Notice: Undefined index: terms in /var/www/pfn-website/config.php on line 86 meta charset="UTF-8"> Newsbeat Terms of Use and End User License Agreement

Newsbeat Terms of Use and End User License Agreement

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 16

The following Newsbeat Terms of Use and End User License Agreement ("Terms of Use" or "Terms") outline your license to use the Newsbeat mobile application and your obligations related to that use. You can also review our Newsbeat Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us and is incorporated into these Terms.

The Newsbeat application is licensed to you, not sold.

READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL CONTRACT GOVERNING YOUR USE OF A MOBILE APPLICATION AND CERTAIN SERVICES PROVIDED BY STARGRID COMMUNICATIONS INC AND ITS AFFILIATES (COLLECTIVELY, "Newsbeat").

1.ACCEPTANCE OF TERMS

The Newsbeat mobile application and all of the products, services and other materials made available on or through the mobile application (collectively, the "Application") is owned and operated by Newsbeat. You are bound by these Terms and the Newsbeat Privacy Policy if you download, install, complete a registration or otherwise use the Application. If you do not agree to all of these Terms, then you may not use the Application or access the content or any services in the Application.

BY DOWNLOADING, INSTALLING, OR USING THE NEWSBEAT MOBILE APPLICATION IN ANY WAY, CONNECTING THROUGH A THIRD PARTY SUCH AS FACEBOOK OR A SIMILAR OPTION, YOU AGREE TO BE BOUND BY THIS NEWSBEAT TERMS OF USE AND END USER LICENSE AGREEMENT.

2.LIMITED LICENSE GRANT

This section sets forth your limited license to use the Application ("License").

A.General.

B.Grant. Through the downloading, installation and/or us use of the Application, you are acquiring and Newsbeat grants you a personal, limited, non-exclusive, and non-transferrable license to install and use the Application for your non-commercial use on a single, authorized mobile device solely as set forth in this License. Your acquired license rights are subject to your compliance with this License and these Terms. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you download, install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application or Newsbeat's termination of this License.

C.Further Restrictions. Your right to use the Application is limited to the license grant above, and you may not otherwise copy, reproduce, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by Newsbeat in a signed writing. You may only use the Application in object code form. You may not attempt to create the source code from the object code of the Application or otherwise. You may not make any third-party software contained in the Application a stand-alone product. You may not sublicense or assign the Application. You are prohibited from making a copy of the Application available on a network where it could be used by multiple users. You are prohibited from making the Application available over a network where it could be downloaded by multiple users. You may not remove or alter Newsbeat's trademarks or logos, or legal notices included in the Application or related assets. Your right to use the Application is also predicated on your compliance with any applicable terms of agreements, if any, you have with third parties when using the Application.

D.Reservation of Rights. You have obtained a limited license to the Application and your rights are subject to this License until terminated. Except as expressly licensed to you herein, Newsbeat and its licensors reserve all right, title, ownership, and interest in the Application (including all characters, storyline, images, photographs, animations, video, music, text, and any other materials in the Application), and all associated copyrights, trademarks, patents, and other intellectual property rights therein. This License is limited to the intellectual property rights of Newsbeat's and its licensors in the Application and does not include any rights to other patents or intellectual property that are not part of the Application. Except to the extent permitted under applicable law, you may not copy, decompile, disassemble, translate, adapt, reverse engineer or otherwise reduce the Application to human readable form, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application. All rights not expressly granted herein are reserved by Newsbeat. You expressly agree that you will not contest, challenge, object to, dispute or otherwise oppose any intellectual property, including without limitation, patents, copyrights or trademarks, that Newsbeat claims either through registration, statutory or common law or otherwise in the Application.

E.Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. Newsbeat does not guarantee that this Application can be accessed on all devices or wireless service plans. Newsbeat's does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier or other telecommunications provider may charge you fees for data, messaging and/or other wireless access. Check with your provider to see if there are any such fees that apply to you.

F.Application Updates. You agree that the Application may automatically download and install updates, upgrades and additional features that Newsbeat deems in its sole discretion reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation Newsbeat's may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.

