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Iamnews.com (“Iamnews”) is a website providing for an
internet based media platform (the “Site”). The services offered by Iamnews
include a platform for publishers and reporters to connect and tools that
enable cooperation in the creation of content (collectively, the
“Services”).
This Terms of Use Agreement (“Agreement”) contains
the legally binding terms for your use of the Services. You may access the
Site and use the Services only if you agree to abide by all applicable laws
and accept the terms of this Agreement. Please read this Agreement carefully
and save it. If you do not agree with it, you should leave the Site and
discontinue use of the Services immediately.
This Agreement includes the terms and
conditions for use of the Services and terms that apply to text, files,
images, photos, video, sounds, musical works, works of authorship, or any
other materials (collectively, “Content”) posted on the Site, as well as your
rights, obligations and restrictions regarding your access to the Site and use
of the Services. By using the Services, you agree to be bound by this
Agreement, whether you are a “Visitor” (which means that you are only browsing
the Site) or you are a "Member" (which means that you have registered with the
Site, and may upload Content to the Site). The term "User" refers to a Visitor
or a Member. You are only authorized to use the Services (whether as a Visitor
or a Member, regardless of whether your access or use is intended) if you
agree to abide by all applicable laws and to this Agreement. Issues concerning
collection and use of information by Iamnews are described in Iamnews’
Privacy
Policy.
Iamnews may modify this Agreement from time to time
and such modification shall be effective upon posting by Iamnews on the Site.
You agree to be bound to any changes to this Agreement when you use the
Services after any such modification is posted. It is therefore important that
you review this Agreement regularly to ensure you are updated as to any
changes.
Please choose carefully the information that you
provide to other Users. Iamnews reserves the right, in its sole discretion, to
reject, refuse to post or remove any posting by you, or to restrict, suspend,
or terminate your access to all or any part of the Services at any time, for
any or no reason, with or without prior notice, and without liability.
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Eligibility. Use of the Services and
access to the Site is void where prohibited. By using the Services, you
represent and warrant that (a) all registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 18 years of age or older or otherwise have the
ability to form a binding contract; and (d) your use of the Services does
not violate any applicable law or regulation or any obligation you may
have to a third party.
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Term. This Agreement shall remain in
full force and effect while you use the Services and thereafter, including
Sections 5-16. You may terminate your registration at any time, for any
reason, by following the instructions on your
account page. Iamnews may terminate your
registration at any time, without warning.
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Fees. The use of the Site is
currently free of Charge.. However, Iamnews reserves the right to charge
fees for the access to and/or use of the Site, or any or part of the
Services and/o any specific features related to the Site or the
Services.
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Password. When you register to the
Site you will be asked to choose a password. You agree not to use the
account, username, or password of another User at any time or to disclose
your password to any third party. You agree to notify Iamnews immediately
if you suspect any unauthorized use of your account or access to your
password. You are entirely responsible for maintaining the confidentiality
of your password, and for any and all use of your account.
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Non-commercial Use. Unless
specifically authorized in writing by the creator of the Content, Content
may not be used in connection with any commercial endeavors in any manner.
Illegal and/or unauthorized use of the Services, including collecting
usernames and/or email addresses of Users, crawling for Content either
manually or automatically by electronic or other means for the purpose of
sending unsolicited email or unauthorized framing of or linking to the
Site or use of its content is prohibited. Posting of commercial
advertisements, links, and other forms of solicitation may be removed
without notice and may result in termination of your registration.
Appropriate legal action will be taken in Iamnews’ discretion for any
illegal or unauthorized use of the Services.
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Proprietary Rights in Content;
Trademarks.
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The Services contain Content of Iamnews (the
“Iamnews Content”). The Iamnews Content is protected by copyright,
trademark, patent, trade secret and other laws, and Iamnews owns and
retains all of its rights in the Iamnews Content, the Site and the
Services. Subject to the limitations set forth in Section 5 above,
Iamnews hereby grants you a limited, revocable, nonsublicensable
license to display and print the Iamnews Content (excluding any
software code) solely for your personal use in connection with viewing
the Site and using the Services.
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You represent and warrant that: (i) you own
the Content posted by you on or through the Site or Services or
otherwise have the right to grant the licenses set forth in this
agreement (including the Commons License), and (ii) the posting of
your Content on or through the Site or Services does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties, fees,
and any other monies owing any person by reason of any Content posted
by you to or through the Site or Services.
