Terms and Conditions of Service
August 1, 2009
By using any part of this Site, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by their terms and conditions. Paragraph 13 of these Terms and Conditions includes a provision binding you to arbitration of any dispute you may have with respect to your use of the Site, pursuant to which you relinquish your right to bring and action in court and to a jury trial. Specific reference is made to that provision, to which you agree by using any part of this Site.
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Terms and Conditions
1. Grant of License. These Terms and Conditions provide you with a personal, revocable, non-exclusive, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of these Terms and Conditions. You may, on an occasional and irregular basis, print and download materials and information from the Site solely for personal and non-commercial use, or, only to the extent permitted by an Other Agreement, for internal business use, provided that you do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such materials and information. With the exception of the foregoing and except as otherwise expressly permitted herein or in compliance with our RSS policy for the limited use of headlines and summaries (click here), you may not post any content from the Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Newsmax. You warrant to Newsmax that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (i) disrupting, impairing or interfering with the Site or any linked website, (ii) collecting any information about other users of the Site or any linked website, including registration information, passwords, accounts or other information, or (iii) systematically extracting data contained in the Site or any linked website to populate databases for internal or external use of any fashion.
2. Intellectual Property Rights;Right to Use; Modification of Site.
- (a) All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations.
- (b) The Site, its content, layout and design are the exclusive property of Newsmax or its licensors and, except as expressly provided herein, Newsmax does not grant any express or implied right in any such materials to you. In particular and without limitation, Newsmax owns the copyright in the Site as a collective work and/or compilation. Newsmax also owns the copyright on, or holds a license for, any and all databases accessible on the Site, and in the selection, coordination, arrangement, aggregation and enhancement of the content of the Site. Newsmax is entitled to use all such databases and Submissions (as defined in Paragraph 11, below) for such purposes not inconsistent with this or other of our agreements with you. If you believe that the Site is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described on Newsmax's Contact page.
- (c) The Newsmax Logo, and all other names, logos, and icons identifying Newsmax and/or Newsmax products and services are proprietary marks of Newsmax or its licensors. Third party product and company names mentioned herein are the trademarks of their respective owners.
- (d) The components, data, and features of the Site may be added to, modified, suspended, or discontinued by Newsmax without notice, and you agree that Newsmax shall not be liable to you or to any third party for any addition, modification, suspension, or discontinuance of Newsmax or the Site, or any part thereof.
3. Restrictions on Use of the Site. YOU AGREE TO USE THE SITE SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SITE. You may not use the Site for any illegal purpose or in any manner inconsistent with these Terms and Conditions, including:
- (a) To sell or for resale of other transfer or disposition to, or use by or for the benefit of, any other person or entity;
- (b) To use, transfer, distribute, or dispose of any information contained in the Site in any manner that could compete with the business of Newsmax or any of its suppliers;
- (c) To modify, create derivatives of, copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, broadcast, publish, display, broadcast, modify, upload to, create derivative works or construct a database from, license, transfer, sell, transmit, mirror, frame, "deep link", "scrape", data mine, or in any way use or exploit any part of the Site, except that you may download material from the Site, provided that you retain all copyright and other proprietary notices and comply in all respects with our RSS policy;
- (d) To use the Site or the information contained therein, including Newsmax's trademarks, trade names, service marks, copyrights, or logos, to make or as part of unsolicited mailings or spam material. YOU MAY NOT USE ANY OF NEWSMAX'S OR ANY THIRD PARTY'S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH NEWSMAX'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS; and
- (e) To upload or send (i) any message that is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable, or (ii) any commercial, promotional, or solicitation information.
5. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Newsmax has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from a website over the Internet cannot be guaranteed. Accordingly, Newsmax and its licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.
6. Links to Other Websites. Newsmax may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Newsmax and are maintained by third parties over which Newsmax exercises no control. Accordingly, Newsmax expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
7. Events Beyond Newsmax's Control. You expressly absolve and release Newsmax and its licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions. Newsmax and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
8. DISCLAIMERS. Newsmax obtains all information furnished on or provided by the Site from sources believed by it to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, the Site and all related materials, products, services and information are provided on an "as is" and as available basis without representation or warranty of any kind. NEWSMAX AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY RELATED MATERIALS, PRODUCTS, SERVICES OR INFORMATION. Newsmax makes no representation that materials on the Site are appropriate or available for use in any particular location, and access to them from territories where any of the contents of a website are illegal is prohibited. If you choose to access the Site from any such location, you do so on your own volition and are responsible for compliance with any applicable local laws. You agree and acknowledge that no oral or written information or advice given by Newsmax or any of its employees or agents in respect to the Site shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms and Conditions by a written agreement. FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR PROVIDED BY THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE SITE OR ITS CONTENTS ARE UNAVAILABLE. MOREOVER, NEWSMAX MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED ON THE SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE.
