ongoing non-GAAP and adjusted EBITDA results because these charges are not believed by management to breathe reflective of their core business, ongoing operating results or future outlook. Income Tax Effects of Non-GAAP Pre-tax Loss: The Company adjusts non-GAAP pre-tax net loss by considering the income tax effects of its non-GAAP adjustments. The Company is currently forecasting a non-GAAP efficient tax rate of approximately 22% to 25% cumulatively for each quarter and the complete year 2018. However, the Company is not expected to incur any material cash taxes due to its net operating loss position. Management believes these non-GAAP pecuniary measures and adjusted EBITDA serve as useful metrics for their management and investors because they enable a better understanding of the long-term performance of their core business and facilitate comparisons of their operating results over multiple periods and to those of peer companies, and when taken together with the corresponding GAAP pecuniary measures and their reconciliations, enhance investors' overall understanding of their current pecuniary performance. In the pecuniary tables below, the Company provides a reconciliation of the most comparable GAAP pecuniary measure to the historical non-GAAP pecuniary measures used in this earnings release. Pandora Media, Inc. Condensed Consolidated Statements of Operations (in thousands, except per participate amounts) (unaudited) Three months endedSeptember 30, Nine months endedSeptember 30, 2017 (1) 2018 (1) 2017 (1) 2018 (1) Revenue Advertising $ 275,741 $ 291,856 $ 777,253 $ 777,480 Subscription and other 84,414 125,772 218,192 344,175 Ticketing service 18,484 - 76,032 - Total revenue 378,639 417,628 1,071,477 1,121,655 Cost of revenue Cost of revenue-Content acquisition costs 204,222 222,191 587,517 666,631 Cost of revenue-Other (2) 27,287 39,308 80,259 98,884 Cost of revenue-Ticketing service (2) 11,269 - 50,397 - Total cost of revenue 242,778 261,499 718,173 765,515 Gross profit 135,861 156,129 353,304 356,140 Gross margin 36 % 37 % 33 % 32 % Operating expenses Product progress (2) 39,469 42,553 120,290 118,788 Sales and marketing (2) 107,588 124,760 378,581 374,351 General and administrative (2) 48,171 47,273 150,650 142,521 Goodwill impairment - - 131,997 - Contract termination (benefit) fees (423 ) - 23,044 - Total operating expenses 194,805 214,586 804,562 635,660 Loss from operations (58,944 ) (58,457 ) (451,258 ) (279,520 ) Interest expense (7,592 ) (6,768 ) (22,377 ) (20,799 ) Other income, net 559 1,684 866 6,033 Total other expense, net (7,033 ) (5,084 ) (21,511 ) (14,766 ) Loss before (provision for) capitalize from income taxes (65,977 ) (63,541 ) (472,769 ) (294,286 ) (Provision for) capitalize from income taxes (266 ) (125 ) (877 ) 6,933 Net loss (66,243 ) (63,666 ) (473,646 ) (287,353 ) Net loss available to common stockholders $ (84,562 ) $ (71,251 ) $ (506,493 ) $ (309,774 ) Basic and diluted net loss per common share $ (0.34 ) $ (0.27 ) $ (2.10 ) $ (1.19 ) Weighted-average basic and diluted common shares 245,810 268,058 241,579 260,327 (1) Includes results for Australia, current Zealand and Ticketfly, where applicable (2) Includes stock-based compensation expense as follows: Three months endedSeptember 30, Nine months endedSeptember 30, 2017 2018 2017 2018 Cost of revenue-Other $ 803 $ 742 $ 2,432 $ 2,284 Cost of revenue-Ticketing service 6 - 69 - Product development 8,428 8,884 25,765 23,329 Sales and marketing 14,059 11,300 42,657 34,209 General and administrative 6,805 7,912 27,404 22,980 Total stock-based compensation expense $ 30,101 $ 28,838 $ 98,327 $ 82,802 Pandora Media, Inc. Condensed Consolidated balance Sheets (in thousands) As of December 31, As of September 30, 2017 2018 (audited) (unaudited) Assets Current assets Cash and cash equivalents $ 499,597 $ 287,523 Short-term investments 1,250 100,119 Accounts receivable, net 336,429 373,418 Prepaid content acquisition costs 55,668 32,219 Prepaid expenses and other current assets 19,220 25,673 Total current assets 912,164 818,952 Convertible promissory note receivable 35,471 - Property and equipment, net 116,742 107,802 Goodwill 71,243 178,917 Intangible assets, net 19,409 55,557 Other long-term assets 11,293 11,575 Total assets $ 1,166,322 $ 1,172,803 Liabilities, redeemable convertible preferred stock and stockholders' equity Current liabilities Accounts payable $ 14,896 $ 28,406 Accrued liabilities 34,535 72,311 Accrued content acquisition costs 97,751 123,910 Accrued compensation 47,635 45,687 Deferred revenue 31,464 55,678 Total current liabilities 226,281 325,992 Long-term debt, net 273,014 255,272 Other long-term liabilities 23,500 25,660 Total liabilities 522,795 606,924 Redeemable convertible preferred stock 490,849 513,270 Stockholders' equity Common stock 25 27 Additional paid-in capital 1,422,221 1,632,178 Accumulated deficit (1,269,351 ) (1,579,125 ) Accumulated other comprehensive loss (217 ) (471 ) Total stockholders' equity 152,678 52,609 Total liabilities, redeemable convertible preferred stock and stockholders' equity $ 1,166,322 $ 1,172,803 Pandora Media, Inc. Condensed Consolidated Statements of Cash Flows (in thousands) (unaudited) Three months endedSeptember 30, Nine months endedSeptember 30, 2017 2018 2017 2018 Operating activities Net loss $ (66,243 ) $ (63,666 ) $ (473,646 ) $ (287,353 ) Adjustments to reconcile net loss to net cash used in operating activities Goodwill impairment - - 131,997 - Loss on dispositions 9,459 - 9,459 2,173 Loss on extinguishment of convertible debt - - - 14,600 Depreciation and amortization 14,006 16,105 49,121 44,167 Stock-based compensation 30,101 28,838 98,327 82,802 Amortization (accretion) of premium on investments 5 (530 ) 78 (1,200 ) Accretion of discount on convertible promissory note receivable (171 ) - (171 ) (534 ) Other operating activities 104 571 290 802 Amortization of debt discount 5,135 4,973 14,934 15,391 Interest income (258 ) - (258 ) (810 ) Provision for wicked debt 1,577 2,444 10,851 3,960 Changes in operating assets and liabilities Accounts receivable (23,888 ) (36,271 ) (11,294 ) (20,160 ) Prepaid content acquisition