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TERMS OF SERVICE

  1. ACCEPTANCE
    1. Welcome to Newsonia.com. By using or visiting Newsonia.com website and its related sites or any Newsonia software, data feeds, services and tools provided to you on, from, or through the Newsonia.com website (hereinafter collectively referred to as the "Service") you signify your agreement to (a) these terms and conditions (hereinafter referred to as the "Terms of Service"), (b) Newsonia's Privacy Policy. If you do not agree to any of these terms, or the Newsonia’s Privacy Policy please do not use the Service.
  2. SERVICE
    1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on and purchasers of the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, reports, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Newsonia, including but not limited to all products, software and services offered via the Newsonia.com website, such as the Newsonia "Embeddable Player," the Newsonia "Uploader", Newsonia mobile applications and other applications.
    2. The Service may contain links to third party’s websites that are not owned or controlled by Newsonia.com. Newsonia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party’s websites. In addition, Newsonia will not and cannot censor or edit the content of any third-party’s site. By using the Service, you expressly relieve Newsonia from any and all liability arising from your use of any third-party website.
  3. NEWSONIA ACCOUNT
    1. In order to access some features of the Service, you will have to create a Newsonia Account. You may never use another's account without permission. When creating your account, all provided information must be accurate and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. In case of any breach of security or unauthorized use of your account you must notify Newsonia immediately. Newsonia will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Newsonia or others due to such unauthorized use.
  4. ACCOUNT TERMINATION POLICY
    1. Newsonia will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. Repeat infringer is a user, who infringes any rules of the Terms of Service hereto, two times.
    2. Newsonia reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, unlawful, other immoral purposes, spreading hate or discrimination, defamation or victimization against other people, societies, cultures or excessive length. Newsonia may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
  5. GENERAL USE OF THE SERVICE
    1. As a registered user you can upload, stream, and download Contents to Newsonia, and use the Service.
    2. For the use of Service you have to register an account and transfer a fee, in line with FEES AND SERVICE.
    3. You agree not to alter or modify any part of the Service.
    4. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means Newsonia may designate.
    5. You agree not to use the Service for any of the following commercial uses unless you obtain Newsonia's prior written approval:
      1. the sale of access to the Service;
      2. the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
      3. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Newsonia appears on the same page and is of sufficient value to be the basis for such sales.
    6. Prohibited commercial uses do not include:
      1. uploading an original video, report, photo, or graphic to Newsonia to promote your business or artistic enterprise;
      2. showing Newsonia videos, reports, photos, or graphics through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section V. 5.; or
      3. any use that Newsonia expressly authorizes in writing.
    7. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Newsonia website.
    8. If you use the Newsonia Uploader, you agree that it may automatically download and install updates from time to time from Newsonia. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Newsonia to deliver these to you) as part of your use of the Uploader.
    9. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Newsonia servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
    10. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
  6. YOUR USE AND CONTENT
    1. The Content on the Service, and the trademarks, service marks and logos on the Service are owned by or licensed to Newsonia, subject to copyright and other intellectual property rights under the law.
    2. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
    3. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Newsonia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Newsonia with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Newsonia, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
    4. As a Newsonia account holder you may submit Content to the Service, including text, software, scripts, graphics, photos, sounds, music, videos, reports, and user comments. You understand that Newsonia does not guarantee any confidentiality with respect to any Content you submit.
    5. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Newsonia all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
    6. You further agree that Content you submit to the Service will not contain third party’s copyrighted material, or material that is subject to other third party’s proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Newsonia all of the license rights granted herein.
    7. Newsonia does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Newsonia expressly disclaims any and all liability in connection with Content. Newsonia does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Newsonia will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Newsonia reserves the right to remove Content without prior notice.
    8. You agree to not use the Newsonia Services to:
      1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. harm minors in any way;
      3. impersonate any person or entity, including, but not limited to, a Newsonia official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Newsonia Service;
      5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (hereinafter referred to as "Rights") of any party;
      7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
      8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Newsonia Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
      10. interfere with or disrupt the Newsonia Services or servers or networks connected to the Newsonia Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Newsonia Services, including using any device, software or routine to bypass our robot exclusion headers;
      11. intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange,
      12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
      13. "stalk" or otherwise harass another; and/or
      14. collect or store personal data about other users in connection with the prohibited conduct and activities.
    9. You acknowledge, consent and agree that Newsonia may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Newsonia, its users and the public.
