Terms and Conditions of Use
Last modified: December 6, 2012 (view archived versions)
1. Conditions and Restrictions on Use
2. Registration and Passwords
Registration is not required to browse www.newsinc.com. However, certain Services offered on NDN Sites, including the ability to provide content, customize your viewing page, build collections of content, create widgets and otherwise publish content made available through NDN Sites, and other personalized features, may require you to submit certain personal information, such as your name, birthdate and email address. When you submit such information on any NDN Site you represent that you are at least 13 years of age and that you have the authority to register with such site. When you register we may assign you a login ID/user name and request that you choose a password. You are responsible for maintaining the confidentiality of your login ID/user name and password.
3. User Content and User Conduct
Through the use of the Services, users may communicate with one another, submit information or content to be viewed by or shared with other users, or have access to information or content for publication on such user’s site. Any communication and/or submission(s) made on any NDN Site, including, but not limited to, any notes, reviews, bulletin board postings, ideas, suggestions, concepts, artwork, photographs and sound and video files data, text, messages, files, images, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, “User Content”) shall create a license to NDN for the User Content. By communicating or submitting User Content, you hereby grant NDN, without restriction and without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on NDN Sites, on third-party websites, on our broadcast and cable networks and stations, on mobile applications, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution. Your User Content will be treated as non-confidential and non-proprietary with respect to you. NDN shall be entitled to edit, move, or delete such User Content as NDN sees fit, and NDN shall have no obligation to use material submitted or make it available on any NDN Site.
NDN will not be liable in any way in connection with your User Content or use of the Services, including, but not limited to, any loss or damages of any kind as a result of your User Content or use of the Services.
Your User Content must strictly conform to the following guidelines:
- Your User Content must originate with you and be accurate and current, and you must have all requisite rights to use the User Content as set forth herein. Your User Content must not infringe any third-party rights, including, but not limited to, copyright, trademark, publicity, or privacy rights.
- Your User Content must not attempt to impersonate another user or person, and may not collect, use or disclose personally identifiable information.
- Your User Content must not use NDN Sites or Services to advocate or offer instructions as to illegal activities or to violate any applicable laws.
- You may not post User Content if you are under the age of 13.
- Your User Content must not be harmful to minors in any way.
- Your User Content must not advertise or solicit funds.
- Your User Content must not solicit passwords or personal identifying information for commercial or unlawful purposes.
- Your User Content must not involve the transmission of “junk mail” or “chain letters” or unsolicited mass mailing.
- Frame or display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Services and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities).
- Transmit files that contain viruses, spyware, adware, or other harmful code.
- Advertise or promote goods or services without our permission (including, without limitation, sending spam).
- Engage in unauthorized spidering, “scraping,” or harvesting content, contact or other personal information, or use any other unauthorized automated means to compile information.
- Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
4. Unsolicited Submissions
In an effort to avoid the possibility for future misunderstandings, NDN’s policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. Do not send any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials (“Unsolicited Submissions”). NDN’s policy is to delete any Unsolicited Submission without reading it or forwarding it to any NDN staff. Any similarity between an Unsolicited Submission and any elements in any NDN creative work, including, without limitation, any film, series, story, title or concept, would be purely coincidental. If any Unsolicited Submissions are sent to NDN, they shall become the property of NDN and shall be treated as User Content.
5. Downloading Material from NDN Sites
You are permitted to download, copy, duplicate or otherwise replicate content available on any NDN Site or through the use of the Services only if the materials specifically indicate they are available to download for your personal use. Note that most of our content is not available for download. You must not remove any notices, logos or other intellectual property, or credits on the downloaded materials or delete, add, or otherwise modify the content of any such downloaded materials, unless you have prior written permission from the content owner to do so.
6. Ownership of Materials on NDN Sites
In addition, any of the trade names, trademarks, service marks and logos (collectively referred to as “Trademarks”) that appear on NDN Sites are owned by NDN or others that have licensed their use to us. Trademarks will occasionally be added to NDN Sites. These may not be used in any manner without the prior written consent of their respective owners.
