Terms of Service - NewsPutsch

For the purpose of this document Rolonews will be referred to as “The Service Provider.” The user/publisher will be referred to as “The Client.”

These Terms of Service (“Terms“) govern “The Client’s” access to and use of the services, including all of The Service Provider’s websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, and commerce services (the “services“), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the services (collectively referred to as “content“).

The Client’s access to and use of our services is conditional the acceptance of and compliance with these Terms. By accessing or using the services The Client agrees to be bound by these Terms.

 

1. Basic Terms

The Client is responsible for his use of the services provided using The Service Provider’s application for any posts to the services, and any resulting consequences.

The content submitted, posted, or displayed will be able to be viewed by other users of these services, through third party services and other websites. The Client should only allow or provide content that he is at ease with sharing and publishing under these Terms.

The Client may use the services only if he can form a binding contract with The Service Provider and are not a person or entity barred from receiving services under the laws of the Republic of Ireland or any other applicable jurisdiction. If The Client accepts these Terms and using the services on behalf of a company, organisation, government, or other legal entity, The Client represents and warrant that The Client is authorised to do so. The Client may use the services only in compliance with these Terms and all applicable local, regional, state, national, and international laws, rules and regulations.

The Service Provider’s services are constantly evolving and the form and nature of the services may change from time to time without prior notice to The Client. Moreover, The Service Provider may stop (temporarily or permanently) providing the services (or any features within the services) to The Client or to users generally and may not be able to provide The Client with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to The Client.

The services may include advertisements, which may be targeted to the content or information on the services, queries made through the services, or other information. The types and extent of advertising by The Service Provider on the services are subject to change.

In consideration for The Service Provider granting The Client access to and use of the services, The Client agrees that The Service Provider and its third party providers and partners may place such advertising on the services or in connection with the display of content or information from the services whether submitted by The Client or others.

 

2. Privacy

Any information The Client provides to The Service Provider is subject to our data privacy policy.

The Service Provider safeguards data used on its applications and we ensure users always have access and right to delete their user track at any time. We release no data to third parties except to lawful government requests such as tax, terrorism under Irish jurisdiction and tax to most worldwide tax authorities.

 

3. Passwords

The Client is responsible for safeguarding the password that The Client uses in connection or access within the services and for any activities or actions under The Client’s password. We encourage The Client to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with The Client’s account. The Service Provider cannot and will not be liable for any loss or damage arising from The Client’s failure to comply with the above.

 

4. Content on the services

All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the services and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the services or obtained by The Client through the services is at The Client’s own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the The Service Provider’s services or endorse any opinions expressed via the services. The Client understands that by using the services, The Client may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will The Service Provider be liable in any way for any content not of its own, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the services or broadcast elsewhere.

 

5. The Client’s Rights

The Client retains the right to any content The Client submits, post or display on or through the services. By submitting, posting or displaying content on or through the services, The Client grants us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).

This license is The Client authorising us to make posts available to the rest of the world and to let others do the same.

The Client agrees that this license includes the right for The Service Provider to provide, promote, and improve the services and to make content submitted to or through the services available to other companies, organisations or individuals who partner with The Service Provider for the syndication, broadcast, distribution or publication of such content on other media and services, subject to our terms and conditions for such content use.

Such additional uses by The Service Provider, or other companies, organisations or individuals who partner with The Service Provider, may be made with no compensation paid to The Client with respect to the content that The Client submits, posts, transmits or otherwise makes available through the services.

The Client is responsible for The Client’s use of the services, for any content The Client provides, and for any consequences thereof, including the use of The Client’s content by other users and our third party partners. The Client understands that The Client’s content may be syndicated, broadcast, distributed, or published by our partners and if The Client does not have the right to submit content for such use, it may subject The Client to liability. The Service Provider will not be responsible or liable for any use of The Client’s content by The Service Provider in accordance with these Terms. The Client represents and warrant that The Client has all the rights, power and authority necessary to grant the rights granted herein to any content that The Client submits.

 

6. The Client’s License To Use the services

The Service Provider gives The Client a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to The Client by The Service Provider as part of the services. This license is for the sole purpose of enabling The Client to use and enjoy the benefit of the services as provided by The Service Provider, in the manner permitted by these Terms.

 

7. The Service Provider’s Rights

All right, title, and interest in and to the services (excluding content provided by users) are and will remain the exclusive property of The Service Provider and its licensors. The services are protected by copyright, trademark, and other laws of both the Republic of Ireland and other countries across the world. Nothing in the Terms gives The Client a right to use the The Service Provider name or any of the The Service Provider trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions The Client may provide regarding The Service Provider, or the services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to The Client.

 

8. Restrictions on content and Use of the services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content on the services, to suspend or terminate users, and to reclaim usernames without liability to The Client. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  1. satisfy any applicable law, regulation, legal process or governmental request.
  2. enforce the Terms, including investigation of potential violations hereof
  3. detect, prevent, or otherwise address fraud, security or technical issues,
  4. respond to user support requests, or
  5. protect the rights, property or safety of The Service Provider, its users and the public.

