terms of Use
Updated and effective July 2, 2020.
Welcome to the Internet sites ("Sites"), applications and services provided by TeraNews (collectively the "Services"). These Terms of Use govern your access to and use of the Services provided by TeraNews and other affiliated sites and applications (collectively “we,” “us,” or “our”). Please read these Terms carefully before accessing or using the Services.
By joining or each time you access and use the Services, you confirm that you have read and understood these Terms and Conditions and agree to them. You represent and warrant that you are an individual who has reached the age of majority to enter into a binding contract (or, if not, you have obtained permission from your parent or guardian to use the Services and have convinced your parent or guardian to agree to these Terms on your behalf) ... If you do not agree with these terms, you are not allowed to use the Services. These Terms have the same force and effect as a written agreement.
If you would like to contact us in writing, make a complaint or need to send us a notice in writing, you can send it to us here... If we need to contact you or notify you in writing, we will do so by email or by post to any (email) address you provide to us.
Important notes:
- The key terms you should be aware of are the limitations of liability in the Disclaimer of Warranties and Limitation of Liability sections, and the class action waiver and arbitration in the Arbitration Agreement section.
- Your access to and use of the Services is also governed by our Privacy Notice located in the Privacy Notice; and the Cookie Policy posted in the Cookie Policy.
- We recommend that you print a copy of these Terms and Conditions and the Privacy Notice for future reference.
NOTICE OF ARBITRATION AND WAIVER OF CLASS: Except for certain types of disputes described in Section ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES IN THESE CONDITIONS WILL BE SETTLED practical commitments, individually or in YOUR ABSOLUTE arbitration rules -Wide ARBITRATION.
- Your responsibilities
You are responsible for obtaining and maintaining, at your own expense, all equipment and services required to access and use the Services. When you register with us and each time you access the Services, you may provide certain information about yourself. You agree that we may use any information we receive about you in accordance with the provisions of our Privacy Notice and that you have no ownership or proprietary interests in your account, except as provided in these Terms. If you choose to register with us, you agree to: (a) provide true, accurate, current and complete information as specified in the registration form; and (b) maintain and update such information to keep it correct, accurate, current and complete at all times. If any information you provide is or becomes incorrect, inaccurate or incomplete, we have the right to terminate your access to and use of your account and the Services.
- Membership and participation on sites
You must be thirteen (13) years old or older to participate in any activities or services offered on our Sites and / or be a member and receive membership benefits, and you must be eighteen (18) years old or older to participate in our A-List invitations and other specific obligations. You may not need to be a member to participate in certain contests, sweepstakes and / or special events; however, you must meet the specified minimum age requirements (for example, twenty-one (21) years of age or older) for the particular activity.
We will set specific terms and conditions for participation in each competition, sweepstakes and / or special event and post this information on our sites. We will not knowingly collect personally identifiable information from visitors under the age of sixteen (16) for these activities. If a person under the age of sixteen (16) is found to have engaged in such activities, his / her registration or participation will be immediately canceled and all personal information removed from our files.
Registration on the Sites is required to access certain services, including but not limited to storing favorite restaurants and fashion looks, user ratings, listing reviews, and posting comments on blogs and articles. Your registration information will be processed by us in accordance with our Privacy Noticewhich you must review before registering with us.
You may be required to choose a password and member name to register for membership. You are responsible for maintaining the confidentiality of your password and any account information. You agree to immediately notify us of any unauthorized use of your password or other member account information, and you agree to indemnify the Sites, their parent, affiliate, subsidiary, operating providers and partners from liability for any improper or illegal use of your password.
We recommend that you inform us of any changes to your membership, personal contacts and email. You can change or update certain information in your membership file using the controls on your profile page. You can deactivate your profile, by contacting us... If your email address is canceled, inactive, or unavailable for an extended period of time, we may cancel your membership and remove all or part of your membership profile to the extent permitted by law and in accordance with our security measures. We also reserve the right to cancel your membership or prohibit your participation in any or all activities of the Sites if you violate any provision of this Agreement or our Privacy Notices.
- User Views and Interactive Areas
We may provide interactive activities for the communities of the Sites such as chat rooms, areas for posting articles and blog comments, uploading reader photos, ratings and reviews of readers, saving favorite restaurants or fashion images, message boards (also known as message boards), SMS text messaging and mobile alerts (collectively "Interactive Areas") for the enjoyment of our visitors. You must be thirteen (13) years of age or older to participate in the Interactive Areas of the Sites. Regular members of the online communities of the Sites may be able to register to participate in the Interactive Areas when they first apply for membership and may be required to select a member name and password for the Interactive Areas. Interactive areas that are not maintained, maintained and / or operated by the Sites may require a different registration process.
