Newser User Agreement
Please read this User Agreement (last revised as of March 12, 2008) before using this service. By continuing to use Newser.com, you agree to abide by the conditions of this agreement.
1.1 This User Agreement (the “Agreement”) constitutes the agreement between Newser.com (the “Website”) and its owner, Newser, LLC. (collectively "Newser") and you as a user who accesses or establishes a connection to our services (the "Services"). "You," "your," “registered user” or “unregistered user” means an adult user of the Services (or adult parent or guardian of any minor allowed to access the Services, for whom the parent will be held strictly responsible). A "registered user" is a person who has provided personally identifiable information including but not limited to name and electronic mail address, and who may therefore have preferred access to specific parts of the Service. An "unregistered user" is a person who has not provided any such information, and whose access to the Website is limited to non-registration areas.
1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your binding agreement to abide by these provisions. IF YOU DO NOT AGREE TO COMPLY WITH ALL OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
1.3 Newser reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. Newser will make the current Agreement available as a link from its homepage. The Agreement in effect at the time of your use of the Services shall govern your use and your use of the Services after the effective date of any changes to this Agreement will be deemed your acceptance of the changes. IF YOU DO NOT WISH TO BE BOUND BY A CHANGE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
1.4 Newser reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, tool, or feature that is a part of the Services. Newser further reserves the right, in its sole discretion, to restrict the use of the Services as well as suspend or revoke your rights to use the Services based on Newser's belief that your use of the Services violates that which is permitted by this Agreement or applicable law.
1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.
If you choose to become a registered user, you will be required to supply your name, electronic mail address, and such other information as Newser may request in its sole discretion, and to select a username and password. Newser may, in its sole discretion, refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion as determined by Newser. You will be responsible for the confidentiality and use of your username and password and agree not to provide access of your account to others. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Intellectual Property Rights; DMCA Notice; Linking
3.1 The Services, original Newser content (such as article summaries), and tools provided by Newser on the Services are protected by applicable intellectual property and proprietary rights laws and are owned, controlled, and/or licensed by Newser. All publication trademarks appearing on the Services are the property of their respective owners. Their display on the Website does not signify authorship or approval of article summaries, which are written by Newser, and serve only to identify the source of the articles linked to from the Newser Website.
3.1.1 Associated Press Materials
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this website. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
3.2 Digital Millennium Copyright Act ("DMCA") Notice
Newser owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Services that are provided by third parties. It is our policy not to permit materials known by us to be infringing to remain on this site. You should notify us promptly if you believe any materials on the Services infringe a third-party copyright. (Please bear in mind that Newser typically summarizes articles available on third-party websites and links users to such websites to view the full articles. Thus, rights requests relating to full articles should be directed to the owner of the website where the full article is displayed.) Upon receipt of a proper notice of claimed infringement under the DMCA, Newser will respond promptly to remove, or disable access to the material claimed to be infringing that is in our direct control, or will provide you with information on how to contact a third-party content provider to notify them of the copyright infringement. Please send all notices to Newser, LLC., 1395 Brickell Avenue, Suite 800, Miami, Florida 33131, Attn.: Legal/Rights. telephone: 305-967-6319, fax: 312-268-7157, or use this form.
3.3 If you operate a website and wish to link to the Services, you must link to the Website’s home page unless permission to do otherwise has been granted in writing by an authorized representative of Newser. You may contact Newser for this permission using this form. Newser reserves the right to reject or terminate any links to the Services.
4. Third-Party Content
While the Website contains links to the websites of other companies and parties, Newser has no control over those websites. Newser is not responsible or nor shall it be liable for any content, advertising, products, services or other materials on or available from those websites. Newser does not guarantee that it will not include or link to unintended or objectionable content. Newser is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
5. Use of the Services
5.1 You may view the content and use the Services and tools available on the Website pursuant to this Agreement and only for your personal, non-commercial use. You may print content from the Services solely for your personal use. You may not download electronic copies of our content for any purpose other than those permitted by Fair Use or otherwise by law. You shall make no other use of the content without the express written permission of Newser. You will not modify, publish, distribute, transmit, participate in the transfer or sale, translate, create derivative works, or in any way exploit other than as set forth herein, any of the content, tools or technology (including software code), in whole or in part, found on the Services. Further, you shall not engage in any systematic downloading or other activity directed towards any of the content, in whole or in part, found on the Services that would create any electronic database or archive containing such content. You shall not make any changes to any content that you are permitted to use under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not "frame" any of the content, tools or technology on the Services or the Services themselves without the express written permission of Newser. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the Services and any of the content found on the Services not granted to you under this Agreement are expressly reserved to Newser.