costs (40,283 ) 1,240 (33,842 ) 32,529 Prepaid expenses and other assets (8,809 ) (3,546 ) (17,955 ) (4,892 ) Accounts payable, accrued and other current liabilities (15,329 ) 22,592 (257 ) 26,193 Accrued content acquisition costs 11,538 (1,881 ) 6,063 26,159 Accrued compensation 545 (620 ) (12,646 ) 550 Other long-term liabilities (708 ) (259 ) (532 ) (9,286 ) Deferred revenue 1,502 2,867 5,618 14,914 Reimbursement of cost of leasehold improvements - - 5,236 894 Net cash used in operating activities (81,717 ) (27,143 ) (218,627 ) (59,101 ) Investing activities Purchases of property and equipment (4,320 ) (2,300 ) (12,861 ) (7,290 ) Internal-use software costs (3,054 ) (4,657 ) (13,948 ) (15,235 ) Payments related to acquisition, net of cash acquired - - - (66,924 ) Purchases of investments - (80,158 ) - (244,744 ) Proceeds from maturities of investments 11,810 108,420 37,084 147,170 Proceeds from cancellation of convertible promissory note receivable - - - 34,742 Proceeds from sales of subsidiaries, net of cash 122,912 - 122,912 - Net cash provided by (used in) investing activities 127,348 21,305 133,187 (152,281 ) Financing activities Proceeds from issuance of redeemable convertible preferred stock 307,500 - 480,000 - Payments of issuance costs (16,659 ) (370 ) (29,284 ) (4,886 ) Repayment of debt arrangements (90,000 ) - (90,000 ) - Proceeds from employee stock purchase plan 1,866 1,882 8,012 4,156 Proceeds from exercise of stock options 4,698 356 7,836 779 Tax withholdings related to net participate settlements of restricted stock units - (1,174 ) - (1,651 ) Net cash provided by (used in) financing activities 207,405 694 376,564 (1,602 ) Effect of exchange rate changes on cash, cash equivalents and restricted cash (55 ) (329 ) 237 (347 ) Net augment (decrease) in cash, cash equivalents and restricted cash 252,981 (5,473 ) 291,361 (213,331 ) Cash, cash equivalents and restricted cash at beginning of period 212,099 292,996 201,820 500,854 Less: abate in cash and restricted cash held for sale 28,101 - - - Cash, cash equivalents and restricted cash at quit of period $ 493,181 $ 287,523 $ 493,181 $ 287,523 Pandora Media, Inc. Reconciliation of GAAP to Non-GAAP Measures (in thousands, except per participate amounts) (unaudited) Three months endedSeptember 30, Nine months endedSeptember 30, 2017 2018 2017 2018 Gross profit GAAP unseemly profit $ 135,861 $ 156,129 $ 353,304 $ 356,140 Stock-based compensation-Cost of revenue 809 742 2,501 2,284 Amortization of intangibles-Cost of revenue 1,567 3,154 5,500 6,260 Expense associated with the restructurings - - 390 - Non-GAAP unseemly profit $ 138,237 $ 160,025 $ 361,695 $ 364,684 Non-GAAP unseemly margin 37 % 38 % 34 % 33 % Adjusted EBITDA and non-GAAP net loss GAAP net loss $ (66,243 ) $ (63,666 ) $ (473,646 ) $ (287,353 ) Depreciation and amortization 14,006 16,105 49,121 44,167 Stock-based compensation 30,101 28,838 98,327 82,802 Other expense, net 7,033 5,084 21,511 14,766 Provision for (benefit from) income taxes 266 125 877 (6,933 ) Expense associated with the restructurings 520 372 8,433 10,619 Goodwill impairment - - 131,997 - Transaction costs - 9,247 - 13,306 Loss on dispositions 9,459 - 9,459 2,173 Loss on extinguishment of convertible debt - - - 14,600 Contract termination (benefit) fees (423 ) - 23,044 - Adjusted EBITDA $ (5,281 ) $ (3,895 ) $ (130,877 ) $ (111,853 ) Income tax effects of non-GAAP pre-tax loss 8,483 5,356 64,237 32,353 Other expense, net (7,033 ) (5,084 ) (21,511 ) (14,766 ) (Provision for) capitalize from income taxes (266 ) $ (125 ) (877 ) 6,933 Depreciation (11,845 ) (11,799 ) (34,223 ) (35,715 ) Non-GAAP net loss $ (15,942 ) $ (15,547 ) $ (123,251 ) $ (123,048 ) Non-GAAP net loss per common participate - basic and diluted (0.06 ) (0.06 ) (0.51 ) (0.47 ) Weighted average basic and diluted common shares 245,810 268,058 241,579 260,327 Pandora Media, Inc. Reconciliation of GAAP to Non-GAAP Measures continued (in thousands, except per participate amounts) (unaudited) Three months endedSeptember 30, Nine months endedSeptember 30, 2017 2018 2017 2018 Product development GAAP product development $ 39,469 $ 42,553 $ 120,290 $ 118,788 Stock-based compensation (8,428 ) (8,884 ) (25,765 ) (23,329 ) Amortization of intangibles (97 ) (97 ) (2,173 ) (291 ) Expense associated with the restructurings (23 ) - (733 ) (622 ) Non-GAAP product development $ 30,921 $ 33,572 $ 91,619 $ 94,546 Sales and marketing GAAP sales and marketing $ 107,588 $ 124,760 $ 378,581 $ 374,351 Stock-based compensation (14,059 ) (11,300 ) (42,657 ) (34,209 ) Amortization of intangibles (83 ) (871 ) (2,966 ) (1,351 ) Amortization of non-recoupable ticketing compress advances (230 ) - (3,709 ) - Loss on dispositions (75 ) - (75 ) (100 ) Expense associated with the restructurings (286 ) - (5,493 ) (4,608 ) Non-GAAP sales and marketing $ 92,855 $ 112,589 $ 323,681 $ 334,083 General and administrative GAAP universal and administrative $ 48,171 $ 47,273 $ 150,650 $ 142,521 Stock-based compensation (6,805 ) (7,912 ) (27,404 ) (22,980 ) Amortization of intangibles (184 ) (184 ) (550 ) (550 ) Transaction costs - (9,247 ) - (13,306 ) Loss on dispositions (9,384 ) - (9,384 ) (2,073 ) Loss on extinguishment of convertible debt - - - (14,600 ) Expense associated with the restructurings (211 ) (372 ) (1,817 ) (5,389 ) Non-GAAP universal and administrative $ 31,587 $ 29,558 $ 111,495 $ 83,623 Pandora Media, Inc. Ad RPM and LPM History (unaudited) Three months ended September 30, Nine months ended September 30, 2017 2018 2017 2018 Advertising RPM $ 70.27 $ 77.84 $ 62.08 $ 67.14 Advertising LPM $ 37.01 $ 37.80 $ 35.36 $ 36.99 Pandora Media, Inc. Subscription ARPU and LPU History (unaudited) Three months ended September 30, Nine months ended September 30, 2017 2018 2017 2018 Subscription ARPU $ 5.58 $ 6.68 $ 5.05 $ 6.51 Subscription LPU $ 3.87 $ 4.51 $ 3.33 $ 4.64 View source version on businesswire.com : https://www.businesswire.com/news/home/20181105005894/en/ PandoraDerrick Nueman / Conrad Grodd, 510-842-6960Investor Relationsinvestor@pandora.comorBrad Minor, 404-808-3882Pandora Corporate Communicationspress@pandora.com Source: Pandora

