News Dynamics Terms of Service
The following Terms of Service (“Contract”) governs your use of the online interactive news publishing service (the “Service”) provided by News Dynamics, Inc. (“ND,” “Us,” or “we”) via the website available at www.nwzpaper.com (the “Site”).
a. You may use the Service as a “Contributor” to publish certain original articles, features, news stories, and other types of content (“Articles”) as permitted by the Content Guides and or as a “User” of the Site that can browse the content of the Site including Articles.
b. To be a Contributor, you will first need to register and create an account (“Account”) in order to use the Service. To be eligible to create an Account, you must be at least 18 years old and must provide and maintain true, accurate, current, and complete information about yourself (the “Registration Data”). When you set up your account, you will be required to create log-in credentials, which include your username and password (“Login Credentials”). You may not create Login Credentials with the intent to impersonate another person. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials, including any fraudulent, abusive, or otherwise illegal activity (“Prohibited Conduct”). We reserve the right to terminate any Login Credentials at any time for any reason, including if we have reason to believe that you have engaged in Prohibited Conduct or otherwise breached any of this Contract. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Contract.
c. You agree that registering for an Account and submitting Articles to the Service does not create any type of employment or agency relationship between you and us, of any kind whatsoever.
d. You acknowledge, consent and agree that we may disclose your Registration Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce any provision of the Terms; (iii) respond to any third party claims; or (iv) protect the rights, property, or personal safety of ND, our Users, Contributors, or any member of the general public.
2. USE OF THE SERVICE.
a. By Contributors. Upon completion of registration, you may use the Site to submit original Articles for publication via the Service subject to the terms of this Contract, including the Content Guides set forth in Section 5 below.
b. By Users. You may use the Site to search, display, and access Articles and other content made available at the Site by Contributors and/or ND, subject to this Contract.
a. Ownership of User Content. You understand that all Articles, images, text, photographs, messages, tags, information , data, comments and other user generated content (“User Content”) uploaded by you is your sole responsibility. You must abide by all copyright notices and any other terms restricting your use of any User Content. Unless licensed by you directly from the applicable Contributor as a Licensee, all User Content available on the Site is intended for personal, noncommercial use only. Copying or storing any User Content for any nonpersonal use except pursuant to a license with the applicable Contributor is expressly prohibited. As between you and us, you agree that all User Content posted on the Site or otherwise made available via the Service is protected by copyright and owned or controlled by the Contributor credited as the author. ND does not and can not guarantee the accuracy, integrity, authenticity, reliability, veracity, or quality of any User Content and you understand that User Content may be inaccurate, offensive, indecent, or objectionable. Under no circumstances, will ND be liable for any User Content or any loss or damage of any kind, including financial or trading losses, resulting from your use, distribution, publication, or reproduction of any User Content.
b. Ownership of ND Content. Except for User Content, all other text, content and documents on the Site, and any names, logos, service marks, and trademarks appearing in the Site (“ND Content”) are owned by ND and are protected under copyright, trademark and other intellectual property and proprietary rights laws. This includes the arrangement, selection, coordination, and logic of the Site as a collective work. As between you and us, all right, title and interest in and to the ND Content and the Site will at all times remain with us. “News Dynamics,” the “News Dynamics” logo, and other marks, logos and titles of ND are registered and/or common law trade names, trademarks or service marks of News Dynamics, Inc. You are permitted to use the Site and Service only for the purpose of creating and managing your Account and using the Service to publish or license Articles, and communicate and interact with other Users, solely as provided in this Contract; any other use or misuse of the Site or Service is strictly prohibited.
4. LICENSE GRANTS; ROYALTIES.
a. By ND. ND grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Site and Service, without right to sublicense, under the following conditions: you shall not, without ND’s express written consent: (i) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Service and Site, (ii) use any trade name, trademark, or brand name of ND in metatags, keywords and/or hidden text, (iii) create derivative User Content from the Service and Site or commercially exploit the Service and Site, in whole or in part, in any way, and (iv) use the Service and Site, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to ND. ND reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Service and Site. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under ND’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, ND may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
b. License to ND. Subject to the terms and conditions of this Contract, you hereby grant ND a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, and fully paid-up license to display your User Content, including without limitation the right for ND to use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative User Content of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future, in connection with the operation and promotion of the Site or Service. You agree and understand that the foregoing grant includes the right, but not obligation, for ND to continue to display your Articles, either by choice or as a result of caching or other technological constraints, in perpetuity. You agree that continued display of your Article under these circumstances will not constitute a breach by ND of this Contract or infringe upon any IP Rights you may have in such Article.
