December 18, 2012
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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 Newsmax Offerings conditioned on your continued compliance with these Terms and Conditions.
In the event that you fail to comply with these Terms and Conditions, Newsmax shall be entitled to terminate this license granted to you with immediate effect and without notice, including removing your ability to access or use the Newsmax Offerings or any Purchase/Subscription Agreement or Other Agreement you may have. Newsmax reserves the right, at any time and in its sole discretion, (a) to block traffic or other access to the Newsmax Offerings, whether or not directly or through third party links or postings and (b) to block or remove your use of a link to the Newsmax Offerings.
Except as set forth herein, nothing in these Terms and Conditions is intended to confer any benefit on any third party (whether such benefit would have arisen under any applicable law or regulation or otherwise) and no term will be enforceable by any third party.
2. Intellectual Property Rights; Right to Use; Modification of Newsmax Offerings.
(a) The Newsmax Offerings, including their layout and design, are protected by United States trademark and copyright law and other applicable law and are the exclusive property of Newsmax or its licensors (except as otherwise identified) 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 Newsmax Offerings 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 Newsmax Offerings and in the selection, coordination, arrangement, aggregation and enhancement of the content of the Newsmax Offerings. Newsmax is entitled to use all such databases, Submissions (as defined in Paragraph 11, below) and User-Generated Content (as defined in Paragraph 11, below) for such purposes not inconsistent with these Terms and Conditions or any other of our agreements with you. You may, on an occasional and irregular basis, print and download materials and information from the Newsmax Offerings solely for personal and non-commercial use, or, only to the extent permitted by an Other Agreement, for internal business use, provided that you comply with these Terms and Conditions with respect to any copyright or other proprietary notices contained in such materials and information. All copyrights and trademarks not the property of Newsmax that are used or referred to in the Newsmax Offerings are the property of their respective owners, and may be subject to other or additional restrictions.
(b) If you believe that any of the Newsmax Offerings 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 Information page.
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(d) The components, data, and features of the Newsmax Offerings 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 the Newsmax Offerings or any part thereof.
3. Restrictions on Use of the Newsmax Offerings. YOU AGREE TO USE THE NEWSMAX OFFERINGS SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH IN THE NEWSMAX OFFERINGS. You may not and you hereby warrant and agree that you will not make any attempt to or, actually, use the Newsmax Offerings for any illegal purpose or in any manner inconsistent with these Terms and Conditions, any Purchase/Subscription Agreement or Other Agreement, or our RSS Policy (for the limited use of headlines and summaries), including (without limitation):
(a) To sell, resell or otherwise transfer or dispose to, or to be used by or for the benefit of, any other person or entity;
(b) To use, transfer, distribute, or dispose of any information contained in the Newsmax Offerings 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, reverse compile, 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, translate, or in any way use or exploit all or any part of the Newsmax Offerings (including, without limitation, to collect any information about other users of Newsmax Offerings, including registration information, passwords, accounts or other information; systematically to extract data contained in the Newsmax Offerings; or to post any content from the Newsmax Offerings to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites), except that you may, on an occasional and irregular basis, print and download material from the Newsmax Offerings, provided that you retain all copyright and other proprietary notices and comply in all respects with these Terms and Conditions or our RSS Policy;
(d) To use the Newsmax Offerings 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;
(e) To upload, post or send any information or content that (i) is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable, (ii) constitutes or is comprised of any commercial, promotional, or solicitation information or (iii) as more fully described in Paragraph 11(e), infringes on the rights of others, including (without limitation) intellectual property rights, rights of publicity or privacy, etc.;
(f) To harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
(g) To disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
(h) To purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
(i) To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(j) To express or imply that any statements you make are endorsed by us;
(k) To remove any copyright, trademark or other proprietary rights notices contained in the Newsmax Offerings;
(l) To disrupt, impair or interfere with the Newsmax Offerings; and
(m) To improve the quality of any data sold or contributed by you to any third party.
Newsmax reserves the right to deny access to users of the Newsmax Offerings at any time and in its sole discretion, including users who repeatedly infringe the rights of other users or commit illegal acts or violate these Terms and Conditions. We may investigate into, deny, restrict or suspend your access to all or any part of the Newsmax Offerings at any time, without warning for any or no reason (including, without limitation, if you do any of the foregoing things), with or without prior notice or explanation, and without liability – and even take legal action if needed. If you believe that someone is using any of the Newsmax Offerings in violation of the above restrictions, please follow the steps described on Newsmax’s Contact Information page.