    Fox news Network, LLC Terms of exhaust Agreement | killexams.com existent questions and Pass4sure dumps

    Description of Company Services and Acceptance of Terms of exhaust Including Arbitration of Disputes

    Fox news Network, LLC ("Company, "we" or "us") has developed these Terms of exhaust to picture the terms that govern your exhaust of foxnews.com, foxbusiness.com, foxnation.com, foxnews.mobi, m.foxbusiness.com, the Fox news iOs application, the Fox business iOs application, the Fox news Andriod application, the Fox business Android application and any Company branded URL, WAP site and mobile application and other content and services that link to these Terms of exhaust (collectively the "Company Sites"). The services Company provides on Company Sites embrace messaging services, video services, RRS feeds, podcasting services, mobile services, text messaging campaigns, and any other feature, content or application offered from time to time by Company (collectively, the "Company Services"). Company is based in the United States and the Company Services are hosted in the United States. Company is a Part of the United States based operations Twenty-First Century Fox, Inc.

    Company furnishes the Company Sites and the Company Services for your personal enjoyment and entertainment. By visiting the Company Sites (whether or not you are a registered member) or using the Company Services, you accept and harmonize to breathe bound by this Agreement, including any future modifications ("Agreement"), and to abide by complete applicable laws, rules and regulations ("Applicable Law"). gratify read through this Agreement carefully. Company may modify this Agreement at any time, and each such modification will breathe efficient upon posting on the Company Sites. complete material modifications will apply prospectively only. Your continued exhaust of the Company Sites or the Company Services following any modification of this Agreement constitutes your acceptance of and agreement to breathe bound by the Agreement as modified. It is therefore considerable that you review this Agreement regularly. If you Do not harmonize to breathe bound by this Agreement and to abide by complete Applicable Law, you must discontinue exhaust of the Company Services immediately.

    Your access to and exhaust of inevitable Company Services is conditioned upon your compliance with this Agreement, which incorporated by reference their Privacy Policy and any quit user license agreement that might escort the Company Services. Your access to and exhaust of inevitable Company Services may require you to accept additional terms and conditions applicable to such Company Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a affray between any such additional terms and this Agreement, such additional terms will prevail.

    PLEASE NOTE THAT THE "ARBITRATION AGREEMENT" SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, complete DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT TO breathe RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND COMPANY WAIVE THE prerogative TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. gratify CLICK HERE TO REVIEW THE ARBITRATION AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU harmonize TO breathe BOUND BY THE ARBITRATION AGREEMENT. gratify READ IT CAREFULLY.

    Registration and Security

    You prefer complete responsibility for your participation on the Site. As a condition of using inevitable features of the Site, you may breathe required to register on the Site and/or select a username and password. complete registration information you submit to create an account must breathe accurate and kept up to date. Your failure to Do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or exhaust as a username a cognomen of another person with the intent to impersonate that person; or (ii) exhaust as a username a cognomen topic to any rights of another person without appropriate authorization. Company reserves the prerogative to decline registration of, or cancel, a username, in its sole discretion. If they cancel your registration, you harmonize that you will not create another one or otherwise try to access the Company Services without their permission. You harmonize not to sell, transfer or allot your registration or any registration rights. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information.

    You are responsible for maintaining the confidentiality of your password and are responsible for complete exhaust of your account. It is therefore faultfinding that you Do not participate your password with anyone. You harmonize not to exhaust the account, username, email address or password of another member or subscriber at any time and not to allow any other person to exhaust your account. Your account is not transferable. You harmonize to notify Company immediately if you suspect any unauthorized exhaust of, or access to, your account or password.