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“Iamnews”, “Iamnews.com”
and other Iamnews trademarks, service marks, logos, product and
service names are trademarks of Iamnews Ltd. (collectively, “Marks”).
You agree not to display or use the Marks in any manner without the
prior written permission of Iamnews.
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Content Posted.
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Iamnews may delete any Content that in
the sole judgment of Iamnews is inappropriate for display on the Site,
violates this Agreement or which may be offensive, illegal or violate
the rights or harm any person or entity or threaten the safety of any
person. Iamnews assumes no responsibility for monitoring the Site or
Services for inappropriate Content or conduct. If at any time Iamnews
chooses, in its sole discretion, to monitor the Site or Services,
Iamnews nonetheless assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the Member submitting any such
Content.
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You are solely responsible for the Content
that you post on or through the Site or Services, and any material or
information that you transmit to other Users and for your interactions
with other Users. Iamnews does not endorse and has no control over the
Content. Content may be reviewed but is not necessarily reviewed by
Iamnews prior to posting and does not necessarily reflect the opinions
or policies of Iamnews. Iamnews makes no warranties, express or
implied, as to the Content or to the accuracy and reliability of the
Content or any material or information that you transmit to or receive
from other Users.
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Prohibited Content/Activity. The
following is a partial list of the kind of activity and/or Content that is
illegal or prohibited on the Site and through your use of the Services.
Iamnews may disclose any Content as it deems necessary to satisfy any
applicable law, regulation, legal process or governmental request or in
accordance with this Agreement. Iamnews reserves the right to investigate
and take appropriate legal action against anyone who, in Iamnews’ sole
discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities.
Prohibited Content includes, but is not limited to
Content that, in the sole discretion of Iamnews:
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is patently offensive and promotes racism,
bigotry, hatred or physical harm of any kind against any group or
individual;
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harasses or advocates harassment of another
person;
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exploits people in a sexual or violent manner;
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contains nudity, violence, or offensive subject
matter or contains a link to an adult website;
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solicits personal information from anyone under
18;
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provides any telephone numbers, street
addresses, last names, URLs or email addresses;
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promotes information that you know is false or
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
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promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
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involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant messaging or
"spamming";
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contains restricted or password only access
pages or hidden pages or images (those not linked to or from another
accessible page);
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furthers or promotes any criminal activity or
enterprise or provides instructional information about illegal
activities including, but not limited to making or buying illegal
weapons, violating someone's privacy, or providing or creating computer
viruses;
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solicits passwords or personal identifying
information for commercial or unlawful purposes from other Users;
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involves commercial activities and/or sales
without our prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes; or
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includes a photograph of another person that
you have posted without that person's consent; or
Prohibited activity includes, but is not limited
to:
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criminal or tortious activity, including child
pornography, fraud, trafficking in obscene material, drug dealing,
gambling, harassment, stalking, spamming, sending of viruses or other
harmful files, copyright infringement, patent infringement, or theft of
trade secrets;
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advertising to, or solicitation of, any User to
buy or sell any products or services through the Site or Services. You
may not transmit any chain letters or junk email to other Users. It is
also a violation of these rules to use any information obtained from the
Site or Services in order to contact, advertise to, solicit, or sell to
any User without their prior explicit consent. In order to protect our
Users from such advertising or solicitation, Iamnews reserves the right
to restrict the number of emails which a User may send to other Users in
any 24-hour period to a number which Iamnews deems appropriate in its
sole discretion. If you breach this Agreement and send unsolicited bulk
email, instant messages or other unsolicited communications of any kind
through the Site or Services, you acknowledge that you will have caused
substantial harm to Iamnews, but that the amount of such harm would be
extremely difficult to ascertain. As a reasonable estimation of such
harm, you agree to pay Iamnews $50 for each such unsolicited email or
other unsolicited communication you send through the Site or
Services
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any automated use of the system, such as using
scripts to add friends or send comments or messages;
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interfering with, disrupting, or creating an
undue burden on the Services or the networks or services connected to
the Services;
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attempting to impersonate another User or
person;
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using the account, username, or password of
another User at any time or disclosing your password to any third party
or permitting any third party to access your account;
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selling or otherwise transferring your profile;
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using any information obtained from the
Services in order to harass, abuse, or harm another person;
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displaying an advertisement or accepting
payment or anything of value from a third person in exchange for your
performing any commercial activity on or through the Site or Services on
behalf of that person, such as placing commercial content, posting blogs
or bulletins with a commercial purpose, or sending private messages with
a commercial purpose; or
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using the Site or Services in a manner
inconsistent with any and all applicable laws and regulations.