5. RSS Policy. Newsmax offers free headlines for personal, non-commercial use via Really Simple Syndication (RSS 2.0) (“RSS”) and via code provided to third party sites that request to join the Newsmax Feed Network (collectively with RSS, the “Feeds”). The Feeds make for easy sharing of news headlines and summaries for use in your favorite personal home page, news readers and Web logs (blogs). These Feeds include links to the most recent articles found on Newsmax.com and affiliated websites, and they update automatically.
(a) To use our news feeds, you will need a RSS news reader or personalized home page such as AOL, Google, MSN, or Yahoo!. You can find a list of news readers here.
(b) When using the Feeds in accordance with these Terms and Conditions, we ask that you provide attribution to Newsmax.com or the relevant affiliated website.
(c) Any uses of the Feeds not granted herein are strictly prohibited. Prohibited uses include, but are not limited to, the incorporation of advertising or the placement of advertising associated with or targeted at the content of the Feeds. You may not edit or modify the Feeds in any manner whatsoever. Feeds may be used only with platforms with a functional link which takes the viewer directly to the full article on the Sites. You may not insert any intermediate page, splash page or any other content between the Feed link and the applicable article on the Sites. Newsmax retains all ownership and other rights in the Feed content and in any and all Newsmax logos and trademarks used in connection with the Feeds.
Newsmax reserves the right to cease offering any or all of the Feeds at any time or to require you to cease distributing any or all of the Feeds at any time for any reason. Newsmax assumes no liability for your activities in connection with the Feeds or for your use of the Feeds in connection with your website.
6. Assumption of Risk. You use the Internet and the Newsmax Offerings solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Newsmax has endeavored to create secure and reliable websites, 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 in the Newsmax Offerings, or for the consequences of any reliance on such information.
7. 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, or whether those websites comply with applicable laws and regulations. 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. By accessing those websites, you may be bound by their terms and conditions. You will need to make your own independent judgment regarding your interaction with these third party websites and may wish to review their terms and conditions.
8. 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, power outages or third party service providers, 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 ACKNOWLEDGE THAT NEITHER NEWSMAX NOR ITS THIRD PARTY PROVIDERS CONTROL YOUR EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES PROVIDED HEREUNDER MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES, INCLUDING SEARCH ENGINES. NEWSMAX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
9. DISCLAIMERS. Newsmax obtains all information furnished on or provided by the Newsmax Offerings 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 Newsmax Offerings and all related materials, 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, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE NEWSMAX OFFERINGS OR ANY RELATED MATERIALS, SERVICES OR INFORMATION. Newsmax makes no representation that materials in the Newsmax Offerings 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 any of the Newsmax Offerings 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 Newsmax Offerings 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 NEWSMAX OFFERINGS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE NEWSMAX OFFERINGS ARE UNAVAILABLE. MOREOVER, NEWSMAX MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE NEWSMAX OFFERINGS, OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE NEWSMAX OFFERINGS AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE IN THE NEWSMAX OFFERINGS.
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 OR INDIRECT DAMAGES BASED ON YOUR USE OF THE NEWSMAX OFFERINGS. Newsmax is not liable for any damage arising from any infection by computer viruses, Trojan Horses and other malicious code which may result from your use of the Newsmax Offerings, so you should ensure that you use adequate, up to date, anti-virus software. Newsmax also assumes no responsibility or liability arising from the Newsmax Offerings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Newsmax Offerings. In addition, although we make a good faith effort to update the Newsmax Offerings periodically, we do not have a duty to update information contained in the Newsmax Offerings, and we will not be liable for any failure to update such information.
10. Indemnity. You agree to indemnify, defend 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 Newsmax Offerings or any breach by you of these Terms and Conditions.
