Date of Last Revision: May 22, 2017
Our.News Terms of ServiceThis Terms of Service (“Agreement”, or “Statement,” or “Terms,”) is our terms of service that governs our relationship with users and anyone who interacts with Our.News, as well as Our.News brands, products and services, altogether referred to as the “Our.News Services” or “Services”. By using or accessing the Our.News Services, you agree to these Terms, as we may update from time to time in accordance with this the terms of this agreement. Supplemental terms may apply for various services we provide, and in the event of any conflict between those terms and this Agreement, such supplemental terms will govern.
1. PrivacyWe take your privacy very seriously. Our Data Policy describes how you you can use Our.News to share with others and how we collect and can use your content and information.
2. Sharing Your Content and InformationYou own all of the content and information you post on Our.News. In addition: 1. For content that is covered by intellectual property rights, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Our.News (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. 2. Deleted IP content may remain in our system backups for a reasonable amount of time, however this data will not be publicly available to anyone. 4. When you publish content or information it means that you are allowing anyone in the world to access and use that information, and to associate it with you. 5. All correspondence you send to us about Our.News, including feedback, suggestions, or otherwise, may be used by Our.News without any obligation to compensate you.
3. SafetyWe do our best to keep Our.News safe, but we cannot guarantee it. We need your help to keep Our.News safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Our.News.
- You will not collect users’ content or information, or otherwise access Our.News, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Our.News.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Our.News to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Our.News, such as a denial of service attack or interference with page rendering or other Our.News functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account SecurityOur.News users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Our.News, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use Our.News if you are under 13.
- You will not use Our.News if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, access credentials, keys, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. Protecting Other People’s RightsWe respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on Our.News that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Our.News if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on Our.News.
6. Mobile and Other DevicesAll Our.News services are free, but of course your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Our.News.
7. PaymentsIf you make a payment on Our.News, you agree to our Payments Terms as described in the checkout.
8. About Advertisements and Other Commercial Content Served or Enhanced by Our.NewsOur goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
9. Special Provisions Applicable to SoftwareIf you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
10. AmendmentsOur.News may make changes to these terms at any time, and will notify you by updating the “Last Updated” wording at the top of this page. Your continued use of the Our.News Services thereafter constitutes your acceptance of our amended terms, policies or guidelines.
11. TerminationIf you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Our.News to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Our.News exclusively in a court located in Rensselaer County, New York, and you agree to submit to the personal jurisdiction of such court for the purpose of litigating all such claims. The laws of the State of New York will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Our.News, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Our.News and are not responsible for the content or information users transmit or share on Our.News. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Our.News. We are not responsible for the conduct, whether online or offline, of any user of Our.News.
- YOU USE OUR SERVICES AT YOUR OWN RISK. WE ARE PROVIDING OUR.NEWS AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR.NEWS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT OUR.NEWS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. OUR.NEWS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR OUR.NEWS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR OUR.NEWS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR.NEWS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Provisions Applicable to Users Outside the United StatesWe strive to respect local laws and to create a global community with consistent standards for everyone. These provisions apply to anyone who interacts with Our.News outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Our.News (such as advertising or payments) or operate a Platform application or website. You will not use Our.News if you are prohibited from receiving products, services, or software originating from the United States.
- By “Our.News” or “Our.News Services” we mean the features and services we make available, including through (a) our website at https://our.news and any other Our.News branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins and rating mechanisms, and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Our.News reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this Agreement.
- By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Our.News or provide data to us.
- By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Our.News.
- By “content” we mean anything you or other users post, provide or share using Our.news Services.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Our.News or provide to Our.news through Platform.
- By “post” we mean post on Our.News or otherwise make available by using Our.News.
- By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- By “Trademarks” we mean the list of trademarks provided here.
- This Statement is an agreement between you and Our.News.
- This Statement makes up the entire agreement between the parties regarding Our.News, and supersedes any prior agreements, except any in writing signed by all parties and then only to the extent of those agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Agreement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Our.News.