Acceptance of Terms of Use

Welcome to the website of Newsicorn LLC. (“Newsicorn”, “we” or “us”). These Terms of Use (“Terms”) govern your access to and use of this website and the Newsicorn app, including all related content, functionality, products and services (“Services”).

Please read these Terms carefully before using the Services. Your access to and use of the Services is conditioned on your acceptance of and agreement to be bound by these Terms and our Privacy Policy. Your continued access and use of the Services will signify your agreement to be bound by these Terms. If you do not wish to abide by these Terms or our Privacy Policy, you must not access or use the Services.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, please do not use the Service.

Modification of Terms

We reserve the right, in our sole discretion and at any time, to modify, discontinue or terminate any or all aspects of the Services, and to modify these Terms as we see fit. All modified terms and conditions will be effective when posted on the Website (unless a longer notice period is required by applicable law). If any modified Terms are not acceptable to you, your sole remedy is to cease using the Services. By continuing to access or use the Services after we makes any such modification, you agree to be bound by the revised Terms.

Your Content

We allow you to post content, including photos, reviews, images, messages, and any other materials. Anything you post or otherwise make available on or through the Services is referred to as “User Content.” You retain all rights in, and are solely responsible for the User Content you post when using the Services.

By submitting User Content you hereby grant Newsicorn and its users a perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content for the purpose of operating, developing, providing and using the Services. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to User Content brought against Newsicorn or its transferees or sublicensees resulting from our or their uses.

You are responsible for your User Content and represent and warrant that all user content submitted by you will comply with all applicable laws and regulations. When submitting User Content, you assume all risks associated with posting such content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in User Content that makes you personally identifiable.

In submitting User Content to us, you represent that:
You are the sole author of User Content, and User Content are not copied from or based on, in whole or in part, any other work or website, except works in the public domain or properly licensed to you; and
Use of User Content by Newsicorn, its licensees and our and their users will not violate or infringe any right of yours or any third party.
Lastly, you agree that all User Content submitted by you will not:
• Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
• Contain material that violates the standards of good taste or the standards of the Properties;
• Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
• Accuse others of illegal activity, or describe physical confrontations;
• Contain material that is illegal, or that violates any federal, state, or local law or regulation;
• Contain language or images intended to impersonate another person;
• Disguise or attempt to disguise the origin of User Content;
• Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
• Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
• Assert or imply that User Content is in any way sponsored or endorsed by us; or
• Contain material that is not in English.

We reserve the right to use, post or refuse to post, disable from view, remove or reinstate any content (including User Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of User Content that we determine, in our sole discretion, to be in violation of these Terms

Newsicorn Content

We are the sole and exclusive owners of the App, Website, Services and Newsicorn Content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your use of the Services and all other elements and components of the Services excluding the raw content submitted by you and other users of the Services (“Newsicorn Content”). We also exclusively own all copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights associated with the Services (the “IP Rights”)
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to use the Services. Except as expressly provided herein you agree not to use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any aspect of our Services, including the content made available by others through the Services, the Newsicorn Content or IP Rights except as expressly authorized by these Terms.

Content Disclaimer

You understand that when using the Services you will be exposed to Content from a variety of sources, and that Newsicorn is not responsible for the accuracy or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Newsicorn with respect thereto. Newsicorn does not endorse any User Content or any opinion, recommendation, or advice expressed by those other than Newsicorn, and Newsicorn expressly disclaims any and all liability in connection with

User Content.

