June 10, 2015
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UNDER NO CIRCUMSTANCES WILL NEWSMAX OR ITS LICENSORS OR SPONSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF NEWSMAX OR ITS LICENSORS OR SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, NEWSMAX AND ITS LICENSORS AND SPONSORS DISCLAIM LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGES BASED ON YOUR USE OF THE NEWSMAX OFFERINGS. Newsmax is not liable for any damage arising from any infection by computer viruses, Trojan Horses and other malicious code which may result from your use of the Newsmax Offerings, so you should ensure that you use adequate, up to date, anti-virus software. Newsmax also assumes no responsibility or liability arising from the Newsmax Offerings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Newsmax Offerings. In addition, although we make a good faith effort to update the Newsmax Offerings periodically, we do not have a duty to update information contained in the Newsmax Offerings, and we will not be liable for any failure to update such information.
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11. User Materials. The following terms shall apply to content submitted by users on Newsmax Offerings:
(a) The Newsmax Offerings may contain comment sections, discussion forums, or other interactive features in which you may submit, post or upload user-generated content, including but not limited to comments, video, photos, messages, ideas, suggestions, information, know-how, articles, blogs, and other materials or items (collectively, “User Materials”). By submitting User Materials to Newsmax or on Newsmax Offerings, you represent that you are eighteen years of age or older and that you will fulfill the obligations set forth in these Terms and Conditions, which forms a binding contract between you and Newsmax.
(b) By submitting User Materials to Newsmax or on Newsmax Offerings, you automatically grant Newsmax a worldwide, fully paid-up, royalty-free, irrevocable, nonexclusive right and license, including right of sublicense, for a period of five (5) years, renewable at the discretion of Newsmax, to adopt, publish, reproduce, modify, adapt, edit, translate, disseminate, transmit, distribute, perform, reformat, copy, use, create updates, analyses or other derivative works of, publicly display or broadcast, incorporate into other works and otherwise exploit such User Materials (in whole or in part) and all ideas, suggestions or know-how provided therein, for any purpose, without consideration to you or to any third parties, in any form, media, or technology now known or later developed. You represent and warrant to Newsmax that you have the full legal right, power and authority to grant to Newsmax the license provided for herein. You further grant Newsmax the right, but not the obligation, to pursue at law any person or entity that violates your or Newsmax’s rights in the User Materials by a breach of these Terms and Conditions.
(c) If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Materials, you agree and warrant that (i) you do not require that any personally identifying information be used in connection with the User Materials, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the User Materials by Newsmax or its licensees, successors and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Materials; and (iv) you forever release Newsmax, and its licensees, successors and assigns, from any claims that you could otherwise assert against Newsmax by virtue of any such moral rights.
(d) By submitting User Materials, you represent and warrant that:
- You will not upload, post or otherwise transmit any User Materials that: (i) violates these Terms and Conditions, including, without limitation, the restrictions set forth in Paragraph 3; (ii) violates or infringes in any way upon the rights of others; (iii) you know to be false, misleading or inaccurate; (iv) contains anything unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (v) contains any commercial, promotional, or solicitation information, or disparages any product or service; or (vi) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right.
- You will not interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information or posting private information about a third party.
- You are solely responsible for all User Materials you send or post on any of the Newsmax Offerings, and you assume all risks associated with its use, including any reliance on its accuracy, completeness or usefulness by others, and any disclosure by you of information contained therein that makes you personally identifiable.
(e) All User Materials you send or post will be accessible by Newsmax, you, and any other users who are entitled to similar privileges. Newsmax does not take any responsibility or assume any liability for (i) the content of User Materials, (ii) the accuracy or credibility of any User Materials, (iii) any actions you may take as a result of reading or otherwise using User Materials, or (iv) any failure to store or display User Materials at any time. By accessing or using the Newsmax Offerings, you may be exposed to User Materials sent or posted by others that you may perceive as offensive or otherwise objectionable.
(f) Newsmax shall have the right, but not the obligation, to monitor User Materials to determine compliance with these Terms of Service and to satisfy any law, regulation or authorized government request. Although Newsmax has no obligation to monitor, screen, edit or remove any of the User Materials submitted to Newsmax or posted or uploaded to the Newsmax Offerings, Newsmax reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any such User Materials at any time and for any reason. In addition, Newsmax may share personally identifiable information in response to a law enforcement agency’s request, or as otherwise required or permitted by law.
