<p>
<strong>NewsGuard is exclusively for personal use, for use by journalists working on stories related to a particular website or websites, or for use by our school and library partners.
Any use of NewsGuard’s data by researchers, or any commercial use, including by moderators, coders and others at technology platforms, search providers or other companies, is strictly prohibited unless expressly permitted by a licensing agreement with NewsGuard.
By using NewsGuard you accept this and all other aspects of NewsGuard’s Terms of Service.</strong>
</p>
<p>
<em> Last Updated On May 26, 2020</em>
</p>
<p>This page describes the terms and conditions that govern your use of newsguardtech.com, our browser extension, our mobile apps, and the data contained therein.</p>
<p>For information on how NewsGuard collects, uses and shares any personal information, please see our Privacy Policy. If you reside outside of the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities described in our Privacy Policy under the laws of your jurisdiction.
</p>
<p>
<strong>1.
GENERAL RULES AND DEFINITIONS</strong>
</p>
<p>1.1 If you choose to use the NewsGuard website and digital products contained therein or otherwise governed by these Terms of Service, including newsguardtech.com (the “<strong>Site</strong>”), NewsGuard’s browser extensions, mobile apps, and any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (as defined below) and other downloads (collectively, the “<strong>Services</strong>“), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and NewsGuard.</p>
<p>1.2 We may change, add
or remove portions of these Terms of Service at any time by notifying you of
the change in writing (including by email or by updating the date above after
“Last Updated On”).
Such changes shall become effective immediately upon
posting.
It is your responsibility to review these Terms of Service prior to
each use of the Site.</p>
<p>1.3 IF ANY OF THE TERMS
AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE
UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF THE SERVICES.
YOUR
CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF
SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR
MODIFICATIONS.</p>
<p>1.4 We may change,
suspend or discontinue any aspect of the Services at any time, including the
availability of any Services feature, database, or content.
We may also impose
limits on certain features and services or restrict your access to parts or all
of the Services without notice or liability.</p>
<p>
<strong>2.
CONTENT ON THE SERVICES</strong>
</p>
<p>2.1 The contents of the
Services, including the Site, are intended for your personal, non-commercial
use and are protected by copyright, and owned or controlled by NewsGuard or the
party credited as the provider of the content.
NewsGuard also owns copyright in
the selection, coordination, compilation, and enhancement of such content (“<strong>Arrangement</strong>”).
You shall abide by all additional copyright notices, information, or
restrictions contained in any content accessed through the Service.</p>
<p>2.2 The Services and content are protected by copyrights, trademarks, trade secrets, database rights, and other intellectual or proprietary rights therein pursuant to U.S.
and international laws.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, communicate to the public or in any way exploit, any of the content (or its arrangement) or the Services (including Software) in whole or in part.</p>
<p>
<strong>3.
PERSONAL SUBSCRIPTION SERVICES</strong>
</p>
<p>3.1 We offer subscriptions to our browser extension and mobile apps.
We will try to process your subscription promptly.
By submitting your payment details, you are making an offer to us to buy a subscription and your offer will be accepted by us only once we have successfully verified your payment details.
If we do not receive payment authorization or if any authorization is subsequently canceled, we may immediately terminate or suspend your access to our browser extension and mobile apps.</p>
<p>3.2 We will clearly state the subscription price during your sign-up process.
The currency in which your subscription is payable will be specified during the order process, depending on your country of residence.
We will notify you in advance of any increase in the price of your subscription and offer you the opportunity to cancel if you do not wish to pay the new price.</p>
<p>3.3 The price for the browser extension and mobile apps subscription is exclusive of sales taxes in the U.S.
and VAT, where applicable.
Any such taxes will be added to the price.</p>
<p>3.4 How to Cancel: You may notify us if you wish to cancel your subscription by contacting support@newsguardtech.com.</p>
<p>
<strong>4.
USER GENERATED CONTENT: SUBMISSIONS </strong>
</p>
<p>4.1 If you post or submit any User Feedback content on the Site, you represent to us that you have all the necessary legal rights to post or submit such content and it will not violate any law or the rights of any person.
You shall not upload to or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services.
You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any content.</p>
<p>4.2 You acknowledge that any submissions you make to the Services (i.e., user-generated feedback) may be edited, removed, modified, published, transmitted, and displayed by NewsGuard and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
Submissions made to the Services may also be included in our RSS feeds and APIs and made available for republishing through other formats.</p>
<p>4.3 You grant NewsGuard a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the feedback you submit to NewsGuard.<br>
</p>
<p>
<strong>5.
