Please read this User Agreement (last revised as of January 24, 2012) before using this service. By continuing to use NYaltnews.com, you agree to abide by the conditions of this agreement.
1. Agreement and General Terms of Use
1.1 This User Agreement (the “Agreement”) is the agreement between NYaltnews.com and you as a user who accesses or establishes a connection to our services (the “Services”). “You,” “your,” “registered user” or “unregistered user” means an adult user of the Services (or adult parent or guardian of any minor allowed to access the Services, for whom the parent will be held strictly responsible). A “registered user” is a person who has provided personally identifiable information including but not limited to name and electronic mail address, and who may therefore have preferred access to specific parts of the Service. An “unregistered user” is a person who has not provided any such information, and whose access to the Website is limited to non-registration areas.
1.2 You agree to abide by all the provisions in this Agreement to remain an authorized user of the Services, and your use of the Services is your binding agreement to abide by these provisions. IF YOU DO NOT AGREE TO COMPLY WITH ALL OF THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
1.3 NYaltnews reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. NYaltnews will make the current Agreement available as a link from its homepage. The Agreement in effect at the time of your use of the Services shall govern your use and your use of the Services after the effective date of any changes to this Agreement will be deemed your acceptance of the changes. IF YOU DO NOT WISH TO BE BOUND BY A CHANGE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
1.4 NYaltnews reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, tool, or feature that is a part of the Services. NYaltnews further reserves the right, in its sole discretion, to restrict the use of the Services as well as suspend or revoke your rights to use the Services based on NYaltnews’s belief that your use of the Services violates that which is permitted by this Agreement or applicable law.
1.5 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.
2. Registration
If you choose to become a registered user, you will be required to supply your name, electronic mail address, and such other information as NYaltnews may ask in its sole discretion, and to select a username and password. NYaltnews may, in its sole discretion, refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion as determined by NYaltnews. You will be responsible for the confidentiality and use of your username and password and agree not to provide access of your account to others. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Intellectual Property Rights; DMCA Notice; Linking
3.1 The Services, original NYaltnews content (such as article summaries), and tools provided by NYaltnews on the Services are protected by applicable intellectual property and proprietary rights laws and are owned, controlled, and/or licensed by NYaltnews. All publication trademarks appearing on the Services are the property of their respective owners. Their display on the Website does not signify authorship or approval of article summaries, which are written by NYaltnews, and serve only to identify the source of the articles linked to from the NYaltnews Website.
NYaltnews original content is licensed under Creative Commons. The original content may be repurposed with proper attribution, but may not be used for commercial reasons (i.e. advertising, marketing), nor may the content be altered in any way other than editorial style differences of syndicating sites.
Some content on NYaltnews is republished from other sites through a Creative Commons license. Other content is republished by NYaltnews through an agreement between parties. NYaltnews typically summarizes articles available on third-party websites and links users to such Websites to view the full articles. Thus, rights requests on full articles should be directed to the owner of the website where the full article is displayed. If you have any question as to the licensing of any content on the site, please visit the “Digiprove” area at the end of each article. You may not republish articles that are not the property of NYaltnews from this Website. Please visit the originating site and read their interpretation of their Creative Commons license before proceeding to repurpose content.
It is our policy not to allow materials known by us to infringe on licenses to remain on NYaltnews. You should tell us immediately if you believe any materials on the Services infringe a third-party copyright.
Upon receipt of a proper notice of claimed infringement under the DMCA, NYaltnews will respond promptly to remove, or disable access to the material claimed to be infringing that is in our direct control, or will provide you with information on how to contact a third-party content provider to notify them of the copyright infringement. Please send all notices to NYaltnews, 10 Mansfield Ave., South Nyack, NY 10960..
4. Third-Party Content
While the Website has links to the websites of other companies and parties, NYaltnews has no control over those websites. NYaltnews is not responsible or nor shall it be liable for any content, advertising, products, services or other materials on or available from those websites. NYaltnews does not guarantee that it will not include or link to unintended or objectionable content. NYaltnews is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
5. Use of the Services
You may view the content and use the Services and tools available on the Website pursuant to this Agreement and only for non-commercial use. You shall not make any changes to any content that you are permitted to use under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not “frame” any of the content, tools or technology on the Services or the Services themselves without the express written permission of NYaltnews. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the Services and any of the content found on the Services not granted to you under this Agreement are expressly reserved to NYaltnews.
