Terms & Conditions
If you breach, violate, fail to follow, or act inconsistently with any part of the Agreement, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service or any other product(s) or service(s) we provide. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the User Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You hereby represent and warrant that you are above the age of consent under the applicable law in the country in which you reside. If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this User Agreement in your name and on your behalf.
We will not knowingly collect information of anyone under the age of 13. If you become aware of anyone under the age of 13 using our services, please report this to: [email protected]
You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you.
You are not required to sign up for an account to view or explore our Website. However, certain services such as the App require the user to register by providing your email address or by logging in to your Google or Facebook account.
If you choose to register with us, you agree to: (i) provide true, current, accurate and complete information and keep your Account information updated (ii) update such information to keep it true, accurate and complete at all times. If you fail to do so, we have the right to terminate your access to and use of your account and the Services.
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization.
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 notify us 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 alter your password if we believe that your password is no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your password.
The term "Content" includes, without limitation, information, data, text, photographs, graphics, videos, audio clips, written posts, articles, comments, software, scripts, and interactive features generated, provided, or otherwise made accessible on or through the Services.
You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments on social media, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by News Shots and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
You grant NewsShots a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for NewsShots, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by NewsShots, including any Submission posted on or to the Services through a third party. By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
COPYRIGHT INFRINGEMENT & TRADEMARK RIGHTS
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the App, or Website (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Website are the property of NewsShots and are protected under applicable laws in the United States. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of NewsShots; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the App / Website / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
We comply with the Digital Millennium Copyright Act ("DMCA").
It is our policy to
If you believe that your content has been copied in a way that is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement to [email protected] We will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DMCA, which may include NewsShots removing or disabling access to Third Party material claimed to be the subject of infringement or other activity. All notices sent to us regarding matters other than informing us that a party's copyrighted material may have been infringed as a result of third party materials will not receive a response through this process. In order to be effective, your written notice must include:
(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.
If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at [email protected] We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
You can also reach us by email: [email protected]
Third Party Affiliates
We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
Third Party Links
Certain sections of the Website may provide links to web sites of third parties. Any information, products, software, or services provided on or through these third party web sites are controlled by the operators of such web sites and not by NewsShots or our affiliates. When you access these third party sites, you do so at your own risk. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party.
Restrictions on Linking and Framing
You may insert a hyperlink to the Website or App, provided that the link does not state or imply any sponsorship of your Website by NewsShots. You may not frame or inline link to any of the content of the Website or App, or include any of our material or intellectual property onto any other website or digital platform without our written permission.
FEES & PAYMENT
NewsShots reserves the right to add/change its fees from time to time at its sole discretion. It also reserves the right to add or change its features and introduce new fees for these new features. We will provide you with written notice before making any changes.
Your App subscription, which may start with a promotional rate, will auto-renew at the end of the cycle stated at the time of your order unless and until you cancel your subscription or we terminate it. You can view the date of your next scheduled payment or cancel your subscription at any time by clicking on the “My Account” in the app. You will not receive a notice from us that your promotional period has ended or that your subscription has auto-renewed.
By placing an order for a subscription, you authorize us to charge you the subscription fee then in effect at the beginning of each Billing Period, plus applicable taxes, to your Payment Method.
Cancellation & Refunds
All purchases are final and all fees and taxes paid are non-refundable.
RULES OF CONDUCT
We grant you permission to only access and make personal use of the Website, App, it’s Services (and derivative works thereof) and its Content in any media formats and through any media channels (including, without limitation, third party websites and feeds). You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on our Website / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Website / Service either directly or indirectly, except with our written consent. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or in violation of or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any NewsShots server, or the network(s) connected to any server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
News Shots Inc. forbids you from any attempts to resell or put to commercial use any part of the App, Website; any collection and use of any product listings, descriptions; any derivative use of the App or Website or its contents on other channels (including, without limitation, third party websites and feeds); displaying the name, logo, trademark or other identifier of another person (except for News Shots or you).
You agree not to (directly or indirectly): (i) decode , disassemble, reverse engineer or attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK
Each party (the “Indemnifying Party”) hereby agrees to indemnify, defend and hold harmless the other party, its shareholders, equity holders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by such other party (collectively the “Losses”), to the extent such Losses (or actions in respect thereof) arise out of or are based on: (a) the breach of any representation or warranty made by the Indemnifying Party herein, or any of Indemnifying Party’s obligations herein; or (b) any claim arising from the fraud, gross negligence or wilful misconduct of such Indemnifying Party. You further agree to indemnify, defend and hold News Shots Inc. and its affiliates, and their respective officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses, injuries, and damages of any kind (including attorney's fees) resulting from your use, misuse or abuse of the Services or Website, including any content provided or otherwise authorized by you for use in connection with the Services.
NEITHER PARTY SHALL BE LIABLE HEREUNDER (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE) FOR ANY LOSS OF PROFIT, ANTICIPATED PROFITS, REVENUES, ANTICIPATED SAVINGS, GOODWILL OR BUSINESS OPPORTUNITY, OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THIS AGREEMENT. SUBJECT TO THE ABOVE, AND EXCEPT FOR LIABILITY ARISING FROM A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, THE MAXIMUM TOTAL, AGGREGATE LIABILITY OF EACH PARTY FOR ANY AND ALL CLAIMS AND ACTIONS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID NEWS SHOTS INC IN THE LAST THREE (3) MONTHS, OR, IF GREATER, FIFTY DOLLARS $50.
Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in New York, New York, and administered by the American Arbitration Association (“AAA”) or similar arbitration body and conducted by a sole arbitrator in accordance with the AAA’s Commercial Arbitration Rules or the arbitration rules of a similar arbitration body. The arbitration shall be governed by the Federal Arbitration Act, codified in chapter 1 of Title 9 of the United States Code, as amended, to the exclusion of state laws inconsistent therewith or that would produce a different result, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Except as may be required by law or to the extent necessary in connection with judicial challenge, or enforcement of an award, neither a party nor the arbitrator may disclose the existence, content, record, or results of an arbitration.
Before commencing any action pertaining to a controversy or claim arising out of or relating to this User Agreement, the party wishing to commence the action shall provide reasonable notice to other party before commencing the action, in order to allow the parties an opportunity to resolve the dispute before resorting to legal action.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT Any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by News Shots Inc. at its sole discretion.
You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Services constitutes your acceptance signature to these Terms. We may provide notices to you electronically (1) via e-mail if you have provided us with a valid email address or (2) by posting the notice on a website designated by us for this purpose. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.
If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
If you required any information regarding our Terms, you may contact as at [email protected]