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Update DetailsTerms and conditions of user
Introduction
User terms
Legal agreement
Definitions
Privacy
User qualifications
Intellectual property rights ownership
Our access rules
Account services
Third-party websites/applications
Licenses and authorised uses of newsreach marketplace content
Disclaimers/no warranties
Events out of our control
Procedure for making complaints
Limitation of liability
Warranty
Modifications
Statute of limitations
Term and termination
Survival
Export control
Indemnity
Released parties
Governing law and jurisdiction
Limitation of liability
Binding arbitration agreement and class action / private attorney general waiver disclosure z. Opt-out provision
Arbitration clauses invalid/inapplicable
Assignment of rights
Waiver
Severability
Entire agreement
Electronic recordkeeping
Miscellaneous
Independent contractor
Contact us
Introduction
Vyomeen media pvt. Ltd. Owns and operates newsreach marketplace (https://mp.Newsreach.In), an advance content marketplace and a research database for live and archived aggregated third-party licensed content, including text, image, graphics, video, audio and data formats, in multiple languages.
Newsreach marketplace offers its users both free and paid-for content. Content marketplace users, who are typically publishers, broadcasters, agencies, brands and media monitoring organisations (hereafter "marketplace users") can access, search for and acquire an instant license, or a subscription, to download, re-use, or re-publish the content that is made available in newsreach marketplace. Research based users, who are typically financial professionals, information professionals, or librarians (hereafter "database users") can access, search for and view the content that is made available in disco, for research purposes only. Collectively, marketplace users and database users are hereafter "disco platform users").
The newsreach marketplace service is typically used by employees or who are typically in the following roles: account managers, art buyers, art directors, content marketers, creative directors, deputy editors, designers, due diligence professionals, editors, financial professionals, freelance photo researchers, individuals, information professionals, librarians, media monitoring organisations, online editors, photo editors, photo researchers, producers, program directors, publishers, researchers and social media content creators.
Please read this agreement carefully and be sure you fully understand it. If you do not agree to these newsreach marketplace user terms of service, you must not use the newsreach marketplace service, or the platform, or the content that is made available within the newsreach marketplace.
User terms
These newsreach marketplace terms of use (hereafter "user terms") constitute a fully binding agreement (hereafter "the agreement") between you ("you" "your") and vyomeen media pvt. Ltd. (hereafter "newsreach marketplace") (each a "party" and, collectively, the "parties") and, collectively, with its affiliates, parents, subsidiaries and each of their respective trustees, directors, officers, shareholders, members, employees, advisors, representatives, subcontractors, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors, or anyone acting on their behalf ("company" "we", "us" or "our"). We are a licensee of the licensed content that gets made available within newsreach marketplace platform and the proprietor of all rights in and to the newsreach marketplace service (e.G. Content curation, content performance analytics etc.), the newsreach marketplace platform (collectively hereafter "newsreach marketplace"). These user terms include, but are not limited to, any and all products and services offered by us relating to the newsreach marketplace platform, including, but not limited to, any information downloaded or obtained from the website (including all communications and interactions with the company and any actions taken with respect to any of company's publications or written materials).
By using the newsreach marketplace, you confirm that you agree to the following user terms and newsreach marketplace's privacy policy (https://newsreach.In/privacy-policy/) ("privacy policy") which is incorporated herein by reference, both of which are an integral part of these user terms and your use and enjoyment of the newsreach marketplace. If you do not agree to these user terms, you should not access, browse or use our newsreach marketplace, and should refrain from or discontinue your activities immediately.
As discussed further below, both you and vyomeen media pvt. Ltd. Agree, with the limited exceptions noted below, to resolve all disputes between you and us through binding arbitration as further provided below. Arbitration means that you and vyomeen media pvt. Ltd. Are each waiving the right to a jury trial or to participate in a class action / private attorney general action. These user terms may be amended by vyomeen media pvt. Ltd. From time to time. Please periodically review the controlling, online version of these user terms. By continuing to use the newsreach marketplace subsequent to us making available to you any amended version of these user terms, you thereby acknowledge, agree and consent to such amendment.
You consent to entering into these user terms electronically, and to the storage of records related to these user terms in electronic form.
When using the newsreach marketplace, you are subject to all the displayed rules and policies. Such rules and policies are hereby incorporated by reference into these user terms. We may also offer other products and/or services that are governed by different user terms. If any of the user terms for a specific service conflict with these user terms, the user terms of that service (the "license agreement") shall govern solely for the purposes of that service.
We do not represent that the newsreach marketplace is governed by or operated in accordance with the laws of any other nation, or that the newsreach marketplace or any portion thereof is appropriate or available for use in any particular location. If you choose to access the newsreach marketplace, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.
We provide newsreach marketplace users with access to communications tools, which may be accessed through any medium or device now known or hereafter devised, including a website, software, applications and other platforms that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools/platforms that alter or improve the current or later developed or designed newsreach marketplace shall be included in the definition of "newsreach marketplace."
You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the newsreach marketplace, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us via email to support@newsreach.In. In the event you use the newsreach marketplace over any cellular/mobile devices, you hereby acknowledge that your carrier's normal rates and fees, such as excess broadband fees, will still apply.
You are responsible for obtaining access to our products and/or services. That access may require you to obtain services from third parties (such as access to the internet or wireless data services). In addition, you must provide and are responsible for all equipment necessary to access our services.
Legal agreement
A.1 these user terms are a legal agreement between you and us and contain important information regarding your legal rights, remedies and obligations. By accessing, browsing or otherwise using the newsreach marketplace, you: (I) acknowledge you have read, understand, and agree to be bound by these user terms; (ii) agree to comply with all applicable laws, rules and regulations with respect to your use of the newsreach marketplace; and (iii) represent you are an adult or are emancipated and have the legal capacity to enter into contracts in the jurisdiction where you reside.
A.2. Our permitting you access to our newsreach marketplace is conditioned on your agreeing to all of the user terms, including your compliance with our policies, including our privacy policy.
A.3. We may from time to time amend these user terms and/or our privacy policy. Those changes will be posted on the newsreach marketplace and may also be communicated to you by any written contact method we have with you. However, these changes take effect on the date posted on the newsreach marketplace.
Definitions
C.1. Vyomeen media pvt. Ltd. Includes its trustees, officers, directors, shareholders, employees, attorneys and agents (current and past) and any parents, affiliates and subsidiaries, individually and collectively, and any related individuals or entities.
C.2. Free content means, but is not limited to, any content within the public domain, which is not protected by intellectual property laws, or any content with a creative commons (cc) license, that enables the free distribution or commercial usage of an otherwise copyrighted "work", which is made available to newsreach marketplace users within the newsreach marketplace, or via our content apis, or via our custom integrations with a user's content management system (cms). Free content may also include any content that is licensed to us by a third-party content provider or rights holder, who wishes to make their content available for free within the newsreach marketplace.
C.3. Content means all the content, information, materials, products and services which appear on the newsreach marketplace, including, but not limited to, ideas, suggestions, documents, blog posts, reports and/or proposals, and includes all information, data, text, urls, content apis and software.
C.4. Licensed content means any content that is licensed to us by a third-party content provider or rights holder, including but not limited to articles, photographs, images, artwork, graphics, vectors, moving images, animations, films, books, videos, music, soundbites, podcasts, audio-visual works, data feeds or other forms of media, together with any associated keywords and metadata, that is made available to newsreach marketplace users within the newsreach marketplace, or via our content apis, or via our custom integrations with a user's content management system (cms).
C.6. Post or posting means any text, image or other data submitted to us in conjunction with the viewing and/or use of our newsreach marketplace, our products and our services.
C.7. Personally identifiable information or pii includes individually identifiable information about a living individual consumer collected online by us from that individual who has voluntarily provided it, including any of the following: (1) a first and last name; (2) a physical address, including without limitation a street name and name of a city, town or other locality; (3) an e-mail address; (4) a telephone or fax number; or (5) any other identifier that permits the physical or online contacting of a specific individual.
C.8. Service or services and product or products means the newsreach marketplace or other products or services provided or offered by us, including those described in these user terms, whether through a website or an application owned, maintained or controlled by us, through a social network, a mobile application, on a mobile telephone or otherwise.
C.9. User means any individual who uses our products and/or services whether that individual does so on his or her own behalf or on behalf of his or her employer or other authorized third-party.
Privacy
D.1. We respect your privacy and share your concerns about privacy protection. Our privacy policy constitutes a part of these user terms and explains how we collect, use and protect information that we learn about you, your location and other specifics, because of your interaction with us through the newsreach marketplace. How we collect that information and use and protect it is explained in our privacy policy, which can be found at https://newsreach.In/privacy-policy/. By accepting these user terms, you agree to our collection and use of your personal information as described herein.
D.2. We may change our privacy policy at any time. If we make material changes to the privacy policy, we will notify you either by posting the changed privacy policy on the newsreach marketplace or by sending an email to you. We will also update the "last updated" date at the top of the privacy policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email.
User qualifications
E.1. We require an individual to be at least 18 years old to be a user on our newsreach marketplace. This newsreach marketplace is not directed toward children under 18 years of age nor do we knowingly collect information about children under 18. If you are under 18 years of age, you are not permitted to submit any pii to us. If a parent becomes aware any of his/her children has submitted pii to us, please immediately notify us via email to support@newsreach.In
E.2. If we find out you are under 18 years of age, we will promptly, upon notice, cancel your account and delete all of your content. If you are a minor, you should not be accessing our newsreach marketplace.
E.3. If you wish to report an account created for a minor, please contact us via email to support@newsreach.In
E.4. If you had an account with us which was previously terminated by us or you otherwise had your access to our newsreach marketplace terminated, you will not be permitted to become a user without our express consent, which we may give or withhold in our absolute discretion.
Individual use: you represent that you are of legal age to form a binding contract or are emancipated, and are not a person barred from receiving our licensed content under the laws of republic of india or any other applicable jurisdiction. If you register on behalf of your employer for any of our services, you affirm that all the information you provide during any registration process is true, accurate, current and complete.
Business use: if you register for or use our services on behalf of an employer, that employer accepts these user terms and you represent and warrant that you are authorized to accept these user terms on behalf of that employer.
Intellectual property rights ownership
F.1. Vyomeen media pvt. Ltd. And its affiliates, subsidiaries, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all the content and the licensed content on the newsreach marketplace, which is provided in connection with the newsreach marketplace, including but not limited to any software, application, or website, and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the "ip"). Our content includes, but is not limited to, all features, content, audio clips, video clips, editorial content, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the newsreach marketplace.
F.2. All trademarks, trade names, copyrights, logos and service-marks (collectively, the "marks") related to our ip are our exclusive property. Unauthorized use of any of the marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with vyomeen media pvt. Ltd., or our approval or sponsorship of the user's products or services, or that is likely to dilute any of our marks is strictly prohibited by law. All third-party trade names, trademarks, logos, copyrights and service marks, if any, that appear in or on the newsreach marketplace, or within our marketing materials, are the property of their respective owners.
F.3. You do not acquire any ownership interest in any ip or the marks by accessing, browsing or otherwise using the newsreach marketplace, except as otherwise described in these user terms or any license agreement. You may not use, reproduce, copy, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of our ip or marks or any of the newsreach marketplace's content, licensed content, or services.
F.4. You will not use any proprietary information or materials in any way whatsoever except for the use of the newsreach marketplace in compliance with these user terms. No portion of the newsreach marketplace or any of its content or licensed content may be reproduced in any form or by any means, except as expressly permitted in these user terms or any license agreement.
F.5. You may not otherwise share, syndicate, reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display any content or any adaptations thereof unless express set forth in the user terms or any license agreement.
F.6. We may prevent unauthorized use of the newsreach marketplace via technological means designed to protect our products and services. You agree not to circumvent or attempt to circumvent these means. You agree that any attempted or actual circumvention or otherwise unauthorized use by you or anyone on your behalf will result, at minimum, in the termination of all your rights under these user terms and to our products and services.
F.7. Licenses.
F.7.A. On condition of your acceptance of these user terms, we grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the newsreach marketplace for your personal or commercial use only as provided elsewhere herein. Vyomeen media pvt. Ltd. Reserves all rights not expressly granted herein. We also reserve the right to terminate at any time your license to use the newsreach marketplace, products and/or services for any reason and, at our discretion, to charge for commercial usage.
F.8. The use of the software or any part of vyomeen media pvt. Ltd.'s content, except for use of that licensed content as permitted in these user terms, is strictly prohibited and infringes on the intellectual property rights of vyomeen media pvt. Ltd. And others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright, trademark and/or patent infringement.
F.9. Vyomeen media pvt. Ltd., its logo, and other vyomeen media pvt. Ltd. And newsreach marketplace trademarks, service marks, graphics, and logos used in connection with the newsreach marketplace and its content are trademarks or registered trademarks of the company in the republic of india and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the newsreach marketplace and its licensed content may be the ip of their respective owners. You are granted no right or license with respect to any of the aforesaid ip and any use of such ip, except by way of any license agreement to which you are a party.
Our access rules
G.1. You warrant and agree that, while accessing or using the newsreach marketplace, you will not use it to:
– violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
– post any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
– post any content containing sweepstakes, contests or lotteries, or otherwise related to gambling;
– post any content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
– post any content for which you have not obtained all necessary written permissions and releases; – misrepresent any fact (including without limitation your identity or age):
– post any 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, including by engaging in any denial of service attack or similar conduct;
– exceed your authorized access to any portion of the newsreach marketplace;
– collect or store personal data about anyone;
– modify without written permission from vyomeen media pvt. Ltd. Any part of the newsreach marketplace;
– obtain or attempt to access or otherwise obtain any content, licensed content, or information through any means not intentionally made available or provided for through the newsreach marketplace;
– exploit errors in design, features and/or bugs which are not documented in order to gain access that would otherwise not be available; – use any robot, spider, scraper, or other automated means to access the newsreach marketplace for any purpose;
– knowingly and/or maliciously make false claims or assertions;
– take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; or
– interfere or attempt to interfere with the proper working of or activities conducted on the newsreach marketplace, or bypass any measures we may use to prevent or restrict access to the newsreach marketplace.