Your Obligations in Using the Services

The Services may be used and accessed only for lawful and non-commercial purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
• Circumvent, disable or otherwise interfere with security-related features of the Services or features designed to prevent or restrict use or copying of content;
• Upload, post, email, text or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, video or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
• Use any meta tags or other hidden text or metadata utilizing a Newsicorn name, trademark, URL or product name relating to the Services;
• Upload, post, email, text or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
• Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Services to send altered, deceptive or false source-identifying information;
• Upload, post, email, text or otherwise transmit, via the Services, any User Content that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable;
• Upload, post, email, text or otherwise transmit any User Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Services;
• Upload, post, email, text or otherwise transmit any User Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content;
• Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available through the Services, or any servers or networks connected to the Services or the technical delivery systems used to provide the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• Attempt to probe, scan or test the vulnerability of any Newsicorn system or network or breach or impair or circumvent any security or authentication measures protecting any aspect of the Services;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Attempt to access, search or meta-search the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Newsicorn or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Services to determine how a website or web page ranks;
• Collect or store personal data about other users without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
• Use the Services in any manner not permitted by this Agreement; or
• Encourage or instruct any others to do any of the foregoing or to otherwise violate these Terms.

Termination

We may immediately terminate or suspend your access to the Services and remove any material (including User Content) from our Website or our servers, in the event that you breach these Terms. Notwithstanding the foregoing, we also reserve the right to terminate any or all aspects of the Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Newsicorn is not liable to you or any third party for any termination, suspension or interruption of the Services or any termination of your access and use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Newsicorn will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.

You may terminate your use of the Services at any time and for any reason. Upon any termination by a Member, the related Account will no longer be accessible to you.

Any suspension, termination or cancellation will not affect your obligations to Newsicorn under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their essence and context are intended to survive such suspension, termination or cancellation.

Digital Millennium Copyright Act

If you are an owner of intellectual property or an agent thereof and believe that any content displayed through the Services infringes upon your rights, please submit notification to us in the manner below.
Newsicorn (“Newsicorn”) respects the intellectual property rights of others and expects its users to do the same. It is Newsicorn’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Newsicorn will respond expeditiously to claims of copyright infringement committed using the Newsicorn website (the “Site”) that are reported to Newsicorn’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by emailing the following information to copyright@Newsicorn.com.

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.

Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.

What if I receive a Copyright Complaint (DMCA) notification?

If you receive a notification that a card has been removed due to a copyright complaint, it means that the card’s content has been deleted from Newsicorn at the request of the content’s owner. If you want us to forward the information from the Copyright Complaint notification, just reply to the notification to let us know. We’ll be happy to send it along (without any personal contact information). If your account receives too many copyright complaints, you may lose the ability to add new content on Newsicorn, and your account may be disabled completely.

If you believe a card was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed.

Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

How to File a Counter-Notice

Email your counter-notice to copyright@Newsicorn.comm.
Include ALL of the following:
Your name, address, and telephone number.
DMCA ID printed at the bottom of the notification email.
The source address of the content that was removed (copy and paste the link in the notification email).
A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Newsicorn may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
A physical or electronic signature (for example, typing your full name).

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. Newsicorn EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITES, SERVICES, Newsicorn CONTENT AND USER CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Newsicorn DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Newsicorn, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL Newsicorn, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, SERVICES, AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Newsicorn HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL NewsicornS CUMULATIVE LIABILITY TO YOU EXCEED $100.

Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right relating to User Content submitted or encouraged by you; or (iv) any claim that your User Content caused damage to a third party.

General

You agree that: (i) the Services shall be deemed solely based in Washington State; and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over Newsicorn, either specific or general, in jurisdictions other than Washington. These Terms shall be governed by and interpreted in accordance with the laws of the State of Washington excluding that body of law pertaining to conflict of laws. For any dispute you have with Newsicorn, you agree to first contact Newsicorn and attempt to resolve the dispute with us. Any legal action or proceeding arising under these Terms will be brought to arbitration or will be brought exclusively in courts located in King County, Washington and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

These Terms, together with the Privacy Policy and any other legal notices published by Newsicorn on the Service, shall constitute the entire agreement between you and Newsicorn concerning the Service. In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Newsicorn’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Newsicorn and any prohibited assignment will be null and void. Newsicorn reserves all rights not expressly granted in these Terms. Newsicorn may assign these Terms or any rights hereunder without your consent. YOU AND Newsicorn AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Affiliate Notification

Disclosure: the Newsicorn.com website and app may include affiliate links and we may receive compensation from the companies whose products we feature.

These Terms were last updated on, and are effective as of, May 1, 2015.