    Access

    The Site is intended solely for your personal and non-commercial use. Company may change, suspend or discontinue the Site (or any feature thereof) at any time. Company may too impose limits on inevitable features and services offered on the Site or restrict your access to parts or complete of the Site without notice or liability. You concede that from time to time the Site may breathe inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.

    The Company Services are not intended to breathe used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Company or provide your personal information to Company. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with the Company Services only if you fondness the consent of your parent or guardian, including consent to this Agreement on your behalf. If you subscribe to Company and wish to create subprofiles (if available) under your subscription, you must ensure complete users of such subprofiles are 18 years of age or older (or the applicable age of majority in your state or territory of residence).

    Termination

    Unless terminated by Company in its sole discretion, this Agreement remains in complete compel and consequence while you exhaust the Company Services. You may terminate your account on the Company Sites at any time, for any reason, by emailing foxnewsonline@foxnews.com, Subject: Terminate My Account. Company may terminate your account and/or access to the Company Services at any time, for any or no reason, with or without prior notice or explanation, and shall fondness no liability to you for such termination. Even after your user account or access to the Company Services is terminated by you or by Company, this Agreement will remain in consequence with respect to your past and future exhaust of the Company Sites or the Company Services. Any rights to your account terminate upon your death.

    Fees

    You concede that Company reserves the prerogative to charge subscription fees for any portion of the Company Services. The Company will provide you with promote notice of any such fees, including any change in the amount of such fees, and a passage to cancel your account or subscription in the event you Do not wish to pay the modified fee. If you continue to exhaust the Company Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or augment thereto and you will breathe responsible for paying such subscription fee for the balance of your subscription. If Company suspends or terminates your account and/or access to the Company Services because you fondness breached the Agreement or violated Applicable Law, you will not breathe entitled to a refund of any unused portion of such fees or other payments.

    Purchasing The Company Sites Services or Products

    In connection with a purchase of any service, subscription or product on the Company Sites ("Site Product"), you may breathe required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, "Personal pecuniary Information"), to an independent third party selected by, but not affiliated with, Company (the "Processor"). Where the Processor is responsible for collecting, transmitting and/or processing your Personal pecuniary Information and, in some instances, for fulfilling your order, complete payment obligations for Site Products shall breathe governed by the terms of use/service and privacy policy(ies) of the Processor. If you build a purchase from the Company Sites you are warranting that you are authorized to build the purchase using the configuration of payment that you provide to the Processor. You must breathe 18 years of age or older to purchase a Site Product.

    Company makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. Company provides no refunds for, makes no warranty for, and to the fullest extent provided by law, accepts no liability regarding purchases you build on the Company Sites. You are solely responsible for any and complete transactions utilizing your Personal pecuniary Information, including, but not limited to, any and complete charges. You concede and harmonize that in the event Processor experiences a data breach that affects your Personal pecuniary Information, Company will in no passage breathe responsible or liable to you for any such breach.

    The Company will not store any record of Personal pecuniary Information related to purchases or other transactions you build through the Company Services. You should therefore maintain records of complete your transactions. If you fondness any questions regarding your transactions or believe that there is an oversight or unauthorized transaction or activity associated with transactions utilizing your Personal pecuniary Information, you must contact the Processor.

    Limited Content License

    The Company Services are offered for your personal exhaust only and may not breathe used for commercial purposes. The Company Services contain information, text, files, images, videos, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, "Content") of Company, its licensors, or assignors ("Company Content"), as well as Content provided by users or other third parties. Content contained in the Company Services is protected by copyright, trademark, patent, trade clandestine and other laws and, as between you and Company, Company, its licensors, or its assignors, own and retain complete rights in the Company Content. Company hereby grants you a limited, revocable, nonsublicensable license to access and parade or accomplish the Company Content (excluding any software code) solely for your personal, non-commercial exhaust in connection with using the Company Services. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, build available, or otherwise exhaust any Content contained in the Company Services.

    Except as explicitly and expressly permitted by the Company or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the exhaust of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Company Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Company Services, including geo-filtering mechanisms. Except as necessary in order to build reference to the Company, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Company Content in any manner.

    You may not, without the Company's written permission, "mirror" any Contents contained on the Site or any other server. You may not exhaust the Site for any purpose that is unlawful or prohibited by the Agreement. You may not exhaust the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's exhaust and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Company reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any understanding or for no understanding at all, without prior notice or any notice.

    Restrictions on exhaust of Company Services

    You understand that you are responsible for complete Content that you post, upload, transmit, email or otherwise build available on the Company Sites or on, through or in connection with the Company Services (collectively, "User Content"). Additionally, you concede that you fondness no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, gratify select User Content carefully.

    You harmonize not to exhaust the Company Services to:

    - Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, compress or other rights; tortious; wrong or misleading; defamatory; libelous; hateful; or discriminatory;

    - Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;

    - hound or harm another person;

    - Exploit or risk a minor;

    - Impersonate or attempt to impersonate any person or entity;

    - insert or engage in activity that involves the exhaust of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or restrict the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized exhaust of or access to a computer or a computer network;

    - Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Company Sites or the Company Services;

    - interfere with, damage, disable, disrupt, impair, create an undue tribulation on, or gain unauthorized access to the Company Services, including Company's servers, networks or accounts;

    - Cover, remove, disable, obstruct or obscure advertisements or other portions of the Company Services;

    - Delete or revise any information provided by or pertaining to any other user of the Company Services;

    - exhaust technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is Part of the Company Services;

    - route or antecedent to route (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any benevolent through the Company Services. If you Do so, you concede you will fondness caused substantial harm to Company, but that the amount of harm would breathe extremely difficult to measure. As a reasonable estimation of such harm, and by passage of liquidated damages and not as a penalty, you harmonize to pay Company $50 for each actual or intended recipient of such communication;

    - Solicit, collect or request any personal information for commercial or unlawful purposes;

    - Post, upload or otherwise transmit an image or video of another person without that person's consent;

    - Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Company Content; or structure a business using the Company Content) without Company's prior written consent;

    - Using technology or other means to access, index, frame, or link to The Company Sites (including the Content) that is not authorized by The Company Sites (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Company Content);

    - Accessing The Company Sites (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of The Company Sites and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;

    - exhaust the Company Services to advertise or promote competing services;

    - exhaust the Company Services in a manner uncongenial with any and complete Applicable Law;

    - Attempt, facilitate, induce, aid and abet, or cheer others to Do any of the foregoing.