G.2. When you access or use the newsreach marketplace, you further warrant and represent that you will not engage in any of the following activities, some of which may also expose you to civil and/or criminal liability (and if you are an employee acting on behalf of an employer, any one of them may also lead to termination of your employment):
– unless specifically authorized by us, submit content of a commercial nature (including advertising), including but not limited to (I) offering to third parties a service of your own or your employer that uses the newsreach marketplace; (ii) reselling, or offering to rent or lease the newsreach marketplace; (iii) offering the newsreach marketplace to the public via communication or integrate it within a service of your own or of your employer, without our prior written consent;
– hack, attack, copy or alter any content or licensed content on the newsreach marketplace or obtain, or attempt to gain, unauthorized access to the newsreach marketplace and/or other computer systems, materials, information or any licensed content available on or through the newsreach marketplace through any means, including through means not intentionally made publicly available or provided through the newsreach marketplace;
– engage in any automatic or unauthorized means of accessing, logging-in or registering in connection with the newsreach marketplace, or obtaining lists of newsreach marketplace users or other information from or through the newsreach marketplace, including any information residing on any server or database connected to the newsreach marketplace;
– use the newsreach marketplace or any of its content or licensed content in any manner that could interrupt, damage, disable, overburden and/or impair the newsreach marketplace or interfere with any other user's use and enjoyment of the newsreach marketplace, including, but not limited to, sending chain letters, pyramid schemes, mass unsolicited messages or "flooding" servers;
– engage in flooding, harvesting of email addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity whose purpose is to obtain lists of newsreach marketplace users, their personally identifiable information and/or any other information we maintain about newsreach marketplace users of the newsreach marketplace;
– remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the newsreach marketplace or any of its content, licensed content, or any code embedded in or on our newsreach marketplace or on a third-party website or application, and/or our software or any software on any third-party website or application;
– submit any content to the newsreach marketplace or on any third-party website or application that falsely expresses or implies that content is sponsored or endorsed by vyomeen media pvt. Ltd. ;
– use the newsreach marketplace or any of our content or licensed content in violation of vyomeen media pvt. Ltd. 's intellectual property (including but not limited to patent, copyright and trademark) or other proprietary or legal rights or those of any third-party;
– use the newsreach marketplace to violate the security of any computer network or transfer or store illegal material;
– use false information or impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including any user or any person or entity otherwise affiliated with vyomeen media pvt. Ltd. ;
– post, upload, transmit, publish, reproduce or otherwise disseminate through any content that we determine in our sole discretion: (I) is unlawful, harmful, harassing, offensive, fraudulent, threatening, abusive, libellous, defamatory, invasive of privacy, vulgar, obscene, hateful, or otherwise infringes our or any third-party's intellectual property or other rights; (ii) is derogatory or harmful to vyomeen media pvt. Ltd. 's reputation or that of any affiliated parties; (iii) is harmful to children in any manner; (iv) seeks to or discriminates against any individual based on race, gender, gender identity, ethnicity, religion, occupation, political view, socioeconomic class, national origin, sexual preference, physical or mental handicap or on any other basis; (v) poses a risk to a person's safety, security or health; (vi) personally identifies any other person without obtaining such person's express written consent to the disclosure of his or her personal information, and/or (vii) encourages criminal behaviour or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
– use an inappropriate username or screen name;
– use tools which anonymize your internet protocol address to access our newsreach marketplace;
– attempt (or encourage or support anyone else's attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with the newsreach marketplace or any of its content or licensed content; or modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and/or organization of the newsreach marketplace or any portion of the newsreach marketplace, except where required by applicable local law(s), and then only to the extent required by such local law(s);
– submit false or misleading information to vyomeen media pvt. Ltd. ;
– violate the intellectual property, contractual, personal or other rights of any individual or entity, or promote or constitute illegal activity;
– violate any of these user terms, our privacy policy, or any local, state, provincial, federal, national or international law, rule or regulation or any rules of conduct posted with respect to any individual feature of our newsreach marketplace or that of any third-party to whose website or application we link;
– seek to use or actually use the personally identifiable information of any user, any third-party or any individual associated with vyomeen media pvt. Ltd. In any manner not approved in writing in advance by that individual;
– mislead, defraud or trick vyomeen media pvt. Ltd. Or any newsreach marketplace users, especially if you are seeking to learn sensitive information about newsreach marketplace users or their accounts, including usernames, passwords and/or personally identifiable information;
– transmit, disseminate or use any spam, malware, viruses, worms, trojan horses, rats, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or other objectionable materials, or any other malicious or invasive code, or program or upload or transmit (or attempt to do so on your own or by or through any third-party on your behalf) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, pixels, web bugs, cookies or similar devices;
– other than as the result of standard search engine or internet browser usage, use or launch, develop or distribute any automated system, including, but not limited to, any spider, robot, bot, cheat utility, scraper or off-line reader that accesses the newsreach marketplace, or use or launch any unauthorized script or other software;
– knowingly or maliciously make false claims about anyone or report instances or behaviour that never took place (the making of a false report can lead to discipline, including termination of your employment, and other serious consequences);
– obscure or cover any notice, banner, advertisement or other branding in or on the newsreach marketplace; and/or
– circumvent, interfere with or seek to interrupt or disturb any security feature of the newsreach marketplace and/or any feature that restricts or enforces limitations on the use of or access to the newsreach marketplace.
G.3. The foregoing examples of unlawful content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted content or prohibited activities.
G.4. You agree that all content, whether publicly posted or privately transmitted through our services, are the sole responsibility of the person who posted such content. This means that you are solely and entirely responsible for all content that you upload, post, email, transmit, or otherwise make available via our products and services on behalf of your employer. We do not control the content posted via our products and services and do not guarantee the accuracy, veracity, truthfulness, integrity, or quality of such content. We are not liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through our content. You agree to comply with all applicable laws and regulations when using our content. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the newsreach marketplace, in whole or in part, is strictly prohibited. We are not liable for that content. We only collect and process information in accord with our products and services.
G.5. Vyomeen media pvt. Ltd. May decline to allow the posting of or immediately delete any content you submit if you or the content have violated these user terms, our privacy policy, or if you engaged in a commission or omission that is harmful or may be harmful to the newsreach marketplace, our newsreach marketplace users and/or syndigate media inc. In any such case, vyomeen media pvt. Ltd. May also terminate your access to the newsreach marketplace or prevent you from posting additional content on or otherwise using the newsreach marketplace. The provisions of this clause are in addition to any rights afforded to vyomeen media pvt. Ltd. By any law or regulation.
G.6. Vyomeen media pvt. Ltd. May examine content at any time, refuse the posting or distribution (referred to as "publication") of any content, and/or remove such content after its publication. However, vyomeen media pvt. Ltd. Does not routinely utilize this right to monitor content and does so only in cases needed to enforce these user terms and our privacy policy.
G.7. You acknowledge that we may establish general practices and limits concerning use of our products and services, including without limitation the maximum number of days that we will retain uploaded content, the maximum amount of content that may be sent from or received by a user's account, the maximum size of any content that may be sent from or received by a user through our products and services, the maximum disk space that will be allotted on our servers to host content associated with a user's account, and the maximum number of times (and the maximum duration for which) any user may access our products and services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted using our products and services. You further acknowledge that we may modify our general practices and limits from time to time. You also consent to us storing your content on our servers.
G.8. Vyomeen media pvt. Ltd. , in its sole discretion, may decide the duration of the publication of any content or licensed content, its location, when and how it appears in or on the newsreach marketplace, its design and any other matter pertaining to the publication of content or licensed content in or on the newsreach marketplace. The licensed content, or the content submitted by newsreach marketplace users does not reflect the views of vyomeen media pvt. Ltd. . The fact that vyomeen media pvt. Ltd. Permits any content or licensed content to be published does not warrant the validity, reliability, veracity, truthfulness, accuracy, timeliness, or legality of that content.