Any User Content or communications from visitors to certain parts of the Sites, including but not limited to Interactive Areas, will be publicly available and posted in public areas on our Sites. The Sites, their parents, partners, affiliates, subsidiaries, members, directors, officers, employees, and any contract or operating vendor that hosts, operates and / or operates interactive areas of the Sites are not responsible for the actions of visitors or third parties. parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas.
We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials that you submit for display or distribution to others through the Services, including any such materials. that you send. through the interactive areas (collectively "User Content"). In the relationship between you and us, you own all rights in your User Content. However, you grant (and confirm and promise us that you have the right to grant) to us and our affiliates, representatives, sub-licensees and assign irrevocable, perpetual, non-exclusive, sublicensable, free and fully paid, to license (with the provision of sublicense at multiple levels) in all world to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works and publicly display your User Submissions (in whole or in part) in any format or medium currently known or later developed ; provided, however, that our exercise of our rights under the above license will at any time be subject to the restrictions on disclosure of your User Submissions imposed on us in accordance with our Privacy Notice. You hereby irrevocably disclaim (and agree to waiver) any claims and claims of moral rights or attribution in relation to your User Submissions. We reserve the right to display advertisements in connection with user-submitted materials and to use them for advertising and advertising purposes without compensation to you. These advertisements may target content or information stored on the Services. In connection with the fact that we provide you with access to and use of the Services, you agree that we may place such advertisements on our Services. We do not pre-screen all User Submissions, and you agree that you are solely responsible for all of your User Submissions. By participating in any of the aforementioned activities, all visitors and participants agree to abide by the Sites' standards of conduct. Messages in public places may or may not be verified by the Sites before they appear on the Sites. However, the Sites reserve the right to modify, remove or remove, in part or in whole, any publication in the Interactive Areas, and to terminate or suspend access to such areas for actions that, in our opinion, in our sole discretion, interfere with others. people ". use of our Sites. The Sites will also partner with local, state and / or federal authorities in accordance with applicable law.
We are not required to back up, post, display or distribute any User Content, and we may remove or reject any User Content. We are not responsible for any loss, theft, or damage to any type of User Content. You represent and warrant that your User Submissions and our authorized use of such materials do not and will not infringe the rights of any third party (including but not limited to intellectual property rights, privacy or publicity rights, and any other legal or moral rights.). Your User Submissions must not violate our policies. You may not represent or imply to others that your User Submissions are provided, sponsored, or endorsed in any way by us. Please be aware of the risks of disclosing personal information (such as name, phone number, or mailing address) about yourself or others in the Interactive Areas, including when connecting to the Sites through a third party service. You, not us, are responsible for any consequences of disclosing personal information about yourself in public areas of the Service, for example, about your home address or the home address of others.
We own all rights, titles and interests in any compilation, collective work or other derivative work that we create using or incorporating your content (but not your original content). When you use a feature in the Services that allows users to share, transform, re-adapt, modify, or combine user-generated content with other content, you grant us and our users irrevocable, non-exclusive, free, perpetual, perpetual rights and licenses to the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works and combine your content in any medium and using any form of technology or distribution, and authorize the use of any derivative works licensed under the same license terms. The rights granted under this Section 2 will remain in effect upon termination of these Terms.
All content and materials provided on the Services are for general information, general discussion, education and entertainment only. Do not assume that such content is endorsed or endorsed by us. The Content is provided "as is" and you use or rely on such materials solely at your own risk.
Our sites contain facts, views, opinions and statements from third parties, visitors and other organizations. The Sites, their parent, affiliate and subsidiary companies do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or disseminated through our Sites. You acknowledge that reliance on any such advice, opinion, statement or other information is at your own risk and you agree that the Sites, their parent, affiliate and subsidiary companies will not be liable, directly or indirectly, for any damages. ... or damage caused or allegedly caused in any way in connection with any advice, opinions, statements or other information displayed or distributed on our Sites.
