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Terms of Service

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newsbloq.com (“newsbloQ”) provides the website newsbloq.com to you (“You” or “Your”), subject to these terms of use(“Terms”), and subject to newsbloQ’s other policies, including our Privacy Policy, incorporated herein by reference.

By accessing or using newsbloq.com in any manner you: (1) Accept these terms; and (2) you represent and warrant that you accept these Terms by accessing or using newsbloq.com in any manner, even if You do not create an Account with newsbloq.com. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using newsbloq.com on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

newsbloQ may change these Terms at any time. The most current version of these Terms can be accessed at http://www.newsbloq.com/terms-of-service.php. By continuing to access or use newsbloq.com, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE newsbloq.com

1. Accounts and Logins

a) You represent and warrant that all information You provide in connection with the creation of an account with newsbloq.com (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.

b) In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.

c) If You believe that a third-party has gained access to Your Account, You agree to notify newsbloQ by sending an email to legal@newsbloq.com. newsbloQ reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated newsbloQ has no obligation to retain any data associated with Your Account.

d) Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.

e) To cancel Your Account at any time for any reason, You may do so through the Account Deactivation page at http://www.newsbloq.com/deactivate-account-access.php.

2. License to Use newsbloq.com

a) newsbloQ grants You a personal, non-exclusive, non-transferable, limited and revocable license to use newsbloq.com subject to the Terms. You may use newsbloq.com and information acquired from newsbloq.com for Your own personal, non-commercial, lawful purposes. You may not use newsbloq.com in a manner that exceeds the rights granted for Your use.

b) Other than connecting to newsbloq.com by http request using a web browser, You may not attempt to access newsbloQ’s servers or newsbloq.com by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the newsbloQ’s servers or newsbloq.com. You may not use newsbloq.com to compile data or images for use by any commercial entity.

c) You agree not to disrupt, modify or interfere with newsbloq.com, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of newsbloq.com. You further agree not to alter or tamper with any information or materials on or associated with newsbloq.com.

d) You may not use newsbloq.com or any information acquired from newsbloq.com:

i) to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You access newsbloq.com;

ii) for any commercial purpose including use in connection with marketing or sales activities;

iii) to send any type of spam, junk mail, or unsolicited communications;

iv) to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b);

v) in any manner that may violate any local, state, federal, or international privacy law to which You may be subject on the basis of Your location or the location of the person searched.

3. Assignments

a) newsbloQ may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

4. Information Available Through newsbloq.com

a) newsbloQ aggregates publicly available information from news search sources.

b) newsbloQ does not verify this News Search Information.  newsbloQ does not evaluate each piece of information provided and makes no guarantees to newsbloQ users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated.  As a user of newsbloq.com, You agree that there are no warranties or guarantees whatsoever regarding the information provided.  Further, You agree to rely on the information available through newsbloq.com at Your own risk.

b) newsbloQ does not verify this News Search Information. newsbloQ does not evaluate each piece of information provided and makes no guarantees to newsbloQ users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of newsbloq.com, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through newsbloq.com at Your own risk.

5. Privacy Policy

a) newsbloQ maintains a Privacy Policy describing its anonymous information collection, retention, and use of information about users of newsbloq.com. This policy can be accessed at http://www.newsbloq.com/privacy.php, and is incorporated herein by reference.

6. Links to Other Websites

a) You may find links to other Internet sites or resources on newsbloq.com that offer content, goods, or services. You acknowledge and agree that newsbloQ has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

7. newsbloQ’s Intellectual Property

a) newsbloQ is the exclusive owner of trademark rights in the newsbloQ mark, copyright in the software used through newsbloq.com, copyright in the newsbloq.com screen displays, and all other rights in the newsbloq.com website and technology under U.S. and international intellectual property laws.

b) Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

c) Except as expressly authorized by newsbloQ, You agree not to use newsbloQ’s trademark or any mark confusingly similar to the newsbloQ mark. You agree not to reproduce, distribute, display or create derivative works of any part of newsbloq.com or any information presented to You through newsbloq.com, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on newsbloq.com, framing content from newsbloq.com, or creating any unauthorized derivative work.

d) newsbloQ uses third-party trademarks on newsbloq.com to identify the owners of those marks. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and newsbloq.com.

8. Submission of Confidential Information and Ideas

a) From time to time users submit ideas to newsbloQ for improving newsbloq.com either by email or in the course of a customer service interaction. newsbloQ has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to newsbloQ.

