Terms of Service

Revised and Effective February 4, 2016

IMPORTANT: You are responsible to read the following Terms of Service (Agreement) carefully before accessing or otherwise using this internet site owned by American Newzine, Inc. (the Company also herein referred to as Licensor). If you do not fully agree to become a party to this Agreement as set forth in this document, you do not have permission to access or otherwise use this site and should immediately exit from it. If you do not, you are hereby notified that you are in violation of this Agreement and applicable laws and regulations.

The following legally binding terms and conditions apply to you or where applicable the organization you represent.

By accessing or using this site in any way or for any reason whatsoever, either intentionally or accidentally, you automatically confirm that you fully understand and agree to the following terms and conditions.

Privacy Statement

The Privacy Statement for this site is a separate document and is hereby incorporated into this Agreement. By accepting and agreeing to these Terms of Service, the person registering and if applicable the organization he or she represents hereby accepts and agrees with the Privacy Statement for this site.

Non-exclusive English-Speaking License

As a user (non-subscribing visitor) or subscriber you are hereby granted a non-exclusive user license for the non-commercial use of this internet site, its contents, products, and services except as expressly permitted elsewhere in this Agreement (See below the Supplemental Terms & Conditions Applicable to Publishers and Broadcasters.) on the site, or through a separate Agreement between you and the Company.

As a user or subscriber, you are expected to be conversant in English or arrange for suitable and accurate translation if a translation service is not provided by the Company.

The Company affirms that the fair use doctrine under U.S. copyright law applies to the use of this site and its contents.  For your convenience, you may read the official summary here: http://www.copyright.gov/fls/fl102.html.

Except in accordance with the fair use provision of U.S. copyright law, and as provided for elsewhere in this Agreement, commercial use of this site and its contents are strictly prohibited without the expressed written permission of the Company.

Your non-exclusive license may be suspended or revoked by the Company with or without notice should your use of the site violate these terms and conditions. Other legal remedies may be sought by the Company against you if you violate this Agreement.

Your non-exclusive license is an individual one unless the Company agrees in writing otherwise as specified elsewhere in this Agreement.

The Company reserves the right to add, modify or discontinue any product, service, or feature of this site with or without notice to you and for any reason whatsoever unless the Company has expressly agreed in writing otherwise.

Supplemental Terms & Conditions

There may be other terms and conditions posted on this website that apply to certain parts of this website or certain products or services offered through it. These supplemental terms and conditions, regardless of title, are hereby incorporated into this Agreement.

NOTE TO PUBLISHERS AND BROADCASTERS: The Supplemental Terms & Conditions applicable to publishers and broadcasters appear at the bottom of this document.

Age Restriction

This site provides access to a variety of products and services intended for use by adult citizens of the United States of America (USA) who are at least 13 years of age unless children are under the direct and active supervision of a parent, guardian, or teacher.

Republishing, Broadcast, and Distribution Rights

Republishing, broadcasting, and distribution of the contents of this site are strictly prohibited unless the Company expressly agrees in writing otherwise on this site or in another agreement.

Subscription

PAYMENT: If you choose to become a paid subscriber, the subscription amount is payable in U.S. dollars (USD) via a valid major debit or credit card acceptable to us or our processing service. The subscription begins when the order is accepted and, where applicable, the payment is processed.

SALES & VAT TAX: Sales and VAT tax may be due and payable in accordance with applicable tax laws and regulations. The amount of the tax is to be added to the order or paid in arrears, whichever applies.

RENEWAL: Paid subscriptions auto-renew at the current offer price and are billed per the subscriber’s account preference.

CANCELLATION: A subscriber may cancel a subscription at any time.  A refund, if any, is processed in accordance with the subscription offer applicable to your subscription.

Upon cancellation, you may request that your personal information be deleted.

Archiving of Content

Some content on this website is stored indefinitely while other content is removed with or without notice at the discretion of the Company or its authorized representative.  No guarantee or warranty, either expressed or implied, is made with regard to the length of time any content may be available on this site.

Restrictions on Use

This site is intended for use subject to the terms and conditions of this Agreement.

No content from this site is to be published, broadcast or distributed on any site, on any program, or anywhere else that contains pornography or any form of sexually explicit content, indecent cause or activity, un-American cause or activity, or unlawful activity.

You agree that you will not use or cause to be used any robot, spider, or other automatic device, or manual process to monitor or copy this site’s content without the written permission of the Company.

The following are strictly prohibited except as outlined below for customers of our syndication services (publishers and broadcasters licensed under this Terms of Service),  or allowed by law of appropriate jurisdiction, or by written Agreement of the Company:

  1. modification
  2. replication
  3. data extraction
  4. data mining
  5. distribution
  6. commercial use of any kind

Copyrights, Trademarks, and Other Intellectual Property

All content on this site, including site design, code, text, graphics, interfaces, and the selection and arrangements thereof, is the property of the Company with all domestic and international rights reserved; or is the property of third parties protected by their intellectual property rights.