We do our best to encourage comfort and discourage destructive communication. We also discourage offensive statements that induce others to violate our standards. We encourage you to participate in upholding our standards. You are responsible for all content that you post, email, transmit, upload, or otherwise make available through our Sites. You agree not to use the Interactive Areas or Sites to provide access to any content that:
- is illegal, harms adults or minors, threatens, offends, harasses, harms, discredits, is vulgar, obscene, defamatory, violates another person's privacy, hates or raises objections based on racial, ethnic or other grounds;
- infringes any patent, trademark, trade secret, copyright, privacy or publicity right, or other proprietary rights of any person;
- contains unauthorized advertisements or attracts other visitors; or
- is intended by the visitor to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or Material on this website.
The Sites may allow you to post reviews of events, films, restaurants, and other businesses (“Reviews”). Such reviews are governed by the terms of this Agreement, including but not limited to your consent to your use of the Interactive Areas. The reviews do not reflect the views of the Sites, their parents, affiliates or subsidiaries, operating service providers or their respective employees, officers, directors or shareholders. The Sites are not responsible for any reviews or any claims, damages or losses arising from the use of this service or the Materials contained therein. Reviews submitted to the Sites belong to the Sites exclusively and for an unlimited period. Such exclusive ownership means that the Sites, their parent, subsidiary or affiliated companies have an unlimited, perpetual and exclusive right to use, reproduce, modify, translate, transmit, distribute or otherwise use any and all materials and messages. There is no obligation to give you credit or reward for any reviews. The Sites reserve the right to remove or modify any review we find in violation of this Agreement or the general standards of good taste, at any time and in our sole discretion. We strive to maintain a high level of integrity in our user-submitted reviews, and any material that is deemed disingenuous in any way and could reduce the overall quality of our reviews will be removed.
Sites may allow a visitor to post photos on the Internet ("Photos"). Submissions of photos are subject to the terms of this Agreement, including, but not limited to, your consent to your use of the Interactive Spaces. By submitting a photo and clicking the “I agree” box on the submission form, you represent and warrant that: (1) you are the person in the photo or the owner of the photo and you consent to the use of the photo of the Site; (2) you are thirteen (13) years of age or older; (3) you have submitted a photo using your legal name and accurate personal information and have consented to the use; (4) you either own the copyright of the photograph or are an authorized licensee of the copyright of the photograph and grant the Sites, their licensees, assigns and assigns the right to publish and display the photograph in connection with Uses; and (5) you have the legal right and authority to consent to the use of the Photo and to grant the Sites the right to use the Photo. In addition, you expressly indemnify the Sites and their licensees, assigns and assigns from any claims of confidentiality, libel and any other claims that you may have in connection with the use of any photographs presented on the Sites. If you see an unwanted photo or have questions about this Agreement, Contact us.
Websites strive to make their interactive areas enjoyable. Our chat rooms are welcoming people of all races, religions, genders, nationalities, sexual orientations and different perspectives. If you are in doubt about the correct behavior in our interactive areas, remember that although the venue is electronic, the participants are real people. We ask that you treat others with respect. Any member behavior in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of visitor registration and access to the Sites at the Sites' sole discretion, in addition to any other remedies. Sites may provide interactive activities on a number of topics, but our staff or volunteer host parties involved in these activities do not offer any professional advice and speak from their own experiences or opinions, which is helpful in facilitating dialogue. These hosts do not claim professional expertise or authority. We may also post additional guidelines and / or code of conduct for certain interactive areas or activities. Any additional published rules will be incorporated into this Agreement. In the event of a conflict between the rules for a specific event and this Agreement, the rules for the specific event shall prevail. If you see inappropriate content or have questions about this Agreement, Contact us.
Content posted by users through the Chorus Story Editor
If you do not have a contract with the publisher of the property hosted on the Chorus platform as a paid member, but you are entitled to publish content for one or more resources on the Chorus platform for which you do not use if you have a contract with a member, you are designated " user with trusted access "or" community insider "in relation to such property. As a Trusted User, you are contributing voluntarily and there is no expectation or requirement for your contribution other than compliance with these Terms and any Community Guidelines. You acknowledge that you do not expect compensation for your contribution as a Trusted User. Although TeraNews owns the copyright for any content you post as a Trusted User, you retain a perpetual free license for any material you post as a Trusted User, and you are free to use and distribute such material.
- Copyright infringement and trademark rights
We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Content that violates copyright law, suspending access to the Services (or any portion thereof) for any user who uses the Services in violation of copyright law, and / or terminating, in appropriate circumstances, the account of any a user who uses the Services in violation of copyright laws. In accordance with Title 17 of the United States Code, Title 512 of the Digital Millennium Copyright Act 1998 (“DMCA”), we have implemented procedures to receive written notice of alleged copyright infringement and to process such claims in accordance with such law. If you believe that a user of the Services is infringing your copyright, please send written notice to our agent below to be notified of claims of copyright infringement.