Account services
H.1. There is licensed content on the newsreach marketplace which is available only if you create an account, or we create an account for you. When any of the services on the newsreach marketplace require a user to open an account ("account") or otherwise provide user or registration information, including a username and password ("user information"), any individual(s) acting on behalf of an employer must complete the registration process by providing us with complete, truthful and accurate information. When you create an account, you alone are responsible for maintaining the strict confidentiality of any username and password relied upon to gain access to the account, and for the use by you and any other person or entity authorized by your employer that accesses the newsreach marketplace by use of your user information, whether or not that access was authorized by you individually. You must notify us immediately of any suspected or actual unauthorized use of an employer's account or your user information, and of any and all other security breaches. You grant to us and to all other persons and entities involved in the maintenance and operation of the newsreach marketplace the right to use, store, monitor, retrieve and transmit your user information in connection with maintaining and operating the newsreach marketplace. Our information collection and use policies with respect to the privacy of your user information are set forth in our privacy policy, which is incorporated in these user terms by reference for all purposes.
H.2. We reserve the right to terminate any account and/or to refuse products and/or service to any user, without prior notice, at any time and for any or no reason. Without limiting the above, if we, in our absolute discretion, find that the user has violated these user terms more than once, we will, in appropriate circumstances, permanently terminate that user's account. Newsreach marketplace users have the right to cancel their account at any time, with thirty (30) days' notice, by directing a written request via email to support@newsreach.In, or in writing to vyomeen media pvt. Ltd., 305, indraprasth corporate, opp. Shell petrol pump, prahladnagar, ahmedabad, gujarat, india, 380015 .
H.3. If you voluntarily cancel an account or allow the account to lapse, it may be reactivated through the account interface on the newsreach marketplace. Any account terminated by us for any type of abuse, including for a violation of these user terms and/or our privacy policy, may not be reactivated without our express consent which is in our absolute discretion to decide.
Third-party websites/applications
I.1. The newsreach marketplace contains links to websites and/or applications of third parties whose involvement is an integral part of our providing our services ("platforms"). If you use these links, you will leave the newsreach marketplace. These third parties and their platforms are not under our control. We do not examine or evaluate these platforms and we are not responsible for their content or operation. By providing links to these platforms, which we do as a convenience to our newsreach marketplace users, we do not approve, warrant, endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. We are not responsible for webcasting or other forms of transmission received from any linked platforms. You should exercise your own judgment in evaluating and using these platforms. When you link to these platforms, you become subject to their user terms and conditions of use and privacy policies, and should review them carefully before entering any such platforms. We do not endorse these platforms and our user terms and privacy policy do not apply to them.
I.2. We do not warrant that a third-party cannot decrypt your information should a third-party come into possession of or have access to the device(s) you use to access our products and services. We recommend that newsreach marketplace users implement all the security features on each of their devices, including any password or locking functions, to protect those device(s) and the confidentiality of your information. To the extent that you connect to our products and services by way of third-party wireless networks, we cannot guarantee that those communications will not be intercepted by others. You agree that we will not be liable for any damages for any loss or disclosure of personal information or other damages occurring in communication over networks and/or platforms outside our control. From time to time, we may issue updates to our products and services. Depending on the update, you may not be able to use our products and services until you have downloaded the latest updates and accepted any new user terms.
I.3. We reserve the right, at our sole discretion, to terminate, suspend, cancel or alter access to third-party platforms at any time. You expressly release us from any and all liability arising from your use of any third-party platforms and their services or contents. Your dealings with providers found on those third-party platforms, including payment for or delivery of goods and/or services, and any other user terms, including, but not limited to warranties, are solely between you and those providers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third-party platforms and/or their providers.
Licenses and authorised uses of newsreach marketplace content.
J.A. Introduction:
J.A.1. The newsreach marketplace (https://mp.Newsreach.In) is a technically advanced content discovery platform and a content marketplace, as well as a research database for live and archived aggregated third-party licensed content, including words, images, graphics, video, audio and data formats, in multiple languages.
The newsreach marketplace offers newsreach marketplace users both free and paid-for licensed content. Marketplace users, including but not limited to publishers, broadcasters, agencies, brands and media monitoring organisations can access, search for and acquire an instant license, to use, or re-publish the licensed content that is made available in newsreach marketplace. Or, database users, including but not limited to financial professionals, information professionals, librarians and researchers can access, search for and view both live and archived content for research purposes only. Access for these database users is restricted to only viewing the content available within the database and it may not be republished or otherwise distributed outside of the user's organisation.
J.A.2. Anyone over the age of 18 years old can register for an account, but only pre-approved newsreach marketplace users will be granted ongoing access to the newsreach marketplace and user applications are granted or rejected at the sole and absolute discretion of vyomeen media pvt. Ltd.. The licensed content within the newsreach marketplace is made available to newsreach marketplace users according to one or more of the following licensing models ("the licensing models"):
Free: where a user does not need to pay any fees to access and re-use certain licensed content, but must adhere to any special re-use terms and conditions displayed by the original licensed content provider, as provided in the relevant license agreement as displayed on the licensed content order page.
Pay-per-use: where a user pays a fixed fee for individual licensed content items, or hours of programming. Prices per content item vary depending on content provider and rights required.
Monthly subscription: where a user pays a fixed ongoing licensing fee for use of a specific licensed content service.
Discounted content package: where a user pays a fixed fee for a set number of content items from a single licensed content service, to be used at any time.
Bundled content package: where a user pays a fixed fee for a set number of content items from multiple licensed content services.
J.A.3. Vyomeen media pvt. Ltd. Does not guarantee that all licensed content will be made available to newsreach marketplace users to license and use as per each of the licensing and buying models supported by the newsreach marketplace. The rights owners or agents to the licensed content opt into the licensing and buying models.
J.A.4. Marketplace users are permitted to re-publish or otherwise re-use the licensed content, according to the usage rights specified for the licensed content within the newsreach marketplace. Where the newsreach marketplace does not currently support any specific rights required by a newsreach marketplace user, these rights are agreed to in writing within an off-platform deal sheet (hereafter "deal sheet") signed between vyomeen media pvt. Ltd. And the newsreach marketplace user. Any and all deal sheets will form legally binding amendments to this agreement and all other terms within this agreement will remain in full force and effect.
Examples of vyomeen media pvt. Ltd.'s standard usage rights include, but are not limited to: 3-month use for web & mobile (renewable)
Academic course materials
Advertising (advertorial, print, display, tv commercials)
Book use
Bookazine use
Email marketing / newsletter
Magazine (print & digital)
Media monitoring use
Mobile app / mobile use
Newspaper (print & digital)
Publication front cover
Radio broadcast (inc. Digital)
Research & internal news gathering
Social media only
Tv broadcast (inc. Digital) / svod
Website – corporate (editorial content marketing blog/site) website – editorial (media)
Marketplace users are permitted to translate the licensed content before re-publishing or otherwise re-using the licensed content, unless any special re-use terms and conditions displayed by the original licensed content provider prohibit translation, as provided in the relevant license agreement as displayed on the order page. Therefore, we strongly advise that newsreach marketplace users always review the terms & conditions that are displayed on every order page (look for "I have read and agree to the terms & conditions for using this content"), to which newsreach marketplace users must agree to.
J.A.5 database users are permitted to only view the licensed content within the newsreach marketplace, or within their intranet, application, library, or service (for database users accessing the licensed content via newsreach marketplace's content apis), strictly for research and internal news gathering purposes only.