We respect the property of others. All logos, brands, trade names, and trademarks found on or through this site are the property of the respective owner(s).  You agree not to use them beyond the use allowed by law without the written approval of the respective owner(s).

You also agree not to use or cause to be used the Company’s property, or the property of others, in any way whatsoever that may cause confusion in the marketplace; or in any manner that is likely to discredit or otherwise cause harm to the products, services, goodwill, or reputation of the Company.

If you believe that any material on this site infringes upon your property rights or the property rights of others, or the rights of someone else, then please promptly notify us with all pertinent information by registered mail at the address listed at the bottom of this document.  Your notice is to include the following:

  1. The details of any such claim including screen shots or other tangible proof of the validity of the claim.
  2. Reasonable proof that you own or represent the owner of the property in question.
  3. The contact information reasonably necessary to get in touch with you including your legal name, daytime phone number, email address, and USPS address.
  4. The following statement is to be included in your claim exactly as shown: “I am filing this claim in good faith with the understanding that a false claim could result in legal action against me including liability for any expenses and damages that may result from a falsified claim.”
  5. Your notarized signature at the bottom of your written notice including the statement and information outlined above.

No Implied Endorsement

By displaying or allowing to be displayed on this site the products, services, trademarks, etc., or the links to other sites, the Company does not imply, directly or indirectly, that it endorses or recommends them in any way whatsoever.

Sponsors, Advertisers and Affiliations

The Company may accept paid and unpaid sponsorships and advertisements. The Company may also enter into paid and unpaid affiliate relationships with third parties. For these and other business arrangements the Company may receive tangible or intangible benefits including cash compensation.

Regardless of the type of relationship we have with any third party, we strive not to allow any such relationship to impair our judgment and work as independent journalists.

Third-Party Sites

This site may include links to third party sites. Third party sites are not a party to this Agreement.  You acknowledge that the Company is not responsible in any way whatsoever for a third party site or your access or use of third party sites.

You are responsible to contact the third party site if you have any problems, concerns, or any other matter pertaining to your access and use of it.

Appropriate Behavior Required

This site and its content are for general audiences and in particular ladies and gentlemen who act appropriately and politely toward one another.  If you post or cause to be posted on this site any view, opinion, comment, suggestion, or other information, deemed inappropriate by the Company or its authorized representative, access and use of the site may be subject to suspension or termination with or without notice.

The decision to terminate or suspend access is made at the sole discretion of the Company or its authorized representative.  If an appeal is made it is to be decided at the sole discretion of the Company’s chief executive officer, regardless of job title, whose judgment is final on the matter.

Examples of inappropriate behavior include the following: illegal discrimination, personal attacks, profanity, extreme rudeness, unpatriotic statements, sexual content, and gross disrespect for the good reputation of an individual, company, institution, etc.

Minimum Equipment and Conditions Required

To use this site as intended by the Company, you are responsible keep your reading device (computer, tablet, mobile device, etc.), software, and internet connection up to date and in good working condition. You are responsible to pay all related fees and expenses.

Suspension and Termination

To the full extent allowed by law, at its sole discretion the Company reserves the right to refuse service or sell a product to any individual, company, or organization.  Likewise, it reserves the right to terminate service with or without notice to anyone who may be or is in violation of this Agreement. At the sole discretion of the Company or its authorized representative, exceptions may be made for relatively insignificant or unintentional violations.

Interruption of Service

In the event of an unplanned interruption of service, the Company is not responsible for or incur any liability whatsoever for the incident except for a prorated adjustment in the respective cost or fee for service (liquidated damages). The liquidated damages are the sole remedy.

You must submit a request for any such adjustment to the Company within 30-days of the incident or your claim is invalid.

By your accessing or otherwise using this site, you acknowledge and agree that the Company does not guarantee continuous, uninterrupted access to this site.  Even though we strive to avoid any problems, you understand and agree that this site may be unavailable or impaired at any time and for any length of time.

Disclaimer

Access and use of this site is provided on an “as is” and on an “as available” basis.  This applies equally to other sites you may visit via links on this site. Even though we strive to deliver high quality, error-free products and services, the Company does not represent or warrant their accuracy, reliability, other qualities, or suitability for any purpose.

The Company disclaims any implied warranties of merchantability, non-infringement, and fitness for a particular purpose.  Some legal jurisdictions do not allow some of these exclusions in which case one or more may not apply.

