Terms Of Use
By using or visiting this website (the “Site”) and content available through this domain name and any affiliated domain name, you signify your assent to these terms and conditions (the “Terms of Use”). If you do not understand and accept the provisions set forth in the Terms of Use, do not use access the Site or the service available through the Site. All of the services available through the Site are referred to herein as the “Services”. The Site is a news service made available to you.
Acceptance of Terms of Use:
You must read and agree to the Terms of Use before accessing the Site or using the Services. By accessing the Site or using the Service, you will use the Site in accordance with the Terms of Use. You agree to be bound by the Site’s Privacy Policy. The Terms of Use are a legally binding agreement and the equivalent of a signed written contract. You agree that you have received, understand and accept these Terms of Use (including the Site’s Privacy Policy). Your use of the Site and Services shall be deemed to constitute your acceptance of these Terms of Use and Privacy Policy. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute the Terms of Use.
Use of the Services:
You must be at least 13 years of age to use this Site or the Services. The Site and Services contain content (the “Content”) which is protected by copyright, trademark, patent, trade secret and other laws and the Site either owns and retains or licenses all Intellectual Property Rights. The Site grants you a limited, revocable, non-sublicensable non-exclusive license to display the Content solely for your personal use in connection with using the Site and Services in accordance with the Terms of Use. You agree not to license, publish, copy, sell, or in any way exploit, any of the Content or Services without the express prior written permission of the Site.
You agree that personal data provided by you to the Site may be used for any purpose the Site deems appropriate and may be given or disclosed to our affiliates, partners, vendors, and third parties to the extent permitted by law. You agree not to attempt to impersonate another user or any other third party by selecting or using the name, address, credit card information, email address or other identifying information belonging to another user or other person, or otherwise. You agree not to disclose personal information and/or collect information about others (especially personal information or information likely to lead to personal identification of another), including email addresses, without their prior consent. The Site reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you.
Each user may submit, post and distribute text, files, images, photos, graphics, video or any other materials or information in connection with their use of the Services (collectively, the “User Content”). You agree not to submit, post or distribute User Content that infringes copyright laws. You grant to the Site a royalty-free, non-exclusive, world-wide irrevocable license, including the right to sublicense to third parties without restriction, in perpetuity throughout the universe, to use your User Content in any manner or medium, whether now known or hereafter discovered. You agree that the Site in its sole discretion, shall have the right to monitor your use of the Services to edit, refuse to post or remove any material submitted, posted or distributed on or through the Services or Site, for any reason whatsoever. You agree you are solely responsible for the content of material you upload, post or otherwise make available on the Services. You agree you do not rely on the Site to monitor or edit the Services or Content which you find offensive, indecent, or objectionable. You hereby waive any objections you might have with respect to viewing such content. The Site shall have no liability for such content to you or to any person whom you allow to access the Service, and you access the Services at your sole risk.
Copyright Infringement Claims:
If you believe that materials hosted by the Site infringe your copyright, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing the Site with the following information in writing:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit the Site to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Site actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the Site a counter-notice. All notices and counter-notices must meet the then current statutory requirements imposed by the DMCA.
Notice of claims of copyright infringement can be e-mailed to the Site.
Modification of Terms of Use:
We reserve the right to change, modify, add to or remove all or part of the Terms of Use at any time. You agree to check the Terms of Use for updates on a regular basis and to discontinue use of the Site if you do not agree with the then operative Terms of Use.
Waiver of Liability:
You expressly agree that use of the Services is at your sole risk. Neither the Site nor its affiliates, employees, representatives, attorneys, directors, officers or shareholders shall be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of the Site. Neither the Site nor its affiliates, employees, representatives, attorneys, directors, officers or shareholders shall be liable for any direct, indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the Service or Site. You agree the risk of using the Service and Site and injury from the foregoing rests entirely with you.
Governing Law and arbitration:
The Terms of Use and all aspects of the Services and Site shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location.
Miscellaneous:
The Terms of Use contain the entire understanding of you and the Site and supersede all prior understandings of the parties hereto relating to the subject matter hereof and cannot be changed or modified by you except by a writing signed by an authorized signatory for the Site.