Database users may not (without prior written consent from vyomeen media pvt. Ltd.):
(a) reproduce, distribute, display, sell, sub-license, publish, broadcast or circulate the licensed content to any third party, nor make the licensed content available for any such use;
(b) redistribute, publish or use the licensed content or any derived licensed content in any commercial news, data or information service, nor permit any third party to do the same;
(c) use the licensed content in conjunction with any systems or applications that enable any program trading (including without limitation algorithmic trading programs), data mining, text mining, or trend analysis function, or that integrate news with customer relationship management, order management, trading, or portfolio management tools or systems, or mid-office, or back-office applications;
(d) remove, conceal or alter any copyright notices contained in the licensed content;
(e) modify, reverse-engineer or disassemble any part of the newsreach marketplace;
(f) share the individual password provided by vyomeen media pvt. Ltd. To you pursuant to which you are enabled to access the newsreach marketplace or the licensed content with any third party.
J.A.6. Newsreach marketplace users who require other usage rights not detailed on the newsreach marketplace must contact support@newsreach.In. Newsreach marketplace users must not select usage rights that are not an exact fit for the intended or actual use.
J.A.7. Licensed content on the newsreach marketplace is offered to marketplace users according to vyomeen media pvt. Ltd. Standard editorial rights, marketplace users must abide by these rights. Common uses include re-publishing, or re-using the licensed content within newspapers, magazines (except for covers), non-commercial websites, blogs, social media posts, apps, or mobile sites, or editorial broadcasts. The licensed content cannot be used for book or magazine covers, commercial, promotional, advertorial, endorsement, advertising, or merchandising purposes, within any media (e.G. Print, commercial broadcast, film, digital). And unless otherwise specified, vyomeen media pvt. Ltd. Standard editorial rights allow the user worldwide distribution of the licensed content, with archiving rights, for as long as the user has an active account with the newsreach marketplace.
J.A.8. Newsreach marketplace users must also adhere to any daily, weekly or monthly limits set by vyomeen media pvt. Ltd. Concerning the volume of licensed content which may be re-published or otherwise re- used. For example, a user may be limited to a number of articles per day, week or month.
J.A.9. Newsreach marketplace users must also adhere to any territory restrictions, distribution, or publishing restrictions, archiving limitations, fixed or limited periods for which the licensed content may be used, displayed, published or broadcasted, take-down requests and the like from vyomeen media pvt. Ltd. , or from the copyright holder of the licensed content being re-published or otherwise re-used. Any such requirements will be displayed on the order page within the newsreach marketplace, or within the newsreach marketplace user's dashboard, or agreed between the parties in writing, via email.
J.A.10. When re-publishing or otherwise re-using the licensed content, newsreach marketplace users must adhere to any special re-use terms and conditions displayed by the original licensed content provider, as provided in the relevant license agreement as displayed on the order page. These special re-use terms and conditions can be very different to our user terms. Therefore, we strongly advise that newsreach marketplace users always review the terms & conditions that are displayed on every order page (look for "I have read and agree to the terms & conditions for using this content"), to which newsreach marketplace users must agree to. For the avoidance of doubt, the words "terms & conditions" in this statement links to the specific terms & conditions for each licensed content item being ordered for re-use. Furthermore, each search result within the newsreach marketplace includes a bold exclamation mark (!) and a pop-up explanation, for any content items that have custom or non-standard re-use terms & conditions.
J.A.11. Unless indicated otherwise,vyomeen media pvt. Ltd. Cannot guarantee that all of the photos or images that are associated with the licensed content in the newsreach marketplace are rights-cleared and available for re-publishing, or other re-use, without prior permission from the owner or creator of the photo or image.
Unless indicated otherwise, it is the responsibility of the newsreach marketplace user to ensure that the necessary rights are in place to re-publish, or otherwise re-use each photo or image within the newsreach marketplace.
Vyomeen media pvt. Ltd. Does not accept any responsibility where the re-publishing or re-use of non-licensed photos or images infringes on any intellectual property right of a third-party or any other third- party right.
The newsreach marketplace user shall defend, indemnify, save and hold harmless syndigate media inc. And its officers and directors from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees arising from or related to the use of non-licensed photos or images.
Newsreach marketplace users are not permitted to copy, or download any photographs, graphics, or other images that are associated with an article made available for licensing within vyomeen media pvt. Ltd. And go on to use these images elsewhere, or associate these images with other content. However, newsreach marketplace users are permitted to replace images within articles, where the image is not suitable (unless any special re-use terms and conditions displayed by the original licensed content provider, as provided in the relevant license agreement, as displayed on the order page, specifically prohibit this type of image swapping activity).
J.A.12. Where any of the licensed content is made available to the newsreach marketplace user and indicated as 'rights managed' or 'rm' (hereafter "rights managed content"), this refers to a license offered by vyomeen media pvt. Ltd. Which, if purchased by a newsreach marketplace user, allows the one-time use of the rights managed content. If the newsreach marketplace user wants to use the same rights managed content for other uses, an additional license must be purchased via the order page.
J.A.13. Newsreach marketplace users may only re-publish or otherwise re-use the licensed content on the primary publication, station, website, or service where the content will be displayed, or otherwise used, which should be detailed within the 'website' field within the account creation form located here: https://mp.Newsreach.In. If newsreach marketplace users wish to add or change the primary publication, station, website, or service where the licensed content will be displayed, or otherwise used, this must be updated within the 'profile' section of the newsreach marketplace users' dashboard. Newsreach marketplace users wish to add an additional publication, station, website, or service where the licensed content will be displayed, or otherwise used, vyomeen media pvt. Ltd. Reserves the right to charge the relevant fees for each additional publication, station, website, or service where the licensed content will be displayed, or otherwise used.
J.B. Billing, payments, usage limits and credits:
J.B.1. When a newsreach marketplace user orders, downloads or copies licensed content from the newsreach marketplace, unless the licensed content is marked as 'free', the user will be billed for the content, regardless of whether or not actual use of the content occurs.
Any licensed content which is subject to a fee, will require payment of that amount in accord with the user terms of the service.
Vyomeen media pvt. Ltd. Offers both prepay and postpay accounts to approved newsreach marketplace users and the licensed content can be purchased using a credit card, bank-to-bank wire transfer, or other approved means of electronic payment.
J.B.2. When a user orders, downloads, or copies content from the newsreach marketplace, that download will count towards any daily, weekly or monthly limits set by vyomeen media pvt. Ltd. Concerning the licensed content volume permitted;
Furthermore, when a user orders, downloads, or copies licensed content from the newsreach marketplace, that download will count towards any allocated credits, where the licensed content is sold as part of a package of licensed content credits. Any monthly credits allocated to a user as part of bundled content package do not roll over to the next month where a user does not redeem all of the allocated credits in any given month.
J.B.3. Unless otherwise specified in a separate agreement to these user terms, any newsreach marketplace users who are receiving the licensed content off-platform, and ingesting or consuming the licensed content directly onto or into the user's own website, application or service (I.E. Bypassing the newsreach marketplace), by means of our content apis, or via our custom integrations with a user's content management system (cms), are legally bound by these same user terms and our privacy policy.
J.C. Content provider credit & attribution:
When re-publishing or otherwise re-using the licensed content, newsreach marketplace users must give credit to the original content provider, adjacent to, or within the licensed content being re-published or otherwise re-used and must at least include the source name and acknowledge the intellectual property rights associated with that licensed content. All licensed content within the newsreach marketplace displays and offers the user the original content provider's name, a downloadable logo, as well as the copyright notice. Newsreach marketplace users may use one or more of these licensed content provider credit elements when re-publishing or otherwise re-using the licensed content. And unless otherwise specified, newsreach marketplace users must also preserve any content provider watermarks within the licensed content (e.G. Within a video or a documentary). If the user fails to give the appropriate credit to the original licensed content provider, this may result in access to the affected licensed content service being removed from the user's account.
