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TERMS & CONDITIONS

This website: www.thefirskyflyer.com (“Website”) and the application ‘The Frisky Flyer’ (the “The Frisky Flyer Application” and together with the Website, the “Platform”) are owned and operated by Pineapple Ventures (“Company”). Through the Platform, the Company allows users to access current affairs content and investigative stories on the payment of a subscription fee (“Services”). The terms ‘Company’ or ‘us’ or ‘we’ refer to the owners of the Platform. The term ‘you’ refers to any person who uses or accesses the Platform or is a subscriber of the Services on the Platform.

By browsing, viewing, using the Platform and subscribing to the Services provided therein you consent to and agree to comply with these terms and conditions of subscription (“Terms”).

The Company provides the Services subject to the notices, terms, and conditions set forth in these Terms. In addition, when you subscribe to the Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, which will be deemed to be incorporated into these Terms by reference. The Company reserves the right to change or modify the Platform, the contents thereof and these Terms at any time without any prior intimation to you. All modifications will be posted on the Platform and will become effective immediately upon such posting to the Platform. Please review these Terms regularly to remain informed of any change.

These Terms were last modified on 2nd May 2024. Use of the Platform by you after any modification to the Terms, constitutes your acceptance of the Terms as modified.

1. Eligibility

You will be eligible to subscribe to the Services on the Platform only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above eighteen (18) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject.

2. Registration

While you may visit the Platform without registration or subscription, some portions of the Platform may be accessible by subscription only. You may subscribe to the Services on the Platform only after registering with the Platform. Additionally, you shall have to check the box confirming that you have read and agreed to these Terms and the Company’s Privacy Policy available at https://thefriskyflyer.com/privacy-policy/.

The information sought at the time of registration may include your username, name, age, email address, place of residence and phone number. You are responsible for maintaining the confidentiality of your account and account credentials and for restricting access to your computer or mobile phone and agree to accept responsibility for all activities that occur under your account or using your account credentials. All actions performed by any person using your account and account credentials shall be deemed to have been committed by you and you shall be liable for the same. The Company reserves the right to terminate the subscription at any time if it is found that you have been sharing your account credentials with any unauthorised user.

3. Subscription

Subscription services include access to behind the pay-wall content (“Subscription Services”). A preview may be available to all viewers of the Platform but access to opinion pieces, commentaries and exclusive features of the Platform are available to paid subscribers of the Subscription Services alone. The nature of content made available to you is subject to change, the final decision of which lies with the editor of the Platform. The Company may vary the access rights of users engaged in accessing the Platform without a paid subscription at any time at the Company’s sole discretion. With respect to paid subscribers, any revision of access rights will take effect on the completion of such user’s current subscription term.

Subscription Services may differ geographically and based on the device from which you subscribe. Subscription packages and price may also vary in time. The Company reserves the right to introduce new subscription packages from time to time.

The Company will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us, and a contract formed, when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. The Company reserves the right to reject any offer in its discretion, for any or no reason.

4. Payment Terms

The subscription fees and any other charges due from you in connection with your subscription for the Subscription Services (including any applicable taxes) shall be as per the rates in effect at the time at which it is charged (“Subscription Fees”).

When you purchase a subscription with the Platform, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these Terms, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired, in which case we will contact you.

The Company uses the services of third-party payment service providers to process your payment of the Subscription Fees. Accordingly your usage of such third party services shall be in accordance with the terms and conditions adopted and implemented by such service provider, and the Company shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such service provider or any actions taken by the Company in respect of the same. In addition to the Subscription Fees, you are responsible for paying bank charges/fees, currency conversion charges or any other fees applicable. These charges will be communicated to you on the billing page concerned with the intended transaction, and your act of proceeding with the transaction shall be construed to mean adequate notice and acceptance of such charges.

We rely on third party billing platforms and services for billing and transaction support, and do not ask for sensitive information, such as credit/debit card number, CVV, OTP, card expiry date, user IDs or passwords of third-party platforms, and ask that you do not share such information with us. Should any such demand to share such information be placed upon you, please immediately inform the Company of such demand and the identity of the agent or representative who made such demand. In light of the above, you acknowledge that any sensitive information shared by you is at your own risk and the Company shall not be liable for any loss that you incur for sharing the aforesaid details.

Subscription Fees will be billed upon your subscription and any renewal of your subscription, based on the subscription options provided by the Company on the Platform, from time to time. As a general matter, all our fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the Subscription Fees and charges then in effect or add new fees or charges which will take effect at the end of your subscription period, by giving you notice in advance and an opportunity to cancel. If you believe someone has accessed the Platform using your account and account credentials without your authorization, please immediately contact us at info@thefriskyfler.com.

5. Pricing

The current schedule of Subscription Fees and subscription packages is available on the Platform. We may revise the Subscription Fees from time to time and/or across geographies. You agree to pay the Subscription Fees at the rates applicable at the time and place of the purchase of your subscription. The term and duration of subscriptions to Subscription Services offered by the Company are listed in the schedule of Subscription Fees referenced above. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription.