(h) You acknowledge and agree that neither you, nor anyone else who may appear in your submission, will receive any compensation for any use (including for online or offline promotional purposes) by Newsmax of, or ideas, suggestions or know-how you provide in, your User Materials.
(i) If you believe that any User Material is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described on Newsmax’s Contact Information page.
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(a) Paid: A paid subscription is when a person pays in full at the time of registration for a certain term (usually twelve (12) months).
(b) Trial with a Premium Product: From time to time, Newsmax will offer a premium item (e.g., a free book, excluding applicable tax, shipping and handling charges) with a trial subscription to a Service.
(c) Bonus Trial: From time to time, Newsmax will give a bonus trial subscription to subscribers when they purchase a product or paid subscription.
The refund policy may differ depending on the type of subscription and offer. Please see the terms of the specific offer on the order page for a description of the applicable refund policy.
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14. Governing Law; Jurisdiction; Venue. Except as provided in Paragraph 15, these Terms and Conditions, including (without limitation) any disputes relating to the Newsmax Offerings, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of Florida, without reference to its conflict of law principles. Any litigation arising out of or connected in any way with any claim of infringement of copyrights or other intellectual property rights regarding the Newsmax Offerings shall take place in a State or Federal court of competent jurisdiction in Palm Beach County, Florida. You hereby consent to personal jurisdiction and venue in the State and Federal courts located in the State of Florida, Palm Beach County, with respect to any actions, claims, disputes or proceedings arising out of or in connection with the foregoing.
15. Dispute Resolution. Except as provided in Paragraph 14 or as specifically provided otherwise in any Other Agreement, any dispute, controversy or claim you may have arising out of or relating to these Terms and Conditions, including any disputes relating to the Newsmax Offerings, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be West Palm Beach, Fla. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in the State of Florida for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Newsmax may seek relief from a court of law in the event of a breach by you of these Terms and Conditions.
16. Enforcing Security on the Sites. Actual or attempted unauthorized use of the Sites may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Newsmax reserves the right to take steps Newsmax believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions such as view, monitor, and record activity on the Sites without notice or permission from User, including, without limitation, by archiving notices or communications sent by User through the Sites. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Sites as well as to disclosures required by or under applicable law or related government agency actions. Newsmax will also comply with all court orders or subpoenas involving requests for such information.
17. Injunctive Relief. User acknowledges that any breach, threatened or actual, of these Terms and Conditions, including, without limitation, with respect to unauthorized use of Newsmax proprietary assets, will cause irreparable injury to Newsmax, such injury would not be quantifiable in monetary damages, and Newsmax would not have an adequate remedy at law. User therefore agrees that Newsmax shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of User’s obligations under any provision of these Terms and Conditions. Accordingly, User hereby waives any requirement that Newsmax post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Newsmax to enforce any provision of these Terms and Conditions.
18. Term, Termination, Amendments. These Terms and Conditions will take effect when you first commence using any of the Newsmax Offerings, whether or not you enter into any Other Agreement. Newsmax reserves the right at any time and for any reason to deny you access to the Newsmax Offerings or any portion thereof. Termination will be effective without notice. Please note that Newsmax reserves the right to change these Terms and Conditions without notice. If a change is implemented by a posting on the Newsmax Offerings, it shall be deemed to take effect when posted. Your continued use of the Newsmax Offerings following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
19. Waiver. Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Newsmax of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
20. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Newsmax as a result of these Terms and Conditions or your utilization of the Newsmax Offerings.
21. Severability. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.
22. Entire Agreement/Reservation of Rights. Your rights to use certain material available on or through the Newsmax Offerings may be subject to separate digital or written agreements with Newsmax (“Other Agreements”). Particular pages or features of the Newsmax Offerings with content supplied by Newsmax or its licensors may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms.
23. Contact Information. If you would like to contact Newsmax, you can reach us at:
(b) firstname.lastname@example.org, if you would like to contact Newsmax’s copyright agent; or
(c) Mail: Newsmax Media, P.O. Box 20989, West Palm Beach, FL 33416.