March 9, 2021
IF YOU SIGN UP FOR THE SERVICE, THE NEWSTRACKERS SERVICE IS A CONTINUOUS SERVICE AGREEMENT. YOU WILL BE BILLED EACH MONTH OR ANNUALLY UNTIL YOU AFFIRMATIVELY CANCEL THE SERVICE. YOU MAY CANCEL THE SERVICE BY EMAILING INFO@NEWSTRACKERS.COM OR VISITING HTTPS://NEWSTRACKERS.COM/ACCOUNT.
If you agree to be bound by these Terms, you should check the box indicating your agreement to these Terms on the registration page for the Service. If you do not agree to be bound by these Terms, you should not check the box, but you will not be able to proceed with the registration process for the respective Service. To the extent you have access to, or are using, the Service without having completed our registration process this service and any of its contents made available to you hereunder, is subject to the terms and conditions of these Terms. By subscribing to the service, using the service in any way, or accepting any related services from Newstrackers, you agree that you: (1) have read and understand these terms, (2) have the capacity and authority to enter into it; and (3) are bound by all of its terms and conditions, or have the ability to bind your organization, if the organization is engaging Newstrackers for the Service.
1. Changes to Terms
Newstrackers may change these Terms at any time. A notification of such change(s), as well as the revised Terms itself, will be typically posted on the website and e-mailed. You will be responsible for regularly checking the website and your e-mail, and for reviewing any changes to the Terms. By using the Service after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
2. Registration for Service(s)
If you access the Service using a username and a password, you are solely responsible for maintaining the confidentiality of your login credentials. Your password is for your personal use only, and you must treat your username and password as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree to not provide any other person with access to the Service or portions of the Service.
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY NEWSTRACKERS (USING THE E-MAIL ADDRESS OR LINK LISTED BELOW UNDER “CUSTOMER SERVICE AND PRODUCT SUPPORT”) OF ANY UNAUTHORIZED ACCESS, USE OF YOUR USERNAME AND PASSWORD, OR ANY OTHER BREACH OF SECURITY. Newstrackers cannot and will not be liable for such unauthorized access and breach of security, and you agree to indemnify Newstrackers for any loss or damage arising from your failure to comply with these obligations. In addition, if you provide someone else with access to the Service, they will have the ability to view information about your account and make changes through the website for the Service, including charge services to your account and payment information. You agree to notify us promptly if you change your billing and payment information, and email address so we can continue to contact you and send any notices required hereunder. If you are required to select a password to access or use the Service, you may then modify that password at any time as often as you like. You may not select any password that violates any third party’s rights or is offensive, improper, or inappropriate. If Newstrackers determines in its sole discretion that any password you select is inappropriate for any reason, Newstrackers may delete that password and/or limit or terminate your access to the Service.
3. Use of this Service
Subject to these Terms, Newstrackers grants you a revocable, non-transferable, non-exclusive right to use those portions of the Service, to which you are granted access but only for your own personal, noncommercial use and not for any use on behalf of any third party. Your Service is personal to you, and you may not transfer or share your Service with another person and your username and password shall not be simultaneously used through multiple logins and you agree to be responsible for any such use of the Service.
Subject to the terms of this Agreement, you may download or print hard copies of information from the Service or portions thereof but only in connection with your own personal, noncommercial use and not on behalf of any third party. You must not remove the copyright notices.
Newstrackers has the right, at any time without notice, to: (i) revoke or limit your license to use the Service (or any portion of it); and (ii) change or discontinue providing the Service (or any portion thereof). Newstrackers has no obligation to update the Service or to correct any errors or omissions that might be contained in it.
4. Limitations on Use.
Only one individual may access the Service at the same time using the same username or password, unless we agree otherwise. You will not use the Services for any unlawful purpose.
The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising, information, data, copyrights, and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. You may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, with the following exceptions:
–You may occasionally distribute a copy of an article, or a portion of an article, from the Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service.
–You may occasionally use our service to e-mail an article from the Service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from the Service.
–While you may occasionally download and store articles from the Service for your personal use, you may not otherwise provide others with access to such articles. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others.
You shall not:
(i) copy, distribute, modify, adapt, alter, translate, sell, lease, license, sublicense, otherwise transfer, or make derivative works of any content, information or media provided through the Service, in whole or in part;
(ii) reverse engineer, decompile, disassemble, decode, adapt, otherwise attempt to gain access to the Services, except as provided by these Terms
(iii) remove any proprietary notices from the content, information or media.
(iv) use the Services on a service Bureau basis, or commercially publish any of the content, information or media provided through the Service.
(v) rearrange or modify the Content available through the Service, or alter the way the Service is displayed, rendered, or transmitted. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by these Terms. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spiders or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
(vi) You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol, etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
(vi) as a general rule, you may not use the Content in any commercial product or service, without our express written consent.
(vii) You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for the Service.
(viii) Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate these Terms.