El. Mail: teranews.net@gmail.com
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work that is allegedly infringed; (c) identify the allegedly infringing material with sufficient accuracy to enable us to locate the material; (d) contain adequate information by which we can contact you (including postal address, telephone number and email address); (e) contain a statement that you have a good faith belief that use of copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright holder. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.
If you believe your trademark is being used elsewhere on the Services in a manner that constitutes a trademark infringement, the owner or agent of the owner may notify us at teranews.net@gmail.com... We ask that any complaints include accurate information about the owner, how we can contact you, and the specific nature of the complaint.
If you believe in good faith that someone has unlawfully filed a copyright infringement notice against you, the DMCA permits you to send us a counter notice. Notices and counter-notices must comply with the then-current legal requirements set forth by the US Digital Millennium Copyright Act: www.loc.gov/copyright. Send counter notices to the same addresses listed above and a statement that such person or entity consents to Federal Court jurisdiction for the jurisdiction in which the content provider's address is located, or, if the content provider's address is outside the United States, for any judicial district in which the Company is located, and that such person or entity will accept judicial service from the person filing the notice of alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its sole discretion, send a copy of the counter-notice to the original complaining party informing that person that the Company may replace the removed material or stop shutting it down within 10 business days. If the copyright owner does not sue for a court order against the alleged infringing content provider, the deleted material may be replaced or accessed within 10-14 business days or more after receiving a counter-notice at the Company's discretion.
If the Sites receive more than one Notice of Copyright Infringement against a user, the user may be considered a “repeat copyright infringer”. The Sites reserve the right to close down "repeat copyright infringers" accounts.
The materials on our Sites may contain inaccuracies or typographical errors. We have the right to change and update any information contained on our Sites without prior notice.
- Termination
We may terminate your membership or suspend your access to all or part of the Services without notice if you violate these Terms or engage in any conduct that we, in our sole and absolute discretion, consider to be in violation of any applicable law or regulation, or otherwise. is detrimental to the interests of us, any other user of the Services, or any third party. You agree that TeraNews is not liable to you or any third party for the deletion of your user data or the suspension or termination of your access to the Services (or any part thereof). You can terminate your participation in and access to the Services at any time. We reserve the right to investigate your use of the Services if we, in our sole and absolute discretion, believe that you have violated these Terms. Upon termination, we are under no obligation to retain, store or provide you with any data, information or other content that you have uploaded, stored or transmitted on or through the Services, except as required by law and in accordance with our Privacy Notice.
You can request the termination of your account at any time and for any reason by sending us an email with the subject line “Close my account”. Please provide as much information about your account as possible so that we can correctly identify the account and you. If we do not receive sufficient information, we will not be able to deactivate or delete your account.
The provisions, which by their nature are intended to remain in effect after the termination of these Terms, will remain in effect after termination. By way of example, all of the following will remain in effect upon termination: any obligation you owe us or release us, any limitation of our liability, any terms concerning property rights or intellectual property rights, and terms concerning disputes between us, including but not limited to the arbitration agreement.
- Changes to Terms
We may, in our sole and absolute discretion, change these Terms from time to time. We may notify you of any changes by any reasonable means, including by posting a revised version of these Terms through the Services or by email to the address you provided when registering your account. If you object to any such changes, your only recourse is to stop using the Services. Your continued use of the Services following notification of any such changes constitutes your acceptance of such changes and your agreement to be bound by the terms of such changes.
- Service changes
We reserve the right to change, suspend or discontinue all or any aspect of the Services with or without notice to you. Without being limited by the previous proposal, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. The website is provided over the Internet and the quality and availability of the website may be affected by factors beyond our reasonable control. Accordingly, we do not accept any responsibility for any connection problems that may arise when using the Sites, or for any loss of material, data, transactions or other information caused by system outages, planned or unplanned. You agree that we will not be liable to you or any third party if TeraNews exercises its right to change, suspend or terminate the Services.