c. License Restrictions. Notwithstanding the license granted to ND by you in Section 4(b), you agree and acknowledge that ND is under no obligation to display any User Content, including any Article, via the Site and may, at any time and in its sole discretion, refuse publication of or remove from the Site or any User Content submitted by you (or on your behalf), and you may not receive notice, written or otherwise, of such refusal or removal of your User Content. You further agree that ND is under no obligation of confidentiality with respect to any User Content that you submit.
d. No Archive. Notwithstanding anything contained herein, the Site and Service are not an archive and ND shall have no liability to you or any other person for any loss, damage, or destruction to any User Content or any other information submitted to or via the Site or Service. You shall be solely responsible for (i) uploading your User Content, and (ii) maintaining independent archival and backup copies of your User Content, and (iii) providing copies or digital files of any User Content to any Licensee with whom you enter into a License Type.
e. Independent Transactions. You agree that your correspondence or business dealings with other Contributors or Users including delivery and provision of any licensed content or payment of any License Fees, and any other terms, conditions , warranties, or representations associated with such dealings, are solely between you and such Contributor or User. You agree that ND shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Contributors or Users on the Site or Service.
5. REPRESENTATIONS AND WARRANTIES.
a. You represent and warrant that:
i. you are over the age of eighteen (18) and have full legal power and authority to enter into and perform this Contract in accordance with its terms;
ii. you are legally authorized to submit the applicable User Content, and have the full right and power to grant the rights granted in such User Content in this Contract, without the consent of any governmental body, any regulatory authority, or any third party;
iii. to the extent that any materials, properties, and/or rights owned by or licensed from third parties (collectively, the "Third-Party Materials") are included in your User Content, you have, at your sole cost and expense, obtained for the benefit of ND and the Licensees, any and all licenses and releases necessary for ND and such Licensees to exercise the applicable License Types granted by you, including the right to use, publish, reproduce, publicly distribute, perform, display, modify, and prepare derivative User Content of your User Content, and sublicense the foregoing rights, as applicable.
iv. you shall at all times be in compliance with the Content Guides set forth in Section 5(b) below;
v. you shall ensure that User Content submitted by you (or on your behalf) is created in an ethical, diligent, and professional manner consistent with the highest industry standards and otherwise in accordance with the terms and conditions of this Contract;
vi. you are the owner or the authorized licensee, with rights to sublicense, of any and all forms of intellectual property rights and protections throughout the world, whether currently existing or hereafter developed or acquired and whether now known or hereafter recognized (“IP Rights”), in and relating to your Articles or User Content;
vii. your User Content, and ND's use thereof, do not and shall not violate or in any way infringe or otherwise contravene the rights of any person, entity, or estate, including any IP Rights, rights of privacy, or rights of publicity;
viii. your User Content shall not contain any falsehoods or misrepresentations or be in violation of any applicable law, rule, or regulation;
ix. you have provided and will continue to provide true, accurate, and complete Registration Data to ND including your legal name, address, and other reasonable requested contact information; and
x. the execution, delivery, and performance of this Contract does not conflict with, constitute a breach of, or in any way violate any arrangement, understanding, or agreement to which you are a party or by which you are bound.
b. You represent and warrant that any User Content you provide shall not, at any time, contain any content that is pornographic, unlawful, obscene, or otherwise offensive in any way, in the sole discretion of ND.
c. You are solely responsible for your User Content, and while ND does not and cannot review all User Content and is not responsible for such User Content, ND reserves the right to delete, move, or edit User Content that it, in ND’s sole discretion, is in violation of the restrictions set forth in Section 5(b) (the “Content Guides”).
