Terms of Service
1. Acceptance of Terms
2. Description of Service
NewsAction currently provides users with access to a rich collection of educational services, namely, providing, hosting and administering an interactive website for students and teachers located around the world to address issues of local and global significance (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new NewsAction sites and features, shall be subject to the TOS.
3. Your Obligations as a Member
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 NewsAction has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NewsAction 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 select a username and password upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify NewsAction 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. NewsAction cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
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 NewsAction, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. NewsAction has limited control of the Content posted via the Service 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 NewsAction 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, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm other members in any way;
- impersonate any person or entity, including, but not limited to, a NewsAction staff member or forum moderator, 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, transmit or otherwise make available any Content that you do not have a right to make available 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, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available 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;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- “stalk” or otherwise harass another;
- solicit username and/or password information or access an account belonging to another user; or
- collect or store personal data about other users.
You acknowledge that NewsAction may not pre-screen Content, but that NewsAction and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service at any time. Without limiting the foregoing, NewsAction and its designees, in their sole discretion, shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You acknowledge and agree that you bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that NewsAction 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 these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NewsAction, our members and the public.
6. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You consent to having your personal data transferred to and processed in the United States.
7. Materials Submitted or Made Available for Inclusion on the Service
NewsAction does not claim ownership of Content you submit or make available for inclusion on the Service. You represent that you own all of the Content that you upload, post, email, transmit or otherwise make available via the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant NewsAction a world-wide, royalty free, non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, transmit, publicly perform and publicly display your Content (in whole or in part) and to incorporate your Content into other works in any format or medium now known or later developed.
You agree to indemnify, exculpate and hold harmless NewsAction and their affiliates, officers, agents, employees, and co-branders or other partners, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources that are developed, sponsored and/or maintained by third parties. Because NewsAction has no control over such sites and resources, you acknowledge and agree that NewsAction 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 NewsAction makes no guarantees, representations or warranties as to, and shall not be responsible or liable, directly or indirectly, for any electronic content delivered by, any third party, including without limitation the accuracy or subject matter of any electronic content, or the use of any personal information you may provide to any such website, and/or 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. You acknowledge and agree that use of such links is entirely at your own risk. NewsAction reserves the right to discontinue links to any other web site at any time and for any reason.
10. General Information
These Terms of Service constitute the entire agreement between you and NewsAction, and govern your use of the Service, superseding any prior agreements between you and NewsAction. 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 NewsAction shall be governed by the laws of the United States. You and NewsAction agree to submit to the personal and exclusive jurisdiction of the courts located within the United States. The failure of NewsAction 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.
11. Modifications to Service
NewsAction 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 NewsAction shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that NewsAction, 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, at any time and for any reason, including, without limitation, for lack of use or if NewsAction believes that you have violated or acted inconsistently with the letter or spirit of the TOS. NewsAction 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 NewsAction may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that NewsAction shall not be liable to you or any third-party for any termination of your access to the Service.
13. 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. NEWSACTION 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.
- NEWSACTION 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, CORRECT, RELIABLE, TIMELY, COMPLETE, OR CURRENT (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.
- ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ACCESSING AND/OR DOWNLOAD OF ANY MATERIAL OR CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEWSACTION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEWSACTION SHALL UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, 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 NEWSACTION 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. IN NO EVENT SHALL NEWSACTION HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) FOR ACCESSING OR USING THE SERVICE OR ENGAGING THE SERVICES OF OR PURCHASING PRODUCT(S) OF A THIRD PARTY THROUGH OR AFTER ACCESSING THIS WEB SITE.
Please report any violations of the Terms of Service to us at firstname.lastname@example.org.
16. Intellectual Property Infringement Claims
NewsAction respects the intellectual property of others, and we ask all of our visitors and partners to do the same. If you believe that your copyrighted work has been copied and is accessible on this web site or a website through which our services may be accessed in a way that constitutes infringement, please provide NewsAction’s Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be 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, e.g., the specific web page address on the NewsAction web site;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact: Copyright Agent, NewsAction, Washington International School, 3100 Macomb St NW, Washington, DC, Phone: (202) 243-1871, Email: email@example.com.
By visiting our site at http://www.newsaction.org/, you are accepting the practices described in this privacy notice. Please read this policy carefully.
2. Information Collection and Use
NewsAction collects personally identifiable information when you register as a NewsAction member.
When you register with NewsAction, we ask for your name, e-mail address, city, state/province, and country, as well as other optional information. Once you register with NewsAction and sign in to our services, you are not anonymous to us.
NewsAction also automatically receives and records information on our server logs from your browser including your IP address, cookie information and the page you requested.
NewsAction uses information for three general purposes: to customize the information/content you see, to fulfill your requests for certain services, and to contact you when you request it.
NewsAction may also collect anonymous information about visitors to the NewsAction site or other sites powered by our technology. NewsAction, like many web sites, receives and collects information about visitors to our site when the visitor’s IP addresses is logged to track his or her session. When NewsAction receives information about your session or about you, we may use it for research purposes (e.g. which parts of our site users are visiting and how long they spend there), regulatory purposes, or to improve our site. Generally, the user remains anonymous when his or her IP address is logged to track the session. This anonymous information may be collected by technology such as “cookies” and “web bugs.” We protect against loss of information by having regular backups of data. We keep up with current standards to protect against theft of data, and regularly apply security updates and patches to ensure we are using the latest software available to protect our servers.
3. Information Sharing and Disclosure
Member passwords are never divulged except to members directly upon verification, and members can also hide their name from their profile if they wish. All information is kept in databases on our servers. We do not keep any hard copies of our member information in our office.
NewsAction will not sell or rent your personally identifiable information to anyone.
NewsAction may send personally identifiable information about you to other companies or people when:
- We have your consent to share the information;
- We are operating a web site in partnership with them and they wish to contact their members;
- We need to share your information to provide the product or service you have requested;
- We need to send the information to companies who work on behalf of NewsAction to provide a product or service to you (unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us);
- We respond to subpoenas, court orders or legal process; or
- We find that your actions on our web sites violate our Terms of Service or any of our usage guidelines for specific services.
You acknowledge that because of the nature of the Internet, NewsAction cannot guarantee that any information is totally secure, and you agree that NewsAction is not responsible for any use of personal information by websites you reach via any link on the NewsAction site, on a site powered by our technology, or when you use NewsAction’s services.
NewsAction may set and access NewsAction cookies on your computer, used to identify your member account and to allow for the proper functioning of the NewsAction web site and accompanying services.
5. Editing Your Information and Preferences
As a member, NewsAction gives you the ability to edit your information and preferences at any time, including whether you want NewsAction to send you correspondence.