- fees
We reserve the right to charge a fee at any time for access to the Services or to any specific new feature or content that we may introduce from time to time. Under no circumstances will you be charged a fee for accessing any of the Services unless we obtain your prior consent to pay such fees. However, if you do not agree to pay such fees, you may not have access to paid content or services. Details of the content or services that you receive in exchange for the fee and the applicable payment terms will be disclosed to you prior to your consent to pay such fees. You agree to pay such fees if you subscribe to any paid service. Any such terms are considered part of these Terms (and are hereby incorporated by reference).
- Password, security and privacy
You are responsible for maintaining the confidentiality of your password to access the Services, and you are solely responsible for all activities that occur under your password. You agree to immediately change your password and notify us hereif you suspect or become aware of any unauthorized use of your password or any other breach of security related to the Services. We reserve the right to require you to change your password if we believe your password is no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to properly protect your password or someone else's use of your account.
Information received by you through your account and information that we disclose directly to you ("Confidential Information") must remain strictly confidential and used only for the purpose of interacting with the platform and performing transactions on it and must not be disclosed by you in whole or in part. , directly or indirectly to any third party, provided that: (a) you may disclose such information to any of your employees, lawyers and other professional consultants (if necessary) for the purpose of working with you in connection with your decision to use the Services on on the basis that you understand that you will be responsible for their use and processing of such information; and (b) Confidential Information must not include information that: (i) was in your legal possession before it was disclosed, without confidentiality restrictions; (ii) you receive from a third party on an unlimited basis, excluding a breach of these Terms or any other confidentiality obligation for you or the third party; (iii) is developed by you independently of us and any information you receive from us; or (iv) you are required to disclose information under applicable law, provided that you give us written notice of such a requirement as early as reasonably practicable in the circumstances.
- E-mail. address
Email is an important means of communication for our online visitors. The person in whose name the email account is registered must generate all emails sent to us. Email users must not hide their identity by using a fictitious name, another person's name or account. We will use your email address and the content of any email to communicate with and respond to visitors. Any non-personal information that you provide to us via email, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas, etc., is not considered confidential and we assume no obligation to protect such non-personal information contained in the email, from disclosure.
Providing non-personal information to us should in no way interfere with the purchase, production or use of similar products, services, plans and ideas or the like by the Sites, their parent, affiliate, subsidiary or operating provider for any purpose, and the Sites, their parents, affiliates, subsidiaries and operating suppliers have the right to reproduce, use, disclose and distribute such information to others without any obligation or limitation. Any personally identifiable information transmitted by email, such as the sender's name, email address, or home address, will be protected by the policies set out in our Privacy Notice.
- Mobile
Sites can offer mobile SMS / text messages and mobile alert updates as text messages / mobile email. Please read these terms before using the service. By using the service, you agree to be legally bound by this Agreement and our Privacy Notice. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE. Please note that in order to process your requests for this service, you may be charged for sending and receiving messages in accordance with the terms of your wireless service. If you have questions about your data plan, contact your wireless service provider.
By registering with the Services and providing us with your wireless number, you confirm that you want us to send you information about your account or transactions with us that we believe may be of interest to you, including using autodial technology to send you a text message to the wireless number you provide, and you agree to receive communications from us, and you represent and warrant that each person you register for the Services or to whom you provide a wireless telephone number has agreed to receive communications from us.
- references
We may provide links to other websites or Internet resources only for your convenience, and such links do not mean or imply our endorsement of such other website or resource or its content, which we do not control or monitor. Your use of these links is at your own risk and you should use reasonable care and discretion when doing so. You agree that we are not responsible for any information, software or materials found on any other website or Internet resource.
We may also integrate with third parties who will interact with you in accordance with their terms of service. One such third party is YouTube, and by using the Sites or Services, you agree to be bound by YouTube's Terms of Service located at here.
- Applications
We may offer software applications to help you access our Services. In such circumstances, we grant you a personal, non-exclusive, non-transferable limited license to install such software applications solely on the devices you will use to access the Services. You agree that we may from time to time provide you with automatic updates for these applications that you choose to install. Please note that some retail app stores that offer our apps may have separate terms of sale that will be binding on you if you choose to download our apps from those vendors.
For users in the United States, our software is a “commercial product” as defined in 48 CFR 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 CFR 12.212. In accordance with 48 CFR 12.212 and 48 CFR 227.7202-1 through 227.7202-4, all US government end users acquire software only with the rights set forth in this document. Your use of the software must comply with all applicable import and export control laws and regulations of the United States and other countries.