The Service Provider does not disclose personally identifying information to third parties except in accordance with our privacy policy

The Client may not do any of the following while accessing or using the services:

  1. access, tamper with, or use non-public areas of the services, The Service Provider computer’s systems, or the technical delivery systems of The Service Provider;
  2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
  3. access or search or attempt to access or search the services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by The Service Provider (and only pursuant to those terms and conditions), unless The Client has been specifically allowed to do so in a separate agreement with The Service Provider (NOTE: crawling the services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the services without the prior consent of The Service Provider is expressly prohibited);
  4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the services to send altered, deceptive or false source-identifying information; or
  5. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the services

 

9. Copyright Policy

The Service Provider respects the intellectual property rights of others and expects users of the services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If The Client believe’s that content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  1. a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. The Client’s contact information, including The Client’s address, telephone number, and an email address;
  5. a statement by The Client that The Client has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and, under penalty of perjury, that The Client is authorised to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to The Client. In appropriate circumstances, The Service Provider will also terminate a user’s account if the user is determined to be a repeat infringer.

 

10. iDollars (i$) – Digital currency

The Service Provider has created its own digital currency based on the Euro. The iDollar is an electronic voucher system expressed as an internal currency i$. A user agrees to pay a payment handling charge of 2% charge on the way in and out of the i$ virtual currency. The micro-syndication and advertising “micro-syndication” fees are payment handling charges. All payment handling charges are free of VAT to The Service Provider based in Ireland and any user using The Service Provider applications. All subscriptions are subject to VAT, general sales tax, or any other form of sale tax in the reader’s and user’s home jurisdiction. Reports on income will be provided in the presumed country and the user takes full responsibility for submission to the relevant authorities. Net payments to the publisher are subject to  such sales taxes in their country or jurisdiction. Users also take responsibility and account for corporation tax and meet all other local fiscal requirements for money they earn on the platform. The Service Provider operates globally and so responsibility is with the user wherever he, she or company is located within the 206 sovereign states in the world.

 

11. Ending These Terms

The Terms will continue to apply until terminated by either The Client or The Service Provider as follows.

The Client may end The Client’s legal agreement with The Service Provider at any time for any reason by deactivating The Client’s accounts and discontinuing The Client’s use of the services. The Client does not need to specifically inform The Service Provider when The Client stops using the services. If The Client stops using the services without deactivating The Client’s accounts, The Client’s accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate The Client’s accounts or cease providing The Client with all or part of the services at any time for any reason, including, but not limited to, if we reasonably believe:

  1. The Client has violated The Service Provider rules
  2. The Client created risk or possible legal exposure for us; or
  3. our provision of the services to The Client is no longer commercially viable. We will make reasonable efforts to notify The Client by the email address associated with The Client’s account or the next time The Client attempts to access The Client’s account.

Nothing in this section shall affect The Service Provider’s rights to change, limit or stop the provision of the services without prior notice.

 

12.Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of The Service Provider and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “The Service Provider’s Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to The Client. Nothing in this section is intended to limit any rights The Client may have which may not be lawfully limited.

A. The services are Available “AS-IS”

The Client’s access to and use of the services or any content are at The Client’s own risk. The Client understands and agree that the services are provided to The Client on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SERVICE PROVIDER’S ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The The Service Provider’s Entities make no warranty and disclaim all responsibility and liability for:

  1. the completeness, accuracy, availability, timeliness, security or reliability of the services or any content;
  2. any harm to The Client’s computer system, loss of data, or other harm that results from The Client’s access to or use of the services or any content;
  3. the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services; and
  4. whether the services will meet The Client’s requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the The Service Provider’s Entities or through the services, will create any warranty not expressly made herein.

B. Links

The services may contain links to third-party websites or resources. The Client acknowledges and agree that the The Service Provider’s Entities are not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or
  2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the The Service Provider’s Entities of such websites or resources or the content, products, or services available from such websites or resources. The Client acknowledges sole responsibility for and assume all risk arising from The Client’s use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE PROVIDER’S ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM

  1. THE CLIENT’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE services;
  2. ANY CONDUCT OR content OF ANY THIRD PARTY ON THE services, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
  3. ANY content OBTAINED FROM THE services; OR
  4. UNAUTHORISED ACCESS, USE OR ALTERATION OF THE CLIENT’S TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SERVICE PROVIDER’S ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (€100.00) OR THE AMOUNT THE CLIENT PAID THE SERVICE PROVIDER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE THE SERVICE PROVIDER’S ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

13. General Terms

A. Waiver and Severability

The failure of The Service Provider to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Republic of Ireland without regard to or application of its conflict of law provisions or The Client’s state, region or country of residence. All claims, legal proceedings or litigation arising in connection with the services will be brought solely in the Republic of Ireland, and The Client consents to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

C. Entire Agreement

These Terms are the entire and exclusive agreement between The Service Provider and The Client regarding the services (excluding any services for which The Client has a separate agreement with The Service Provider that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between The Service Provider and The Client regarding the services. Other than members of the group of companies of which The Service Provider is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify The Client via an update or e-mail to the email associated with The Client’s account. By continuing to access or use the services after those revisions become effective, The Client agrees to be bound by the revised Terms.

 

These services are operated and provided by ROLONEWS LP, 3 Garraí Na gCrann Mornington, Co Meath, Republic of Ireland