5.2 You shall not employ any automated tools, including "crawlers," "bots" or "spiders," which programmatically access and extract content in order to repurpose or resell the Services content and tools, nor may you "scrape" and/or reformat any information off the services HTML pages or XML interface, including meta tags, results pages, abstracts, and documents except as permitted by our FAQs without the express written permission of Newser.
5.3 Newser is willing to provide reasonable assistance to ensure a good user experience. However, given the technical nature of ad blocker and similar software, we are unable to provide such assistance if you use such software.
6. User Activities and Privacy of User Information on the Services
6.1 You will use the Services and any tools, content, material, or information found on the Services solely for lawful purposes. You shall not upload to, distribute to or through, or otherwise disseminate through the Services any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any privacy or other rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
6.2 You warrant that any material or information that you make available through the Services, including, for example, in descriptive text associated with content that you create, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Services. You will be solely responsible for the content of any material or information that you make available through the Services. You will also be liable for any damage resulting from your making any material or information available through the Services.
6.3 Except as set forth below, by making any material or information available through the Services, you automatically grant to Newser a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Services, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal use.
6.4 Newser has no obligation to, and does not and cannot, review every item of material or information that you and users other than you make available through the Services, and Newser is not responsible for any content of this material or information. However, Newser reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any privacy or other rights of any person or entity. Further, Newser reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
7. Disclaimer of Warranties & Limitation of Liability
7.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER NEWSER NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICES, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICES, OR ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE SERVICES.
7.2 THE SERVICES, ALL TOOLS, CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS OR WILLFUL NEGLIGENCE, SHALL NEWSER (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICES ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEWSER (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF NEWSER (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)) TO YOU EXCEED THE AMOUNT PAID BY YOU TO NEWSER DURING THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM OF INJURY OR DAMAGE.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Newser (and any of its parents, subsidiaries, affiliates, directors, officers, employees, agents, distributors, third-party providers, and licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Services or your breach of any provision of this Agreement. Newser reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
9. Third-Party Content, Third-Party Providers, Advertising and Links
The Services include a number of third-party providers (each a "Third-Party") for content, technology and other features, including the opportunity for users of the Services to purchase goods or services from third parties. Newser makes no warranty concerning content, technology, goods or services provided by Third-Party providers.
YOU AGREE THAT ANY RECOURSE FOR DISSATISFACTION OR PROBLEMS WITH THOSE GOODS OR SERVICES WILL BE SOUGHT FROM THE THIRD PARTY PROVIDER DIRECTLY, NOT FROM NEWSER, AND THAT YOUR SOLE REMEDY AGAINST NEWSER SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICES.
10. Site Security
You may not violate or attempt to violate the security of the Service, including by, without limitation (a) accessing data not intended for you or logging into a server or account with you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with Services to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, conducting "denial of Services attacks", "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service. Violations of system or network security may result in civil or criminal liability. Newser will investigate occurrences which may violate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
11. Contacting Us
You may contact us using this form. If a response is necessary, we will contact you by sending electronic mail to the address you provide to us.
Newser may terminate this Agreement and your use of the Services, or discontinue the Services, at any time. Newser shall have the right immediately upon notice to you to terminate your use of the Services in the event of any conduct by you which Newser, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
13. Law Governing Performance and Disputes
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of Illinois, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Illinois in Cook County and the United States District Court for the Northern District of Illinois in any and all actions, disputes, or controversies relating to this Agreement.
14. General Terms
This Agreement, together with and any policies and rules posted on the Services by Newser, constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either Newser or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of Newser and its successors, trustees, and assigns. Newser may assign this Agreement, or any of its rights or obligations under this Agreement without notice to you. Any such assignment by Newser does not relieve you of your obligations under this Agreement.