Welcome to Newsle.com, a website located at newsle.com (the "Site") and operated by Newsle Inc. ("Newsle", "us", "our", and "we"). Newsle provides the Site and mobile applications (the "Applications" and collectively with the Site and all services provided through the Site and Applications, the "Services") that finds news articles, blogs, and other mentions about you, your friends and colleagues, and anyone else you care about, and notifies you, often within minutes or hours after they're published. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
These Terms of Use ("Agreement") set forth the legally binding terms for your use of the Services whether you are simply a " Visitor" (which means you are just browsing the Services) or a "Registered User", which means you have registered to use them. Collectively, Visitors and Registered Users are referred to as "Users" or individually as a "User" or " you". By accessing or using the Services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent), are not a competitor of Newsle or are not using the Services for reasons that are in competition with Newsle, and if you are a natural person, that you are at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS, JURY TRIALS, OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
(a) People Tracking. When you register to become a Registered User, you provide us with certain information that we use to create a personal profile of you. You also, at your discretion, allow us to identify and use information about your Facebook friends, LinkedIn connections, and contacts in your address book maintained on your computing device or as part of a website service. Based on this information, we create a profile of each such person that shows the person's name, profile picture, and aggregated news that our proprietary algorithms tell us mentions the person or is related to the person. After you have registered, Newsle will then comb the web, analyzing more than 1 million articles and posts a day - and use reasonable efforts using our disambiguation algorithm to let you know, often within minutes or hours, when a news item that mentions a person you follow is published.
(b) News Items. When we notify you of a news item, we provide only a few lines, most commonly the headline and first sentence or two of the text from the online source. We link to the original source to allow you to read the entire article. Newsle does not create any news item about any person; we simply make you aware of news items published by other publishers. Newsle is not responsible for any information contained in any news item made available to you through the Services, and Newsle is not responsible or liable for any violation of anyone's rights, including without limitation defamation, invasion of privacy, use of name or likeness without consent, or violation of a right of publicity .
(c) Disambiguation. At the heart of our Services is a disambiguation algorithm that determines whether a news item that mentions a common name like John Smith is a news item about your friend John Smith or some other John Smith. Our disambiguation algorithm is very good, but it's not perfect, and we do not guarantee that the news we present about any person is actually about the right person. Please do not blindly rely on the disambiguation algorithm, and always check that the person our algorithm matches to an article is in fact the person that you follow and the article mentions. If our algorithm is wrong, and you take actions based on the incorrectly matched article, you and not Newsle are responsible for any damage or consequences of those actions. If you believe that a news item we have presented to you is not about someone you have requested to follow, click the exclamation mark in the upper right of the article.
(d) Invitations and Contacts. The more people who use Newsle and the more contacts you upload, the more useful you are likely to find the Services. When you register, you will be asked to upload contacts and asked if we may invite your friends, connections and/or contacts to join Newsle. If you agree to import contacts including from Facebook, LinkedIn, your email accounts, and other accounts, you authorize Newsle to use email addresses of your contacts to send emails on behalf of other Users who share friends, connections, and/or contacts in common with you ("Shared Friends"). If you agree to use our invite features, you authorize us to send emails to your friends, connections, and/or contacts containing invitations to Newsle as well as follow-up reminders (collectively, " Invitations"). In addition, we may allow you to send Invitations to your Facebook friends, LinkedIn connections, and other connections, even if you have not imported their respective email addresses, by sending the Invitations to mapped email addresses of your Facebook friends, LinkedIn connections, and other connections. These mapped email addresses may have come from Shared Friends in other Users' address books, but the email we send is from you.
(e) Use of Your Name, Profile Picture, and/or Likeness. By registering to use Newsle, you authorize us to collect your public profile name and picture (which may be an image or likeness of you) from Facebook, LinkedIn or another source you choose. You may also be able to associate your name with an image you upload to the Services. By registering to use the Services, you authorize and provide your consent to us to use your name, picture, image, and/or likeness for commercial purposes including to let other people, such as your friends, connections, and contacts, know that you are a Registered User of Newsle or that you have taken particular action(s) on the Services.
(a) Account Creation. In order to become a Registered User and register for Newsle, you must: (i) register for an account with Newsle (an "Newsle Account") and provide certain information about yourself as prompted by the registration form and / or (ii) connect to the Services through a social networking site like Facebook or LinkedIn (an "SNS") in which case we will access registration information from the SNS. You represent and warrant that: (iii) all required registration information you submit is truthful and accurate and (iv) you will maintain the accuracy of such information. You may delete your Newsle Account at any time, for any reason, as provided here: Newsle FAQ. You acknowledge that you have no ownership or other property interest in your Newsle Account and that all rights in and to your Newsle Account are owned by and inure to the benefit of Newsle. Newsle may suspend or terminate your Newsle Account in accordance with Section 11.