- Limitations and commercial use
Except as provided in these Terms: you may not copy, create derivative works, resell, distribute or use for commercial purposes (other than storing and transmitting information for your own non-commercial purposes) any content, materials, or databases from our network or systems ... You may not sell, sublicense, or distribute our software applications, or incorporate them (or any part of them) into another product. You may not reverse engineer, decompile, or disassemble software, or otherwise attempt to obtain the source code (unless expressly permitted by law) or communication protocol to access the Services or external networks. You may not modify, adapt, or create derivative works from the software, or remove proprietary notices in the software. You agree not to use the Services for any purpose that is fraudulent or illegal, so as not to interfere with the operation of the Services. Your use of the Services must be consistent with our policies.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE PROVIDE SERVICES “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE NETWORK TeraNews (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE TeraNews MAKES NO WARRANTY THAT THE NETWORK TeraNews WILL MEET YOUR REQUIREMENTS, OR THAT THE sERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, documents, photos and files software), you have saved or some other services which are not IT IS GUARANTEED AND THAT WE ARE NOT RESPONSIBLE TO YOU FOR THE LOSS OF THIS SERVICE OR THEIR UNAVAILABILITY. WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND / AND WHETHER INFORMATION DOWNLOADED OR OTHERWISE OBTAINED WHEN USING THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK, AND THAT YOU ARE EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGES. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM TeraNews OR THROUGH THE SERVICES, DOES NOT CREATE ANY WARRANTY EXPRESSLY UNSETTED HEREIN.
THE SERVICES AND INFORMATION ON THE SITES ARE PROVIDED "AS IS". THE SITES DO NOT WARRANT, EXPRESS OR IMPLIED, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITES, OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE, AND IS EXPRESSLY DISCLAIMED. SPECIAL PURPOSE.
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THE SITES IS OBTAINED OR COLLECTED FROM SOURCES THAT WE BELIEVE RELIABLE, THE SITES CANNOT AND DO NOT GUARANTEE ACCURACY, PERFORMANCE OR PREFERENCE. NEITHER THE WEBSITES, NOR THEIR PARENTS, PARTNERS, BRANCHES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OPERATIONAL OR ADVERTISING SUPPLIERS, PRODUCERS OR PRODUCERS OF THE SOFTWARE, OR NON-PROVIDED. OR DAMAGE THAT YOU WILL CAUSE IN THE EVENT OF: (i) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACTION OR OMISSION OF ANY THIRD PARTY FEELING IN THE CREATION OF THE SITES OR DATA CONTAINED HEREIN AVAILABLE TO YOU; (III) ANY OTHER REASON RELATED TO YOUR ACCESS TO OR USE OR INABILITY TO ACCESS OR USE ANY PART OF THE SITES OR MATERIALS ON THE SITES; (IV) YOUR INTERACTIONS OR REPRESENTATIONS ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY RESULTS OR EMPLOYMENT STATEMENTS, OR DIALOGUE BETWEEN THE RECEIVING MEANS; OR (V) DUE TO YOUR NON-FULFILLMENT OF THIS AGREEMENT, THERE WILL OR NOT BE CIRCUMSTANCED TO CONTROL THE SITES OR ANY PROVIDER PROVIDING THE SOFTWARE, SERVICE OR SUPPORT. UNDER NO CIRCUMSTANCES, THE SITES, THEIR PARENTS, PARTNERS, BRANCHES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT AFFILIATED PERSONS OR ANY OTHER PARTY WAS NOTICE OF ITS OPPORTUNITY. PLEASE NOTE THAT AFTER LEAVING THE SITES, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USE AGREEMENT AND PRIVACY POLICY FOR ANY WAY SO YOU DUE. AND ADVERTISING PARTNERS. THE SITES, THEIR PARENTS, PARTNERS, BRANCHES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE OR LIABLE FOR THE CONTENT, ACTIVITIES OR CONFIDENTIALITY OF THE SITE.
YOU REPRESENT AND WARRANT TO US THAT THE PERFORMANCE, SUBMISSION AND PERFORMANCE OF ANY ASPECT (S) OF THESE TERMS AND CONDITIONS WILL NOT BREAK IN ANY LAW, ORDER, ORDER, AND YOU ARE ABLE TO YOU, OR YOU ARE ABLE TO ASSETS.