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Copyright Policy. You may not post,
modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such proprietary
rights. Without limiting the foregoing, if you believe that your work has
been copied and posted on the Site or by the Services in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information: (i) an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright
interest; (ii) a description of the copyrighted work that you claim has
been infringed; (iii) a description of where the material that you claim
is infringing is located on the Site or Services; (iv) your address,
telephone number, and email address; (v) a written statement by you that
you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; (vi) a statement by you, made
under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf. Iamnews’ Copyright Agent for notice of claims of
copyright infringement can be reached info at iamnnews.com.
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User Disputes. You are solely
responsible for your interactions with other Users. Iamnews reserves the
right, but has no obligation, to monitor disputes between you and other
Users.
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Privacy. Access to the Site and use
of the Services is also governed by our
Privacy
Policy, which is incorporated into this Agreement by this reference.
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Disclaimers. Iamnews is not
responsible for any incorrect or inaccurate Content posted on the Site or
in connection with the Services, whether caused by Users of the Services
or by any of the equipment or programming associated with or utilized in
the Services. Content posted on the Site is subject to change from time to
time at Iamnews’ sole discretion. Iamnews’ Content and Content created and
posted by Members may contain links to other websites or Content posted by
third parties. Iamnews is not responsible for the Content, accuracy or
opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by
Iamnews, and access to these third-party sites is at your own risk.
Iamnews takes no responsibility for third party advertisements which are
posted on this Site or through the Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
Iamnews is not responsible for the conduct, whether online or offline, of
any User of the Services. Iamnews assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User communication or
Content. Iamnews is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of any email
due to technical problems or traffic congestion on the Internet or on any
of the Site or Services or combination thereof, including any injury or
damage to Users or to any person’s computer related to or resulting from
participation or downloading materials in connection with the Site or
Services. Under no circumstances shall Iamnews be responsible for any loss
or damage, including personal injury or death, resulting from use of the
Site or Services, from any Content posted on or through the Site or
Services, or from the conduct of any Users of the Site or Services,
whether online or offline. You must evaluate and will bear all risks
associated with the use of any Content, including any reliance on the
content, integrity, and accuracy of such Content. The Services are
provided “AS-IS” and as available and Iamnews expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. Iamnews
cannot guarantee and does not promise any specific results from use of the
Site or Services.
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Limitation on Liability. WITHOUT
DEROGATING FROM ANYTHING ELSE CONTAINED HEREIN, YOU HEREBY ACKNOWLEDGE
THAT THE SITE AND SERVICES ARE UNDER DEVELOPMENT, IN THE ALPHA VERSION,
AND HAVE NOT BEEN FULLY TESTED. DUE TO THE NATURE OF THE ALPHA VERSION OF
THE SITE AND SERVICES, THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SITE AND SERVICES REMAINS WITH YOU. IN NO EVENT SHALL
IAMNEWS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF IAMNEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IAMNEWS’
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO IAMNEWS FOR THE SERVICES.
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Disputes. In the event of any
dispute about or involving the Services, you agree that the dispute shall
be governed by the laws of the State of New York, USA, without regard to
conflict of law provisions and you agree that all claims relating to the
Services be adjudicated exclusively in the applicable courts located in
New York, USA, provided that the foregoing shall not prevent Iamnews from
seeking injunctive or equitable relief in any court of competent
jurisdiction.
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Indemnity. You agree to indemnify
and hold Iamnews, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys’ fees, made by
any third party due arising out of or relating to your use of the
Services, your breach of this Agreement, any breach of your
representations and warranties set forth above or if any Content that you
post on the Site or through the Services or your use of the Services
causes Iamnews to be liable to or subject to a claim by another.
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Other. This Agreement is accepted
upon your clicking the ‘I accept’ button below. This Agreement constitutes
the entire agreement between you and Iamnews regarding the use of the
Services. The failure of Iamnews to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only
and have no legal or contractual effect. This Agreement operates to the
fullest extent permissible by law. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed severable from
this Agreement and shall be replaced by an enforceable provision most
nearly approximating the intent of the original provision and does not
affect the validity and enforceability of any remaining
provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE
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