(b) Access through an SNS. If you access the Services through an SNS, you may link your Newsle Account with your account on the SNS by allowing us to access your SNS account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS YOU USE TO ACCESS YOUR NEWSLE ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THE SNS.
(c) Account Credentials and Responsibilities. As part of the registration process you may be required to provide an email address and select a password, or provide authentication through an SNS (collectively "Credentials"), which you may not share with any third parties. If someone accesses the Services using your Credentials, we will rely on those Credentials and will assume that it is really you or your representative who is accessing the Services. You are solely responsible for any and all use of your Credentials and all activities that occur in connection with your Credentials. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Services and your Credentials, including terminating your access, changing your password, or requesting additional information to authorize activities related to your Credentials. You agree to immediately notify Newsle of any real or suspected unauthorized use. Newsle cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
(a) Right to Use Site. Newsle grants you a non-transferable, non-exclusive, right to access the Site and use the Services provided through the Site for your personal and professional use, subject at all times to the terms of this Agreement including the restrictions on use, the acceptable use provisions and the our right to suspend access to your Newsle Account at our discretion at any time.
(b) License to Use Application. Newsle grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services made available through the Application and to download, install and use a copy of the Application on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to the terms of this Agreement including the restrictions on use, the acceptable use provisions and the our right to remove your Content (as defined below) at our discretion at any time. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system) and (ii) as permitted by the " Usage Rules" set forth in the Apple App Store Terms of Service. Use of the Application is also subject to the provisions of Section 6(b).
(c) Downloadable Code . Newsle allows you to embed a newsfeed of news items identified by Newsle about you or a group of people you select on your website or blog. You are hereby granted a non-exclusive, non-transferable, revocable right and license, without a right to sublicense, to reproduce and use any code downloadable through the Services (the "Code"), solely for your personal and internal business use and solely in accordance with any instructions or documentation provided by Newsle, not for any other purpose and not for the benefit of any third party. You may not modify, display, perform, distribute, reverse engineer or otherwise use the Code without the written consent of Newsle. In addition: (i) you may not use the Code to offer or promote, or otherwise use the Code in association with, any products or services for sale; (ii) you may not use the Code in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website; (iii) you may not, place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion. We reserve the right to discontinue providing the Code at any time, or to direct you to cease displaying, or otherwise using, the Code for any or no reason, without liability to you or any third-party. Any Code, and any news feed available through the Code, is made available "AS IS", "WITH ALL FAULTS" and without warranty of any kind, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, data accuracy, course of dealing, course of performance or usage in trade. We specifically do not warrant and specifically disclaim that the Code or the newsfeed made available through the Code will be available without interruption or be secure.
(d) Our Technology and Content. You agree that the software, code, proprietary methods and systems used to provide the Services, including our disambiguation algorithm ("our Technology") and the materials, information and content made available or displayed by us on the Site or through the Services, including all text, graphics, images and the look and feel (collectively "our Content") are: (i) copyrighted by us, our licensors and/or other licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. The stylized Newsle trademark and other related graphics, logos, service marks and trade names used on or in connection with the Services are our trademarks ("our Marks") and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Except for the limited licenses provided herein, we reserve all right, title and interest in our Content, Marks and Technology. Notwithstanding the preceding, our Content does not include the news items to which we link and we do not claim any copyright in such news items. All such news items are owned by their respective copyright owners and may not be used by you without the owner of the copyright owner or as otherwise provided by applicable law.
(e) User Restrictions on Intellectual Property. The rights and licenses granted to you in this Agreement are subject to the following, you will : (i) not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise exploit the Services except as expressly authorized in this Agreement, (ii) not modify, disassemble, decompile, or reverse engineer any part of the Services; (iii) not access the Services in order to build a similar or competitive website, application or service; (iv) not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Services; and (v) not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services will be subject to this Agreement.
(f) Beta Services. From time to time, we may make beta services, features or tools with which you may experiment (collectively, "Beta Services"). Such Beta Services are offered to you solely for experimental purposes and without warranty of any kind, and may be modified or discontinued at our sole discretion. If we provide you access to a Beta Service you agree to assist us in the testing and evaluation of the Beta Service during the beta period and to provide Feedback, which we may use and will be governed by the provisions below (Feedback). The provisions of this section apply with full force to any Beta Services that are identified to you as beta.