- Limitation of Liability
Nothing in these Terms limits or excludes our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or willful misrepresentation; or (iii) any other liability that cannot be excluded or limited under English law. We are liable for loss or damage that you suffer as the foreseeable result of our violation of these Terms or our failure to exercise reasonable care and skill. However, you understand that, to the extent permitted by applicable law, under no circumstances will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, subcontractors or licensors bear liability under any theory of liability (whether contractual, delicate, statutory or otherwise) for any incidental, consequential, incidental, special, consequential or exemplary damages, including but not limited to losses arising from loss of income, profit , business, business interruption, business reputation, use, data or other intangible damages (even if such parties were notified, knew or should have known about the possibility of such damages) arising from the use by you (or any other person using your account ) Services. We are not responsible for damage that you might have avoided by following our advice, including applying a free update, bug fix or bug fix, or by setting the minimum system requirements we recommend. We are not responsible for failure or delay in fulfilling any of our obligations under these Terms caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks. or any delays or delays due to your physical location or your wireless service provider's network. Unless otherwise provided by applicable law, our liability to you in no event may exceed the amount of the commission you paid us (if applicable) within three months prior to the date you filed your claim.
- Exceptions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we are unable under applicable law to waive or limit any implied warranty, the scope and duration of such warranty, and our liability, shall be the minimum permitted by such applicable law.
- Reimbursement
You agree to indemnify, defend and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from any and all claims, liabilities, damages, damages, costs, expenses, fees (including reasonable attorneys' fees). ) that such parties may suffer as a result of or as a result of your (or anyone using your accounts) breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise indemnified by you, in which case you agree to cooperate with our defense of such claim. You agree to and hereby waive Section 1542 of the California Civil Code, or any similar law in any jurisdiction, which states in substance: “The general exemption does not apply to claims that the creditor or issuer does not know or suspect exists. favor at the time of the execution of the release, and this, if he or she knew, would materially affect his or her settlement with the debtor or the released party."
- Arbitration agreement
Please read the following ARBITRATION AGREEMENT carefully as it requires you to resolve certain disputes and claims with TeraNews and any of its subsidiaries, affiliates, brands and organizations it controls, including other affiliated sites (collectively TeraNews, "we "," Us "or" our ") and restricts the way you contact us for help. Both you and TeraNews acknowledge and agree that, for the purposes of any dispute arising out of the subject matter of these Terms, TeraNews' officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these terms. The Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of this Agreement.
Arbitration Rules; Applicability of the arbitration agreement
The parties shall use their best efforts to resolve any dispute, claim, question or controversy arising out of or in relation to the subject matter of these Terms directly through good faith negotiations, which are a precondition for any party to arbitrate. If such negotiations do not resolve the dispute, it must be finally settled through binding arbitration in Washington, DC. The arbitration will be conducted in English in accordance with the then JAMS simplified arbitration rules and procedures (the “Rules”) by a single commercial arbitrator with significant experience in resolving disputes related to intellectual property and commercial contracts. The arbitrator must be selected from the appropriate JAMS arbitrator list in accordance with these Rules. A decision made by such an arbitrator may be referred to any court of competent jurisdiction.
Small Claims Court; Violation
Either you or TeraNews can file claims, if they qualify, in small claims court in Washington, DC, DC, or whichever US county you live or work in. In addition, notwithstanding the aforementioned obligation to resolve disputes in arbitration, each party has the right at any time to seek injunctive relief or other just protection in any court of competent jurisdiction to prevent actual or alleged infringement, misappropriation or infringement of a party's copyright, trademarks, commercial secrets, patents or other intellectual property rights.
Dismissal of jury trial
YOU and TeraNews DISCLAIM ANY CONSTITUTIONAL AND LEGISLATIVE RIGHTS TO APPEAR TO THE COURT AND PRELIMINARY TRIAL OF A JUDGE OR JURY. Instead, you prefer TeraNews to resolve claims and disputes in arbitration. Arbitration procedures are usually more limited, more efficient and less costly than rules applied in court, and subject to very limited court scrutiny. In any litigation between you and TeraNews regarding the cancellation or enforcement of an arbitral award, YOU AND TeraNews WAIT ALL RIGHTS TO JUDGMENT and instead choose to have the dispute resolved by a judge.
Waiver of class or consolidated actions
ALL CLAIMS AND DISPUTES REGARDING THIS ARBITRATION AGREEMENT MUST BE RESOLVED IN ARBITRATION OR RESOLVED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE AUTHORIZED BY JUDICIAL JOINT OR JOINTED BY ANOTHER CUSTOMER OR USER. However, if this group or cooperative waiver is held invalid or unenforceable, neither you nor TeraNews are entitled to arbitration; instead, all claims and disputes will be resolved in court as set out in subparagraph (g) below.
