TERMS OF USE
Legal - Terms of Use
Before you use this Social Media site and or add any news, you must read and agree to these Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement").
You should visit this page periodically to review the terms. My News Splash may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications and or revisions. If you do not accept and abide by this Agreement, you may not use the My News Splash website or any other service provided by My News Splash
Before you use this Social Media site and or add any news, you must read and agree to these Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement").
You should visit this page periodically to review the terms. My News Splash may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications and or revisions. If you do not accept and abide by this Agreement, you may not use the My News Splash website or any other service provided by My News Splash
- Description of Service. My News Splash (the "Service") is an online, social media, community based information sharing resource . You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. My News Splash disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. My News Splash also reserves the right to modify, suspend or discontinue the Data and or the Service with or without notice at any time and without any liability to you.
- Personal Use.The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur under your account. My News Splash reserves the right to refuse or terminate service to anyone at any time without notice for any reason.
- Proper Use.You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement and any other polices or guidelines set forth from time to time by My News Splash. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by My News Splash; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. My News Splash reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Privacy.As a condition to using the Service, you agree to the terms of the My News Splash Privacy Policy as it may be updated from time to time. My News Splash understands that privacy is important to you. You do, however, agree that My News Splash may contact you and inform you of associated business. You hereby agree that My News Splash may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the My News Splash Privacy Policy.
- Content of the Service. My News Splash takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does My News Splash have any obligation to monitor such third party content. My News Splash reserves the right at all times to move, edit, remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. My News Splash also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of My News Splash, its users and the public. My News Splash will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
- Advertisements. As a condition to using the Service, you agree and understand that My News Splash may display advertising, however so described, and other information adjacent to and related to its content. This includes, but is not limited to, sponsored ads, affiliates, Google AdSense Ads, as well as ads from other advertising providers, hereafter referred to as “Sponsors”.
- Intellectual Property Rights. My News Splash Intellectual Property Rights. You acknowledge that My News Splash owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "My News Splash.com Rights"), and such My News Splash are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The My News Splash Rights include rights to (i) the Service developed and provided by My News Splash; and (ii) all software and programming code associated with the Service. Your Intellectual Property Rights. My News Splash does not claim ownership of the content that you upload, but you agree that My News Splash may change, move, edit, reassign or delete however so described, any content that you upload.
Although My News Splash does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to My News Splash an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, the said Content, and to grant and authorize sub licenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant My News Splash all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. - Representations and Warranties. You represent and warrant that (a) all of the information provided by you to My News Splash to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
- Indemnification. You agree to hold harmless and indemnify My News Splash, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expenses arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, My News Splash will provide you with written notice of such claim, suit or action.
- Termination; Cancellation.You may cancel your use of the Services with or without cause at any time by emailing My News Splash@gmail.com My News Splash may at any time and for any reason terminate the Services, terminate this Agreement, block you from accessing the site, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained on My News Splash, the terms of this Agreement shall survive expiration or termination.
- Copyright.All files hosted on My News Splash are under the copyright of the original author and My News Splash and or its associated companies. You must contact the original author if you wish to use a file in a way that is prohibited by the file license. All other content on this website, including but not limited to articles, description submissions and comment postings are property of My News Splash. No portion of the content material on this web site may be copied, reproduced, or reused without the express written permission of the company. Where the original author is not explicitly indicated, the copyright belongs to My News Splash.
- Notification of Copyright Infringement.Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. 2. Identification of the copyrighted work claimed to have been infringed. 3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity. 4. The address, telephone number or e-mail address of the complaining party. 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. 6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
- Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any legal proceedings however so described arising in connection with the Service will be brought solely at our discretion.
- Conduct. You hereby agree not to, post, email or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way that harasses, degrades, intimidates or is hateful toward an individual or group, including My News Splash employees, or associated businesses, sponsors, advertisers, however so described.
- Breach of Terms – Malicious Damages Penalties. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for My News Splash to pursue legal action to enforce these Terms, you will be liable to pay My News Splash the following amounts as liquidated damages, which you accept as reasonable estimates of My News Splash damages for the specified breaches of these Terms:
- If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay My News Splash five hundred dollars (USD $500.00) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
- If My News Splash establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay My News Splash five hundred dollars (USD $500.00) for each message posted in excess of such limits or for each day on which you access My News Splash in excess of such limits, whichever is higher.
- If you send unsolicited email advertisements to My News Splash email addresses or through My News Splash computer systems, you agree to pay My News Splash twenty five dollars (USD$25) for each such email.
- If you post Content in violation of the TOU, other than as described above, you agree to pay My News Splash one thousand dollars (USD $1,000) for each Item of Content posted. In its sole discretion, My News Splash may elect to issue a warning before assessing damages.
- If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay one hundred dollars (USD $1,000) for each and every Item you post in violation of the TOU.
- If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without My News Splash express written permission, you agree to pay three thousand dollars (USD $3,000) for each day on which you engage in such conduct.
- Otherwise, you agree to pay actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, My News Splash retains the right to seek the remedy of specific performance of any term contained in these Terms.