J.D. Content provider branding guidelines:
When re-publishing or otherwise re-using the licensed content, newsreach marketplace users must adhere to any special branding guidelines displayed by the original licensed content provider as provided in the relevant license agreement as displayed on the licensed content order page. Failure to adhere to any special branding guidelines displayed by the original licensed content provider may result in access to the affected licensed content service being removed from the user's account.
J.E. Free content:
Vyomeen media pvt. Ltd. Offers newsreach marketplace users certain free content, including but not limited to words, images, video and music, that is detailed as "free to use or re-publish" on the newsreach marketplace. This is generally content that vyomeen media pvt. Ltd. Aggregates from sources within the public domain, which are not protected by intellectual property laws, or any content with a creative commons (cc) license, that enables the free distribution or commercial usage of an otherwise copyrighted "work".
Where any free content on the newsreach marketplace is concerned, it is the sole responsibility of the newsreach marketplace user to carefully check the current terms and conditions for using the free content, which vyomeen media pvt. Ltd. Displays, or links to, from the newsreach marketplace, before using any of the free content.
Vyomeen media pvt. Ltd. Does not accept any responsibility where the use of free content infringes on any intellectual property right of a third-party or any other third-party right. And the newsreach marketplace user shall defend, indemnify, save and hold harmless vyomeen media pvt. Ltd. And its officers and directors from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees arising from or related to the use of free content.
J.2. You may not
J.2.A. Use the licensed content except as expressly permitted by these user terms or any license agreement which accompanies it.
J.2.B. Use the licensed content contrary to any restriction on use provided prior to or at the time the licensed content is delivered to user as contained in any license agreement.
J.2.C. If user is obtaining rights on behalf of a client, user may permit the client to exercise the rights granted, provided the client and any subcontractor or employee agrees in writing in advance to use the licensed content as limited by these user terms and/or any license agreement which accompanies any licensed content. Notwithstanding the foregoing, user and client remain jointly and severally liable and responsible for all uses.
J.3. Fees and non-payment
J.3.A. If applicable, you agree to pay the relevant fees to vyomeen media pvt. Ltd. Within thirty (30) days of receipt of an invoice in accordance with the remittance instructions on that invoice. Should you fail to make any of the payment(s) due by the relevant due date then vyomeen media pvt. Ltd. May require you to pay interest to vyomeen media pvt. Ltd. At a rate of 1.5% per month, accruing daily, on the amount due, or the maximum amount of interest permitted by law. Any claims for adjustment or rejection of user terms must be made to vyomeen media pvt. Ltd. Within ten (10) days after receipt of any invoice.
J.3.B. If you remit payment by credit card or other electronic means, and that payment is dishonoured for any reason, you agree to pay interest to vyomeen media pvt. Ltd. At a rate of 1.5% per month, accruing daily, on the amount due, or the maximum amount of interest permitted by law.
J.3.C. In addition to the relevant fees, you shall be responsible for all applicable sales, value-added and other such taxes or duties (including withholding tax, but excluding income taxes imposed on the income of vyomeen media pvt. Ltd.) payable in respect of your access to and use of the licensed content, so that, after payment of any such taxes or duties, the amount received by vyomeen media pvt. Ltd. Is not less than the aggregate of the fees applicable to your access to the newsreach marketplace and its content.
J.3.D. Time is of the essence in the performance by user of its obligations for payments.
J.3.F. Cancellation policy:
J.3.F.1. User agrees that downloading of licensed content constitutes user's agreement to comply with these user terms, any license agreement and an obligation to pay the license fees as presented with the licensed content at the time of download. Any licensed content downloaded in error or downloaded and not used must be reported to vyomeen media pvt. Ltd. Within ten (10) days of download in order for credit to be considered. The issuance of any credit is at vyomeen media pvt. Ltd.'s absolute discretion.
J.3.F.2. Unless subject to a separate agreement with us, user may close its account at any time. Users will be responsible for any and all outstanding fees due at the time of termination and will remit the full amount due within thirty (30) days of termination date.
J.4. Vyomeen media pvt. Ltd.'s rights and pricing or fee changes
Vyomeen media pvt. Ltd. Reserves the right to withdraw any licensed content at any time at its sole discretion and agrees to extend its best efforts to notify users of such removal. Upon notification by us of the withdrawal of any licensed content, user agrees to extend its best efforts to remove the withdrawn licensed content from any and all of user's media in which the withdrawn licensed content was included, so long as notice is provided by vyomeen media pvt. Ltd. Prior to publication. User further agrees to extend its best efforts to immediately remove the withdrawn licensed content from all electronically distributed media and to destroy all electronic and physical copies of the withdrawn licensed content. We agree to credit user an amount equal to the license fee paid by user to us for the withdrawn licensed content if the licensed content is withdrawn prior to publication.
Vyomeen media pvt. Ltd. And the providers of the licensed content in the newsreach marketplace reserve the right to amend its published and non-published fees and the rates at any time. However, any existing subscriptions to licensed content within the newsreach marketplace will be honoured until the expiry of the subscription.
J.5. Warranty and disclaimers
Vyomeen media pvt. Ltd. Warrants that: (I) it has all necessary rights and authority to enter into and perform this agreement.
At the same time, vyomeen media pvt. Ltd. Does not warrant the accuracy of any licensed content or that it is suitable for any particular use, publication or distribution.
J.6. User indemnity.
If user's use of the licensed content is not authorized by these user terms or any license agreement which accompanies the licensed content, user shall defend, indemnify, and hold vyomeen media pvt. Ltd. And its affiliated parties harmless from all damages, liabilities, and expenses (including actual attorneys' fees and costs), arising out of or connected with any actual or threatened lawsuit, claim, or legal proceeding relating to the use of such licensed content by user.
J.7. Unauthorized use
Any use of licensed content in a manner not expressly authorized by these user terms and/or any license agreement which accompanies the licensed content or in breach of any user terms and/or any provision of any license agreement which accompanies the licensed content constitutes infringement, entitling vyomeen media pvt. Ltd. To exercise all rights and remedies available to it under relevant laws around the world. Users shall be responsible for any damages resulting from any such infringement, including any claims by a third-party. In addition and without prejudice to vyomeen media pvt. Ltd.'s other remedies under these user terms. Vyomeen media pvt. Ltd. Reserves the right to charge and user agrees to pay a fee equal to five (5) times vyomeen media pvt. Ltd.'s normal license fee for unauthorized use of any of the licensed content.
J.8. Compliance.
J.8.A. Notification of misuse. User will immediately notify us if he/she/it becomes aware or suspects that any third-party has gained access to the licensed content through user and is wrongfully using any licensed content, in whole or in part, or is violating any of our intellectual property rights, including, but not limited to, trademarks and copyrights.
J.8.B. Audit and compliance. Upon reasonable notice, user shall provide sample copies of licensed content as used by user. In addition, upon reasonable notice, we may, in our absolute discretion, either through our own employees or through a third-party, audit user's records directly related to these user terms or any license agreement regarding the use of any licensed content in order to verify compliance with these user terms or any license agreement. If any such audit reveals an underpayment by user to us of 20 percent or more of the amount user should have paid for the time period that is the subject of the audit, in addition to paying us the amount of such underpayment, user shall reimburse us for the costs of conducting such audit. Where vyomeen media pvt. Ltd. Reasonably believes that licensed content is being used outside of the scope of the license granted under these user terms or any license agreement, user shall, at our request, provide a certificate of compliance signed by an officer of user if a company or the user individually, in a form to be approved by us.
