1. Using Newswire
a. Who can use Newswire.
You may use our Products only if you can form a binding contract with Newswire, and only in compliance with these Terms and all applicable laws. When you create your Newswire account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you.
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
2. Your Content
a. Posting content.
Newswire allows you to post content, including photos, text, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as “Submitted Materials.” You retain rights in, and are solely responsible for, the content you post to Newswire.
b. Your responsibility for your content:
i. To Newswire and our community. Newswire provides a creative and positive place for you and other users to discover news and other content. To keep it that way, you must abide by our best practices and comply with our policies, including our Acceptable Use Policy. You are responsible for the content and accuracy of all news copy and other content entered into Newswire. Because of the volume of information and copy submitted to Newswire, Newswire cannot be responsible for verifying facts contained in Submitted Materials. All Submitted Materials must follow Newswire’s editorial guidelines which can be found on Newswire’s web site and are subject to change at any time at Newswire’s sole discretion.
ii. To third parties. Newswire respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any Submitted Materials that you post to Newswire does not and will not violate any law or infringe the rights of any third party.
b. Conditional acceptance of content.
Newswire reserves the right (i) to reject or edit Submitted Materials without limitation; and (ii) to remove any Submitted Materials from its web site, pull any Submitted Materials from distribution or deny approval to any Submitted Materials. Newswire can only remove Submitted Materials from its network, and Newswire makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the Newswire network
c. Timely distribution of Submitted Materials by Newswire
Newswire endeavors to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by Newswire will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of Newswire in this regard. If Submitted Material is not distributed within 30 days of the earlier of the (i) date on which you enter such material or (ii) pay for the Service (even if you have not yet entered Submitted Material) for reasons other than a delay caused solely by Newswire, then Newswire’s service to you concerning such Submitted Material and/or payment shall be considered complete, and Newswire shall have no further obligation to you regarding such Submitted Material or in relation to such payment.
d. Dissemination of Submitted Materials.
Newswire does not warrant specific placement of any Submitted Materials nor pick up by third parties of any Submitted Materials on its wire, but will deliver Submitted Materials via online distribution methods to make such content available to be repurposed by third parties who discover the content at various Internet locations, both intended and unintended.
e. Limitations on use of Newswire.
You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any Newswire systems without the express written consent of Newswire.
f. Acceptable content.
Newswire endeavors to publish materials that are appropriate for all reader age groups. The determination of appropriateness shall be at the sole discretion of Newswire. All forms of political speech and diversity of opinion are encouraged. Material of a sexual, hateful, or illegal nature will not be tolerated, as further explained in our Acceptable Use Policy. If you believe that any content published on Newswire does not meet this standard, please email us at email@example.com.
g. How Newswire and other users can use your content.
You grant Newswire and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute your Submitted Materials on Newswire solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights Newswire may have to user content, for example under other licenses. We reserve the right to remove or modify Submitted Materials for any reason, including Submitted Materials that we believe violates these Terms or our other policies.
h. How long we display your content.
Normally, if you are a paying subscribed writer on Newswire, Newswire will display your published content for a minimum of 90 days from the date of publication, or until the deletion of your account, whichever comes first. However, for reasonable cause, such as alleged copyright infringement, or if we believe there may be factual inaccuracies in your content, we may remove your content at any time. Changing your membership level will not delete your account. Generally speaking, it is in the mutual interest of both Newswire and our writers to continue to good, unique content. Newswire has no current plan to systematically remove
i. How long we keep your content:
Following termination or deactivation of your account, or if you remove any Submitted Materials from Newswire, we may retain your Submitted Materials for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Newswire and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your Submitted Materials that other users have stored or shared through Newswire.
j. Feedback you provide:
We value hearing from our users, and are always interested in learning about ways we can make Newswire more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Newswire does not waive any rights to use similar or related Feedback previously known to Newswire, or developed by its employees, or obtained from sources other than you.
a. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You must provide Newswire with valid credit card or other payment information to use the Service. Newswire reserves the right to modify its fees and charges and to introduce new charges at any time.
b. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Newswire’s income. If you believe your bill is incorrect, you must contact us in writing within 60.
c. You agree to update payment information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Newswire reserves the right to terminate your access to the Service in addition to any other legal remedies.
d. Unless otherwise agreed to by Newswire, amounts will be billed in U.S. dollars.
4. Copyright Policy
Newswire has adopted and implemented the Newswire Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
We care about the security of our users. While we work to protect the security of your content and account, Newswire cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.
6. Third-party Links, Sites and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Newswire. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Newswire, you do so at your own risk and you agree that Newswire will have no liability arising from your use of or access to any third-party website, service, or content.
7. Termination or Suspension
Newswire may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of its other rights or remedies. Upon termination or suspension of your account, you will continue to be bound by these Terms.
You agree to indemnify and hold harmless Newswire and its managers, officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
NEWSWIRE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Newswire takes no responsibility and assumes no liability for any Submitted Materials that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to Submitted Materials that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWSWIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL NEWSWIRE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO NEWSWIRE FOR THE PAST TWO MONTHS FOR THE PRODUCTS.