G.No Ownership Rights. You have no ownership rights in the Application. Rather, you have a limited license to use the Application as long as these Terms are in effect. Ownership of the Application and all intellectual property rights therein shall remain at all times with Newsbeat and/or its licensors. The use of the Application by any other individual, business, government or any other entity is strictly prohibited and is a violation of this License and these Terms.

H.Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from Newsbeat if you fail to comply with any of provision of these Terms. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of Newsbeat's other rights or remedies at law or in equity. Sections 2 (excluding the first sentence of 2.B) through 7, Section 9 through 18, and any supplemental terms of this License shall survive termination or expiration of this License for any reason.

3.MODIFICATION OF TERMS OF USE

Except for Section 16, providing for a waiver of class action rights, Newsbeat reserves the right, at its sole discretion, to modify or replace the Terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Application by you following such modification constitutes your acceptance of the Terms as modified.

4.ELIGIBILITY

You hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the Application for any purpose) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

If you do not meet the eligibility requirements of this section, then you are not permitted to use the Application and you agree that you will not use the Application. In addition to any other rights that Newsbeat may have in law or equity, Newsbeat's reserves the right to suspend or terminate the account of any purported user of the Application that does not meet the foregoing requirements.

5.CONDITIONS OF USING THE APPLICATION

A.Communications and Disclosure. As a result of your use of the Application, you may receive certain commercial communications from Newsbeat. You may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to feedback@newsbeat.me.

You acknowledge, consent and agree that Newsbeat may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms or the Newsbeat Privacy Policy; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Newsbeat's, its users and the public.

6.CONDUCT

As a condition of use, you promise not to use the Application for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Newsbeat. By way of example, and not as a limitation, you agree to the following:

  • You agree not to abuse, harass, impersonate, intimidate or threaten other Application users;
  • You will not download or use the Application if you are under the age of 13, regardless of any age rating that is given to the Application by any third party.
  • You will deny access to the Application to children under the age of 13, and you will monitor the use of Application so that it may not be used by children under the age of 13. You will be responsible for any use of your credit card or other payment instrument in the Application by anyone under the age of 18.
  • You will use the Application for personal and non-commercial purposes only.
  • You will not use the Application to advertise, solicit or transmit commercial advertisements, including without limitation junk e-mail, spam, spim, or any other unsolicited messages regardless of the medium (e.g., email, text, SMS, chat, etc.)
  • You will use the Application only for lawful purposes. This means that you will not use the Application to directly or indirectly violate any applicable law, rule or regulation or use the Application in any manner that would promote, aid or abet the violation of any applicable law, rule or regulation.
  • You will not transfer, sell or trade the Application to anyone without written permission from Newsbeat.
  • You will not use or access an Application that has been transferred, sold or traded from another Application user without written permission from Newsbeat, except as permitted by these terms.
  • You will not post any defamatory, threatening, harassing, abusive, libelous, or otherwise offensive or objectionable information in the Application.
  • You will not make available through the Application any information that infringes any intellectual property or privacy rights of any other person or entity.
Violation of our rules may result in the removal of your content from the Application and/or the termination of your right and ability to use the Application. You acknowledge and agree that Newsbeat may remove any User Content and terminate any account at any time for any reason To report Terms of Use abuse, please contact us at feedback@newsbeat.me.

7.USER CONTENT

"User Content" means any information, text, graphics, or other materials you submit, post, upload, display, or otherwise make available using the Application.

You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that you, not Newsbeat, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Application. Under no circumstances will Newsbeat's be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Application.

You acknowledge that Newsbeat may or may not pre-screen User Content, but that Newsbeat's and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Application. Without limiting the foregoing, Newsbeat.and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Newsbeat's sole discretion. You understand that by using the Application, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Application.

With respect to User Content you submit or make available on the Application, you grant Newsbeat an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.

You are solely responsible for your interactions with other users of the Application. Newsbeat reserves the right, but has no obligation, to monitor disputes between you and other users.

