Terms of Service - Media/ClientTerms of Service
1. Acceptance of terms
Newscast Online provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. When using particular Newscast Online services, you and Newscast Online shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. Description of service
Newscast Online currently provides users with access to a rich collection of online resources, including personalized content and branded programming (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Newscast Online assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Your registration obligations
In consideration of your use of the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Newscast Online has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Newscast Online has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Member account, password, and security
You will receive a password and account designation upon completing the Service's registration process which includes your acceptance of these Terms of Service. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Newscast Online of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session by clicking on the 'Exit Newscast' menu option. Newscast Online cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. Member conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Newscast Online, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Newscast Online does not control the Content posted via the Service (with the exception of Newscast Online Syndicate Content) and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Newscast Online be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including, but not limited to, a Newscast Online official, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
You acknowledge that Newscast Online does not pre-screen Content (with the exception of Newscast Syndicate Content), but that Newscast Online and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Newscast Online and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Newscast Online or submitted to Newscast Online.
You acknowledge and agree that Newscast Online may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:(a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Newscast Online, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. Special conditions for International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
You agree to indemnify and hold Newscast Online, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. No resale of service
You agree not to reproduce, duplicate, copy, sell, or resell any portion of the Service, use of the Service, or access to the Service.
9. General practices regarding use and storage
You acknowledge that Newscast Online may establish general practices and limits concerning use of the Service. You agree that Newscast Online 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. You acknowledge that Newscast Online reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Newscast Online reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. Modifications to service
Newscast Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Newscast Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Price information is subject to change without notice.
You agree that Newscast Online, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Newscast Online believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Newscast Online may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Newscast Online may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Newscast Online shall not be liable to you or any third-party for any termination of your access to the Service.
12. Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 advertiser. You agree that Newscast Online shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Newscast Online has no control over such sites and resources, you acknowledge and agree that Newscast Online is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Newscast Online shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. Newscast's proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Newscast Online or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Newscast Online grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Newscast Online for use in accessing the Service.
15. Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Newscast Online EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Newscast Online MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Newscast Online is a distributor and not a publisher of content supplied by third parties on the Newscast Online web site. Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by third parties, are those of the respective authors or distributors and not of Newscast Online, or its affiliates, or any of its shareholders, officers, directors, employees or agents. Neither Newscast Online, nor its affiliates, or any of its shareholders, officers, directors, employees, or agents, nor any third party, including third-party content providers, sponsors or licensers, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Newscast Online represents the opinions and judgments of the respective third-party provider, sponsor or licenser. Newscast Online, neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Newscast Online website by anyone other than an authorized Newscast Online employee. Under no circumstances shall Newscast Online, or its affiliates, or any of its shareholders, officers, directors, employees or agents, be liable for any loss or damage caused by a user's reliance on information obtained through the Newscast Online website or any loss or damage caused by a user being exposed to information contained on the Newscast Online web site. It is the responsibility of the user to evaluate the information, opinion, advice, or other content available through the Newscast Online web site.
16. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Newscast Online SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEWSCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. Exclusions and limitations
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 ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. Special disclaimer for services relating to financial matters
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Newscast Online shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
20. Trademark information
Newscast Online, the Newscast Online logo, and other Newscast Online logos and product and service names are trademarks of Newscast Online Limited registered in Ireland 546506 (the "Newscast Online Marks"). Without Newscast Online's prior permission, you agree not to display or use in any manner, the Newscast Online Marks. All website design, text, graphics, content, the selection and arrangement thereof, and all software Copyright © 1999, Newscast Online Limited ALL RIGHTS RESERVED. Any use of materials on this website - including reproduction, modification, distribution, or republication - without the prior permission of Newscast Online is strictly prohibited.
21. Copyrights and payment for use of content
Images and other content used on the Newscast Online website are the property of their respective copyright owners and are used by Newscast Online, pursuant to express authorization from the copyright owners or their agents. ALL RIGHTS RESERVED. Any use of the images or other content, including the reproduction, modification, distribution or replication of same, must comply with the 'Usage Terms & Conditions' displayed in download areas of the Newscast Online site. Any other usage outside these Usage Terms & Conditions without the express permission of the owner of the Copyright, their agents, or Newscast Online, is strictly prohibited.
By accepting the TOS you agree to pay Newscast Online the fees indicated in download areas of the site for use of content, and to abide by the payment and other terms and conditions indicated in these areas entitled 'Usage Terms & Conditions'.
Newscast Online respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Newscast Online Limited the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a 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;
a statement by you 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.
By using the Newscast Online media library content (or part thereof) for reproduction, in any shape or form across any media or communications platform, users agree to abide by the following terms. You acknowledge and agree:
That no right or licence is granted by way of acceptance of these terms.
That all intellectual property rights in the content of footage shall remain vested absolutely with Newscast.
That Newscast grants the user a non-exclusive license to use the video (or part thereof) solely for media purposes and not as advertising or for revenue generating purposes.
Not to commit or omit any act or pursue any course of conduct which will, or is likely to bring the name of Newscast or the Newscast brand into disrepute or damage the goodwill or reputation of Newscast.
Full credit for the provision of the information shall be clearly visible below or alongside the footage as follows: reproduced by kind permission of Newscast Archives.
That the media upon which the content is provided to you will be 1) stored safely and securely and not provided to any third party save as strictly required for the purposes of use, and 2) returned to Newscast or removed from files no later than 7 days after use.
That the section under “Disclaimer” on the homepage of newscast.co.uk has been read and is agreed.
Not to edit or distort the content so as to produce a misleading or abusive use of the content.
These terms shall be governed by and construed in accordance with Irish law and subject to the exclusive jurisdiction of the Republic of Ireland courts.
23. General information
The TOS constitute the entire agreement between you and Newscast Online and govern your use of the Service, superseding any prior agreements between you and Newscast Online. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Newscast Online shall be governed by the laws of the country from which you have accessed the site. You and Newscast Online agree to submit to the personal and exclusive jurisdiction of the courts of that country. The failure of Newscast Online to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
24. Termination of Client Image/Video Hosting Services
24.1 Termination of services notice agreement
Either party may, at its option, terminate the image or video hosting Agreement upon (60) calendar days’ written notice to the other party, or, upon payment of six months’ fees in lieu of written notice. Upon such termination, all rights and duties of the parties toward each other shall cease. In the event of such termination notice of Newscast services by the Company must be in writing and shall be deemed received when personally delivered or mailed by certified or registered post to Newscast Online registered office - 124 Lower Baggot Street, Dublin 2, Dublin, Ireland.