Refuse
You have the right to opt out of this section by sending written notice of your opt-out decision to the following address:
with a postmark within 30 (thirty) days from the date of acceptance of these Terms. You must provide (i) your name and residential address, (ii) the email address and / or telephone number associated with your account, and (iii) a clear statement that you wish to opt out of the arbitration agreement with these Terms. Notices sent to any other address, sent by email or verbally, will not be accepted and will not take effect.
- Trademarks and patents
TeraNews, the TeraNews designs, the names and logos of our sites, and certain other names, logos and materials displayed on the Services, are trademarks, trade names, service marks or logos (“Marks”) of Us or others. You are not allowed to use such Marks. Ownership of all such Marks and associated goodwill remains with us or other entities.
- Copyright; Restrictions on use
Content on the Services ("Content"), including but not limited to video, text, photographs and graphics, is protected under US and international copyright laws, is governed by other intellectual property and property rights laws and laws, and belongs to us or ours. licensors. Except for your own User Submissions: (a) Content may not be copied, modified, reproduced, republished, published, transmitted, sold, offered for sale or redistributed in any way without our prior written permission and permission from our current licensors; and (b) you must comply with all copyright notices, information or restrictions contained in or attached to any Content. We grant you a personal, revocable, non-transferable, non-sublicense and non-exclusive right to access and use the Services in the manner permitted by these Terms. You acknowledge that you do not have the right to access all or any part of the Services in source form.
- Electronic notifications
You agree to conduct transactions with us electronically. Your positive act of registering, using or logging into the Services constitutes your signature of acceptance of these Terms. We may send you notices electronically (1) by email if you have provided us with a valid email address, or (2) by posting a notice on the website we have designated for this purpose. Delivery of any Notice is effective from the moment it is sent or posted by us, regardless of whether you have read the Notice or actually received delivery. You can revoke your consent to receive Notices electronically by discontinuing use of the Service.
- Governing Law and Jurisdiction
For users outside of the European Union: These Terms and the relationship between you and us are governed by the laws of the District of Columbia in respect of agreements entered into, entered into and enforced entirely in the District of Columbia, regardless of where you are located. residence. All legal claims arising out of these Terms or your use of the Services must be brought to the courts located in Washington, DC, and you hereby unconditionally submit to the exclusive personal jurisdiction of such courts for this purpose.
For users in the United Kingdom and the European Union: These Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. If you reside in another EU country, you may file a consumer protection claim under these Terms in England or in the EU country in which you reside.
- Miscellanea
Full consent
These Terms, together with the terms of any end user license agreement that you agree to when downloading any software we make available through the Services, and any additional terms that you agree to when using certain elements of the Services (for example, terms related to site on the network of Sites or related to the payment of fees for certain content or services of the Services), constitute the full, exclusive and final clause of the agreement between you and us in relation to the subject matter of this Agreement and govern your use of the Service, superseding any previous agreements or negotiations between you and us in relation to the subject matter of this Agreement.
Transfer of rights
You may not transfer your rights or obligations under these Terms to anyone without our prior written consent.
Conflicts
In the event of any conflict between these Terms and the terms and conditions of a particular site on a network of Sites, these Terms shall prevail.
Disclaimer and severability
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid by a court of competent jurisdiction, you nevertheless agree that the court must endeavor to fulfill the intentions of us and you as reflected in this provision and that the other provisions of these Terms will remain in full force and effect and action. If we do not immediately insist that you do anything that is required of you under these Terms, or if we delay taking action against you in relation to your violation of these Terms, this does not mean that you are not obligated to do these things and it will not prevent us from taking action against you at a later time. For users outside the European Union only. You agree that notwithstanding any law or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such a claim arises, or grounds for a claim, or be blocked forever.
Headlines
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Survival
The terms of Sections 2 and 12-20 of these Terms, and any other limitations of liability expressly set forth herein, remain in full force and effect notwithstanding any termination of your use of the Services.
Our relationship
Both parties are independent contractors of each other. No other person has the right to claim compliance with any of the provisions contained in these Terms. Neither party can be considered an employee, agent, partner, joint venture or legal representative of the other party for any purpose, and neither party has any right, authority or authority to create any obligation or liability on behalf of the other party. solely as a result of these Terms. Under these Terms, you will in no way be considered one of our employees or eligible for any of our employee benefits.