PROHIBITED USE OF THE SERVICES</strong>
</p>
<p>5.1 <strong>Commercial Use.</strong> Installation of the browser extension and mobile app versions of NewsGuard are for personal use only, or by libraries and schools for non-commercial uses, or by journalists working on stories related to a particular website or websites, and not for any other commercial use of any kind including by moderators or editors working for social media platforms, search engines, or news aggregators, or for use in algorithms used by social media platforms, search engines, news aggregators, or any other commercial entity.
Copying or storing of any content for other than such personal use is expressly prohibited without prior written permission from NewsGuard.
For information on licensing NewsGuard for commercial use, email service@newsguardtech.com.</p>
<p>5.2 <strong>Use by Researchers.</strong> Any use of the data by researchers, including commercial, nonprofit and academic researchers, is prohibited without an appropriate license.
We are eager to accommodate researchers working for both commercial and non-profit institutions by making our data available under agreed-upon restrictions, including strict limits on the scope of data that can be republished, at license fees intended to facilitate their work and commensurate with their resources.
For more information about licensing NewsGuard’s data for research purposes, contact us.</p>
<p>5.3 <strong>General Prohibitions.</strong> You may not access or use, or attempt to access or use, the Site and data contained therein to take any action that could harm us or a third party.
You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights.
You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the data, or make any unauthorized use thereof.
Without the prior written consent of NewsGuard, you shall not:</p>
<p>(i) access any part of
the Services, content, data or information you do not have permission or
authorization to access.
</p>
<p>(ii) use robots,
spiders, scripts, service, software or any manual or automatic device, tool, or
process designed to data mine or scrape the content, data or information from
the Services, or otherwise access or collect the content, data or information
from the Services using automated means;</p>
<p>(iii) use services,
software or any manual or automatic device, tool, or process designed to
circumvent any restriction, condition, or technological measure that controls
access to the Services in any way, including overriding any security feature or
bypassing or circumventing any access controls or use limits of the Services;</p>
<p>(iv) cache or archive
the Content (except for a public search engine’s use of spiders for creating
search indices);</p>
<p>(v) do anything that could
disable, damage or change the functioning or appearance of the Services.</p>
<p>Engaging in a prohibited
use of the Services may result in civil, criminal, and/or administrative
penalties, fines, or sanctions against the user and those assisting the user.</p>
<p>
<strong>6.
REPRESENTATIONS AND WARRANTIES.
INDEMNIFICATION.
LIMITATION OF </strong>
</p>
<p>6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, NEWSGUARD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES.
</p>
<p>6.2 IN NO EVENT WILL NEWSGUARD, ITS AFFILIATES AND THEIR <strong>RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES</strong> BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE “<strong>EXCLUDED DAMAGES</strong>“).
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.</p>
<p>
<strong>7.
THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.</strong>
</p>
<p>The Services and
specifically the Browser Extension versions of NewsGuard contain links to
third-party websites.
NewsGuard does not control, endorse, sponsor, recommend
or otherwise accept responsibility for any of this linked content.
Because we
are not responsible for the availability of these outside resources, or their contents
or privacy practices, you should direct any concerns regarding any linked content
to such site.</p>
<p>
<strong>8.
SOFTWARE LICENSES</strong>
</p>
<p>You shall have no rights
to the proprietary software and related documentation, or any enhancements or
modifications thereto, provided to you in order to access the Services (“<strong>Software</strong>“).
You may not sublicense, assign or transfer any licenses granted by NewsGuard,
and any attempt at such sublicense, assignment or transfer shall be null and
void.</p>
<p>
<strong>9.
GOVERNING LAW.
JURISDICTION</strong>
</p>
<p>9.1 These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement wholly performed therein without regard to their conflict of law provisions.</p>
<p>9.2 Any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred.
Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
You also hereby expressly waive any right to resort to any form of class action.</p>
<p>
<strong>10.
MISCELLANEOUS</strong>
</p>
<p>10.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New York law.
Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New York City.</p>
<p>10.2 Nothing in these Terms of Service will serve to preempt the promises made in our Privacy Policy.</p>
<p>10.3 Correspondence should be sent to: service@newsguardtech.com</p>
<p>10.4 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.</p>