FOURTH ESTATE NEWSHUB GENERAL TERMS
Last Modified: April 15, 2021
Please read these Fourth Estate NewsHub General Terms (these “General Terms”) carefully.
These General Terms are between you and Fourth Estate Public Benefit Corporation (“Fourth Estate” or “we” or “us”) concerning your use of the Fourth Estate NewsHub (the “Platform”)
BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO THESE GENERAL TERMS AND YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, AND OTHERWISE HAVE THE LEGAL CAPACITY TO ENTER INTO THESE GENERAL TERMS.
1. USE OF THE NEWSHUB PLATFORM(S)
The NewsHub Platform(s) makes available articles, photographs, graphics, video and other content (“Content”). Subject to your compliance with these General Terms, you may access Content on the Platform for your personal, non-commercial purposes only. Please note that many features and functionalities of the Platform, including the ability to license certain Content for further use and display, are limited to customers of Fourth Estate who have entered into one or more separate written agreements with Fourth Estate (“Customers”). If you are a Customer, then you are subject to the terms of any such separate agreement(s) in addition to these General Terms, and the terms of any such separate agreement(s) will prevail in the event of an irreconcilable conflict between such terms and these General Terms.
We may change these General Terms from time to time by notifying you of the changes by any reasonable means, including by posting revised General Terms on the NewHub Platform. By using the NewHub Platform following any changes to these General Terms, you agree to the changes.We may, at any time and without liability or prior notice, modify, suspend, limit availability or discontinue all or part of the NewHub Platform; charge, modify or waive any fees required to use the NewHub Platform; or offer opportunities to some or all users of the NewHub Platform.
3. ACCESS CREDENTIALS / SECURITY
You may need to register or otherwise enter a user name, password or other information or credentials (collectively, “Access Credentials”) in order to make use of the NewHub Platform (or you may have already done so). All Access Credentials are solely for your internal business use in accordance with the General Terms, are to be used only by the particular individual to whom they are assigned, and may not be shared with other individuals. You are solely responsible for any use or misuse of your Access Credentials. You must ensure that all such Access Credentials are kept confidential, and you must promptly notify us of any actual or suspected confidentiality breach or unauthorized use of your Access Credentials or Platform account. Without limiting the foregoing: (a) you acknowledge and agree that all individuals with Access Credentials (“Users”) will have the authority to act in your name and on your behalf in connection with the Platform; and (b) you hereby authorize any transactions and other acts initiated using Access Credentials. You will use reasonable efforts to secure any computing environment containing copies of any Content made available through the NewHub Platform in accordance with best practices in the news and media industry, and will promptly notify Fourth Estate of and remedy any security breach affecting such Content of which you become aware.
4. INFORMATION SUBMITTED THROUGH THE NEWSHUB PLATFORM
5. COMPLIANCE WITH LAW
Any use of the NewHub Platform, and/or Content, is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.
6. RULES OF CONDUCT
You must not: (a) make available any malicious or potentially harmful computer code; (b) collect information about users of the NewHub Platform; (c) interfere with the operation of the NewHub Platform; (d) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, sublicense, distribute or otherwise exploit any part of the NewHub Platform (including any Content), except as expressly permitted herein;(e) reverse engineer, decompile or disassemble any part of the NewHubPlatform, except to the extent such restriction is expressly prohibited by applicable law; or (f) use any robot, spider or other device to retrieve, index, “scrape” or “data mine” any Content, or otherwise access or download any Content other than through the functionality of the NewHub Platform.
Fourth Estate may (but has no obligation to) monitor, moderate and/or analyze your use of the NewHub Platform. We may collect and use information related to your use of the NewHub Platform to test, develop, improve and enhance our products and services. We may disclose information regarding your access to and use of the NewHub Platform to anyone for any reason or purpose.
8. FOURTH ESTATE'S PROPRIETARY RIGHTS
You will not use any of the trademarks, service marks, trade names or service names of Fourth Estate, its affiliates or its licensors (“Marks”) without the express prior written consent of the owner. As between Fourth Estate and you, the Marks, the Platform and any Content contained therein: (a) are owned byFourth Estate, its affiliates or its licensors and are protected byproprietary rights and laws, and (b) are hereby reserved by Fourth Estate, its affiliates or its licensors.
ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW, INCLUDING WARRANTIES OR OTHER TERMS AS TO SUITABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND TITLE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE PLATFORM (INCLUDING ANY SERVICES AND CONTENT AVAILABLE THEREIN) IS DELIVERED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. ALL DISCLAIMERS OF ANY KIND IN THESE GENERAL TERMS ARE MADE FOR THE BENEFIT OF BOTH FOURTH ESTATE AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “NEWSHUB PARTIES”).
10. LIMITATION OF LIABILITY
THE AGGREGATE LIABILITY OF ALL NEWSHUB PARTIES, COLLECTIVELY, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE GENERAL TERMS OR THE PLATFORM (AND ANY SERVICES OR CONTENT AVAILABLE THEREIN), INCLUDING FOR NEGLIGENCE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO FOURTH ESTATE TO USE THE PLATFORM PURSUANT TO THESE GENERAL TERMS, AND (B) FIVE DOLLARS ($5). NO NEWSHUB PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA OR LOSS OF PROFITS, EVEN IF SUCH DAMAGES OR LOSSES COULD HAVE BEEN FORESEEN OR PREVENTED. ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THESE GENERAL TERMS ARE MADE FOR THE BENEFIT OF BOTH FOURTH ESTATE AND THE OTHER NEWSHUB PARTIES.
Fourth Estate may terminate these General Terms or your right to use the NewsHub Platform at any time and without prior notice, for any reason. The preamble of these General Terms and Sections 4–15 of these General Terms shall survive any termination of these General Terms.
12. GOVERNING LAW / JURISDICTION
These General Terms, your use of the NewsHub Platform and all related matters are governed solely by, and construed solely in accordance with, the laws of the State of New York, U.S.A., without regard to any of its principles of conflicts of law that would cause the application of the laws of any other jurisdiction, and regardless of your location. You agree to the exclusive jurisdiction of the federal and state courts located in the City of Denver, State of Coloradi, United States of America., with respect to any such disputes, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
All notices to Fourth Estate under these General Terms must be in writing and sent by e-mail to Fourth Estate. When you visit the NewsHub Platform or send-emails to Fourth Estate, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices to the NewsHub Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing online infringes their rights under U.S. copyright law. If you believe in good faith that the use of certain materials on the NewsHub Platform infringe your copyright, you (or your agent) may send to Fourth Estate a written request that Fourth Estate remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available on the NewsHub Platform, the DMCA permits you to send to Fourth Estate a counter-notice. Notices and counter-notices must meet the requirements imposed by the DMCA, see http://www.copyright.gov/, and be sent in writing to our DMCA agent.
If any provision of these General Terms is held to be invalid or unenforceable, such provision will be ineffective only to the extent of such invalidity or unenforceability, and the remainder of these General Terms will continue in full force and effect.