9. Intellectual Property Claims

a) If You believe that Your copyright has been infringed in any way by newsbloq.com, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:

i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

iii) 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;

iv) Information reasonably sufficient to permit newsbloQ to contact You, such as an address, telephone number and e-mail address;

v) A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

vi) A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b) If You believe that Your other intellectual property rights have been infringed in any way by newsbloq.com, please provide a detailed description of the alleged infringement for further investigation via e-mail to legal@newsbloq.com. newsbloQ’s receiving, investigating, or responding to Your e-mail shall not constitute newsbloQ’s agreement or verification of Your claim(s) nor any admission of liability therefor. newsbloQ makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.

10. Notification

a) Any notices to be given to newsbloQ under these Terms shall be made in writing to legal@newsbloq.com or to the following address:

newsbloQ, Inc. | 9 May Street | Beverly, MA  01915

b) You agree that newsbloQ can send You electronic notices to the e-mail address that You provided to newsbloQ in creating Your Account or by displaying the notice on newsbloq.com. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

11. Warranty

a) YOU USE newsbloq.com AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM newsbloq.com, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF newsbloQ HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, newsbloQ PROVIDES newsbloq.com, THE SERVICES, THE INFORMATION AND THE CONTENT "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, AND newsbloQ SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

b) NO INFORMATION OR ADVICE PROVIDED ON newsbloq.com, BY newsbloQ, OR BY newsbloQ’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.

c) newsbloQ MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:

i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF newsbloq.com, THE SERVICES, THE INFORMATION, OR THE CONTENT;

ii) THAT newsbloq.com WILL OPERATE UNINTERRUPTED OR ERROR-FREE;

iii) THAT newsbloq.com, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;

iv) AS TO THE QUALITY OR VALUE OF ANY OF newsbloQ’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR

v) THAT ANY ERRORS ON newsbloq.com WILL BE CORRECTED.

12. Limitation of Liability

a) To the extent permitted by law, newsbloQ shall have no liability, relating to Your use of (or connection to) newsbloq.com, for:

i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or

ii) for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

b) newsbloQ reserves the right, at any time, in newsbloQ’s sole and exclusive discretion, to amend, modify, suspend, or terminate newsbloq.com, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. newsbloQ shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

13. Indemnification

a) You agree to defend, indemnify, and hold newsbloQ, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of newsbloq.com.

b) newsbloQ reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify newsbloQ. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from newsbloQ.

14. Choice of Law

a) The law of the State of Massachusetts governs this contract and any claim or dispute that You may have against us, without regard to its conflict of laws rules.

b) The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

15. Binding Arbitration and Class Waiver

a) Any controversy or claim arising out of or related to Your use of newsbloq.com or these Terms or the violation thereof (“Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This agreement to arbitrate applies to all Claims now in existence or that may arise in the future. This agreement to arbitrate is made pursuant to Your use of newsbloq.com which constitutes a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

b) If You commence arbitration, You must provide newsbloQ the notice required by the American Arbitration Association rules and procedures. The notice may be sent to us at 9 May Street, Beverly, MA 01915. If newsbloQ commences arbitration, we will provide You notice at your last known address. Any arbitration hearing at which You appear will take place at a location within newsbloQ’s federal judicial district at the time the Claim is filed.

c) newsbloQ will pay, or reimburse You for, all fees or costs to the extent required by the rules of the American Arbitration Association. Whether or not required by such rules, if You prevail at arbitration on any Claim against us, newsbloQ will reimburse You for any fees paid to the American Arbitration Association in connection with the arbitration proceedings. If You are required to advance any fees or costs to the American Arbitration Association, but You ask newsbloQ to do so in your stead, newsbloQ will consider and respond to Your request.

d) Claims made and remedies sought as part of a class action, private attorney general or other representative action (hereafter all included in the term “class action”) are subject to arbitration on an individual basis, not on a class or representative basis. No class actions joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both You and us.

e) In the event that there is a dispute about whether limiting arbitration of the parties’ dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court located in Essex County, Massachusetts, USA, rather than in arbitration.

ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR newsbloQ WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.

16. Photos

We have taken pains to make sure that the photos we use in each newsbloQ are attributed correctly and used in a manner consistent with their license. All of the newsbloQ thumbnail images are licensed under a Creative Commons Attibution-ShareAlike 3.0 Unported License unless otherwise specified. We’ve done a fair amount of work trying to make sure that all the images we modified into thumbnails that use Creative Commons were sourced correctly and that the public domain images actually were public domain, but we’re not perfect, and neither is the Internet. If you find that one of the thumbnail photos is incorrectly attributed, or was not released under a license that allows us to use it, please let us know and we will correct the issue as soon as possible. Many of us who are a part of newsbloQ are creators of various sorts in addition to the work we do here, and we don’t want to use your work in a manner you haven’t allowed us to.

17. Entire Agreement

a) These Terms and any newsbloQ policies posted on newsbloq.com constitute the entire contract between You and newsbloQ and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Last Updated: April 24, 2012