11. User Materials. Newsmax recognizes that you may choose to contact Newsmax and to use the Newsmax Offerings to contact Newsmax or other Newsmax Offerings users. You hereby acknowledge and agree that the following shall govern your contact of and communications with Newsmax, including your use of the Newsmax Offerings in that way:
(a) For the purposes hereof, (i) “Submissions” shall include any ideas, suggestions, information, know-how, material, or any other content, however received for the Newsmax Offerings from you, whether or not sent privately or by electronic transmission; and (ii) “User-Generated Content” shall include whatever you submit, send, transmit or post (collectively, “post”) if you have registered on any of the Newsmax Offerings using secure passwords in order to make any such post; and (iii) all of such “Submissions” and “User-Generated Content,” as individual items (or any part thereof) and collectively (including in any combination), including with other users’ materials, shall be deemed “User Materials” for purposes hereof;
(b) With respect to all User Materials, (i) you will be deemed to provide a worldwide, paid-up, royalty-free, perpetual, irrevocable, nonexclusive right and license, including right of sublicense, for Newsmax, without limitation, to adopt, publish, reproduce, disseminate, transmit, distribute, perform, reformat, copy, use, create updates, analyses or other derivative works of, publicly display or broadcast (in whole or part), or act on such User Materials and all ideas, suggestions or know-how provided therein, for any purpose, without consideration, in any form, media, or technology now known or later developed, and (ii) with respect to all of the foregoing, you hereby waive any right to attribution or droit morale;
(c) Newsmax shall not be liable for any failure to store or display User Materials at any time;
(d) All User Materials you send or post will be accessible by Newsmax, you, and any other users who are entitled to similar privileges; that Newsmax does not pre-screen User Materials; that by accessing or using the Newsmax Offerings, you may be exposed to User Materials sent or posted by others that you may perceive as offensive or otherwise objectionable; and that no User Materials you send or post 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;
(e) With respect to all User Materials you send or post on any of the Newsmax Offerings: you are solely responsible; you assume all risks associated with its use, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information contained therein that makes you personally identifiable; and you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to that User Materials, including all the rights necessary for you to license, sublicense, and send or post any such User Materials;
(f) Notwithstanding anything contained herein to the contrary, Newsmax does not and cannot review User Materials and is not responsible for the content of User Materials; provided that, notwithstanding the foregoing, Newsmax may, but is not required to, accept, display or use any or any part of the User Materials; may remove any User Materials from the Newsmax Offerings for any reason without notice in its sole discretion; and shall not be liable for any failure to store or display User Materials at any time;
(g) You acknowledge and agree that you will receive no compensation for any use (including for online or offline promotional purposes) by Newsmax of, or ideas, suggestions or know-how you provide in, your User Materials, and hereunder grant us full right to use, display and publish all of the foregoing, consistent with the terms hereof; and
(h) If you believe that any User Material 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 Information page.
12. Governing Law; Jurisdiction; Venue. Except as provided in Paragraph 13, these Terms and Conditions, including (without limitation) any disputes relating to the Newsmax Offerings, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of Florida, without reference to its conflict of law principles. Any litigation arising out of or connected in any way with any claim of infringement of copyrights or other intellectual property rights regarding the Newsmax Offerings 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 the foregoing.
13. Dispute Resolution. Except as provided in Paragraph 12 or as specifically provided otherwise in a Purchase/Subscription Agreement or Other Agreement, any dispute, controversy or claim you may have arising out of or relating to these Terms and Conditions, including any disputes relating to the Newsmax Offerings, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator 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, Fla. The decision of the arbitrator 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 arbitrator determines. 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 relief from a court of law in the event of a breach by you of these Terms and Conditions.
14. Term, Termination, Amendments. These Terms and Conditions will take effect when you first commence using any of the Newsmax Offerings, whether or not you enter into any Purchase/Subscription Agreement or Other Agreement. Newsmax reserves the right at any time and for any reason to deny you access to the Newsmax Offerings or any portion thereof. Termination will be effective without notice. Please note that Newsmax reserves the right to change these Terms and Conditions without notice. If a change is implemented by a posting on the Newsmax Offerings, it shall be deemed to take effect when posted. Your continued use of the Newsmax Offerings following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
15. Waiver. Failure to insist on strict performance of any 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 Newsmax Offerings.
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.
18. Entire Agreement/Reservation of Rights. Your rights to use certain material available on or through the Newsmax Offerings may be subject to separate digital or written agreements with Newsmax (“Other Agreements”), including, but not limited to, any subscription or purchase agreement you enter into in connection with any services or materials to be provided by Newsmax (a “Purchase/Subscription Agreement”). Particular pages or features of the Newsmax Offerings with content supplied by Newsmax or its licensors may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. The Purchaser/Subscriber Terms and Conditions set forth Newsmax’s practices regarding special enrollment and other offerings available by the Newsmax Offerings and you should refer to it for those terms it governs.
19. Contact Information. If you would like to contact Newsmax, you can reach us at:
(a) Customer Service/Editorial Departments please Click Here