If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices, then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

Subscription and access to content services fall under the purview of Service Tax as per the current indirect taxation policy of the Government of India. Taxes are applicable for consumption of content on the Platform and other products of the Company uniformly for customers based in India and outside the country. Unless otherwise indicated, prices stated on our Platform are inclusive of applicable Service Tax, any applicable value added tax (VAT) or other sales taxes.

6. Term, Renewal, Cancellation

You can choose a subscription of the term and duration offered by the Company as listed in the schedule of Subscription Fees referenced above.

These Terms shall remain in full force and effect while you use the Services. Unless prohibited by law, your subscription will renew automatically until it is cancelled in accordance with this section. If you have subscribed through the Website, you will be notified by us of the pending renewal of your subscription prior to the date your subscription renews, and you will be asked if you wish to cancel the upcoming transaction pertaining to the renewal of your subscription. If you have purchased a subscription on third-party platforms such as the google play store and the app store, you may refer to the terms and conditions adopted and implemented by such third-party platforms.

For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.

Subscription to the Platform commences immediately on the realisation of payment of the Subscription Fees, and there can be no cancellation once the subscription is active.

You do not have any right to cancel your subscription or any part of it until the end of your current subscription period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your current subscription period, and you will not receive a refund (except in the limited circumstances set out in these Terms). You may notify us of your wish to cancel your subscription by contacting our team at info@thefriskyflyer.com. You must provide at least 5 business days advance notice for this to be implemented.

The Company reserves the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish the Platform, the Platform content or cease to provide Subscription Services. The Company will give you at least 15 days’ notice of this, if possible. If we do so, then we will have no further obligation to you except for a refund of the unexpired period of your paid subscription. This means that we will refund to you any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

If you are a registered user, but not a subscriber, then the Company reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration, then please contact info@thefriskyflyer.com.

In addition to any Subscription Fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Platform or using the Services available on it.

7. Platform Content

This Platform is controlled and operated by the Company. All materials, including illustrations, statements, opinions, views, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Except where otherwise agreed with the Company in writing, material on the Platform is solely for your personal, non-commercial use. Except as provided below, you must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Company, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

You may occasionally distribute a copy of a story, or a portion of a story, from the Platform in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear, original source attribution, and the phrase “Used with permission from The Frisky Flyer”.

You may occasionally use our “E-mail This” service to e-mail a story from the Platform to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from the Platform.

While you may occasionally download and store stories from the Platform for your personal use, you may not otherwise provide others with access to such stories. The foregoing does not apply to any sharing functionality we provide through the Platform that expressly allows you to share stories or links to stories with others. It is hereby clarified that notwithstanding anything contained in these Terms, you shall be permitted to a maximum of five (5) shares throughout the subscription period, unless otherwise explicitly specified by the Company in writing. In addition, you may not use stories you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.

You agree not to rearrange or modify the Content available through the Platform. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by these Terms. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.

You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.

As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.

You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to the Platform.

You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.

You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Platform if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person’s rights or violate these Terms.

8. Prohibited Content

The Platform includes comments sections, blogs and other interactive features that allow interaction among users and between users and the Company. We call the information posted by or contributed by users “Contributed Content”.

In the course of availing of the Services or uploading any post or comment on the Platform, you shall not post any Contributed Content that (i) contains nude, semi-nude, sexually suggestive photos, (ii) tends or is likely to abuse, harass, threaten, impersonate or intimidate other users of the Platform and/or Services, (iii) is lascivious or appeals to the prurient interest or its effect is such as to tend to deprave and corrupt persons who are likely to use or have access to the Platform and/or Services, or (iv) otherwise violates, is prohibited or restricted by applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of other users of the Platform and/or Services (collectively “Prohibited Content”).

The Company reserves the right to cease to provide you with the Services or with access to the Platform, prevent you from accessing the Platform and/or Services and terminate your subscription, with immediate effect and without notice and liability, for violating these Terms, applicable law, rules or regulations and reserves the right to remove Prohibited Content which is in violation of these Terms, or is otherwise abusive, illegal or disruptive. The determination of whether any content constitutes Prohibited Content, violates these Terms, or is otherwise abusive, illegal or disruptive, is subject to the sole determination of the Company.

User Content:

You shall not post, upload, write or send content on or through the Platform (“User Content”) incorporating and using language or content which:

  • belongs to another person and to which you do not have any right;
  • is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  • is harmful to a child;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • impersonates another person;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
  • contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
  • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person

9. Limitations of content published on the Platform

All content published on the Platform (including any information we publish regarding third party products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. Content created by the Company, its syndication partners, Contributed Content and any other content provided by third parties and distributed by the Platform, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by the Company. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.

Any agreements, transactions or other arrangements made between you and any third party named on (or linked to or from) the Platform are at your own responsibility and entered into at your own risk. Any information that you receive via the Platform, whether or not it is classified as “real time”, may have stopped being current by the time it reaches you. Share price information on the Platform may be rounded up/down and therefore may not be entirely accurate.

10. Third Party Content

The Company may partner with third party content providers to offer bundled services, under which the payment for both the services will be collected by the Company. The Company will endeavour to provide seamless access to all such third parties with a single one-point access. There could be a gap in this seamless access due to a technology breakdown, temporary disconnection of the internet connection or any factors beyond the reasonable control of the Company.