8.COPYRIGHT COMPLAINTS/DIGITAL MILLENNIUM COPYRIGHT ACT

Newsbeat has a policy of, in appropriate circumstances and at its discretion, terminating the accounts of users who infringe the intellectual property of others, including accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Newsbeat's Copyright Agent a Notice containing the following information:

A.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed;

B.a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location;

C.identification of the material that is claimed to be infringing or to be the subject of infringing activity, and a description of where that material is located;

D.your address, telephone number, and email address;

E.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;

F.a statement by you that the above information in your Notice is accurate and, and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You may send your claims of copyright or other intellectual property infringement to Newsbeat’s Copyright Agent at the following address:

Tribune Digital Ventures Copyright Agent,
435 N. Michigan Avenue
Chicago, Illinois 60611
Tel: 312-222-3393
Fax: 312-222-4206
Email: copyrightnotice@tribune.com
9.INDEMNITY

By using the Application, you agree to release and to hold harmless Newsbeat and each of their respective parents, subsidiaries, affiliates, partners, co-sponsors, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with the use of the Application, the receipt, ownership, use or misuse of any products or services made available on or through the Application.

10.FORCE MAJEURE

The failure of Newsbeat to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Newsbeat's (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms

11.WARRANTY DISCLAIMERS

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION AND ALL RELATED PRODUCTS, SERVICES AND MATERIALS MADE AVAILABLE ON OR THROUGH THE APPLICATION ARE PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. Newsbeat AND ITS LICENSORS (COLLECTIVELY "Newsbeat" FOR PURPOSES OF THIS SECTION AND SECTION 12) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Newsbeat's DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR EQUIPMENT; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES OR EQUIPMENT. NO ORAL OR WRITTEN ADVICE PROVIDED BY Newsbeat. APPLE, GOOGLE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12.LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Newsbeat BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE APPLICATION WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT Newsbeat's HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Newsbeat.S 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 NEWSBEAT FOR GENERAL USE OF THE APPLICATION DURING THE TERM OF YOUR USE OF THE APPLICATION.

13.TERMINATION

Newsbeat may terminate or suspend the Application and any and all services and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms or the Newsbeat Privacy Policy. Upon termination of your account, your right to use the Application will immediately cease. If you wish to terminate your account, you may simply discontinue using the Application or contact us at feedback@newsbeat.me with a note to say you wish to terminate your account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14.NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

15.CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS

A.Initial Dispute Resolution: Our Customer Support Department is available at feedback@newsbeat.me or by phone at 650-815-2820 to address any concerns you may have regarding the Application. Our Customer Service Department is able to resolve most concerns quickly to our customer’s satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Customer Support Department and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

B.Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Application shall be finally settled by binding arbitration administered by the American Arbitration Association (the "AAA") in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Newsbeat will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Newsbeat's will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

C.Location.If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in Cook County, State of Illinois, United States of America, and you and Newsbeat agree to submit to the personal jurisdiction of any federal or state court in Cook County, State of Illinois, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

D.Class Action Waiver.The parties agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Newsbeat AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

E.Changes to this Section. Newsbeat will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.

F.Claims Not Subject to this Section. Notwithstanding the provisions of this Section 15, any claims by Newsbeat against you for intellectual property infringement or breach of the License in Section 2 above may be brought in any proper venue and are not limited by or subject to the provisions of this Section 15.

16.DISPUTE RESOLUTION VENUE FOR CLAIMS BY Newsbeat AGAINST YOU FOR BREACH OF LICENSE

For any dispute relating to your breach of the License in Section 2, you and Newsbeat agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the Borough of Manhattan, New York, New York. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

17.GOVERNING LAW

The Terms and the relationship between you and Newsbeat shall be governed by the laws of the State of Delaware without regard to conflict of law provisions. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms or to any dispute or transaction arising out of this License.

18.GENERAL INFORMATION

A.Severability and Survival. If any provision of these Terms and License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of these Termsshall continue in full force and effect.

B.Limitation of Liability and Disclaimer of Warranties are Material Terms of these Terms and License. You agree that the provisions in these Terms and License that limit liability and disclaim warranties are essential terms of these Terms and this License.

C.Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with this agreement by any authority.

D.Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Newsbeat is prohibited from transacting business under applicable law.

E.Entire Agreement. These Terms and this License constitutes the entire agreement between you and Newsbeat with respect to the Application and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License and these Terms will be binding unless made in writing and signed by Newsbeat's. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and these Terms and any applicable purchase or other terms, the terms of this License and these Terms shall govern.