You are expressly prohibited from creating works or materials that derive from or are based on the Content or Trademarks. No rights, titles or interests in the Content or Trademarks are transferred to you through your use of NDN Sites or Services. Your right to display or use the Content is limited to the right to view the Content on NDN Sites or third-party websites and you are not permitted to copy, alter, edit or reproduce the Content.
7. Partner Sites / Linked Sites
NDN Sites and Services may provide links to other websites for your convenience and enjoyment. Please note that if you access other websites through such links you do so at your sole risk. NDN does not review, endorse, or control any content, advertising, products, services, or other materials on or available through those sites, nor is it responsible for any viruses, trojan horses, or other items of a potentially destructive nature that they may contain. Your correspondence or business dealings with advertisers, partners, or other third parties through any NDN Site or Service, including payment for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that NDN and NDN Sites will not be responsible or liable for any loss or damage of any sort arising out of any such dealings or as a result of the link to their sites on any NDN Site.
8. NDN Intellectual Property
NDN IS NOT RESPONSIBLE FOR YOUR USE OF ANY CONTENT FOUND ON OR THROUGH ANY NDN SITE OR SERVICE, INCLUDING, WITHOUT LIMITATION, ADVERTISING AND LINKS. BY USING ANY NDN SITE OR SERVICE YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. YOU AGREE THAT THE CONTENT AND SERVICES ARE OFFERED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
NONE OF NDN, NDN’S SITES OR ANY OF ITS PUBLISHERS’ RESPECTIVE VENDORS, AGENTS, LICENSEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES, SHALL BE LIABLE FOR ANY INJURIES, ACTIONS, CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS OR EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING AS A RESULT OF YOUR OR YOUR CHILD’S USE OF NDN SITES OR SERVICES. NDN MAKES NO GUARANTEE OF AVAILABILITY OF SERVICE AND IT RESERVES THE RIGHT TO SUSPEND, WITHDRAW, CHANGE OR DISCONTINUE ANY FUNCTIONALITY OR FEATURE OF NDN SITES OR SERVICES. NDN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF WE HAVE BEEN ADVISED OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES).
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF NDNS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY NDN, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER CONTENT).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
NDN reserves the right to monitor User Content by those who use NDN Sites and Services, but it is not obliged to do so. NDN disclaims any responsibility for the Content submitted by users on or through any area of NDN Sites including, without limitation, chat areas, bulletin boards, and email. NDN cannot and does not seek to limit the opinions and views of our users and such opinions and views, therefore, should not be taken to represent those of NDN.
NDN does not represent that the Content, Services and features on or offered through NDN Sites are appropriate or available for use in all countries.
NDN Sites and/or Services may be temporarily unavailable from time to time for maintenance or other reasons. NDN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications. NDN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to your or to any other person’s computer related to or resulting from participating or downloading materials in connection with any NDN Site or Service. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone’s use of any NDN Site or Service, any user content or third-party content posted on or through any NDN Site or made available through a Service or transmitted to users, or any interactions between users of any NDN Site or Service, whether online or offline. In no event shall NDN be liable to users or anyone else for any decision or action taken by them in reliance on information available on any NDN Site or Service.
10. Infringement, Regulatory or Other Legal Complaints
NDN is committed to respecting the intellectual property rights of others. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone downloading or posting materials, or otherwise using a NDN Site or Service in violation of applicable laws. If you believe that your proprietary rights, including copyright, have been infringed by any Content posted on any NDN Site or available through a Service, or if you have any other legal complaints, please notify NDN at email@example.com or via mail to News Distribution Network, Inc., Attn: General Counsel, 3445 Peachtree Rd. NE, Suite 1000, Atlanta, GA 30326.
If NDN receives such notice it will promptly respond to, remove, or disable access to, the material that is claimed to be infringing or to be the subject of any infringing activity. When notifying NDN of any claimed infringement, you must provide the following information:
- a physical or electronic signature of a person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
- a description of the work you claim has been infringed;
- a description of the work you claim to be infringing as well as information reasonably sufficient to permit us to locate the material;
- your address, telephone number and email address;
- a statement of your 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
- a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.