NYaltnews is willing to provide reasonable assistance to ensure a good user experience. However, given the technical nature of ad blocker and similar software, we are unable to provide such assistance if you use such software.
6. User Activities and Privacy of User Information on the Services
You will use the Services and any tools, content, material, or information found on the Services solely for lawful purposes. You shall not upload to, distribute to or through, or otherwise disseminate through the Services any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any privacy or other rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
You warrant that any material or information that you make available through the Services, including, for example, in descriptive text associated with content that you create, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Services. You will be solely responsible for the content of any material or information that you make available through the Services. You will also be liable for any damage resulting from your making any material or information available through the Services.
Except as set forth below, by making any material or information available through the Services, you automatically grant to NYaltnews a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, change, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Services, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.
NYaltnews has no obligation to, and does not and cannot, review every item of material or information that you and users other than you make available through the Services, and NYaltnews is not responsible for any content of this material or information. However, NYaltnews reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any privacy or other rights of any person or entity. Further, NYaltnews reserves the right to show any material or information as necessary to satisfy any law, regulation, or governmental request.
You acknowledge that you have read NYaltnews’s Privacy Policy, which is hereby incorporated by reference into and made part of this User Agreement. Your use of the Website is assent to and acceptance of the policies described therein the Privacy Policy. IF YOU DO NOT AGREE TO THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.
7. Disclaimer of Warranties & Limitation of Liability
7.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER NYALTNEWS NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICES, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICES, OR ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE SERVICES.
7.2 THE SERVICES, ALL TOOLS, CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS OR WILLFUL NEGLIGENCE, SHALL NYALTNEWS (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICES ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NYALTNEWS (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF NYALTNEWS (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)) TO YOU EXCEED THE AMOUNT PAID BY YOU TO NYALTNEWS DURING THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM OF INJURY OR DAMAGE.
8. Indemnification
To the greatest extent permitted by applicable law, you will defend, indemnify and hold harmless NYaltnews (and any of its parents, subsidiaries, affiliates, directors, officers, employees, agents, distributors, third-party providers, and licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Services or your breach of any provision of this Agreement. NYaltnews reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
9. Third-Party Content, Third-Party Providers, Advertising and Links
The Services include a number of third-party providers (each a “Third-Party”) for content, technology and other features, including the opportunity for users of the Services to buy goods or services from third parties. NYaltnews makes no warranty about content, technology, goods or services provided by Third-Party providers.
YOU AGREE THAT ANY RECOURSE FOR DISSATISFACTION OR PROBLEMS WITH THOSE GOODS OR SERVICES WILL BE SOUGHT FROM THE THIRD PARTY PROVIDER DIRECTLY, NOT FROM NYALTNEWS, AND THAT YOUR SOLE REMEDY AGAINST NYALTNEWS SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICES.
10. Site Security
You may not violate or attempt to violate the security of the Service, including by, without limitation (a) accessing data not intended for you or logging into a server or account with you are not authorized to use, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with Services to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, conducting “denial of Services attacks”, “flooding”, “spamming”, “mail bombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service. Violations of system or network security may result in civil or criminal liability. NYaltnews will investigate occurrences which may violate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
11. Contacting Us
You may contact us at cweathers@nyaltnews.com If a response is necessary, we will contact you by sending electronic mail to the address you give to us.
12. Termination
NYaltnews may terminate this Agreement and your use of the Services, or stop the Services, at any time. NYaltnews shall have the right immediately upon notice to you to terminate your use of the Services in the event of any conduct by you which NYaltnews, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
13. Law Governing Performance and Disputes
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of New York, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of New York in Rockland County and the United States District Court for the Southern District of New York in any and all actions, disputes, or controversies about this Agreement.
14. General Terms
This Agreement, together with and any policies and rules posted on the Services by NYaltnews, join the complete and exclusive and final expression of the agreement of the parties with respect to the subject hereof. No waiver by either NYaltnews or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or later breach or default. This Agreement shall be binding upon and inure to the benefit of NYaltnews and its successors, trustees, and assigns. NYaltnews may assign this Agreement, or any of its rights or obligations under this Agreement without notice to you. Any such assignment by NYaltnews does not relieve you of your obligations under this Agreement.