Limitation of Liability and Indemnification

The Company is not liable for any damages whatsoever, and in particular the Company is not to be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the access and use of this site and any site linked to it except as provided elsewhere in this Agreement. You agree to hold harmless the Company from any liability arising from or related to your access or use of this site, or your inability to access or use this site. The same applies to any site linked from this one.

To the fullest extent allowed by law, you agree to indemnify and hold harmless the Company, its shareholders, directors, parents, subsidiaries, affiliates, officers, and employees, from and against any claim or demand, including reasonable attorneys’ fees and costs, related to or arising from your access or use of this site at any time or for any reason, and in any manner whatsoever.

Some legal jurisdictions do not allow the above limitations and indemnification provisions. In any such case they may not apply.

Compliance

As a user of this site you are responsible to know, understand, and comply with all governing laws and regulations.  You agree that you are not to use this site in any way that is not in compliance with all applicable laws or regulations.

International Use

If you access or use this site from outside the USA, you are responsible to use this site in strict compliance with all applicable local laws and regulations regardless of your citizenship.

If you are not a citizen of the USA, you agree that you will access or use this site only in accordance with all applicable laws and regulations of the country(ies) of your citizenship.

You also agree to have your personal information imported and stored at the Company’s discretion and designated location(s) which may or may not be in the country(ies) of your citizenship

Governing Jurisdiction

The laws and regulations of the State of California and the USA respectively govern the access and use of this site.

Changes

The Company may update or otherwise revise this Agreement at any time with or without notice.  When we do make a revision, we include the effective date.  A revised version of this Agreement is effective when it is posted on this site unless it specifies otherwise. We encourage you to check periodically to see if a revised version is in effect.

Regardless, whenever you access or use this site, you hereby acknowledge and agree to the then current version of this Agreement.

Dispute Resolution

You hereby acknowledge that you have many choices when using the internet, and that the Company is just one of many that offers similar products and services.

To help keep the Company’s costs low and likewise the price of its products and services, the following dispute resolution provision applies to this Agreement.

To the full extent allowed by law, any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of it, including the determination of the scope or applicability of this Agreement to mediate or arbitrate, is to be promptly determined first by direct negotiation, then, if and as needed, by mediation, and then if and as needed by arbitration in or near Walnut Creek CA USA.

Mediation and arbitration under this Agreement is to be administered by JAMS (www.jamsadr.com) in accordance with its expedited domestic or international rules and procedures, whichever apply, with a qualified, competent, and neutral mediator and arbitrator hearing the case.

Judgment on the mediation or arbitration award may be entered in any court having jurisdiction.

This provision does not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The mediator and arbitrator may include legal fees and costs in the award especially if the case is deemed, in his or her sole judgment, to be frivolous, predatory, or vindictive in nature.

By accessing or using this site, you automatically affirm that you acknowledge, understand, and agree to this dispute resolution provision. You further agree that you are freely and automatically giving up your right to settle any such dispute, claim, or controversy in a court of law, or in a trial by jury.

If, by whatever means and for any reason whatsoever it is determined that the Company is liable for damages to you, in no event the total of all damages of any kind whatsoever is to exceed the sum of $100 or the total of any net subscription fees paid to the Company, whichever is greater, as liquidated damages. This sum is in addition to any applicable refund of subscription fees.

Other Terms & Conditions

These terms and conditions represent the entire Agreement between you and the Company on the topic and supersede any other.

If, for any reason, any part of this Agreement is deemed unlawful, void, or unenforceable by an appropriate jurisdiction, that part is to be considered automatically deleted or amended to the extent necessary to bring this Agreement into full compliance. All other parts are not to be affected, and are to remain valid and enforceable.

If for any reason the Company does not exercise any of its rights under this Agreement, at any time and for any reason, it maintains the right to do so in the future at its sole discretion.

In the event of the sale, merger, acquisition, division, or liquidation of the Company, and at its sole discretion, the Company may assign this Agreement to a third party. This Agreement survives any such assignment to a third party who then becomes the Company under this Agreement.

Headings in this Agreement are for convenience only and do not have any legal meaning.

Authorship of this Agreement is not to prejudice its interpretation.

You are responsible to read the Privacy Statement for this site via the navigation tab labeled “Privacy.” The current Privacy Statement is a supplement to this Agreement and is an integral part of it.

This Agreement is in addition to, and does not supersede any other written agreement between you and the Company. Should there be any conflict between any such agreements, the terms and conditions of any other agreement between you and the Company supersede the respective ones this Agreement.

Notice

You are to direct any legal notice or question pertaining to this Agreement to the following address:

American Newzine, Inc.
696 San Ramon Valley Blvd #340
Danville CA 94526

However, please be advised that since we are in the media industry and not a law firm, we do not provide legal advice.  You should refer any legal question to your legal counsel.