J.9. You will not use any licensed content downloaded or obtained from us to contact anyone, process or initiate any transaction, or otherwise engage in any activity that is not reasonably necessary for legitimate business purposes or to comply with applicable law.
Disclaimers/no warranties
K.1. We administer, control and operate the newsreach marketplace from our offices located at syndigate media inc., c/o al bawaba middle east limited, the plenary, 4th floor, 74 abdel hamid sharaf street, p.O. Box 142460, amman 11844, jordan. The newsreach marketplace is accessible world-wide. However, some of its features or functions or licensed content may not be available to all persons or in all geographic locations. We make no representation that the newsreach marketplace or the licensed content is appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions. Your access and use of the newsreach marketplace may not be legal in your jurisdiction. If you choose to access, browse or use the newsreach marketplace, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the newsreach marketplace to any person and/or geographic area. Any offer for any feature, function, product or service made on the newsreach marketplace is void where prohibited.
K.2. The newsreach marketplace provides information of a general nature only. You are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided in the newsreach marketplace.
K.3. As a user, you acknowledge and agree that your sole remedy for any problems or dissatisfaction with the newsreach marketplace is to terminate your account and discontinue all use of the newsreach marketplace.
Events out of our control
Vyomeen media pvt. Ltd. Shall not be liable for any delay or failure in performance under these user terms and/or our privacy policy or any interruption of service resulting from acts of god, natural disasters, civil or military authority, war, terrorism, labour disputes, materials provided by third parties, changes in law, or any other cause beyond the reasonable control of vyomeen media pvt. Ltd..
Procedure for making complaints
If you believe that your rights, or the rights of a third-party, are being violated in any way by any content accessible on or through the newsreach marketplace, please contact us via email to support@newsreach.In.
Limitation of liability
N.1. Except as set out below, under no circumstances, including any breach of contract, tort, negligence, strict liability or arising under any other legal or equitable theory, will vyomeen media pvt. Ltd. And/or its affiliated parties be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages that arise out of or in connection with the use of or inability to use the newsreach marketplace (including without limitation use of or reliance on information available on or in the newsreach marketplace or otherwise relied on or used by vyomeen media pvt. Ltd. In delivering the newsreach marketplace, and/or any interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non delivery of information, disclosure of communications, and/or any other failure of performance), or for any content, information, software, content, products or services obtained or accessed through the newsreach marketplace, even if advised of the possibility of such damages. By agreeing to and accepting these user terms, you hereby irrevocably release vyomeen media pvt. Ltd. And its affiliated parties from liability of any kind, and for any consequence(s) arising from the use of the newsreach marketplace. This involves any and all losses, including but not limited to, loss of profit, loss of goodwill, interruption, loss of business information, damage to reputation, fees, actual attorneys' fees and costs, expenses or any other damage, whether direct or indirect, whether financial or non-financial.
N.2. In association with any claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of these user terms, whether the claim is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds. You agree not to file any lawsuit or proceeding inconsistent with the foregoing liability limitations.
N.3. In no event shall vyomeen media pvt. Ltd. Or its affiliated parties be liable for any content posted, transmitted, exchanged or received by vyomeen media pvt. Ltd. On behalf of any user or other person on or through the newsreach marketplace (including any user generated content). In no event shall the total liability of vyomeen media pvt. Ltd. And its affiliated parties to you for any and all damages, losses and causes of action exceed, in the aggregate, (I) the amount, if any, paid by you to vyomeen media pvt. Ltd. For your use of the newsreach marketplace or for any of your activities in connection with the newsreach marketplace during the three (3) months immediately preceding your claim.
Warranty
O.1. You use the newsreach marketplace at your sole/own risk. The newsreach marketplace, including all content, software, web newsreach marketplace, application, functions, information, materials, products and services is provided "as is" and "as available" without warranties of any kind, either express or implied, including, without limitation, any warranties with respect to any uptime or uninterrupted access, the availability, accuracy or usefulness of any content, or any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, features, quality, compatibility, performance, security or accuracy. We do not warrant the newsreach marketplace and/or any products, services and/or content will be timely, secure, uninterrupted, or operated free of delays in transmission, failure in performance, computer viruses, inaccuracies, errors or defects. We also assume no responsibility, and shall not be liable, for any damages to or virus(es) or other malware that may infect your computer equipment, tablet, cellular/mobile phone or other property on account of your access to, browsing, or use of the newsreach marketplace. You are solely responsible for implementing sufficient safeguard procedures and virus and malware checks (including anti-virus, regular system upgrades and other security checks and measures) to satisfy your particular requirements for the accuracy and security of data input and output. No advice, results or information, whether oral or written, obtained by you from us or through the newsreach marketplace shall create any warranty not expressly made herein.
O.2. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. In such a circumstance, our exposure shall be limited to the fullest extent permitted by the laws of the republic of india .
O.3. The information provided by the newsreach marketplace is not intended to replace the information presented in the physical world. In the event that information in the physical world differs from the newsreach marketplace, you must not rely on the newsreach marketplace. Moreover, vyomeen media pvt. Ltd. Does not warrant the newsreach marketplace will operate in an uninterrupted or error-free manner, or that it is safe, secured from unauthorized access to vyomeen media pvt. Ltd.'s computers, immune from damages, or free of malfunctions, bugs or failures (including, but not limited to, hardware or software failures).
Modifications
A change to the newsreach marketplace may occur at any time and, if it does, we will post the updated user terms. If such a posting occurs, the revised user terms will become effective upon the earlier of (I) posting of the revisions to the newsreach marketplace, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the "last updated" date at the top of these user terms to ensure you are familiar with the most recent version of these user terms. Your continued use of the newsreach marketplace after the effective date of the revisions signifies your acceptance of any such revisions.
Statute of limitations
You and we agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the newsreach marketplace, content, licensed content, products and/or services, user terms and/or privacy policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Term and termination
R.1. The term of this agreement shall commence on the date when you create an account to access the newsreach marketplace and continue for one month (the "initial term"). The agreement shall thereafter automatically renew for successive one month terms (each, a "renewal term" and, when referred to collectively with the initial term, the "term").
R.2. We may permanently or temporarily terminate or suspend your access to the newsreach marketplace at any time during the term without notice and without liability for any or no reason, including if, in our sole determination, you violate any provision of these user terms. In particular, we may immediately terminate or suspend any account that has been found to repeatedly infringe any intellectual property rights or is in violation of any other laws or our user terms and/or privacy policy.
R.3. Upon termination of your access to or ability to use the newsreach marketplace, including but not limited to suspension of your account, your right to use or access any product, service and/or any licensed content will immediately cease. All provisions of these user terms that by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability. See also the provisions in paragraph s below. Termination of your access to and use of the newsreach marketplace shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to us or any third-party.
R.4. On termination of your account and/or upon your deletion of any particular licensed content, you acknowledge and agree that: (a) caching of, copies of, or references to the licensed content may not be immediately removed; and (b) such removed licensed content may persist in backups (not available to others) for reasonable periods of time. You agree to release and indemnify us from all claims related to the retention of deleted licensed content.
R.5. You agree that we may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these user terms and/or our privacy policy; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which we believe is harmful to the newsreach marketplace and/or business interests. You agree that termination, limitation of access and/or suspension shall be made in our sole and absolute discretion and we shall not be liable to you or any third-party for the termination, limitation of access, and/or suspension of your account.
