NEWSWAX.COM™ TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
NEWSWAX.COM™, (hereinafter, “site”), is provided to you (“Member”) under the terms and conditions of this site Terms of Service (TOS) and any operating rules or policies that may be published by site. The TOS comprises the entire agreement between Member and site and supersedes all prior agreements between the parties regarding the subject matter contained herein. WHEN YOUR CONTENT APPEARS ON SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
2. DESCRIPTION OF SERVICE
site provides Member with various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. In exchange, Member will agree to carry site advertising units and other software components on their blogs. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE
Changes in the terms and conditions of the TOS will be posted to site at http://www.newswax.com/terms-of-service. Member’s continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TOS and TOS modifications; and (2) agreement by Member to abide and be bound by the TOS and TOS modifications.
4. MODIFICATIONS TO SERVICE
site reserves the right to modify or discontinue the Service with or without notice to Member. site shall not be liable to Member or any third party should site exercise TOS right to modify or discontinue the Service.
All information entered into site by Member is private to Member except to the extent that he or she opts to share that information with other site members and/or the public, through site or otherwise. It is site policy to respect the privacy of Members. Therefore, site will not disclose to any third party Member’s name or contact information. site will also not monitor, edit, or disclose the contents of a Member’s information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on site; (2) protect and defend the rights or property of site; or (3) act under exigent circumstances to protect the personal safety of TOS members or the public; (4) fix or debug problems with the site software/service.
6a. CONTENT OWNERSHIP
Non-paid members will retain copyright ownership and all related rights for information he or she publishes through site or otherwise enters into site-related services.
6b. CONTENT RESPONSIBILITY
Member acknowledges and agrees that site neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, go to the team area of any blog you are a member of, click on your name and then “edit profile” ; you may also set up a new account and close an old one at your convenience. Member agrees to immediately notify site of any unauthorized use of Member’s account or any other breach of security known to Member.
8. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Site MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY site SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. NO RESALE OF THE SERVICE
Member agrees not to resell the Service, without the express consent of site.
11. STORAGE AND OTHER LIMITATIONSsite assumes no responsibility for the deletion or failure to store information entered into site. Site has set no fixed upper limit on the number or posts Member may send or receive through the Service or the amount of storage spaced used; however, site retains the right, at sites sole discretion, to determine whether or not Member’s conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Member’s conduct is found to be inconsistent with the TOS.
12. MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member’s use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, Member’s conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services. Site may, at its sole discretion, immediately terminate Service should Member’s conduct fail to conform with these terms and conditions of the TOS.
Member agrees to indemnify and hold site, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Member’s use of the Service, the violation of this TOS by Member, or the infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or other right of any person or entity.
Either Member or site may terminate the Service with or without cause at any time and effective immediately. site shall not be liable to Member or any third party for termination of Service. Should Member object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member’s only recourse is to immediately discontinue use of the Service. Upon termination of the Service, Member’s right to use the Service and Software immediately ceases. Member shall have no right and site will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. site may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. site assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service (‘Content’) by site or site Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
18. LAWS The TOS shall be governed by and construed in accordance with the laws of the state of California, excluding TOS conflict of law provisions. Member and site agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Site failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by site in writing. Member and site agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
19 DISCLAIMER OF RESPONSIBILITY
site is under no obligation to review any Member’s activities to determine if a violation of the the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities. site disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy. INDIRECT OR ATTEMPTED VIOLATIONS OF THE TOS AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE TOS BY THE MEMBER. Site and Member agree that the spirit of this agreement is a reasonable business contract.
The aforementioned TOS are not all inclusive and are subject to change at the sole discretion of site.