NewsPin Terms of Service
Date of Last Revision: July 20, 2011.
Welcome to NewsPin (hereinafter "NewsPin", "we" or "us")! NewsPin provides a software platform (hereinafter “Service”) that enables you to to create, follow, upload content to or browse private, or public information streams containing links to third party web resources (hereinafter “Streams”). Service can be used or accessed via a website or smartphone application (hereinafter “Communication Channels”).
These Terms of Service (hereinafter “Terms” or “Terms of Service”) contain general terms that apply to you as a user of the Service. By accessing and using Service, you agree to be bound by these Terms.
IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE SERVICE IN ANY MANNER.
The Service is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Service. Any person who provides their personal information through the Service represents to us that they are 13 years of age or older. If NewsPin discovers through reliable means that you are younger than 13, we will cancel your account.
You may not use the Services and may not accept the Terms of Service if (a) you are not of legal age to form a binding contract with NewsPin, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Stream as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
NewsPin is a Service operated by Inner Circle LLC. We are registered in Estonia under company registration number 11957921 and have our registered office at 2 Pärnu rd., Tallinn 10145.
Registration Data; Account Security
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms (hereinafter "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to NewsPin, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
You agree that you will be solely responsible for all activities that occur under your account. Therefore You should never disclose your password to any third parties. If you lose control of your password, you may lose substantial control over your Information and Content and my be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials appearing on Service (hereinafter “Content”), whether posted to public or private Streams, are the sole responsibility of the person from whom such Content originated. You, and not NewsPin, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You understand that Service acts only as a forum and technical interface between users and that NewsPin does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to NewsPin. NewsPin does not control the Content posted via the Service and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.
You understand that by using the Service, you may be exposed to Content that might be offensive, indecent or objectionable and that you use Service at your own risk.
Under no circumstances will NewsPin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. Please note that NewsPin functions as collection of web links. Copyright and any other rights for the content behind every web link belong to original copyright holder. Posting to NewsPin does not transfer any copyright of the original content to you. the Unless you have agreed otherwise in writing with NewsPin, you agree that you are responsible for protecting and enforcing intellectual property rights of this Content and that NewsPin has no obligation to do so on your behalf.
For all Content that you submit or make available for inclusion on publicly accessible areas of the Service, you automatically grant, and you represent and warrant that you have the right to grant, NewsPin a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on all possible devices used to access the Service. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or NewsPin removes such Content from the Service. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding NewsPin or Service is entirely voluntary and NewsPin will be free to use such feedback, comments or suggestions as it sees fit, entirely without obligation of any kind.
Service is containing links to third-party sites that are not under the control of NewsPin, and NewsPin is not responsible for, nor does it guarantee the accuracy or integrity of, the content (s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that NewsPin endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through NewsPin, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. NewsPin is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on Service. In addition, links to advertising that has not been approved by NewsPin may be embedded in third party content displayed on Service. NewsPin is not responsible for any content, cookies, or other technology used in connection with such advertising.
You should be aware that Content presented to you as part of the Service, including but not limited to advertisements in the Service and sponsored Content within the Service may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to NewsPin (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by NewsPin or by the owners of that Content, in a separate agreement. You may not engage in or facilitate the posting, modification, distribution, reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. NewsPin will terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification by the copyright owner or the copyright owner's legal agent.
Usage and Storage
To protect the privacy and security of our users and to prevent Denial of Service attacks, NewsPin may establish general practices and limits concerning use of the Service, including without limitation the maximum number of email messages that may be sent from a Stream on the Services, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on NewsPin servers for each Stream, maximum number of users in one NewsPin and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. NewsPin reserves the right to log off accounts that are inactive for an extended period of time. NewsPin reserves the right to modify these general practices and limits from time to time without further notice.
You agree that NewsPin has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
Code of conduct
You agree not to post, publish or transmit any Content that:
- is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory
- is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner
- is illegal, violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability
- is tortuous, defamatory, libelous or invasive of another's privacy or publicity rights
- infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party you do not have a right to make available under law or contractual or fiduciary relationships
- includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available
- bears any false, disguised or misleading origin
- contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
You agree not to use Service for following purposes:
- harass or advocate harassment of another person or entity
- perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law
- provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act
- impersonate any person or entity or misrepresent in any way your affiliation with a person or entity
- transmit unsolicited email, junk mail, mass mailings or spam, chain letters, promotions or advertisements for products or services
- collect or store any information about other users or members, other than in the normal course of using Service for their intended purpose of facilitating voluntary communication among users
- transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item
You agree not to:
- Access, tamper with, or use non-public areas of the Service, computer systems, or the technical delivery systems of NewsPin Service technical providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Service or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- create user accounts using any automated means or under false pretenses.
Interstate and International use
NewsPin property and service
All right, title, and interest in and to Service are and will remain the exclusive property of NewsPin and its licensors. Service is protected by copyright, trademark, and other laws. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service. You may not copy or modify the HTML code used to generate web pages for Service. You may not use the Service on or in connection with any other website, for any purpose.
NewsPin reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. NewsPin will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service is Available “AS-IS”
THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NewsPin EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. NewsPin MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NewsPin MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NewsPin OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NewsPin AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR CONTRACTS, LOSS OF INCOME OR REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS, LOSS OF OFFICE TIME OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NewsPin HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you violate any of these Terms, your permission to use the Service will automatically terminate. NewsPin has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service, (ii) remove and discard any Content within any Stream or anywhere on the Service or (iii) shut down a Stream, with or without notice, and with no liability of any kind to you.
Upon deactivating your account, you will no longer have a right to access your Content or any of your Groups. NewsPin will not have any obligation to assist you in migrating your Content or your Stream follower data off of the Service and NewsPin does not keep any back-up of any of your Content. NewsPin is not responsible for deleting your Content on your behalf. Note that, even if your Content is deleted from NewsPin active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in this Agreement.
You agree to defend, indemnify, and hold harmless NewsPin, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms or any Content posted, published, transmitted or otherwise provided by you or on your behalf.
You may contact NewsPin in the following ways: