News Deeply Terms of Service

These Terms of Service (“Terms”) create a legally binding agreement between you and News Deeply, Inc. (“News Deeply”). These Terms, together with our Privacy Policy located at www.newsdeeply.com/privacy. govern your access to and use of the our website at www.newsdeeply.com (the “Site”), and our news reporting and related services. To make these Terms easier to read, the Site and these services are collectively called the “Services.” Your access to and use of the Services is conditioned on your compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

  1. Privacy

    Any personal information that you provide to News Deeply is subject to our Privacy Policy, which governs our collection and use of your personal information.

  2. Use of the Services

    You are responsible for your use of the Services, for any posts you make, and for any consequences thereof. Any Content you submit, post, or display are public and may be viewed by other users of the Services and News Deeply’s licensees. You should only provide Content that you are comfortable sharing with others under these Terms.

  3. Who May Use the Services?

    1. Eligibility. You may only use the Services if you are 13 years or older and are not barred from using the Services under applicable law.

    2. Registration and Your Information. If you want to use certain features of the Services (such as reading long form articles and participating in webinars) you’ll have to create an account (“Account”). Additionally, to comment on our blog posts hosted by Medium (www.medium.com), you may need to create an account with Medium; your use of Medium to interact with our blog posts is governed by Medium’s terms as well, available at www.medium.com.

    3. Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

  4. Changes to Terms or Services

    We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms then you may not use the Services anymore. The Services that News Deeply provides are always evolving and the form and nature of the Services that News Deeply provides may change from time to time without prior notice to you. News Deeply may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

    The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by News Deeply on the Services are subject to change. In consideration for News Deeply granting you access to and use of the Services, you agree that News Deeply and its third-party service providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

  5. Feedback

    We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

  6. One-Time Payments and Subscriptions. News Deeply may require payment of a fee for use of the Services (or certain portions thereof). You may have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use.

    1. General. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction.

    2. Subscriptions. If you purchase a Subscription, you will be charged a Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and then automatically at the beginning of each applicable subscription period (e.g., monthly, annually etc.) (“Subscription Period”) thereafter, at the then-current Subscription Fee using the Payment Information you have provided, until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or News Deeply. Your Subscription will continue until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

    3. Cancelling One-Time Payment or Subscription. You may request to cancel a Transaction and obtain a full refund within ten (10) calendar days after you pay your One-Time Payment or the first Subscription Fee and we may honor such request. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason, and if we do so, we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription Period and you will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription Period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel a Subscription, you can send an email to [email protected].

  7. Your Content

    1. Definitions. For purposes of these Terms: (I) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (II) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

    2. Your Content Rights and Granted License. You retain your rights to any User Content you submit, post or display on or through the Services and you are responsible for protecting those rights. By submitting, posting or displaying User Content on or through the Services, you confirm that you have all necessary rights to the submitted User Content and grant us and our third-party service providers and partners a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for News Deeply to make such User Content available to other companies, organizations or individuals who partner with News Deeply for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. You agree that no compensation will be paid or due to you or any third party with respect to the User Content that you submit, post, transmit or otherwise make available through the Services, even if used by other companies, organizations or individuals who partner with News Deeply.

    3. Your Responsibility. You are responsible for your use of the Services, for your User Content, and for any consequences thereof, including the use of your User Content by other users and our third-party service providers and partners. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by News Deeply on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You understand that your User Content may be rebroadcasted by our partners and if you do not have the right to submit User Content for such use, it may subject you to liability. News Deeply will not be responsible or liable for any use of your User Content by News Deeply in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

    4. Removal. You may only delete posts you make within five minutes after you make them. After this period, your posts will be locked and you will be unable to delete them. You can deactivate your Account through your Account’s profile or settings page.

