TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ONENEWS CORPORATION (“OneNews”). By accessing, browsing and/or otherwise using this web site (“Site”), you represent and warrant that you are over the age of eighteen; and have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, do not access, browse and/or use this Site. This Site and the elements that constitute this Site are protected by United States and international laws, including, but not limited to, copyright, trademark, trade dress, moral rights, and other laws relating to the protection of intellectual property.
If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify OneNews for violations of these Site Terms
- These terms and conditions apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with OneNews, unless otherwise directed by OneNews. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site. A breach of this Agreement may subject you to civil and criminal liability, including monetary damages.
OPERATOR
The Site is operated by OneNews Corporation, a corporation incorporated under the laws of Florida. OneNews makes no representation that the Site, or content available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or Content are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
REVISIONS TO THIS AGREEMENT
OneNews reserves the right to change this Agreement from time to time and any modification to this Agreement will be effective upon posting to the Site. Your continued use of the Site after the posting of a modification to this Agreement constitutes your acceptance of the modification. Your use of the Site will be subject at all times to the most current version of this Agreement.
- USE RESTRICTIONS
Intellectual Property Rights. All images, audio, video and related informational materials in any medium and the selection and arrangement thereof, including related text, captions, or information (collectively referred to as “Content”), is owned by OneNews or our licensors and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement, no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of OneNews and its licensors. You may not download, copy, modify, translate, publish, perform, broadcast, transmit, download, distribute, display, prepare derivative works of, sell or otherwise exploit any Content appearing on or through the Site for any purpose without our prior written consent and that of our licensors or suppliers. You may not “mirror” any material contained on this Site on any other server without prior written permission from OneNews. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes and could subject you to civil and criminal penalties.
- FOR THE PROTECTION OF ONENEWS AND ITS LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN SUCH CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM ONENEWS AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”. If you do not consent to OneNews’ use of RMS, do not use the Site or any Content. You shall not knowingly disable any such technology or tool or remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site.
Trademarks
- Ownership of User Submitted Content. You may submit or upload any submissions, including image content, audio content and textual content, which you believe will be of interest to the public ("User Submissions"). You may not upload offensive User Submissions or any User Submissions that breach any law where the User Submissions may be viewed. You are responsible for the User Submissions you upload to OneNews. OneNews is not responsible for the User Submissions and OneNews is not obligated to monitor, pre-screen or pre-approve the User Submissions. However, OneNews reserves the right to remove any User Submission, in whole or in part, for any or no reason, including, but not limited to, any User Submission that violates these Terms of Service or is otherwise objectionable, in OneNews' sole discretion. By uploading any User Submissions to OneNews, you represent and warrant that you own and control all rights in the User Submissions, including all copyrights, trade secrets, trademarks, patents or other proprietary rights, including privacy and publicity rights in the User Submissions, or you have obtained written permission from the rightful owner of the User Submissions, including copyrights, trade secrets, trademarks, patents or other proprietary rights, including privacy and publicity rights in the User Submissions, to post the material and to grant OneNews the license rights granted herein (see Section 7). You further represent and warrant that you have obtained written permission from all parties that are the subject of the User Submissions to post such User Submissions. If a subject is under 18 years of age and is not an emancipated minor, you further represent and warrant that you have obtained written permission from the appropriate legal parent or guardian. Any breach of the warranties and representations in this Section 4 will be cause for OneNews to immediately terminate access to your account and OneNews will remove and delete any User Submissions which violate these Terms of Service. Also see Section 25 for third party rights to enforce these representations and warranties.
- Publicity Rights. You authorize OneNews to include all or portions of the User Submissions including your name and likeness, in advertising and promotional projects, including online materials, printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards, entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations, online or electronic publications, including web pages, prints, posters and other reproductions for promotional purposes.
- Authenticity of the User Submissions. For the User Submissions you submit or upload to this Site, you represent and warrant that (a) the User Submission is authentic; accurate; unaltered; does not infringe intellectual property rights of others; is not misleading; was not obtained by any hidden, surreptitious or illegal means or any other method that violates another person's privacy or publicity rights; is accurate genuine and does not depict an event staged for the purpose of making the User Submission; (b) use and posting of the User Submission does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity; and (c) does not violate any law, including by the manner in which it was obtained or created; and (d) was not produced by you in the course of your employment by another person or entity. Also see Section 25 for third party rights to enforce these representations and warranties.
- License to the User Submitted Content. BY CONTRIBUTING A USER SUBMISSION, YOU GRANT ONENEWS ALL OF THE LICENSE RIGHTS IN THIS SECTION 7.
- Limited Exclusive License. By submitting User Submissions and/or audio or textual descriptions of the User Submissions to OneNews you hereby grant OneNews, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, a worldwide, exclusive, sublicenseable and transferable license for the term of FIVE (5) YEARS (the "Exclusive License Term"), to edit, use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions and/or audio or textual descriptions of the User Submissions in connection with the OneNews Site and OneNews' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any media formats, whether now known or hereafter devised, and through any media channels. User Submissions will be subject to license to third parties pursuant to a OneNews License Agreement. At the end of the Exclusive License Term, if the rights to your User Submission have not been purchased, the Exclusive License Term shall automatically end.
