Last updated: December 1, 2016
1. Acceptance of Terms
The following contains the terms and conditions of a legal agreement (the “Terms") between you and WeSpeke, Inc. (“Company") governing your access to and use of http://www.getnewsmart.com and the Newsmart mobile apps, and all linked pages, including all applications, platforms and related content (the “Web Site").
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE WEB SITE, OR RELATED SOFTWARE, SERVICES, WEB SITES OR ANY OF COMPANY'S LICENSEES' SERVICES OR SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
COMPANY RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THE TERMS IN COMPANY'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. COMPANY MAY REVISE THE TERMS AT ANY TIME BY UPDATING THIS POSTING.
You further agree to be bound by and to comply with all applicable laws and regulations, including without limitation, all U.S. export laws and regulations.
2. Membership Agreement
Your usage of the members-only areas of the Web Site (including your Newsmart subscription) are governed by a separate Membership Agreement. You should ensure that you read and understand this Agreement before joining the Web Site.
3. Registration and Consent
Before accessing this Web Site, you must complete all required registrations. Additionally, you must provide all required consents and approvals of Company, or you may need to consent to, your access to and use of the Web Site and any of the materials, products and services provided through the Web Site, whether such consents and approvals are required by law or otherwise. The Company does not knowingly collect personal information from children under the age of 13 that falls within the Children's Online Privacy Protection Act. However, in the event children under the age of 13 register to use the Web Site, Company will require and maintain a parental consent for each child/children using this Web Site
4. Copyright Notice; Ownership of Proprietary Content
The material and content accessible from the Web Site, including all text, images, information, descriptions, coding, software, and graphics, along with the compilations of such (collectively, the “Proprietary Content") are the property of Company and are protected by U.S. and international laws, including but not limited to copyright laws and treaty provision, trademark laws, and other proprietary rights laws. Neither title nor intellectual property rights are transferred to you by providing access to the Web Site. Nothing within these Terms or the Web Site shall be construed as conferring any of Company's or any third party's rights in the Proprietary Content on you, whether by estoppel, implication, waiver or otherwise.
All Company graphics, logos, designs, and names are trademarks of Company in the United States. These trademarks may not be used without prior permission of Company. All other trademarks not owned by Company which appear on this Web Site are the property of their respective owners and are either registered trademarks or trademarks in the United States and/or other countries. Inquiries concerning use of Company trademarks, service marks, trade names, logos, copyrights or Proprietary Content should be addressed to: email@example.com
In accordance with these Terms, any content submitted by you through the Web Site is or becomes the property of Company. You may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. In accessing the Web Site, you agree to: keep your login secure and confidential; and not permit others to use your profile. In submitting the information to the Company, Company will grant to you a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to use the materials. However, Company retains the exclusive right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Company, including but not limited to any user generated content, ideas, concepts, techniques or data to the services, you submit to Company, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any restrictions or other third party rights. The Proprietary Content may not be appropriated, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company. You may not modify, publish, or create derivative works from the Proprietary Content without Company's prior written permission. In connection with any approved use of the Proprietary Content, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Proprietary Content. Modification or use of the Proprietary Content except as expressly provided in these Terms violates Company's intellectual property rights. Other than as set forth herein, no express or implied rights to use or license in the Proprietary Content are granted to you. As a condition of your use of the Web Site you warrant to Company that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms.
8. Collection of Personally Identifiable Information
Company collects specific personally identifiable information that you provide in order to maintain your profile. Company may employ third-party companies to perform services or functions on its behalf. These companies may require access to personally identifiable information in order to perform their functions on behalf of Company, but may not use it for any other purposes.
9. Third Party Access
As an essential function of creating your profile on the Web Site and following your affirmative consent, Company enables third parties to access your profile for purposes of reviewing your information. Company is not responsible for and does not endorse any content, reviews, information or other materials on the Web Site from third parties. Company does not screen, audit, or endorse any review. Accordingly, if you allow third parties to review and access your profile, you do so at your own risk and agree that such use is without any warranty from Company.
Company does not warrant the accuracy or completeness of the Proprietary Content, materials or information provided on this Web Site. Company is not responsible for any misuse or misappropriation of information provided in your profile. THIS WEB SITE AND ITS CONTENT IS PROVIDED ON AN “AS IS" “AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If you are harmed by information posted on the Web Site, regardless of how such information is provided to the Web Site, you are permitted to terminate your profile. Such termination is your exclusive remedy. Company does not have any obligation to monitor or verify any users of the Web Site and cannot monitor or verify the accuracy of any information, regardless of the content provided through the Web Site. Therefore, Company disclaims all liability for use or misuse of the information provided through the Web Site. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS WEB SITE OR THE PROPRIETARY CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHER LEGAL THEORY, INCLUDING CUSTOMER'S USE OF OR INABILITY TO USE THIS WEB SITE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF YOUR USE OF THIS WEB SITE OR THE PROPRIETARY CONTENT.
You indemnify Company and hold it harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submitted by you through the Web Site, and (3) any activity in which you engage on or through the Web Site.
12. Termination or Restriction of Access
Company reserves the right, in its sole discretion, to terminate your registration and access to the Web Site for violations of the Terms at any time, without notice. Additionally, Company may restrict, suspend or terminate your access to the Web Site and any account or profile for engaging in any of the following conduct, which in the sole discretion of Company, violates the Terms including, but not limited to creating a false profile, providing false information or references on your account or profile, infringing any Proprietary Content, or any other action that is in violation of any state or federal law, rule or regulation. Upon termination of your access to the Web Site, Company will delete your account or profile. The Terms shall survive any termination of your access to the Web Site.
13. Right to Modify
Company may modify these Terms at any time, with or without notice to you, by posting the modified Terms on this Web Site. You continued use of the Web Site after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events which occur following the date of modification. You may not modify any of the Terms without prior written authorization of Company.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority to bind Company in any respect whatsoever. The failure of either party to exercise any of its rights provided herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
15. Governing Law
These Terms shall be governed and construed in accordance with the State of Delaware, U.S.A. without regard to conflicts of law principles. Any dispute arising between you and Company shall be exclusively subject to the jurisdiction of the Delaware state and federal courts in Delaware and you hereby consent to such jurisdiction.