( g) Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us, including through any suggestion, feedback or forum pages ("Feedback") is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights without restriction and in all media now known and later developed.
(a) Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not Newsle, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Services ( "Your Content"), and other Users of the Services, and not Newsle, are similarly responsible for all Content they make available through the Services ("User Content"). As between you and Newsle, unless uploaded by you, all news items made available through the Services that were first published by third parties are the responsibility of such third party and not Newsle.
(b) No Obligation to Pre-Screen Content. You acknowledge that Newsle has no obligation to pre-screen Content (including, but not limited to, Your Content, User Content and news items initially published on third party sites), although Newsle reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that the Company pre-screens, refuses or removes any Content, you acknowledge that the Company will do so for the Company's benefit, not yours. Without limiting the foregoing, the Company shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
(c) License. When you upload your Content to Newsle, you grant us a non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license, under any and all of your copyright and other intellectual property rights related to you Content, to use, display, reproduce, re-post, modify (e.g., re-format), re-arrange, and distribute your Content within our Services. Except as may be provided in our privacy policy ( http://newsle.com/privacy), you agree that any of your Content or modifications of your Content, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by us or our Users if we authorize them to do so. Without limiting anything we just said, you authorize us to: (i) combine your Content with other content, including content associated with the Services and/or owned and licensed by us and (ii) to allow others to do the same. Please remember that Newsle is a public platform, and that other Users may search for, see, use, and/or re-post any of your Content that you make available through the Service. As with any public platform, we encourage you to be thoughtful about the information that you make available to others both with respect to your own safety and the sensitivities of others.
(d) Warranty. You represent and warrant: (i) that you own your Content or are authorized by the Content owner to post your Content and grant Newsle the licenses granted in Section 4(c) above, (ii) that you will not use your Content to engage in deceptive or unfair trade practices or (iii) otherwise engage in illegal activity. We are under no obligation to pre-screen your Content or the Content of any other User.
We believe that you should do unto others as you would have others do unto you and with that in mind, we've established this Acceptable Use Policy. Please respect it. We say "please" to be polite (and to do unto others . . . ), but please means that you must comply with these policies. Accordingly, you agree not to:
● harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their and our consent;
● interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
● attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means;
● harass or interfere with another user's use and enjoyment of the Services;
● introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
● harass, defame, libel, defraud, threaten, infringe the privacy of, or tortuously injure the Site's users and customers;
● upload, transmit, display or distribute any offensive, discriminatory, obscene, vulgar, patently offensive, harmful or pornographic content, or any content that is otherwise objectionable;
● infringe on our Intellectual Property Rights ("IP Rights") or the IP Rights of third parties, which may encompass copyright, patent, trademark, trade secret, or other proprietary rights;
● interfere with our ability to provide Services to our users and subscribers;
● upload, post, e-mail, 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;
● systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
● use, display, mirror or frame the Services, or any individual element within the Services, including our arks or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent, and
● use any unauthorized software that accesses, intercepts, "mines" or otherwise collects information from or through the Services or that is in transit from or to the Services, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Services.
(a) Third-Party Websites & Ads. The Services may contain links to third-party websites ("Third-Party Websites" ), promotions and advertisements for third parties (collectively, "Third-Party Websites & Ads"), including links from summaries of a news item in your news feed to the original source of the news item. When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. The Third-Party Websites and Ads are not under the control of Newsle. Newsle is not responsible for any Third-Party Websites & Ads. We provide these Third-Party Websites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
(b) App Store. When you download our Applications, you will do so through Apple Corporation's App Store, another third party. You acknowledge that this Agreement is between you and us and not the App Store. As between the App Store and us, we, not the App Store, are solely responsible for the Services, including the Application, the content, maintenance, support services, and warranty, and addressing any claims relating (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce them. The following applies to any Application accessed through or downloaded from the Apple App Store (" App Store Sourced Application"):
(i) You acknowledge and agree that (A) the Terms are concluded between you and Newsle only, and not Apple, and (ii) as between Newsle and Apple, Newsle, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(ii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(iii) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Newsle and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Newsle.