For any dispute you have with Newswire, you agree to first contact us and attempt to resolve the dispute with us informally. If Newswire has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Newswire agree otherwise, the arbitration will be conducted in the Clark County, Nevada. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Newswire will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $5,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NEWSWIRE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Nevada, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Clark County, Nevada or the United States District Court for Nevada, for any actions not subject to Section 11 (Arbitration).
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
13. General Terms
Notification Procedures and changes to these Terms.
Newswire reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Newswire without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Newswire’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you are a government agency, these Terms apply to your use.
Copyright & Trademark Policy
Newswire Network Ltd. (“Newswire”) respects the intellectual property rights of others and expects its users to do the same. It is Newswire’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Accounts with usernames, business names, writer names, or any other content that misleads others or violates another’s trademark may be updated, transferred or permanently suspended.
If you are concerned that someone may be using your trademark in an infringing way on our site you can let us know by contacting us at the address or email below. Newswire will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from our site.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Newswire will respond expeditiously to claims of copyright infringement committed using the Newswire website (the “Site”) that are reported to Newswire’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Newswire’s Designated Copyright Agent. Upon receipt of the Notice as described below, Newswire will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement (“Notice”).
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
o “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
o “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Newswire’s Designated Copyright Agent:
Newswire Copyright Agent
2089 E Fort Union Blvd
Salt Lake City, UT 84121
What if I receive a Copyright Complaint (DMCA) notification?
If you receive a notification that a Pin has been removed due a copyright complaint, it means that the Pin’s content has been deleted from Newswire at the request of the content’s owner. If your account receives too many copyright complaints, you may lose the ability to Pin new content on Newswire, and your account may be disabled completely.
If you believe a post or other content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice
1. Email your counter-notice to firstname.lastname@example.org.
2. Include ALL of the following:
a. Your name, address, and telephone number.
b. DMCA ID printed at the bottom of the notification email.
c. The source address of the content that was removed (copy and paste the link in the notification email).
d. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
e. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Newswire may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
f. A physical or electronic signature (for example, typing your full name).
www.traffictimemachine.com is a website owned and operated by of Newswire Network Ltd (“Newswire”).
Our postal address is:
Newswire Network Ltd
2089 E Fort Union Blvd
Salt Lake City, UT 84121
Newswire takes privacy seriously. As a leader in online visibility and search engine optimized press release distribution services, we are committed to establishing and maintaining policies and procedures which protect the privacy of personal information gathered from our customers, prospects and other visitors to our website.
Newswire is a news service which distributes press releases and other news content (“Article”) on behalf of our users. If you decide to submit an Article for distribution through our system we will transmit your entire Article including any personal information therein contained to our media contacts and online distribution points including search engines. This is the only redistribution of your information that we engage in. Your submission of press releases through our system indicates consent with this policy.
This Policy applies to all of the products, services and websites offered by Newswire.
If you have any questions about this privacy statement or the practices of this site, you may contact us at email@example.com . In order for Newswire to take the appropriate action please describe in reasonable detail the nature of your request or inquiry.
We do not share user information with any third parties other than via press release distribution as described above.
Newswire, and our users may use “cookie” technology to track or record information about our website visitors. Newswire users who disable their web browser’s ability to accept cookies may not be able to successfully use our service.
Changes to Personal Information
Upon request we provide site visitors with access to information that we have collected and that we maintain about them. Consumers can access this information by logging into their account.
The site contains links to other websites. Newswire is not responsible for the privacy practices or the content of these sites. You will need to check the policy statement of other websites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.
With respect to security, we employ industry-standard encryption technologies when transferring and receiving user data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. We do not store credit card information in our systems.
Changes to Privacy Statement
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change in the future, we will post the policy changes to our website to notify you and provide you with the ability to opt out of these new uses. To keep up-to-date with Newswire policy, please check this page periodically.
Contacting the Website
If you feel that this site is not following its stated information policy, you may contact us by sending us an email to firstname.lastname@example.org.
Editorial and Acceptable Use Policy
Newswire Network Ltd (“Newswire”) is a place for news and information that is deemed generally acceptable to all age group readers. Newswire will not intentionally publish articles, images, videos, or links of or to material that in the sole judgment and discretion of Newswire and/or its editors may be offensive. Offensive materials include, without limitation, vulgar or hate speech, sexually oriented materials, gambling, promotion of illegal drugs or drug use, or the promotion or promulgation of any other illegal activity.
All materials submitted to Newswire are manually reviewed and edited before publication. However, you are responsible for the content and accuracy of all news copy and other information submitted by you to Newswire or entered into Newswire. Because of the volume of information and copy submitted to Newswire, Newswire editors cannot be responsible for verifying facts contained in Submitted Materials. All Submitted Materials must follow Newswire’s editorial and formatting guidelines which can be found on Newswire’s web site and are subject to change at any time at Newswire’s sole discretion.
Newswire reserves the right (i) to reject or edit Submitted Materials, (ii) to remove any content from its web site, pull any article from distribution or deny approval to any article that in its sole discretion is deemed to violate this Acceptable Use Policy.
Newswire can only remove Submitted Materials from its network, and Newswire makes no representation or warranty regarding the removal of submitted materials from sites outside of the Newswire network.