- Nonexclusive License. At the end of the Exclusive License Term, if your User Submission has not been sublicensed or transferred by OneNews or otherwise purchased through the OneNews Site, the exclusive license granted in Section 7A shall be terminated, and you hereby (and without further action by you) to grant to OneNews a non-exclusive, perpetual, worldwide license to use, reproduce, license, print, sublicense, distribute, prepare derivative works of, display, and perform the User Submissions and/or audio or textual descriptions of the User Submissions, in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in the User Submission, without payment to you or any third party.
- Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Submission, you hereby declare that (a) you do not require that any personally identifying information be used in conjunction with the User Submission, or any derivative works of or upgrades thereto; (b) you have no objection to the publication, use, modification, deletion, and exploitation of the User Submission by OneNews or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Submissions; and (d) you forever release OneNews, and its licensees, successors and assigns, from any claims that you could otherwise assert against OneNews by virtue of any such moral rights.
OneNews provides no assurance that it will receive or process User Submissions uploaded by you to the Site and is absolved of any liability related thereto. OneNews reserves the right not to use or distribute your User Submissions.
- Non-Exclusive License to Access User Submitted Content. You hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site for that user's personal use.
- Liability for User Submitted Content. You shall be solely responsible for the User Submissions and any consequences of posting or publishing the User Submissions. It is your responsibility to evaluate or seek legal advice to evaluate all User Submissions for non-infringement of third party intellectual property rights. In connection with User Submissions, you affirm, represent, and/or warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and (2) authorize OneNews to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service. You further agree that you will not submit material to OneNews that is subject to copyright protection by a third party, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant OneNews all of the license rights granted herein. You understand that whether or not such User Submissions are published, OneNews does not guarantee any confidentiality with respect to any User Submissions. OneNews shall have the right, but not the obligation, to monitor User Submissions posted or uploaded to the Site to determine compliance with these Terms of Service and any operating rules established by OneNews and to satisfy any law, regulation or authorized government request. Although OneNews has no obligation to monitor, screen, edit or remove any of the User Submissions posted or uploaded to the Site, OneNews reserves the right, and has absolute discretion to screen, edit, refuse to post or remove without notice any User Submissions posted or uploaded to the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Submissions posted to the Site at your sole cost and expense.
- Disclaimer of User Submitted Content. OneNews does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and OneNews expressly disclaims any and all liability in connection with User Submissions. OneNews does not permit infringement of intellectual property rights on its Site. OneNews will remove all OneNews Content and User Submissions if properly notified that such OneNews Content or User Submission infringes on another's intellectual property rights. OneNews reserves the right to remove OneNews Content and User Submissions for any reason without prior notice, including inferior quality (i.e., blurry images, distorted audio, etc.), offensive, indecent, or objectionable content, among other reasons.
- Waiver of All Rights Arising From Exposure to The User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources, and that OneNews is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OneNews with respect thereto, and agree to indemnify and hold OneNews, its Owners/Operators, affiliates, licensees, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of this Site.
- Third Party Content Accessed Through Site. OneNews is a distributor (and not a publisher) of content supplied by third parties and users. This Site may contain links to third party websites that are not owned or controlled by OneNews. OneNews has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OneNews will not and cannot censor or edit the content of any third-party website. By using this Site, you expressly relieve OneNews from any and all liability arising from your use of any third-party website.
- Registration. In consideration of your use of this Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on this Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to OneNews, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify OneNews immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to OneNews.
- Relationship of Parties. When User Submissions are uploaded to the Site for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, a licensor/licensee relationship is establish between the parties. OneNews will provide access to the User Submissions on the Site. OneNews will have no obligation to actively promote the User Submissions. If a user of the Site ("Buyer") purchases a non-exclusive license and downloads your User Submissions through the Site, you will receive a share of the purchase price and you will become an independent contractor and be responsible for paying your own taxes, among complying with other obligations. You acknowledge and agree that by uploading a User Submission, you are not entering into an employment relationship with OneNews or Buyer and that no relationship is created other than licensor/licensee. For avoidance of doubt, you will not be an agent of OneNews and OneNews is not acting as your agent in any respect.
- Escrow of Purchase Money. Upon receipt of the purchase price payment from a Buyer, OneNews will escrow your share of the purchase price for a period of 30 days. If no claims are made against your User Submission, OneNews will release your share of the purchase price to you.
