USER TERMS & CONDITIONS (“the agreement”)
Please read this agreement carefully. It sets out the terms under which Newsitems.com offers you use of its services as defined in this agreement and this website (“the Site”).” BY USING ANY OF THE SERVICES AND/OR THE SITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEB SITE.
This agreement is made between you and Newsitems.com.
Newsitems.com may make available to you chat areas, forums and/or other means by which communications, including User Generated Content, may be made available and/or disseminated publicly on the Site; shopping and other commercial and/or transactional services; advisory services; and/or competitions and/or contests.
The Services may be operated by third parties and where they are this will be made clear to you. Where such Services are operated by a third party you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Newsitems.com as a party and Newsitems.com cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
Use of the Site
The Site and the Services are for personal and non-commercial use only. You may download and print portions of the Site and/or the Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site and/or the Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Site and/or the Services, including User Generated Content (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of Newsitems.com is strictly prohibited.
You agree that you shall not use the Site or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorize or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm Newsitems.com computer systems or any third party computer system; and
You agree that you will not submit any material to the Site, including, without limitation, comments, reviews, ratings and material (“User Generated Content”) that is in any way, threatening, abusive, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable; in respect of which you do not have the necessary licenses or approvals; which constitutes or encourages conduct that would be considered a criminal offense or otherwise contrary to any law, regulation or code of practice, give rise to civil liability or infringe the rights of any third party anywhere in the world; which is or could be technically harmful; which is or may be deemed to be advertising or promotional materials including “spam” email; which makes excessive demands for bandwidth; which is inaccurate or misleading.
You will not impersonate any person or entity when submitting User Generated Content or misrepresent any affiliation with any person or entity.
You acknowledge that Newsitems.com has no obligation to monitor any User Generated Content but Newsitems.com has the sole discretion to modify or delete any such User Generated Content in its sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated with such User Generated Content anywhere in the world.
In the event that you are in breach of these Terms and Conditions and/or Newsitems.com’s Standards for User Generated Content at any time, Newsitems.com may terminate any account that you have with it and you may not open another account with Newsitems.com and Newsitems.com reserves the right to terminate any such account. In the event that you continue to contravene these Terms and Conditions and/or the Standards for User Generated Content Newsitems.com reserves the right to contact your employer, school or college or your internet service provider.
Newsitems.com will cooperate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of or any other information in relation to anyone who has submitted User Generated Content to Newsitems.com in breach or allegedly in breach of these Terms and Conditions and/or the Standards for User Generated Content. We may also disclose such information where we are advised by our lawyers that a court order would be granted requiring us to disclose it, even if no legal proceedings have been commenced in relation to the same.
You will not access or attempt to access the accounts of other users or penetrate or attempt to penetrate Newsitems.com security measures.
You acknowledge that submitting any User Generated Content to the Site does not guarantee that the User Generated Content, or any part of it will appear on the Site. You cannot edit or remove User Generated Content once you have submitted it to the Site. However, if you become aware of any inaccuracy in User Generated Content submitted by you, please contact Newsitems.com.
If you publish any User Generated Content via the Services by way of contributions to discussions or user reviews or comments, you automatically and hereby grant to Newsitems.com a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such User Generated Content into any form, medium or technology now known or hereafter developed. In addition, as between you and Newsitems.com, you assert and waive any and all moral rights in such User Generated Content.
The intellectual property in all design, text, graphics and other material (other than User Generated Content) and the selection or arrangement of such material in the Site and/or the Services is owned by Newsitems.com and/or its respective licensors.
Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Site and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Sites, the Services, including any User Generated Content, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Services and/or the User Generated Content has been so made available for guidance only. Newsitems.com has no responsibility or control over the contents of User Generated Content which may not be accurate and Newsitems.com cannot be held liable for any contents of User Generated Content or any consequences of you relying on it. Please be aware that any information and/or data in User Generated Content provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using any information and/or data contained in any User Generated Content. Your use of all and any information and/or data included in and/or on the Sites, the Services, including any User Generated Content, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Services and/or the User Generated Content is therefore entirely at your own risk. All liability of Newsitems.com, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site and/or the Services is expressly excluded to the fullest extent permitted by law.
The Site and/or the Services may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and Newsitems.com is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).
The onus for ensuring that material presented on the Internet is legal rests with the original content provider, and Newsitems.com will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of these Terms and Conditions. Notwithstanding, Newsitems.com shall have the right to remove any items it believes may be illegal or otherwise in breach of these Terms and Conditions.
Newsitems.com is the owner of: those trademark(s) indicated as such throughout the Site from time to time; and all other trademarks used in the Site and/or the Service which are not licensed to it by any third party.
All other trademarks, product names and company names or logos cited therein are the property of their respective owners.
The provisions noted in the clause on Data Protection and Use of Personal Information apply in respect of your use of the Site and/or the Services.
Availability and Security of the Site and the Service
Due to the nature of the Internet, Newsitems.com does not promise full and error-free operation of the Site and/or the Services at all times. All liability of Newsitems.com, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site and/or the Services is excluded, insofar as it is possible to do so in law.
Newsitems.com shall use reasonable endeavors to ensure that the Site, the Services and any information it holds on you are kept secure. However, due to the nature of the Internet, Newsitems.com cannot accept any liability for those who intentionally attempt to and/or gain unauthorized access to the same by means such as, without limitation, computer hacking (save to the extent that Newsitems.com is unable to exclude such liability by law).
Where you are asked to complete a Newsitems.com registration form the personal details that you provide must be true, accurate and complete.
You will keep your password(s) relevant to the Site and/or the Services and/or User Generated Content confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s). We do not have the means to check the identities of people using the Site and will not be liable where your username and/or password(s) are used by someone else. You agree to notify Newsitems.com immediately by email of any unauthorized use of your account of which You become aware.
You will not create additional accounts for the purpose of abusing the functionality of the Site or other users or for any other reason in breach of these Terms and Conditions.
You can cancel your registration at any time by contacting Newsitems.com.
Data Protection and Use of Personal Information
The Site and the Services are currently made available without charge to you by Newsitems.com. However, you are responsible for all telephone charges necessary to access and use the Site and the Services which are made available.
Newsitems.com may permanently terminate your access to the Services immediately for any reason.
Where a claim is brought against Newsitems.com by a third party in relation to your use of the Site and/or the Services and/or any User Generated Content you agree to fully reimburse Newsitems.com for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by Newsitems.com in or as a consequence of your breach of this Agreement and/or your use of the Site and/or Services and/or any User Generated Content which is included on the Site and/or the Services.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class mail, or facsimile transmission to the other party’s address as may be designated in writing from time to time. Any notice sent by first class mail shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Newsitems.com prior written consent.
Newsitems.com reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as Newsitems.com or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Variation of Terms
Newsitems.com reserves the right to vary this Agreement from time to time and such changes shall become effective as soon as they are posted. Your continued use of the Site constitutes your agreement to all such changes.