    Company reserves the right, but disclaims any duty or responsibility, to remove User Content that violates this Agreement, as determined by Company, or for any other reason, in Company's sole discretion and without notice to you. You concede the Company reserves the prerogative to investigate and prefer appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

    You acknowledge, consent and harmonize that Company may access, preserve or disclose information you provide to the Company Sites, including User Content and your account registration information, including when Company has a fine faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, their parents, subsidiaries or affiliates ("Company Affiliates"), or their employees, agents and contractors (including enforcement of this Agreement or their other agreements); (ii) protect the safety, privacy, and security of users of the Company Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If Company sells complete or Part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of complete or a material Part of its business, Company may transfer your information to the party or parties involved in the transaction as Part of that transaction.

    Company reserves the prerogative to restrict the storage capacity of User Content. You assume complete responsibility for maintaining backup copies of your User Content, and Company assumes no responsibility for any loss of your User Content due to its being removed by Company or for any other reason.

    User Content on Message Boards and Forums

    The Company Sites may present users the competence to post messages on message boards, chat areas, bulletin boards, e-mail functions, forums, and other interactive areas as a Part of the Company Services (collectively, "Forums"), which may breathe open to the public generally, to complete members of the Company Sites, or to a select group of members to a specific Forum group. You concede that complete Content posted on Forums is User Content, and by posting on Forums you harmonize to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. Company reserves the right, but disclaims any duty or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or decline to embrace your User Content in a Forum for any understanding at any time, in Company's sole discretion and without notice to you.

    You concede that messages posted on such Forums are public, and Company cannot guarantee the security of any information you disclose through any Forum; you build such disclosures at your own risk. Company is not responsible for the content or accuracy of any information posted on a Forum, and shall not breathe responsible for any decisions made based on such information.

    Your Proprietary Rights in and License to Your User Content

    Company does not title any ownership rights in the User Content that you post, upload, email, transmit, or otherwise build available (collectively, "Transmit") on, through or in connection with the Company Services, except with respect to your unsolicited submissions, as described under "Unsolicited Submissions" below; provided, however, that User Content shall not embrace any Company Content or content owned by a Company Affiliate. By posting or transmitting any User Content on, through or in connection with the Company Services, you hereby vouchsafe to Company and their Company Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable, transferable (in gross or in part) prerogative (including any ethical rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and dispense such User Content, including your name, voice, similitude and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any configuration and on and through complete media formats now known or hereafter devised, for any and complete purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Company is free to exhaust any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Company Services. Company's exhaust of such User Content shall not require any further notice or attribution to you and such exhaust shall breathe without the requirement of any license from or any payment to you or any other person or entity. You hereby tap Company as your agent with complete authority to execute any document or prefer any action Company may consider appropriate in order to authenticate the rights granted by you to Company in this Agreement.

    You picture and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Company Services, or otherwise fondness the prerogative to vouchsafe the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the Company Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, compress rights or any other rights of any person or entity. You harmonize to pay for complete royalties, fees, and any other monies owing any person or entity by understanding of the exhaust of any User Content Transmitted by you on or through the Company Services or Third Party Services.

    If you delete your User Content from the Company Sites, Company's license to such User Content will quit after a reasonable period of time necessary for the deletion to prefer complete effect. However, the User Content may breathe retained in the Company's back-up copies of the Company Sites, which are not publicly available. Furthermore, to the extent that Company made exhaust of your User Content before you deleted it, Company will retain the prerogative to build such pre-existing uses even after your User Content is deleted. You concede that (i) deletion of your User Content from the Company Sites will not result in, and Company assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Company Sites, and (ii) termination of your account or your exhaust of the Company Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.

    Removal of Material that Infringes Copyrights

    Company respects the intellectual property of others and requires that their users Do the same. Company has a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Company Services who are restate infringers. Company too reserves the prerogative to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.

    If you believe material on Company Services infringes your copyright.

    If you believe that any material residing on or linked to from Company Services infringes your copyright, you must route Company's designated Copyright Agent a written notification of claimed infringement that contains substantially complete of the following information: (a) identification of the copyrighted travail claimed to fondness been infringed, or, if multiple copyrighted works are covered by a solitary notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably enough to permit us to locate the material on the Company Services (such as the URL(s) of the claimed infringing material); (c) information reasonably enough to permit us to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you fondness a fine faith belief that the disputed exhaust is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive prerogative that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Company's Copyright Agent for notification of claimed infringement can breathe reached at:

    Lesley West, Copyright Agent

    Email: ldepartment@foxnews.com

    Subject line: DMCA Notice

    Address: 1211 Avenue of the Americas, current York, NY 10036

    Phone: 212.301.3000

    Fax: 212.301.5785

    If you posted material to Company Service that was removed due to notice by a copyright owner.

    If you posted material to Company Services that Company removed due to a notice of claimed infringement from a copyright owner, Company will prefer reasonable steps promptly to notify you that the material has been removed or disabled. This notice may breathe by means of a universal notice on the Company Sites or by written or electronic communication to such address(es) you fondness provided to Company, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially complete of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you fondness a fine faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to breathe removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Company may breathe found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person's agent; and (iv) your physical or electronic signature.

    Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may breathe liable for damages.

    Your Exposure to Others' User Content

    You understand that Company does not control the User Content posted by users via the Company Services and, as such, you understand you may breathe exposed to offensive, inaccurate or otherwise objectionable User Content. Company assumes no responsibility or liability for this type of Content. If you become conscious of any misuse of the Company Services, including in violation of any "Restrictions on exhaust of Company Services," gratify report it immediately to Company. Company assumes no responsibility for monitoring the Company Services for inappropriate User Content or user conduct. If at any time, Company chooses in its sole discretion to monitor the Company Services, Company nonetheless assumes no responsibility for Content other than Company Content, no duty to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

    Third Party Links and Services

    The Company Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties ("Third Party Services"). When you engage with a provider of a Third Party Service, you are interacting with the third party, not with Company. If you select to exhaust a Third Party Service and participate information with it, the provider of the Third Party Service may exhaust and participate your data in accordance with its privacy policy and your privacy settings on such Third Party Service. Company encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are cozy with the party with whom you are interacting. In addition, the provider of the Third Party Service may exhaust other parties to provide portions of the application or service to you, such as technology, progress or payment services. Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Company Services does not imply approval or endorsement of the Third Party Service. Company is not responsible for the content or practices of any websites other than the Company Sites, even if the website links to the Company Sites and even if it is operated by a Company Affiliate or a company otherwise connected with the Company Sites. By using the Company Services, you concede and harmonize that Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Company Sites. When you access Third Party Services, you Do so at your own risk. If you are interested in creating hypertext links to the Company Sites, you must contact Company's legal department at ldepartment@foxnews.com before doing so. In establishing hypertext links, you must not picture in any way, expressly or by implication, that you fondness received the endorsement, sponsorship or uphold of the Company Sites or Company, including its respective employees, agents, directors, officers or shareholders.

    Company Terms of Sale

    Certain products and services may from time to time breathe made available to you through the Company Services. The products and services that are offered for sale by Company or its corporate affiliates are each referred to as an “Offering”. Terms related to a specific product or service will escort the Offering. In addition, these Terms of Sale apply to complete Offerings. To build a purchase on Company Services, you must breathe a registered Company user. Company sells its products only to those users who can legally build purchases with a credit card. You must breathe eighteen years of age to build a purchase on the Company Services, or, if you are under the age of eighteen but over the age of thirteen, you may build purchases on the Company Services with the scholarship and consent of your parent or legal guardian. Company reserves the prerogative to decline or cancel orders or terminate accounts, at any time in its sole discretion. They may accept various credit cards at any different times. However, by submitting an order through the Company Services, you empower Company, or its designated payment processor, to charge the account you specify for the purchase amount using your credit card if they accept it. complete payments are to breathe made in United States Dollars.

    Member Disputes

    You are solely responsible for your interactions with other users of the Company Sites and the Company Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Company Services. Company reserves the right, but has no obligation, to become involved in any passage with any disputes between you and such parties.

    Trademarks

    Company, the Company logo, and other Company marks, graphics, logos, scripts, and sounds are trademarks of Company. nonexistent of the Company trademarks may breathe copied, downloaded, or otherwise exploited.

    Privacy

    For information about Company’s policies and practices regarding the collection and exhaust of your information, gratify read Company's www.foxnews.com/about/privacy-policy. The Privacy Policy is incorporated by reference and made Part of this Agreement. Thus, by agreeing to this Agreement, you harmonize that your exhaust of or presence on the Company Sites, application and other places where any Company Services are available are governed by the Privacy Policy in consequence at the time of your use.

    Disclaimers

    THE COMPANY SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND COMPANY DOES NOT GUARANTEE OR vow ANY SPECIFIC RESULTS FROM exhaust OF OR CONTINUOUS AVAILABILITY OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT YOUR exhaust OF THE COMPANY SERVICES WILL breathe UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE COMPANY SERVICES WILL breathe CORRECTED, THAT THE COMPANY SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL breathe FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL breathe ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL COMPANY breathe responsible FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM exhaust OF THE COMPANY SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH exhaust OF THE COMPANY SERVICES, ATTENDANCE AT A COMPANY EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE COMPANY SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES, OR THE CONDUCT OF ANY USERS OF THE COMPANY SERVICES, WHETHER ONLINE OR OFFLINE. YOUR exhaust OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

    YOU concede AND harmonize THAT YOUR exhaust OF THE COMPANY SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT breathe SECURE AND MAY breathe INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR exhaust OF THE COMPANY SERVICES.

    Limitation on Liability

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “FOX PARTIES”) WILL NOT breathe LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING OUT OF OR RESULTING IN ANY passage FROM OR IN CONNECTION WITH THE COMPANY SERVICES EVEN IF COMPANY IS conscious OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN gross OR IN Part BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE balky CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S LIABILITY TO YOU FOR ANY antecedent WHATSOEVER AND REGARDLESS OF THE configuration OF THE ACTION, WILL AT complete TIMES breathe LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR exhaust OF THE COMPANY SERVICES.

    YOU concede AND harmonize THAT ANY DAMAGES YOU INCUR ARISING OUT OF COMPANY'S ACTS OR OMISSIONS OR YOUR exhaust OF THE COMPANY SITES OR THE COMPANY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S competence TO ACCESS ANY PORTION OF THE COMPANY SITES OR THE COMPANY SERVICES.

    THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BY ACCESSING THE COMPANY SERVICES, YOU UNDERSTAND THAT YOU MAY breathe WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU concede THAT YOU fondness READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY state OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

  • “A universal RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST fondness MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  • In connection with this waiver and release, you concede that you are conscious that you may hereafter ascertain claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to breathe true. Nevertheless, you intend by this Agreement to release fully, finally and forever complete Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall breathe and shall remain in consequence as complete and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts germane thereto.

    Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Company Services and/or the Content. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Company Affiliates. Views and opinions of users of the Company Services Do not necessarily state or reflect those of Company.

    United States Jurisdiction

    Company provides the Company Services in the United States of America. Company does not picture that the Company Content or the Company Services are appropriate (or, in some cases, available) for exhaust in other locations. If you exhaust the Company Sites or the Company Services from a jurisdiction other than the United States, you harmonize that you Do so of your own initiative, and you are responsible for complying with local laws as applicable to your exhaust of the Company Sites or the Company Services.

    Not complete of the Site Products are available worldwide or nationwide, and Company makes no representation that you will breathe able to obtain any Site Product in any particular jurisdiction, either within or outside of the United States.

    U.S. Export Controls

    Software available in connection with the Company Services is further topic to United States export controls. No such software may breathe downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.

    Arbitration Agreement

    (1) Company, including its Company Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you harmonize that any Dispute (as defined herein) between you and Company, regarding any aspect of your relationship with Company, will breathe resolved in a binding, confidential, individual and objective arbitration process, and not in court. Each of you and Company agrees to give up the prerogative to sue in court. The term "Dispute" is to breathe given the broadest practicable sense that will breathe enforced, and shall embrace any dispute, claim, demand, count, antecedent of action, or controversy between you and Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term "Dispute" specifically includes, but is not limited to, any and complete claims between you and Company in any passage related to or concerning this Arbitration Agreement, any other aspect of these Terms of exhaust (including their applicability and their conformance to applicable law), any products or services provided by Company, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (i) each of you and Company retains the prerogative to sue in little claims court and (ii) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall breathe resolved by the court in which such action has been brought; complete other disputes over arbitrability shall breathe resolved by the arbitrator. Each of you and Company too agrees to give up the competence to hunt to represent, in a class action or otherwise, anyone but each of you and Company (see paragraph 9 below). There is no arbiter or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must supervene this Agreement. The arbitrator, however, can award on an individual basis the very damages and relief as a court (including injunctive and declaratory relief, or statutory damages).

    (2) This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.

    (3) Any arbitration between you and Company will breathe conducted by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures efficient July 1, 2014 (the "JAMS Rules"), as modified by this agreement to arbitrate. The arbitration shall breathe conducted by a single, neutral arbitrator, and if you and Company cannot harmonize on who that solitary arbitrator will be, the arbitrator will breathe appointed pursuant to the JAMS Rules, with the participation and involvement of Company and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/ . The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/rules-streamlined-arbitration/. The arbitrator is bound by the terms of this Agreement.

    (4) If either you or Company wants to arbitrate a claim, you or Company must first route by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving climb to the Dispute, the Company Service to which the Notice relates, and the relief requested. Your Notice to the Company must breathe sent by mail to Arbitration Notice of Dispute, 2121 Avenue of the Stars, 7th Floor, Los Angeles, California, 90067. The Company will route any Notice to you at the contact information they fondness for you or that you provide. It is the sender's responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or they route a Notice to the other, you and they may try to gain a settlement of the Dispute.

    If you and they Do not resolve the Dispute within 45 days, either you or they may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a demand for Arbitration may breathe organize at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this demand for Arbitration with JAMS in accordance with its rules and procedures, you must route a copy of this completed demand for Arbitration to the Company at the address listed above to which you sent your Notice of Dispute.

    (5) You and the Company concede and harmonize to abide by the following rules for arbitration: (a) YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL fondness NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the Company will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph 8 below.

    (6) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against Company, you and the Company concede and harmonize to abide by the following:

    - If you are seeking to recover less than $10,000 (inclusive of attorneys' fees), Company will pay the filing fee on your behalf or reimburse your payment of it.

    - If you are seeking to recover $10,000 or more, you will fondness to pay the filing fee charged by JAMS, but Company will reimburse the filing fee if you prevail on complete claims decided upon by the arbitrator.

    - Company and you harmonize that, if the claims to breathe arbitrated total less than $10,000 (inclusive of attorneys' fees), the title ordinarily should breathe decided on written submissions only, without a telephonic or in-person hearing. Company will not request a hearing for any claims totaling less than $10,000. This provision shall not breathe construed by the arbitrator to deprive you of any rights you may fondness to a telephonic or in-person hearing in your hometown region pursuant to the JAMS Rules.

    - Company and you harmonize that, if the claims to breathe arbitrated total $10,000 or more, the arbitration will occur in a manner and Place consistent with the JAMS Rules.

    (7) Regardless of how the arbitration proceeds, each of you and Company shall cooperate in fine faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision enough to account for his or her findings and conclusions.

    (8) Each of you and Company may incur attorneys' fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevalent party to breathe paid its attorneys' fees, and in such instance, the fees awarded shall breathe determined by the applicable law(s). In addition to whatever rights you may fondness to recover your attorneys' fees under applicable law, if you prevail in the arbitration, and if Company failed to build a settlement present to you before the arbitration or the amount you win is at least 25% greater than Company's highest settlement offer, then Company will pay your reasonable attorneys' fees in addition to the amount the arbitrator awarded. If Company wins the arbitration, you will breathe responsible for your own attorneys' fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a title or asserted a defense frivolously or for an unseemly purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides' arbitration fees and may order the losing party to pay the winning party's reasonable attorneys' fees, unless such an award of fees is prohibited by applicable law.

    (9) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order Company to pay any monies to or prefer any actions with respect to persons other than you, unless Company explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless Company expressly agrees, the arbitrator may not consolidate other persons' claims with yours, and may not otherwise preside over any configuration of a representative, multi-claimant or class proceeding.