You are requested to read through the terms and conditions offered by content partners to the Platform. Most partners offer bundled services for new users. Existing subscribers of content partners are not eligible for bundled subscription. Should you happen to be one, please note that the content partner will be liable to reject your offer to subscribe under the bundled subscription, not leading to contract formation as a result.

11. Warranty and Liability Disclaimer

The Company is constantly endeavouring to improve the quality of Services provided to you. Due to this, the form and nature of Services provided may change from time to time without any prior notice to you. The Company reserves the right to introduce and initiate new features, functionalities, components to the Platform and/or Services and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, the Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform without any prior notice to you. The Company may also prescribe certain limits on the use of the Platform and/or Services or storage of Content at its sole discretion without any prior notice to you while at all times complying with its Privacy Policy.

The Platform, all the materials and Services, included on or otherwise made available to you through the Platform is provided by the Company on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:

The Platform and/or Services will be constantly available, or available at all; The information on this Platform or provided through the Services is complete, true, accurate or not misleading; or The quality of any products, services, information, or other material that you obtain through the Platform or Services will meet your expectations.

The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Platform, Content, Contributed Content, Services, software, text, graphics and links.

The Company does not warrant that this Platform; information, content, materials, or Services included on or otherwise made available to you through this Platform; their servers; or electronic communication sent from by Company are free of viruses or other harmful components.

Nothing on this Platform constitutes, or is meant to constitute, advice of any kind.

12. Accuracy of Information

The information presented on this Platform has been compiled by the Company from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Platform may contain typographical errors, incomplete or out of date information. The Company reserves the right to make changes to the Content, Contributed Content and information on this Platform, or to the services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information.

13. Indemnification

You (a) represent, warrant and covenant that no materials of any kind provided by you will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous, Prohibited Content or other unlawful material; and (b) hereby agree to indemnify, defend and hold harmless the Company and all of the Company’s officers, directors, owners, agents, customers/clients, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable advocate’s fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

14. Term and Termination

The Terms will remain in full force and effect while you continue the use of the Platform and/or avail of the Services at any level. The Company retains the right to deny access to the Platform and/or the Services to anyone who it believes has violated any of these Terms or does not accept these Terms, and retains the right to terminate the subscription of such person. You may terminate these Terms by cancelling your subscription.

15. Infringement of Copyright

In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Platform, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: info@thefriskyflyer.com.

  • A clear identification of the copyrighted work allegedly infringed;
  • A clear identification of the allegedly infringing material on the Platform (with specific URL reference);Your contact details: name, address, e-mail address and phone number;
  • A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law;
  • A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  • Your signature or the signature of your authorized agent.

16. Applicable Law

The Platform, including the Content and Contributed Content and information contained herein, and the provision of Services shall be governed by the laws of the Republic of India and the courts of Noida, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern any transaction completed using this Platform.

17. Information Gathered and Tracked

Information submitted or collected on the Platform or pursuant to the use of the Services is stored in a database. Specifically, we store the username, name, e-mail address, contact number, as submitted or collected on our Platform or through the provision of the Services. We may use such information to send out occasional promotional materials, including alerts on new Services available, or other promotional and marketing material relating to our clients and customers.

18. Grievance Redressal Mechanism

In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights – please refer to paragraph 15 for the reporting mechanism for such claims), (ii) your access to the Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which exposes the private area of the complainant or any person on whose behalf you are making the complaint, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to the Grievance Redressal Officer of the Company at the details provided below.

In your complaint or grievance, please include the following information:

  • Your name and contact details: name, address, contact number and email address;
  • Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
  • The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury,that you are authorised to act on behalf of such person and to provide such person’s personal information to us in relation to the complaint/grievance;
  • Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
  • A statement that you believe, in good faith, that the User Content violates these Terms or exposes the private area of an individual, depicts the individual in any sexual act or conduct or is in the nature of impersonation in an electronic form; and
  • A statement that the information provided in the complaint or grievance is accurate.

The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:

  • Your name and contact details: name, address, contact number and email address;
  • Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
  • The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person’s personal information to us in relation to the complaint/grievance;
  • Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
  • A statement that you believe, in good faith, that the User Content violates these Terms or exposes the private area of an individual, depicts the individual in any sexual act or conduct or is in the nature of impersonation in an electronic form; and
  • A statement that the information provided in the complaint or grievance is accurate.

The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including you), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:

  • A clear identification of the copyrighted work allegedly infringed;
  • A clear identification of the allegedly infringing material on the Platform;
  • Your contact details: name, address, e-mail address and phone number;
  • A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law;
  • A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  • Your signature or a signature of your authorized agent.

The aforesaid notices can be sent to the Grievance Redressal Office of the Company at the details specified below.

On receiving such complaint, grievance or notice, the Company shall acknowledge such complaint, grievance or notice within twenty-four (24) hours. The Company reserves the right to investigate and/or take such action as the Company may deem appropriate, and shall resolve such complaint, grievance or notice within fifteen (15) days. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.

The name, title and contact details of the Grievance Redressal Officer of the Company has been published and is available on the Platform here. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.