(iv) You and we acknowledge that, as between Newsle and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(v) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Newsle and Apple, Newsle, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(vi) You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(vii) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
You agree to indemnify and hold Newsle (and our officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand due to or arising out of (a) your use of the Services, (b) your Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE NOTE AGAIN THAT THE SERVICES SIMPLY IDENTIFY NEWS ITEMS PUBLISHED BY TRADITIONAL NEWS MEDIA, BLOGS AND OTHER MEDIA. NEWSLE IS NOT LIABLE FOR THE CONTENT OF ANY NEWS ITEM, INCLUDING ANY INACCURACIES OR VIOLATIONS OF THIRD PARTY RIGHTS (E.G., DEFAMATION, RIGHTS OF PRIVACY OR RIGHTS OR PUBLICITY). FURTHER, WHILE NEWSLE USES REASONABLE EFFORTS TO ENSURE THAT ARTICLES IN YOUR NEWSFEED ARE IN FACT ABOUT INDIVIDIUALS WHO ARE YOUR FRIENDS, CONNECTIONS, CONTACTS OR INDIVIDUALS IDENTIFIED BY YOU AS INDIVIDUALS YOU WOULD LIKE TO FOLLOW, NEWSLE DOES NOT GUARANTEE, AND SPECIFICALLY DISCLAIMS THE ACCURACY OF OUR DISAMBIGUATION ALGORITHM. NEWSLE IS NOT LIABLE IN THE EVENT THAT YOU, OR ANY OTHER INDIVIDUAL IS IDENTIFIED AS THE SUBJECT OF A NEWS ITEM WHEN IN FACT YOU OR THEY ARE NOT THE SUBJECT, AND YOU OR THEY SUFFER REPUTATIONAL DAMAGE AS A RESULT OF SUCH INACCURATE ASSOCIATION.
IN NO EVENT WILL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100) THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and
every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature
(including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to,
any interactions with, or act or omission of, other users of the Services or Third Party Sites & Advertisements.
You acknowledge that you are familiar with the provisions of California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You hereby expressly waive and relinquish all rights and benefits under California Civil Code Section 1542 and any law or legal principle of
similar effect in any jurisdiction with respect to the release and/or discharge granted herein, including but not limited to the release of unknown
claims.
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Newsle Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Newsle Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Newsle Account may involve deletion of your Content associated from our live databases. Newsle will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Newsle Account or deletion of your Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3(d), 3(e) and 3(g), and 4 - 16.
We respect the intellectual property of others and ask that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
a. your physical or electronic signature;
b. identification of the copyrighted work(s) that you claim to have been infringed;
c. identification of the material on our services that you claim is infringing and that you request us to remove;
d. sufficient information to permit us to locate such material;
e. your address, telephone number, and e-mail address;
f. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
g. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Newsle is:
Newsle Copyright Agent
2029 Stierlin Ct.
Mountain View, CA 94043
Your privacy is important to us. Please review our Privacy Policy, located at Newsle.com/privacy.
a. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us or our employees, agents, successors, or assigns, will exclusively be settled through binding and confidential arbitration.
b. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures").
c. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to, at most, VERY LIMITED REVIEW BY A COURT.
d. You and Newsle must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees' and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
e. Notwithstanding the foregoing, either You or we may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement. Such claims will be exclusively brought in the state or federal courts located in San Francisco, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in court in order to maintain the status quo pending arbitration, and you and we hereby agree that such a claim for equitable relief will be brought exclusively in a state or federal court located in San Francisco, California, and agree to submit to the personal jurisdiction of the state or federal courts located within San Francisco, California for such purpose. A request for interim measures will not be deemed a waiver of the right to arbitrate.
f. With the exception of subparts (a) and (b) in the Section above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither You nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in San Francisco, California, and you and we agree to submit to the personal jurisdiction of the state or federal courts located within San Francisco, California for such purpose.
g. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that we intend to announce such Services or Content in your country. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
(a) Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by posting notice of the changes on our Site. Any changes to this agreement will be effective for Registered Users upon the effective date listed for Registered Users in the email or notice and for all other Users will be effective immediately (the " Applicable Effective Date") You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following the Applicable Effective Dative will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
(b) Choice Of Law. This Agreement and any claim, cause of action, or dispute between you and us, including but not limited to any claim, cause of action, or dispute arising out of or relating to this Agreement or your using or accessing the Services, shall be governed by the laws of the State of California, consistent with the Federal Arbitration Act, regardless of your country or state of origin or where you use or access the Services, and without giving effect to any conflict-of-law principles that may otherwise provide for the application of the law of another jurisdiction.
(c) Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees.
(d) Copyright/Trademark Information. Copyright © 2013, Newsle Inc. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third parties. You are not permitted to use such trademarks, logos and service marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information:
LinkedIn Corporation
Attn: Agreement Matters (Legal)
2029 Stierlin Court
Mountain View, CA 94043