d. You shall not us the Site or Service to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user's account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
e. You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site; (iii) “frame” or “mirror” any portion of the Site, or link to any portion of the Site other than via the homepage of the URL located at http://www.newsdynamics.com/ or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve , index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site; or (v) harvest or collect information about or from users of the Site without their express consent and, if such consent is provided, only pursuant to applicable law. ND does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and ND expressly disclaims any and all liability in connection with User Content. ND does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and ND reserves the right to remove User Content without prior notice and/or to terminate a user's access to the Site, if the user has been notified of infringing activity and has had User Content removed from the Site more than twice. ND also reserves the right to decide whether User Content is appropriate and complies with this Contract, at any time, without prior notice and at its sole discretion.
f. The Site may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other Users, either through postings or by interacting in real-time. In connection with such services, you agree to abide by any rules that ND publishes in connection therewith, including but not limited to, the prohibition on use of the Site for any unlawful purpose. Although ND may from time to time review discussions, chats, comments, transmissions, bulletin boards, blogs, chat rooms, and other community forums available via the Site (the “Community Forums”), you acknowledge ND is under no obligation to monitor or control, and shall have no liability for, any information available the Community Forums. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. ND reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
a. THE SERVICE AND SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ND MAKES NO WARRANTY THAT THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DOES ND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR SITE. ND MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SERVICE AND SITE, INCLUDING ANY ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE SERVICE AND WEBSITE.
c. YOU ACKNOWLEDGE AND AGREE THAT ND IS ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS THE SITE OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
d. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. YOU AGREE THAT ND’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR SITE IS LIMITED, IN AGGREGATE, TO TEN DOLLARS (U.S. $10.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ND MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
7. INDEMNIFICATION; PASSIVE NETWORK PROVIDER.
a. Indemnification. You shall defend, indemnify, and hold harmless ND and its officers, employees, directors, agents, contractors, and Licensees, (collectively, the “Indemnified Parties”) from and against all claims, demands, suits, losses, damages, costs, awards, judgments. and expenses (including the costs of investigation and defense and reasonable attorneys' fees), regardless of the form of action, including, without limitation, those based on, arising out of, or relating to: (i) Your breach or alleged breach of any term, representation, warranty, or covenant contained in this Contract; (ii) any claim by a third party that any User Content submitted by you (or on your behalf), and/or ND's use thereof , infringes upon the IP Rights or other rights of such third party; and (iii) Your acts or omissions (including negligence or strict liability) related to the subject matter of this Contract, including, without limitation, any third-party claim or action based on, arising out of or relating to any User Content licensed hereunder. You shall promptly reimburse ND and the Indemnified Parties for any liabilities incurred in connection with any such claims. ND may have its own counsel present at and participating in all proceedings or negotiations relating to such claim, at ND's own expense, unless you fail or refuse to secure legal counsel to defend any such claim in a timely manner, in which case the expense of ND's counsel shall be borne by you.
b. COMMUNICATIONS DECENCY ACT. ND IS A PROVIDER OF INTERACTIVE COMPUTER SERVICES, SUBJECT TO THE PROTECTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY AFFORDED BY THE COMMUNICATIONS DECENCY ACT (47 U.S.C. 223 et seq.) AND OTHER APPLICABLE LAWS.
c. DIGITAL MILLENNIUM COPYRIGHT ACT. ND IS AN INTERACTIVE SERVICES PROVIDER, SUBJECT TO THE PROTECTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY AFFORDED BY THE DIGITAL MILLENNIUM COPYRIGHT ACT (17 U.S.C. 512 et seq.) AND OTHER APPLICABLE LAWS. As such, ND adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Materials infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must be provided to ND’s designated agent, (“Copyright Agent”), as set forth below, and include the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted User Content at a single online site are covered by a single notification, a representative list of such User Content;
iii. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
ND’s Copyright Agent to receive DMCA Takedown Notices is:
News Dynamics, Inc
Attn: Copyright Agent
PO Box 9889
Denver, CO 80209
Fax: +1 (866) 298-6219
For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site. You acknowledge that in order for ND to be authorized to takedown any User Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
11. CHOICE OF LAW AND ENFORCEMENTYour access to the Site as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.
15. MISCELLANEOUSND’s failure to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of this Contract is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Contract shall continue in effect. A printed version of this Contract and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Contract to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS CONTRACT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT ND MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) ACCEPT USER CONTENT FROM OTHERS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS CONTRACT. YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS CONTRACT.