R.6. You may terminate your account with us and under these user terms at any time during the term by emailing us at support@newsreach.In. We may terminate this agreement for any or no reason at any time during the term by notifying you through a notice on the newsreach marketplace, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defences hereunder.
R.7. Upon termination of your account, you will no longer have a right to access your account and/or the licensed content. We will not have any obligation to assist you in migrating the licensed content and we may not keep any backup of any of the licensed content. We will not be responsible for deleting the licensed content.
R.8. Within thirty (30) days upon termination or expiration of this agreement or your account, you shall promptly destroy or delete all copies of the licensed content from your media properties and/or platforms and/or applications and/or services, provided that you shall have the right to retain any licensed content that has already been distributed on your media properties and/or platforms and/or applications and/or services during the term, as per these vyomeen media pvt. Ltd. Terms of use, but may not make any new uses of such licensed content. However, as per clause j.A.9. Above, where there are any archiving limitations, fixed or limited periods for which the licensed content may be used, displayed, published or broadcasted, you agree to remove and destroy all copies of the licensed content within thirty (30) days following the termination or expiration of this agreement.
Survival
The following sections shall survive any termination: "intellectual property rights ownership," "indemnity," "warranty," "limitations of liability," "jurisdictional restrictions," "released parties," and "binding arbitration agreement and class action / private attorney general waiver disclosure".
Export control
You represent and warrant that you: (I) are not located in a country that is subject to a republic of india government embargo, or that has been designated by the republic of india as a "terrorist supporting" country; (ii) are not listed on any republic of india government list of prohibited or restricted parties, (iii) will not use our products and/or services to transfer software, technology or other technical data to parties identified on any such lists, and (iv) will not otherwise act or fail to act in such a manner as to violate any republic of india laws, directives, regulations or rules.
Indemnity
U.1. Newsreach marketplace users agree to defend, indemnify and hold harmless us, our affiliated parties and our employees, trustees, shareholders, contractors, sub-contractors, agents, representatives, professional advisers, members, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney's fees and costs) arising from: (I) your use of and access to the newsreach marketplace, including any licensed content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these user terms and/or our privacy policy, including your breach of any of the representations and/or warranties contained in these user terms; (iii) your violation of any third-party rights, including any rights of privacy or intellectual property rights; (iv) your violation of any applicable law, directive, regulation or rule; (v) any claim or damages that arise as a result of any of your content or any that is submitted via your account; and/or (vi) any other party's access and use of the newsreach marketplace and any of the newsreach marketplace's contents with your unique username, password or other appropriate security code.
U.2. You hereby agree that we shall have the sole right and obligation to control the legal defence against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation. Users may participate in the defence at its own cost and have notice of all key events at reasonable intervals as dictated by the circumstances.
Released parties
V.1. To the fullest extent permitted by law, you release us, our affiliated parties and our related individuals, affiliates and subsidiaries, and any of their trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (I) disputes between newsreach marketplace users, including those between you and other newsreach marketplace users; (ii) third-party platforms and services, including licensed content found on and in such platforms; (iii) disputes concerning any use of or action taken using your account by you or any third-party; and (iv) claims relating to unauthorized access to any data communications or licensed content stored under or relating to your account.
V.2. If you have a dispute with one or more newsreach marketplace users of the newsreach marketplace, with any party who provides third-party services on or through the newsreach marketplace, with any individual or entity who provides a website, application or other service linked to the newsreach marketplace or from third-party licensed content which is posted in or on the newsreach marketplace, you release us and our affiliated parties from all claims, demands, and damages (e.G., direct, incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you have a dispute with a current or former employee or any third-party in any way pertaining to our disco platform and/or the licensed content, you release disco and our affiliated parties from any and all claims, demands, and damages (e.G., direct, incidental, indirect, punitive, statutory, exemplary, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive california civil code § 1542 which states:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
V.3. You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal, national, state, local or other statute or principle of common law of england and wales, or any political entity or nation, provincial or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to california civil code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.
End user license agreement
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Important information – please read carefully
The herein contained license agreement ("License" or "Eula") shall be considered a legally binding agreement between you (as an individual or an entity, who then shall, within the constraints of this agreement, be referred to as "You" or "Your") and vyomeen media pvt. Ltd. For the use of the specified website of newsreach marketplace , which may include related printed material, media and any other components and/or software modules, including but not limited to required drivers ("Product"). Other aspects of the product may also include, but are not limited to, software updates and any upgrades necessary that newsreach marketplace may supply to you or make available to you, or that you could obtain after the initial copy of the product, and as such that said items are not accompanied by a separate license agreement or terms of use.
By way of the installation, copying, downloading, accessing or otherwise use of this product, you are agreeing to be legally bound by the herein contained terms of this license agreement. If you do not agree to be bound by the terms of this eula, you then have no rights to the product and should therefore not install, copy, download, access nor use the product.
This product is hereby protected by copyright laws, as well as any other intellectual property laws. This product is licensed and not sold.
License grant
Vyomeen media pvt. Ltd. Shall grant to you a non-exclusive license for the use of the product subject to all the terms and conditions set forth herein. Furthermore, this eula shall also govern any and all software upgrades provided by vyomeen media pvt. Ltd. That would replace, over write and/or supplement the original installed version of the product, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.
Termination
Should you breach this eula at any time, your right to the use of the product will then immediately terminate and shall terminate without any notice being given. However, all provisions of this eula, with the exception of the license grant , will remain in effect and thus shall survive termination.
Copyright
The aforementioned product is protected by copyright and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material, with the exception that it is allowable for you to make copies as provided by the license. However, printed material, which may accompany any offered content, may not be copied.
Restrictions on use
As a licensee, you may not:
(a) make use of the offered content on more than one website at a time, without prior purchase of additional licenses;
(b) you may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content;
(c) modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within your work in accordance with this license;
(d) reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;
(e) attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or
(f) make use of any offered content in any manner not stipulated within this eula or the documentation accompanying the offered content.
Updates
Vyomeen media pvt. Ltd. May find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this eula. It shall be at the sole discretion of vyomeen media pvt. Ltd. To make conditional releases of said upgrade to you upon your acceptance of another eula or execution of another separate agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this eula and/or any other agreement.
Disclaimer of warranty
With regard and with relationship to the maximum extent permitted by applicable law, vyomeen media pvt. Ltd., and, if applicable, related suppliers, shall provide the product and any support services, if needed, related to the product, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the product, and the provision of or failure to provide support services. Furthermore, there is no warranty or condition of title, quiet enjoyment, quiet possession, or non-infringement with regards to the herein contained product. The entire risk as to the quality of or performance of the product and support services, if any, rest with you.
Limitation of liability and remedies
In spite of any damages that you may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of vyomeen media pvt. Ltd. And/or any of the aforementioned suppliers covered under the herein contained provisions of this eula, along with your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by you for this product . Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.
Miscellaneous
This eula, in its entirety, shall be legally binding upon and inure to the benefit of vyomeen media pvt. Ltd. And you, our respective successors and permitted assigns. Should any of this provision be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this eula. Any waiver, supplementation, modification or amendment to any provision of this eula, shall only be effective when done so in writing and signed off by vyomeen media pvt. Ltd. And you. This eula shall be governed solely by the law in the republic of india. Should any action arise out of or in relation to this eula, such action may be brought exclusively in the appropriate state court, you and vyomeen media pvt. Ltd.Irrevocably consented to mumbai as jurisdiction.