NewsCred Website Terms of Service
Last Updated: June 2017
These terms of service (“TOS”) apply to your use of the NewsCred website (the “Website”). By using this Website, you represent and warrant that you are at least 18 years of age and are lawfully able to accept these TOS. These TOS do not alter in any way the terms or conditions of any other agreement you may have with NewsCred or its affiliates. IF YOU CHOOSE TO USE THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS AND POLICIES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these TOS on such entity’s behalf, and that such entity agrees to indemnify NewsCred for violations of these TOS.
Please note that we may change, add or remove portions of these TOS at any time, which shall become effective immediately upon posting. It is your responsibility to review these TOS, and your continued use of this Website indicates your acceptance of these changes. When we make changes, we will revise the “Last Updated” date at the top of the TOS.
Ownership of the Website and Its Contents
This Website is owned by NewsCred. Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, news articles, text, graphics, data, photographs, video clips, audio clips, illustrations, software, and the selection and arrangement thereof (the “NewsCred Content”) are owned or licensed by either a) NewsCred, b) its news providers and/or c) its image providers (together with its news providers, the “Licensors”). All elements of the Website, including the NewsCred Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
The contents of the Website are intended for your personal, noncommercial use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the NewsCred Content in whole or in part. Without limiting the generality of the foregoing, you may not distribute any part of this site or any content thereon over any network, or sell or offer it for sale. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, NewsCred has adopted a policy of terminating, in appropriate circumstances and at NewsCred’ sole discretion, account holders who infringe the intellectual property rights of NewsCred or any third party.
If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
NewsCred Legal Department
386 Park Avenue South, 6th Floor
New York, NY 10016
Phone: (212) 989-4100
We may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.
The NewsCred name and logo, and any other NewsCred product name, service name, or slogan on the Website are trademarks of NewsCred and/or its Licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NewsCred or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “NewsCred” or any other name, trademark or product or service name of NewsCred or the Licensors without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of NewsCred and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, news organizations or other information does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
The Website contains links to other related websites and resources. NewsCred provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by NewsCred of any site or any information contained therein. When you leave the Website, you should be aware that the TOS no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that NewsCred shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The Website may include discussion forums or other interactive areas in which you or third parties create, post or store content, messages, comments, or other items on the Website (“Interactive Areas”). By using any Interactive Areas, you agree not to delete or revise any User Content posted by a third party, or to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contractual right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
Private information of yourself or any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of NewsCred, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which adversely affects the availability of resources to other users, which may expose NewsCred or its users to any harm or liability of any type, or which may cause injury to any person or entity.
Although NewsCred has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, NewsCred reserves the right, at its discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason, or terminate your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that NewsCred may access, use or disclose any information about you or your use of this Website, including without limitation any User Content to comply with the law or any legal process. If you post User Content to the Website, unless we indicate otherwise, you grant NewsCred and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media now known or hereinafter created. You grant NewsCred and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose.
You agree to defend, indemnify and hold harmless NewsCred, its affiliates, employees, agents, third party information providers, independent contractors and the Licensors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of the TOS or of any representation or warranty contained herein, your unauthorized use of the NewsCred Content, or your violation of any rights of another.
NewsCred makes no representations or warranties as to the NewsCred Content’s accuracy, correctness or reliability. NewsCred and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the NewsCred Content or your use of this Website, including, but not limited to, claims for defamation, libel, slander, infringement of copyrights or trademarks, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Furthermore, NewsCred does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Website by any user, the Licensors or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE NEWSCRED CONTENT IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT NEWSCRED, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE NEWSCRED CONTENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE NEWSCRED CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL NEWSCRED, ITS DIRECTORS, MEMBERS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE NEWSCRED CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE.
Applicable Law and Venue
These TOS have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these TOS shall be brought in the state or federal courts located in New York, NY.
Any waiver of any provision of the TOS will be effective only if in writing signed by NewsCred. If any clause in these TOS is found to be unenforceable, this shall not affect any other clause or the remainder of these TOS, which will remain in full force and effect. Any rights not expressly granted herein are reserved.
Questions and Contact Information
Questions or comments about the TOS may be directed to NewsCred at legal [at] newscred [dot] com or by calling (212) 989-4100 or by mail to NewsCred, Inc., 386 Park Avenue South, 6th Floor, New York, NY 10016.
© 2017 NewsCred, Inc. All rights reserved.