Supplemental Terms and Conditions Applicable to Publishers and Broadcasters

Revised and Effective February 4, 2016

The above Terms of Service agreement is hereby amended as follows. Any conflict between the above terms and conditions with those below are to be settled in favor of the latter.

AGE: The content on this site is intended for use by adult citizens of the United States of America (USA) who are at least 13 years of age unless children are under the direct and active supervision of a parent, guardian, or teacher.

Authorized Representative: By completing the registration, the person doing so represents and warrants that he/she is authorized to subscribe on behalf of the registered company or organization.

License, Licensee, and Licensor: The License granted hereunder through these Terms of Service is for the non-exclusive, limited license to publish or broadcast for editorial purposes the designated product(s) selected by the Licensee at the time of subscription to the Licensor’s syndication services. The content may be published or broadcast on any platform including digital, print, cable, satellite, TV, or social media. Archival rights are included in perpetuity as long as it is done in accordance with the then current Terms of Service Agreement. The business or legal name of the organization listed in the registration record of this site is the Licensee of the Company’s syndication services under the terms and conditions outlined in this document which hereby constitutes the License between the parties. The Company is hereby made the Licensor under this License. The legal name of either party may be changed with notice to the other party as provided in these Terms of Service.

No Change in Relationship

No other relationship between the Licensor and Licensee exists as a result of this Agreement other than as Licensor and Licensee. This agreement does not constitute a partnership or joint venture.

Content Use, Editing & Alteration: All content on this site is made available  for editorial purposes only. Any other use is strictly prohibited without express written permission of the Licensor. Cropping of infographics is prohibited. Written text of any kind may not be edited except for any accompanying article which may be edited for conciseness without changing the meaning or intent. The use of “thumbnail” images is permitted, and the use of the suggested article accompanying the image is optional. The content may not be used in any publication or on any broadcast not suitable for general audiences in particular those that publish or contain graphic sexual content.

License Fee, Audience, and Taxes: For purposes of selecting the applicable License Fee, the licensee selects that Audience size that closest matches its audience size. This selection is to be made in good faith. Retroactive adjustment to the license fee may be made if is determined that this is in order due to an unitentional or intentional declaration of audience size by the licensee.

Any applicable sales or value added tax is due and payable at the time of payment processing or anytime thereafter if such a tax is deemed applicable by any governing authority of jurisdiction.

License Term, Rate Guarantee, and Renewal: The term of this Agreement begins when the registration process is complete and the Licensor accepts it with a written or emailed notification to the applicant. The subscription rate, either monthly or annual, is guaranteed for twelve months upon completion and acceptance of the registration. No adjustment in the subscription fee is made during the annual term no matter how the Licensee’s audience increases or decreases. A new rate applies for any subsequent term(s) based on the then current estimated size of the Licensee’s audience or print size. Upon any renewal of this Agreement, the billing will be automatically processed. Licensee agrees to keep the billing information for the Account current.

Non-acceptance: The Licensor, with or without cause, reserves the right to refuse to accept the registration for a License of any person or organization for any reason whatsoever.

Cancellation, Non-Renewal: The Licensee may cancel this Agreement at any time through the Account tab on the Home Page. A full refund is issued if you cancel within the first 30 days.  No refunds are made mid-term thereafter. The refund shall be issued to the debit or credit card on file. The Licensor, with or without cause, reserves the right to non-renew a License for any reason whatsoever, with or without cause or notice, by notifying the applicant or Licensee via email using the last known email address on file with the Licensor.

Review or Audit: The Licensor reserves the right to review or audit the Licensee’s audience size at the Licensor’s expense and no more frequently than annually. The Licensee shall cooperate in any such review or audit by providing all requested pertinent information or otherwise promptly complying with any reasonably request made by the Licensor or designated representative.

Payment Terms: The Licensee shall pay all applicable license fees in U.S. dollars via major credit card as designated by the Licensor. If Licensee prefers, manual billing is available with a processing and handling fee currently set at $25 per invoice and statement. The processing and handling fee is subject to change with notice to the Licensee via email.

Primary Communication Channel: The Licensor’s email announcement service is the primary means of communication between the parties. Accordingly, the Licensee agrees to keep its Account information current including the email address in order that the Licensee may receive routine and non-routine correspondence from the Licensor including any that may pertain to service downtime.

No Transfer of Property Rights: Copyrighted and registered intellectual property the Licensor and any third-parties remains the property of the respective owner. No ownership or shared ownership rights whatsoever are conveyed to the Licensee by virtue of this License. The use of the Licensor’s name and trademarks and service marks are permitted for editorial and attribution purposes only.

—    American Newzine, Inc.