UNDER NO CIRCUMSTANCES WILL NEWSMAX OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF NEWSMAX OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, NEWSMAX AND ITS LICENSORS AND SUPPLIERS DISCLAIM LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE SITE AND ITS CONTENT.
9. Indemnity. You agree to indemnify and hold harmless Newsmax, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms and Conditions .
10. Submissions. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "Submissions") however received for the Site from you, whether as a Letter to the Editor, feedback to Site writers, pundits or other commentators, or news tip, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Newsmax, without limitation, to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create updates, analyses or other derivative works, publicly display or broadcast (in whole or part), or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You acknowledge and agree that you will receive no compensation for any use by Newsmax of, or ideas or suggestions you provide in, your Submissions. You also acknowledge and agree that Newsmax shall not be liable for any failure to store or display Submissions at any time.
11. User-Generated Content; User Acknowledgements. From time-to-time and in addition to Submissions, certain features of the Site may permit you and other users to register on the Site using secure passwords in order to submit, transmit, or post (collectively "post") User-Generated Content. You acknowledge and agree that:
- (a) The User-Generated Content you post will be accessible by Newsmax, you, and any other users who are entitled to similar privileges; that Newsmax does not pre-screen User-Generated Content; that by accessing or using the Site, you may be exposed to User-Generated Content posted by others that you may perceive as offensive or otherwise objectionable; and that no User-Generated Content you post or send will contain (i) anything unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable, or (ii) any commercial, promotional, or solicitation information
- (b) You are solely responsible for all of the User-Generated Content that you post on the Site; you assume all risks associated with use of the User-Generated Content that you post, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in the User-Generated Content you post that makes you personally identifiable; and, by posting User-Generated Content, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to that User-Generated Content, including all the rights necessary for you to post that User-Generated Content;
- (c) Newsmax may, but is not required to, display or use any of the User-Generated Content that you provide; may remove any posted User-Generated Content from the Site for any reason without notice in its sole discretion; and shall not be liable for any failure to store or display User-Generated Content on the Site at any time;
- (d) For all of the User-Generated Content that you post to Newsmax you grant users of Newsmax a non-exclusive, non-transferable, limited license to use, reproduce, create updates, analyses or other derivative works, display or broadcast (in whole or in part), perform, copy, edit, modify, translate, reformat, transmit and distribute your User-Generated Content for any purpose [associated with the Site] without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User-Generated Content;
- (e) For all of the User-Generated Content that you post to Newsmax, you grant users of Newsmax a non-exclusive, non-transferable, limited license to display, edit, download, and print such User-Generated Content solely for their own noncommercial, professional use in connection with their use of the Site; You acknowledge and agree that you will receive no compensation for any use by Newsmax of, or ideas or suggestions you provide in, your User-Generated Content; and
- (f) If you believe that any User-Generated Content is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described on Newsmax's Contact page, [HERE (this would be a click-through)].
12. Governing Law. These Terms and Conditions, including (without limitation) any disputes relating to the content the Site, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of [New York or Florida], without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods.
13. Dispute Resolution. Any litigation arising out of or connected in any way with these Terms shall take place in a State or Federal court of competent jurisdiction in Palm Beach County, Florida. You hereby consent to personal jurisdiction and venue in the State and Federal courts located in the State of Florida, Palm Beach County, with respect to any actions, claims, disputes or proceedings arising out of or in connection with these Terms. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of the Site, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by three arbitrators in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be West Palm Beach, FL. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys' fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in the State of Florida for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Newsmax may seek preliminary injunctive relief from a court of law in the event of a breach by you.
14. Term, Termination, Amendments. These Terms and Conditions will take effect when you first commence using the Site. Newsmax reserves the right at any time and for any reason to deny you access to the Site or any portion thereof. Termination will be effective without notice. Please note that Newsmax reserves the right to change the terms and conditions of these Terms and Conditions upon notice, which may be given by Newsmax's posting such change on the Site, by e-mail, or any other reasonable method. If a change is implemented by a posting on the Site, it shall be deemed to take effect when posted; if a change is announced by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is announced in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Newsmax. Your continued use of the Site following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to these Terms and Conditions on the Site, delivered by e?mail, or provided in any other reasonable way constitutes reasonable and sufficient notice.
15. Waiver. Failure to insist on strict performance of any of the terms and conditions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Newsmax of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
16. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Newsmax as a result of these Terms and Conditions or your utilization of the Site.
17. Severability. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.
19. Miscellaneous Provisions.
- (a) The provisions of Paragraphs 8, 9, 12, and 13 shall survive any termination or expiration of this Agreement.
- (b) The headings and captions contained in these Terms and Conditions are inserted for convenience only and shall not constitute a part hereof.