5. Fees and Payments
You must be 18 years of age or older to purchase the Services or receive any other content, product, or service offered by us through the Services. If you are less than 18 years of age please don’t use the Service. You agree to pay the Service fees and any other charges incurred in connection with your account for the Service (including any applicable taxes). If your Service includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions. We will bill all charges automatically to your credit card or other electronic payment method you provide. Service fees will be billed at the beginning of your Service and at the interval you select. As a general matter, all fees and charges are non-refundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. You are responsible for any fees or charges incurred to access the Service through an Internet access provider or other Third Party service.
6. Term and Cancellation
These Terms shall remain in full force and effect while you use the Services. Your Service will continue until it is cancelled in accordance with this Section. Unless otherwise specifically stated, the term of the Services is perpetual, until canceled. However, for annual subscriptions, we will notify you of the pending renewal of your Service at least 30 days prior to the date your Service renews, except as otherwise required by law. For all subscriptions, you must cancel your Service at least thirty days before the end of a billing period in order to avoid billing of Service fees for the next billing cycle to your credit card unless you pay by check. We may cancel your Service at any time upon notice to you. You may cancel your Service prior to any billing cycle by providing notice at least 30 days before the effective date of the start of the next billing cycle (subscriptions billed annually or monthly and may require termination at the end of a calendar month). No refunds of any fees, unless Newstrackers accidently charges you after proper termination consistent with this Section 6.
Fees on credit-card transactions are authorized immediately, but not actually processed until any applicable limited time free trial period has expired (if applicable). Fees will be based upon the Service rates in effect at the date of billing the Service fees and apply whether or not you actually use the Service during that term. You can always find the current retail Service rates by reviewing the few schedule for the Service.
Newstrackers reserves the right to change the fees it charges for the Service at any time, including any optional products. These sorts of changes include, but are not limited to, adding fees for new/optional features and/or modifying fees for existing features or Content forming the Service. By using any of the products or features, with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your Service, as set forth below. For absence of doubt, if Newstrackers increases the base Service fee at some point during your then-current billing cycle, that increased fee will only apply to you upon the next billing cycle.
Service fees and all other fees and charges associated with your Service s (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the Service (“your credit card”). If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to Newstrackers, and if we do receive such information, it will be treated by Newstrackers as if it were originally furnished by you. To learn more about this pass-along service being provided by your credit card issuer, please contact it directly.
You must promptly notify Newstrackers — if any information you provided to us related to your credit card — for instance, your billing address — changes or is no longer valid for any reason. Absent such notification, Newstrackers will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any billing cycle of that Service. If any Service fees or other charges billed to your credit card are declined for any reason, Newstrackers shall have the right to suspend your Service until such fees or other charges are paid in full. You agree to pay all costs (including attorneys’ fees) incurred by Newstrackers in collecting any unpaid fees or other charges from you. To notify Newstrackers, please either reach out to us at firstname.lastname@example.org.
If you cancel your Service during your free trial period, you will not be responsible for the payment of a Service fee. However, except as otherwise provided herein, if you cancel your Service at any time after your trial period expires, your Service will continue in effect until the next monthly anniversary of the effective date of your paid Service. (For example, if your paid Service start date is on January 1 and you cancel it on June 15, your Service remains in effect until July 1, at which time it ends.)
Newstrackers may at any time immediately cancel your Service, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this Agreement; or (ii) your use of or access to the Service or any other portion of the Service violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing any portion of the Service. Upon such cancellation, you will have no further right to access or use any portion of the Service. None of the foregoing limits any other legal, equitable, or contractual rights available to Newstrackers.
Newstrackers may, in its sole discretion, choose not to continue your Service by sending a notice of cancellation at any time during your Service term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it, or the e-mail address provided by you continues to be valid. In the event of such a notice, your Service will cease.
If you purchased the Service via a third party In-App Purchase (IAP) mechanism, then, subject to applicable law, you may only cancel your Service through such third party. Please direct all questions regarding the status of your account to third party.
7. Ownership and Copyright
You acknowledge and agree that the Service (including, without limitation, all information contained in or associated with it) is owned by Newstrackers and/or its third party content providers (“Content Providers”) and is protected by international copyright and other intellectual property laws. You further acknowledge and agree that the Service contains certain proprietary data and information of Newstrackers and its Content Providers, that you will not use the data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Each Content Provider is a third-party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Agreement.
Newstrackers and the related logos are trademarks of Newstrackers. You will not use or allow any third party to use any of Newstrackers’ marks, including but not limited to the foregoing, without Newstrackers’ prior express written consent.
8. Availability of Service through other Platforms; Third Party Payment Services.
If you access the Service through a mobile application or other type of third party platform, the applicable End User License Terms for the mobile service through which you downloaded the mobile application may apply in addition to these Terms and you agree that you are subject to such application or platforms terms in addition to these Terms.
