Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Newsmatics, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Provisions Related to the NewsPlugin
- You acknowledge that the NewsPlugin contains links, descriptions and other material (hereinafter collectively referred to as “Links”) that are protected by copyright, trademark or other proprietary rights of Newsmatics and third-party content providers (hereinafter referred to as “Publishers”).
- You may not modify the code that Newsmatics provides to you which generates the Links or any of the Links, in whole or part.
- You agree that you will at all times conspicuously designate the Publisher as the source of the news content.
- You may not license, sublicense, sell, assign, transfer any of the Links provided by the NewsPlugin.
You may reproduce the Links through the NewsPlugin as long as they remain unmodified, and the source attributed remains intact.
- You are not authorized to copy the text from any article or advertisement without the express permission of the Publisher.
- The Links may not be used on any sites that Newsmatics determine to be unsuitable for any reasons that include but are not limited to those that: (i) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (ii) modify the names of the Publishers or fail to give proper source attribution without PUBLISHER’s permission, (iii) violate intellectual property rights.
- The Links on the NewsPlugin contain a link to the original Publisher’s website via an intermediate link through an Newsmatics’s Site. You may not delete, disable, modify or hide this intermediate link.
- You agree to permit Newsmatics to display your site’s name, logo and URL on the SITES, in marketing and reporting literature, profile application, and any other advertising.
- Newsmatics is an independent provider of the Links. You are responsible for taking all reasonable precautions to ensure that materials posted on your site do not violate or infringe upon any rights of any third party.
- Newsmatics reserves the right to modify the presentation of the Links at its sole discretion, including but not limited to changing the look and/or format of the Links and inserting advertising and/or press releases with the Links.
- Newsmatics reserves the right to charge fees for NewsPlugin upon prior notice. If You choose to forgo payment, Newsmatics reserves the right to limit or restrict access to NewsPlugin.
This online news aggregation service has been developed by Newsmatics. The LINKS will take users to external websites that are not affiliated with the Website. Fees associated with this service relate to the aggregation service itself and ARE NOT related to reading the individual articles. External sites might require their own registration.
Results in our indices are indexed by Newsmatics’s automated systems. LINKS and pointers to other sites do not constitute an endorsement by Newsmatics or its affiliates of any third-party site or any materials contained therein. Newsmatics and its affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
You hereby agree to indemnify, defend and hold harmless Newsmatics and its affiliates from and against any and all liability and costs incurred by Newsmatics or the affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Newsmatics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Newsmatics.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through Website is at your sole risk. Newsmatics reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of Website, or to deny access to Website to anyone at any time. You acknowledge and agree that Newsmatics is not responsible for any materials posted by users of Website. Prior to purchasing any third party products or services described on Website, you are advised to verify pricing and other information. Neither Newsmatics nor its affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on Website.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE Website (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION SERVICES, NEWS FEED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEWSMATICS AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE Website UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY NEWSMATICS. NEWSMATICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Website OR THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,THAT THE Website OR SUBSCRIPTION SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE Website, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE Website IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
USE OF THE Website IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE Website. UNDER NO CIRCUMSTANCES SHALL NEWSMATICS OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR NEWSMATICS OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE Website, SUBSCRIPTION SERVICES OR NEWS FEED SERVICES, EVEN IF NEWSMATICS, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF NEWSMATICS AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SUBSCRIPTION SERVICES. YOU HEREBY RELEASE NEWSMATICS AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In addition to any other rights of the parties set forth, Newsmatics may cancel or terminate this Agreement. Newsmatics also reserves the right to restrict, suspend or terminate your access to the Website in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If Newsmatics terminates this Agreement based on a breach of any portion of this Agreement, Newsmatics reserves the right to refuse to provide a subscription or any SUBSCRIPTION SERVICES to you in the future.
Modifications to the Agreement
Newsmatics has the right to modify this Agreement and any policies affecting the Website. Any modification is effective immediately upon posting to the Website or distribution via electronic mail or conventional mail. Your continued use of the Website following any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).
Modifications to the Website
Newsmatics has the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. Newsmatics may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
Removal of Links Requests
If you are Publisher and you do not want your publications indexed or linked to by Newsmatics please notify us and such Links may be removed on a case by case basis.
Email Marketing Communication
Newsmatics reserves the right to send its customers, members, and users promotional emails or offers. You may opt-out of receiving such emails or offers at any time by clicking the unsubscribe link in the email you received.
This Agreement constitutes the entire agreement between you and Newsmatics with respect to the Website and supersedes all prior agreements between you and Newsmatics. Failure by Newsmatics to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Maryland, USA (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of Maryland, USA for any action arising out of or relating to your use of the Website. The federal and state courts of Maryland shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
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