  7. FEES AND SERVICES
    1. Joining Newsonia is free. We do charge fees for using other services, such as downloading certain videos, reports, audiovisual combinations. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least 7 days' notice by posting the changes on the Newsonia.com site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
    2. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
  8. LIMITATION OF LIABILITY
    1. You expressly understand and agree that Newsonia and its officers, directors, managers, employees or agents, as well as its subsidiaries, affiliates, partners and licensors shall not be held liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages resulting from any (a) errors, mistakes, or inaccuracies of content (b) personal injury or property damage of any nature resulting from your access to and use of Newsonia’s services (c) the cost of procurement of substitute goods and services (d) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein (f) any interruption or cessation of transmission to or from our services, (g) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through Newsonia’s services by any third party, (h) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
    2. You furthermore understand and agree that the Newsonia’s website is venue to allow anyone to offer, sell, and buy videos, photos, reports at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. The Newsonia is not involved in the actual transaction between buyers and sellers. You acknowledge that the Newsonia is not a traditional auctioneer.
    3. Since Newsonia does NOT require a written model release for each item of the Contents that has identifiable people on it, Newsonia cannot guarantee that you will be able to use the Content for any purpose you like. Also, if there is a model release for the Content, we do not represent or make warranties whatsoever as to the legality or validity of it.
    4. The Newsonia does not transfer legal ownership of items from the seller to the buyer.
  9. WARRANTY DISCLAIMER
    1. You expressly understand and agree that your use of the Newsonia’s services and software shall be at your sole risk. The Newsonia and its officers, directors and managers, employees, agents, subsidiaries, affiliates, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    2. The Newsonia and its officers, directors and managers, employees, agents, subsidiaries, affiliates, partners and licensors make no warranties or representations that (a) the Newsonia’s services or software will meet your requirements; (b) the Newsonia’s services or software will be uninterrupted, timely, secure or error-free.
    3. The Newsonia does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the services and or any hyperlinked services an and the Newsonia does not warrant for the quality of any products, services, information or other material purchased or obtained by you through the Newsonia services or software.
    4. The Newsonia will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment you should use your best judgement and exercise caution where appropriate.
    5. Any material downloaded, purchased or otherwise obtained through the use of the Newsonia services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
    6. The Newsonia furthermore assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Newsonia’s services, (c) any unauthorized access to or use of the Newsonia’s secure servers and any personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.
    7. Nothing in this Term of Service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
  10. INDEMNITY
    1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Newsonia, its parent corporation, officers, directors and managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (a) your use of and access to the Service, (b) your violation of any term of these Terms of Service, (c) your violation of any third party’s right, including without limitation any copyright, property or privacy right; (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
  11. CONTENT AND CONDUCT
    1. As a Newsonia account holder you may submit Content to the Service, including videos, reports, photos, graphics, and user comments. You understand that Newsonia does not guarantee any confidentiality with respect to any Content you submit.
    2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Newsonia all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
    3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Newsonia, you hereby grant Newsonia a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Newsonia 's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each purchasing user of the Service a non-exclusive, or exclusive license to access your Content through the Service, and to stream and/or download such Content as permitted through the functionality of the Service and under these Terms of Service.
    4. The above licenses granted by you in respect of the Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Newsonia may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
    5. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Newsonia all of the license rights granted herein.
    6. Newsonia does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Newsonia expressly disclaims any and all liability in connection with the Content. Newsonia does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Newsonia will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Newsonia reserves the right to remove Content without prior notice.
  12. DIGITAL MILLENIUM COPYRIGHT ACT
    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. A statement that you have a 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
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      7. Your address, telephone number, and email address
    2. Newsonia's designated Copyright Agent to receive notifications of claimed infringement is ……… … ……… …, email: ……………., fax: …………….. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section VI.3., your DMCA notice may not be valid.
    3. Counter - Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
      1. Your physical or electronic signature;
      2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      4. Your name, address, telephone number, and e-mail address.
    4. If a counter-notice is received by the Copyright Agent, Newsonia may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Newsonia's sole discretion.
  13. ABILITY TO ACCEPT THE TERMS OF SERVICE
    1. You affirm that you are more than 18 years of age, or an emancipated minor, or posses legal parental guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
  14. ASSIGNMENT
    1. These Terms of Service, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Newsonia without restriction.
  15. GENERAL
    1. These Terms of Service, together with the Privacy Policy and any other legal notices published by Newsonia.com on the Service, shall constitute the entire agreement between you and Newsonia concerning the Service.
    2. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. Newsonia reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
    3. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  16. CONTESTS
    1. Apple is not a sponsor of, nor involved in any way with, the contests and promotions on this page.
    2. HESE PROMOTIONS ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC. (“FACEBOOK”) OR APPLE, INC. (“APPLE”). YOU ARE PROVIDING YOUR INFORMATION TO NEWSONIA AND THE APPLICABLE THIRD PARTY PROMOTION SPONSOR AND NOT TO FACEBOOK OR APPLE.