Terms of Service
The following Terms of Service govern all use of the Newsy website and all content, services and products available at or through the website (will also be referred to as 'the Website').
The Website is offered subject to your acceptance without modification of all of the Terms of Service contained herein and all other operating rules, policies (including, without limitation, Newsy Privacy Policy) and procedures that may be published from time to time on Newsy website (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the Terms of Service of this agreement.
If you do not agree to all the Terms of Service of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer by Newsy, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Newsy Account and Your Site(s) Created on Newsy
If you create a site on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Newsy may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Newsy liability. You must immediately notify Newsy of any unauthorized uses of your site, your account or any other breaches of security. Newsy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Third-party Codes Added to Your Newsy Site(s) Created on Newsy
If you add any third-party embeddable codes to the Website - e.g. Advertising Codes, Affiliate Codes - you are responsible for following the guidelines and Terms of Service set by these third-party companies. By using Newsy and adding these third-party embeddable codes, you agree to be fully responsible for all activities that occur under the account using these embeddable codes and any other actions taken in connection with the site. Newsy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate a site on the Website, comment on a site on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
Fees and Payment
By selecting a subscription plan you agree to pay Newsy the monthly or annual subscription fees for the service and additional usage fees indicated for that subscription plan. Payments will be charged on the subscription start date and will cover the use of the service for a monthly or annual period as indicated. Subscription fees are not refundable and are paid in advance of using such services. Payment for Services will be made by a valid credit card accepted by Newsy, unless other payment arrangements have been made. You hereby authorize Newsy to charge your credit card for such amounts according to your service usage. Newsy reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Unless otherwise stated in your subscription agreement, the subscription can be canceled by you at anytime. No refunds are provided for unused service portion of the billing period following cancellation.
Responsibility of Website Visitors
Newsy has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Newsy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional Terms of Service, stated or unstated. Newsy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Newsy, the Website and all the sites hosted by Newsy links, and that link to Newsy, the Website and all the sites hosted by Newsy. Newsy does not have any control over those non-Newsy websites and webpages, and is not responsible for their contents or their use. By linking to a non-Newsy website or webpage, Newsy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Newsy disclaims any responsibility for any harm resulting from your use of non-Newsy websites and webpages.
Copyright Infringement and DMCA Policy
As Newsy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Newsy, the Website or any of the sites hosted on Newsy.co violates your copyright, you are encouraged to notify Newsy in accordance with Digital Millennium Copyright Act (”DMCA”) Policy. Newsy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Newsy or others, Newsy may, in its discretion, terminate or deny access to and use of the Website.
Intellectual Property
This Agreement does not transfer from Newsy to you any Newsy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Newsy. Newsy, Newsy.co, Newsy.co logo, and all other trademarks, service marks, graphics and logos used in connection with Newsy, or the Website are trademarks or registered trademarks of Newsy or Newsy's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Newsy or third-party trademarks.
Changes
Newsy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Newsy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms of Service of this Agreement.
Termination
You may terminate your account on Newsy at any time by contacting hello@newsy.co. There are no refunds for any fees paid. YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
Newsy may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, if you have a paid subscription plan or signed agreement with Newsy, such account can only be terminated by Newsy if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Newsy's notice to you thereof; provided that, Newsy can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Newsy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Newsy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Newsy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Newsy under this agreement during the twelve (12) month period prior to the cause of action. Newsy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Newsy Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Australia or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Newsy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Newsy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Newsy, or by the posting by Newsy of a revised version. The Agreement shall be governed by the laws of Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Sydney, New South Wales, Australia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Rights under this Agreement may be assigned to any party that consents to, and agrees to be bound by, its Terms of Service; Newsy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.




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