- Offer of Assignments to Gather User Submissions. You may register with OneNews to receive real-time notifications of breaking news events or other events ("Events"). Upon registrations and unless you opt-out, OneNews is authorized to track you with ground positioning satellite (GPS) technology in order to identify and notify you if you are proximate to the location of selected Events. To the extent that you are subjected to dangers and/or hazards at or en route to the selected Events, you assume full responsibility for any exposure to dangers and/or hazards and hold OneNews, its licensees, licensors and each of its and their affiliates, officers and directors, employees and shareholders harmless from any and all liability for injuries or death that result therefrom. You agree to keep a safe distance from any such Events and agree that you are subject to direction given by any governing agency and your actions can in no way adversely interfere with any activities such as lifesaving, search and rescue, emergency management or other activities. OneNews may compensate you for User Submission related to the Events upon review and approval by OneNews. You may receive additional compensation for the User Submission related to the Events upon purchase by a Buyer.
- Use of the Site. This Site, the OneNews Content and the User Submissions are intended for users of the Site, including users that upload User Submissions, Buyers, and Site browsers (collectively referred to as "Customers"). You may not use this Site, the OneNews Content, or the User Submissions for any purpose not related to your business with OneNews. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site, the OneNews Content and the User Submissions without, or in violation of, a written license or agreement with OneNews; (b) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any OneNews product or service if you are not expressly authorized by such party to do so; and (c) using the Site, the OneNews Content and the User Submissions other than for its intended purpose. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. You shall not to use any device or application to disrupt operation of the Site or any other properties owned by OneNews. You shall not attempt to or perform acts to overload the Site infrastructure or any other properties owned by OneNews. You shall not use the Site or any other properties owned by OneNews to distribute viruses or other malicious code or to attempt any unauthorized access to any part or component of the Site. You shall not cause all or part of the Site or any other properties owned by OneNews to be interrupted, damaged, rendered less efficient or to impair the effectiveness or functionality of the Site in any way. You shall not interfere with the Site or any other properties owned by OneNews.
- Copyright Infringement Policy. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, OneNews has adopted a policy of terminating, in appropriate circumstances and at OneNews' sole discretion, account holders who infringe the intellectual property rights of OneNews or any third party.
- Copyright Complaints. OneNews respects the rights of all copyright holders. In this regard, OneNews has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide OneNews' Copyright Agent (contact information below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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;
- Information reasonably sufficient to permit OneNews to contact the complaining party;
- 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
OneNews Copyright Agent
Cynthia Martin-Acosta
1415 Euclid Ave.
Miami Beach, FL 33139
Phone: (305) 673-2526
Fax: (786) 515-9823
E-mail: cindy@onenews.com
OneNews may give notice of a copyright infringement claim through a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
- Indemnification. You agree to defend, indemnify and hold harmless OneNews, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Submissions that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Terms of Service or of any representation or warranty contained herein, your unauthorized use of the OneNews Content, or your violation of any rights of another.
- Warranty Disclaimer. WHILE ONENEWS EXERCISES ALL REASONABLE CARE IN THE CREATION, SELECTION AND ASSEMBLY OF THE SITE, THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ONENEWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WITHOUT LIMITING THE FOREGOING, ONENEWS, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU OR YOUR COMPANY AND ONENEWS, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, MISTAKES, INACCURACIES OF CONTENT, OR OMISSIONS IN THE OPERATION OF THIS SITE, ANY ACCESS POINTS, OR ANY PART OF THESE; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE OR ACCESS THROUGH ANY ONENEWS ACCESS POINT; (E) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (J) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SITE. ONENEWS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ONENEWS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Any material obtained by you through use of the Site is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system, including mobile devices, or any loss of data that results from obtaining the material. It is your responsibility to evaluate (or take professional advice) on the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked. Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly some of the above disclaimers may not apply to you. We do not seek to exclude or limit liability for fraudulent misrepresentation. Your statutory rights as a consumer, if any, are not affected hereby.
- Limitations of Liability. IN NO EVENT SHALL ONENEWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) LOSS OF INCOME OR PROFIT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, (VI) CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO AND USE OF THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONENEWS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Applicable Law and Venue. This Agreement will be governed in all respects by the laws of the State of New York, U.S.A., without reference to its laws relating to conflicts of laws. Any disputes arising from this Agreement or its enforceability shall be finally settled by binding arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the Commercial Rules of the American Arbitration Association or of the International Chamber of Commerce (the applicable rules to be at OneNews' discretion) to be held in either New York, New York or London, England (whichever is closest to licensee). The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, OneNews shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against licensee or user in the event that, in the opinion of One News, such action is necessary or desirable.
- Waiver. OneNews' failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by OneNews of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
- Third-Party Beneficiary. Notwithstanding anything in these Terms to the contrary, you agree that any Buyer of a User Submission under these Terms is a third-party beneficiary of all of the rights and conditions of these Terms and is entitled to the rights and protections afforded to OneNews under these Terms as if it were OneNews. Without limiting the foregoing, and without limiting the rights of OneNews or Buyers under any other jurisdiction, if you are in the United Kingdom, the Contracts (Rights of Third Parties Act) 1999 specifically applies to these Terms.
- Editorial Control. OneNews is a distributor and not a publisher and exercises no editorial control over assignments for Events, User Submissions, or any other content. Buyers may have their own editorial principles and may require you to agree to certain covenants as part of any license agreement for the User Submission.
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