  8. News Deeply’s Rights and Content

    1. Our Rights. All right, title, and interest in and to the Services are and will remain the exclusive property of News Deeply and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the News Deeply name (including, but not limited to Arctic Deeply, Oceans Deeply, Refugees Deeply, Syria Deeply, Water Deeply, Women’s Advancement Deeply, and Malnutrition Deeply) or any of the News Deeply trademarks, logos, domain names, and other distinctive brand features. You may not use the News Deeply name or any of the News Deeply trademarks, logos, domain names, or other distinctive brand features without our express written permission. Any feedback, comments, or suggestions you may provide regarding News Deeply, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

    2. License Grant. Subject to your compliance with these Terms, News Deeply grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the News Deeply Content that is provided to you as part of the Services solely for your personal reading and for no other purposes except as permitted by our republishing guidelines. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by News Deeply, in the manner permitted by these Terms.

  9. Third Party Services and Content

    The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

  10. Restrictions on Content and Use of the Services. You agree not to do any of the following:

    1. Post, upload, publish, submit or transmit any Content that: (I) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (II) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (III) is fraudulent, false, misleading or deceptive; (IV) is defamatory, obscene, pornographic, vulgar or offensive; (V) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (VI) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (VII) promotes illegal or harmful activities or substances;

    2. Use, display, mirror or frame the Services or any individual element within the Services, News Deeply’s name, any News Deeply trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without News Deeply’s express written consent;

    3. Access, tamper with, or use non-public areas of the Services, News Deeply’s computer systems, or the technical delivery systems of News Deeply’s providers;

    4. Attempt to probe, scan or test the vulnerability of any News Deeply system or network or breach any security or authentication measures;

    5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by News Deeply or any of News Deeply’s providers or any other third party (including another user) to protect the Services or Content;

    6. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by News Deeply or other generally available third-party web browsers;

    7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

    8. Use any meta tags or other hidden text or metadata utilizing a News Deeply trademark, logo URL or product name without News Deeply’s express written consent;

    9. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

    10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

    11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

    12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

    13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

    14. Impersonate or misrepresent your affiliation with any person or entity;

    15. Violate any applicable law or regulation; or

    16. Encourage or enable any other individual to do any of the foregoing.

    Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, including any User Content posted by other users, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  11. Termination

    We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected]. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 5, 7(b), 7(c), 12-18, and this sentence of Section 11.

  12. The Services and Content may not be Appropriate for all Users, Accurate, or Reliable. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services, including any articles posted by third parties on our Site (you may see such third parties labeled as “Super Users” or “Advisors”). You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. We are not liable or responsible for the Under no circumstances will News Deeply be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 or broadcast elsewhere. Additionally, you agree that no portion of the Services or Content, regardless of source, shall be construed as financial or medical advice.

  13. Warranty Disclaimer. YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, NEWS DEEPLY AND ITS THIRD-PARTY SERVICE PROVIDERS AND PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. NEWS DEEPLY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NEWS DEEPLY OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  14. Indemnity

    You will indemnify and hold harmless News Deeply and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

  15. Limitation of Liability

    1. NEITHER NEWS DEEPLY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEWS DEEPLY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    2. IN NO EVENT WILL NEWS DEEPLY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO NEWS DEEPLY FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NEWS DEEPLY, AS APPLICABLE.

    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEWS DEEPLY AND YOU.

  16. Waiver and Severability

    The failure of News Deeply to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

  17. Governing Law and Jurisdiction

    These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the State of federal and state courts in the Southern District of New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

  18. General Terms

    1. Entire Agreement. These Terms and our Privacy Policy are the entire and exclusive agreement between News Deeply and you regarding the Services, and these Terms supersede and replace any prior agreements between News Deeply and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without News Deeply’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. News Deeply may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    2. Notices. Any notices or other communications provided by News Deeply under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

    3. Wavier of Rights. News Deeply’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of News Deeply. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

    4. Contact Information. These Services are operated and provided by News Deeply, Inc., 588 Broadway, Ste. 503, New York, NY 10003. If you have any questions about these Terms, please contact us at [email protected].

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