9. Third-Party Web Sites, Links, and Information
10. User Generated Content.
You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations, and we do not endorse any recommendation or opinion made by any user. We do not and cannot routinely review, screen, or edit, User Content, and as a result some User Content may be misleading, deceptive or incorrect. To the extent the Service involves User Content, you understand and agree that Newstrackers makes no representations or warranties with respect to any such portion of the User Content or with respect to any messages, information, or materials contained in it. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense, and that Newstrackers has no responsibility or liability for any such User Content or their use. We do reserve the right to monitor or remove any User Content from the Services at any time without notice, in our sole discretion and without notice to you. We may also remove any personalized materials, or content that is included with or stored in your user profile or account.
If you upload, post or submit any User Content on the Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any laws or the rights of any person. In addition, to the extent that you upload User Content, you covenant that you will: (a) comply with the Newstrackers policies promulgated by Newstrackers from time to time; (b) be solely responsible for any messages, information, and materials provided by you or through another user making use of your password; (c) not advertise or offer to sell goods or services of any kind as part of the User Content; and (d) not upload, post, publish, or transmit any messages, information, or materials that (i) restrict or inhibit any other user from accessing, using or enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (iv) violate or infringe the rights of Newstrackers or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (v) constitute or contain false or misleading indications of origin or statements of fact, (vi) contain software or any other commercial materials or information, or (vii) contain any viruses or other harmful component.
You agree that upon uploading, posting or submitting information on the Services, you grant Newstrackers, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, unlimited, license (with the right to sublicense) to use, copy, modify, distribute, publicly perform, display, translate, adapt, reproduce, and create derivative works from your User Content in any and all media or technology, now existing or developed in the future, in any manner, in whole or part, with or without attribution, without any duty to compensate you. You waive all moral rights you may have in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. You also grant us the right to authorize the use of User Content, or any portion thereof, by other users in accordance with the terms and conditions of these Terms, including the rights to feature your User Content specifically on the Services and to allow other users to quote or cite directly your User Content as part of their User Content. You agree that you indemnify us for any claim against us arising from any User Content you create.
11. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
THIS SERVICE IS PROVIDED “AS IS” AND “AS-AVAILABLE” WITH ALL FAULTS. NEWSTRACKERS AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. NEITHER NEWSTRACKERS NOR ANY OF ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. NEITHER NEWSTRACKERS NOR ANY OF ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SERVICE.
NEWSTRACKERS, ITS AFFILIATES, ITS CONTENT PROVIDERS, AND LICENSORS, AND ANY PERSON OR ENTITY THROUGH WHOM NEWSTRACKERS MAKES THE SERVICE AVAILABLE (INCLUDING FOR ANY OF THE FOREGOING, THE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, AND SUPPLIERS) (COLLECTIVELY THE “NEWSTRACKERS PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY NEWSTRACKERS (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NEWSTRACKERS AND ITS CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, AND THE USE OF, OR RELIANCE ON, THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED $1,000.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, NEITHER NEWSTRACKERS NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF NEWSTRACKERS OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Newstrackers, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Service; (ii) your breach of this Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Service (including, without limitation, in any portion of the Newstrackers Community (as defined below) that may be made available as part of the Service).
13. Terms to Arbitrate.
The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to these Terms or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the in Wilmington Delaware. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org . You agree that by entering into these Terms, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into these Terms, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in Section 15 below, Delaware law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. These Terms to arbitrate shall survive termination of these Terms. This arbitration Terms does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Unless you and we agree otherwise, the arbitration will take place win Wilmington Delaware. For claims of $10,000 or less, you can choose whether you would like arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person, or by phone.
14. Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the State of Delaware. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware, U.S.A., for any action or proceeding arising under or relating to this Agreement, the Service, or the use of, or reliance on this Service, whether based in contract or tort or otherwise. Each party expressly waives the right to trial by jury.
15. Waiver of Class Action
Except as otherwise specifically prohibited by applicable law, all disputes arising from or related to this Agreement, a party’s performance hereunder or any of its acts or omissions (or any of the acts or omissions of any of its agents) will be adjudicated on an individual basis and not in a class or representative action or as a member of a class, mass, consolidated or representative action, irrespective of the forum in which they are heard. Any claim asserted by a party hereunder shall not be joined for any purpose with the claim or claims of any other person or entity, unless both parties specifically agree to the joinder of individual actions.
16. Entire Agreement
This Agreement constitutes the entire agreement between you and Newstrackers regarding the subject matter hereof and supersedes any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
To the maximum extent possible, each provision in this Agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.
18. Miscellaneous. We may discontinue or change the Services, or their availability to you, at any time. These Terms is personal to you, which means that you may not assign your rights or obligations under these Terms to anyone. Except as specifically stated in these Terms, no third party is a beneficiary of these Terms. Our failure to enforce any provision of these Terms or to respond to a breach by you or other parties of these Terms shall not in any way waive our rights to subsequently enforce any term or condition of these Terms. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.