January 8, 2013
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Terms and Conditions
1. Grant of License. These Terms and Conditions provide you with a personal, revocable, non-exclusive, non-transferable license to use the Newsmax Offerings conditioned on your continued compliance with these Terms and Conditions.
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Except as set forth herein, nothing in these Terms and Conditions is intended to confer any benefit on any third party (whether such benefit would have arisen under any applicable law or regulation or otherwise) and no term will be enforceable by any third party.
2. Intellectual Property Rights; Right to Use; Modification of Newsmax Offerings.
(a) The Newsmax Offerings, including their layout and design, are protected by United States trademark and copyright law and other applicable law and are the exclusive property of Newsmax or its licensors (except as otherwise identified) and, except as expressly provided herein, Newsmax does not grant any express or implied right in any such materials to you. In particular and without limitation, Newsmax owns the copyright in the Newsmax Offerings as a collective work and/or compilation. Newsmax also owns the copyright on, or holds a license for, any and all databases accessible on the Newsmax Offerings and in the selection, coordination, arrangement, aggregation and enhancement of the content of the Newsmax Offerings. Newsmax is entitled to use all such databases, Submissions (as defined in Paragraph 11, below) and User-Generated Content (as defined in Paragraph 11, below) for such purposes not inconsistent with these Terms and Conditions or any other of our agreements with you. You may, on an occasional and irregular basis, print and download materials and information from the Newsmax Offerings solely for personal and non-commercial use, or, only to the extent permitted by an Other Agreement, for internal business use, provided that you comply with these Terms and Conditions with respect to any copyright or other proprietary notices contained in such materials and information. All copyrights and trademarks not the property of Newsmax that are used or referred to in the Newsmax Offerings are the property of their respective owners, and may be subject to other or additional restrictions.
(b) If you believe that any of the Newsmax Offerings 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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(d) The components, data, and features of the Newsmax Offerings may be added to, modified, suspended, or discontinued by Newsmax without notice, and you agree that Newsmax shall not be liable to you or to any third party for any addition, modification, suspension, or discontinuance of the Newsmax Offerings or any part thereof.
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(a) To sell, resell or otherwise transfer or dispose to, or to be used by or for the benefit of, any other person or entity;
(b) To use, transfer, distribute, or dispose of any information contained in the Newsmax Offerings in any manner that could compete with the business of Newsmax or any of its suppliers;
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(d) To use the Newsmax Offerings or the information contained therein, including Newsmax’s trademarks, trade names, service marks, copyrights, or logos, to make or as part of unsolicited mailings or spam material. YOU MAY NOT USE ANY OF NEWSMAX’S OR ANY THIRD PARTY’S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH NEWSMAX’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS;
(e) To upload, post or send any information or content that (i) is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable, (ii) constitutes or is comprised of any commercial, promotional, or solicitation information or (iii) as more fully described in Paragraph 11(e), infringes on the rights of others, including (without limitation) intellectual property rights, rights of publicity or privacy, etc.;
(f) To harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
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(j) To express or imply that any statements you make are endorsed by us;
(k) To remove any copyright, trademark or other proprietary rights notices contained in the Newsmax Offerings;
(l) To disrupt, impair or interfere with the Newsmax Offerings; and
(m) To improve the quality of any data sold or contributed by you to any third party.
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(a) To use our news feeds, you will need a RSS news reader or personalized home page such as AOL, Google, MSN, or Yahoo!. You can find a list of news readers here.
(b) When using the Feeds in accordance with these Terms and Conditions, we ask that you provide attribution to Newsmax.com or the relevant affiliated website.
(c) Any uses of the Feeds not granted herein are strictly prohibited. Prohibited uses include, but are not limited to, the incorporation of advertising or the placement of advertising associated with or targeted at the content of the Feeds. You may not edit or modify the Feeds in any manner whatsoever. Feeds may be used only with platforms with a functional link which takes the viewer directly to the full article on the Sites. You may not insert any intermediate page, splash page or any other content between the Feed link and the applicable article on the Sites. Newsmax retains all ownership and other rights in the Feed content and in any and all Newsmax logos and trademarks used in connection with the Feeds.
Newsmax reserves the right to cease offering any or all of the Feeds at any time or to require you to cease distributing any or all of the Feeds at any time for any reason. Newsmax assumes no liability for your activities in connection with the Feeds or for your use of the Feeds in connection with your website.
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(a) For the purposes hereof, (i) “Submissions” shall include any ideas, suggestions, information, know-how, material, or any other content, however received for the Newsmax Offerings from you, whether or not sent privately or by electronic transmission; and (ii) “User-Generated Content” shall include whatever you submit, send, transmit or post (collectively, “post”) if you have registered on any of the Newsmax Offerings using secure passwords in order to make any such post; and (iii) all of such “Submissions” and “User-Generated Content,” as individual items (or any part thereof) and collectively (including in any combination), including with other users’ materials, shall be deemed “User Materials” for purposes hereof;
(b) With respect to all User Materials, (i) you will be deemed to provide a worldwide, paid-up, royalty-free, perpetual, irrevocable, nonexclusive right and license, including right of sublicense, for Newsmax, without limitation, to adopt, publish, reproduce, disseminate, transmit, distribute, perform, reformat, copy, use, create updates, analyses or other derivative works of, publicly display or broadcast (in whole or part), or act on such User Materials and all ideas, suggestions or know-how provided therein, for any purpose, without consideration, in any form, media, or technology now known or later developed, and (ii) with respect to all of the foregoing, you hereby waive any right to attribution or droit morale;
(c) Newsmax shall not be liable for any failure to store or display User Materials at any time;
(d) All User Materials you send or post will be accessible by Newsmax, you, and any other users who are entitled to similar privileges; that Newsmax does not pre-screen User Materials; that 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; and that no User Materials you send or post will contain (i) anything unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable, or (ii) any commercial, promotional, or solicitation information;
(e) With respect to all User Materials you send or post on any of the Newsmax Offerings: you are solely responsible; you assume all risks associated with its use, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information contained therein that makes you personally identifiable; and you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to that User Materials, including all the rights necessary for you to license, sublicense, and send or post any such User Materials;
(f) Notwithstanding anything contained herein to the contrary, Newsmax does not and cannot review User Materials and is not responsible for the content of User Materials; provided that, notwithstanding the foregoing, Newsmax may, but is not required to, accept, display or use any or any part of the User Materials; may remove any User Materials from the Newsmax Offerings for any reason without notice in its sole discretion; and shall not be liable for any failure to store or display User Materials at any time;
(g) You acknowledge and agree that you will receive no 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, and hereunder grant us full right to use, display and publish all of the foregoing, consistent with the terms hereof; and
(h) 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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