Terms

Complete Website User Agreement

Effective Date: November 1, 2009

Welcome to the Newzstand website. Your use of and access to this website is subject to your compliance with the following terms.

Newzstand complies with the Children’s Online Privacy Protection Act of 1998. Newzstand does not accept registration or data from users who are under 13 years of age. You represent that by using this site, you are at least 13 years old. If Newzstand learns of any user that is younger than 13, Newzstand will take steps to remove that user’s information from its systems.

Acceptance of terms: PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE www.Newzstand.com WEBSITE. By accessing and using this Website in any way you agree to be bound by the terms of use described in this user agreement (“Terms”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS, DO NOT USE THIS WEBSITE. The Terms are entered into by and between Newzstand and you.

Modification of terms: Newzstand reserves the right, at Newzstand’s sole discretion, to change, modify, update, add, or remove portions of the Terms at any time with or without notice. Please check these Terms periodically for changes. Your continued use of this Website following the posting of changes to the Terms will signify your acceptance of those changes.

Use of Newzstand services: You agree to use the services on this Website, including the search, browsing and aggregation services, comment and tagging features, access and use of a private email address, mail receipt and forwarding features, personalization of favorites and tag lists and other features on this site for informational, personal, and non-commercial purposes only. You may not use any content on this website for any other reason.

Your conduct: If you provide registration information to us, you agree to provide true, accurate and complete information to us and to update such data as necessary. If we have reasonable grounds to suspect that your information is inaccurate we may suspend or terminate your account and prohibit you from any use of the Website. You agree not to use any user name that is obscene, defamatory, or derogatory. If we issue you a password, you will not share it with others. You understand that you must log out from our site at the end of each session, and failure to do so may result in unauthorized use of your account for which we will not be liable.

You agree not to sell, resell or offer for any commercial purposes the services or content you receive from this Website. You agree to not use the Website, or any of the content obtained from the Website, for any purpose that is unlawful or prohibited by these Terms. You will not threaten or harass any person or user through the Website. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website. You agree not to reverse engineer, decompile, modify, or attempt to gain unauthorized access to Websites. You agree not to interfere with or disrupt the Website or take any action that overloads or could overload our infrastructure.

Content on the site: You are solely responsible for all content and materials that you upload, post, e-mail, transmit, or otherwise make available to us or on this Website. This also means that each other user, and not Newzstand, is entirely responsible for user content or materials that may be provided to you. You acknowledge that you may find things objectionable or offensive on the Website. You also bear all risks associated with the use of any content or materials, whether provided by us or other users, including any reliance on the accuracy, completeness, or usefulness of such content. We may remove your content or other content at any time for any reason.

You hereby grant to us a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, distribute, display, perform, create derivative works of, transmit, distribute, and publish all content and materials you provide to us for any purpose, including for this Website or other web sites, and for making your content and materials available in any medium now known or later developed.

Termination: We may terminate your account (and prohibit you from establishing any new accounts) without notice for any reason in our discretion, including for violation of these terms or other rules on the site, fraudulent activity, abusing privileges, harassment of others, your request to terminate, or by law or court order. Newzstand reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or any of its services or sections. Newzstand shall not be liable for any termination of a user’s website access or for any suspension or discontinuance from the Website.

Proprietary information: Copyright © 2009 Newzstand, Corp. All Rights Reserved. The technology and the software underlying the Website and its services is the property of Newzstand Corp. and your sole right to use it is as granted in these Terms. Newzstand is a trademark or registered trademark of Newzstand. All other trademarks, trade names, service marks, service names are the property of their respective holders.

Privacy policy: Newzstand respects your desire for privacy. Newzstand’s Privacy Policy for this website can be found here. By using the website, you are consenting to the terms of our Privacy Policy.

Links to third party web sites: This Website may contain links to third-party sites which are not under the control of Newzstand, and Newzstand is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Newzstand is providing these links to you only as a convenience, and the inclusion of any link does not imply that Newzstand endorses or accepts any responsibility for the content on such third-party site.

DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND NEWZSTAND HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, NEWZSTAND DISCLAIMS ANY WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEWZSTAND SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEWZSTAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, REMOVAL OR TERMINATION OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR ANY OTHER MATTER RELATING TO THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU.

GENERAL TERMS: The Terms constitute the entire agreement between you and Newzstand and govern your use of the Website, superseding any prior agreements between you and Newzstand relating to your use of this Website (including, but not limited to, any prior versions of the Terms). By accessing the Website you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this Website, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the courts in California, USA. The failure of Newzstand to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.