    (10) You and Company harmonize to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as Part of any mediation, proceedings of the arbitration, the arbitrator's decision and the existence or amount of any award, except as may breathe necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may breathe necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

    (11) With the exception of subpart (a) in paragraph (5) (i.e., the waiver of the competence to proceed on behalf of multiple claimants or a purported class), if any Part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in consequence and breathe construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is organize invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall breathe null and void, but the repose of this Agreement, including the provisions governing where actions against Company must breathe pursued, the preference of governing law, and their mutual waiver of the prerogative to a ordeal by jury, will remain in consequence and apply to any title that, for this or any other reason, proceeds in court rather than in arbitration.

    Governing Law

    The Agreement will breathe governed by, and construed in accordance with, the laws of the state of current York, without admiration to its affray of law provisions.

    Except with respect to Disputes to breathe resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Company harmonize to submit to the exclusive jurisdiction of the courts located in current York, current York to resolve any Dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY prerogative YOU MAY fondness TO A ordeal 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.

    SUBJECT TO APPLICABLE LAW, YOU harmonize THAT ANY antecedent OF ACTION YOU MAY fondness ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE COMPANY SITES OR THE COMPANY SERVICES MUST breathe COMMENCED WITHIN ONE (1) YEAR AFTER SUCH antecedent OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH antecedent OF ACTION SHALL breathe PERMANENTLY BARRED.

    Indemnity

    You harmonize to indemnify and hold Company, its Company Affiliates, 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 or in connection with YOUR breach OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OF exhaust OR ANY APPLICABLE LAW; YOUR exhaust OF THE COMPANY SERVICES AND/OR THE CONTENT IN VIOLATION OF THIS AGREEMENT; INFORMATION OR CONTENT POSTED OR TRANSMITTED THROUGH YOUR AUTHORIZED DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER prerogative OF ANY PERSON OR ENTITY OR DEFAMES ANY PERSON OR ENTITY; AND ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE topic TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.

    Unsolicited Submissions

    Company does not knowingly accept, via the Company Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, articles, scripts, narrative lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company requests that you Do not build any unsolicited submissions. Any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative travail including, without limitation, a film, series, story, title or concept would breathe purely coincidental. If you Do route any submissions to Company via the Company Services that are unsolicited (including but not limited to any Forum), however, you harmonize that (i) your unsolicited submissions are not being made in assurance or dependence and that by making such submissions no contractual or fiduciary relationship is created between you and Company; (ii) any such unsolicited submissions and copyright become the property of and will breathe owned by Company (and are not User Content licensed by you to Company under "Your Proprietary Rights in and License to Your User Content") and may breathe used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such submissions; and (iv) by sending an unsolicited submission you waive the prerogative to build any title against Company or Company Affiliates relating to any unsolicited submissions by you, including, without limitation, unfair competition, breach of implied compress or breach of confidentiality.

    Employment Opportunities

    Company may, from time to time, post Company employment opportunities on the Company Services and/or invite users to submit resumes to it. If you select to submit your name, contact information, resume and/or other personal information to Company in response to employment listings, you are authorizing Company to utilize this information for complete lawful and legitimate hiring and employment purposes. Company too reserves the right, at its sole discretion, to forward the information you submit to its Company Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Company Services will constitute a vow by Company to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Company Services constitute a vow that Company will review any or complete of the information submitted to it by users of the Company Services.

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    Other

    If you note other parties violating this Agreement, they would cherish it if you would let us know here. Precisely how Company responds to a party that is violating this Agreement will breathe determined after carefully analyzing complete of the facts and circumstances of a particular case. You may not depend upon Company's precise response with respect to one party or one situation as any indication of what Company might Do with respect to another party or another situation, even if the parties or situations emerge to you to breathe similar.

    Similarly, the failure of Company to exercise or enforce any prerogative or provision of this Agreement will not operate as a waiver of such prerogative or provision. If they fail to act in response to a violation of this Agreement, you should not assume that they Do not expostulate to the violation or even that they are conscious of it. In addition, you may not construe a waiver of any provision of this Agreement with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Company's decision to delay exercising or enforcing any prerogative or remedy under this Agreement shall not constitute a waiver of such prerogative or remedy. Even if Company acts in a passage that appears to you to breathe uncongenial with this Agreement, Company's action shall not breathe deemed a waiver or constructive amendment of this Agreement.

    The Section titles in this Agreement are for convenience only and fondness no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not handle the validity and enforceability of any remaining provisions.

    You harmonize that any notices the Company may breathe required by Applicable Law to route to you will breathe efficient upon Company's sending an e-mail message to the e-mail address you fondness on file with Company or publishing such notices on the informational page(s) of the Company Sites. Additionally, from time to time, they may communicate with you about the Company Services and this Agreement electronically (e.g., emails to your registered email address, notices on the Company Sites, order progress tracking). You consent to receive electronic communications from Company and further harmonize that any notices, agreements, disclosures, and other communications that they route to you electronically will answer any applicable legal notification requirements. They recommend that you hold a copy of any electronic communications they route to you for your records.

    You harmonize that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your exhaust of the Company Services. A printed version of this Agreement and of any notice related to it shall breathe admissible in judicial or administrative proceedings based upon or relating to this Agreement to the very extent as other business documents and records originally generated and maintained in printed form.

    Nothing contained in this Agreement limits Company's prerogative to comply with governmental, court and law enforcement requests or requirements relating to your exhaust of the Company Services or information provided to or gathered by us in connection with such use.

    This Agreement, along with the Privacy Policy and any other policies expressly incorporated into this Agreement by reference, constitute the entire agreement between you and Company with respect to the topic matter hereof and supersede complete prior or contemporaneous written or oral agreements between the us with respect to the topic matter hereof. This Agreement may not breathe amended, nor any duty waived, without Company’s written authorization.

    Please contact us at: ldepartment@foxnews.com, Subject: Question Regarding Terms of exhaust with any questions regarding this Agreement.

    I fondness READ THIS AGREEMENT AND harmonize TO complete OF THE PROVISIONS CONTAINED ABOVE.



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