Newsflare Terms of Service
These terms of Service are divided into two sections; the first deals with general terms relating to the website, and the second with how you can use the website, and submit your material for publication on the website.
By using the Website, you are agreeing to the entire Terms of Service document.
- This website is owned by Newsflare.
- To submit you must create a profile. You can also benefit from our Rewards Programme with your account.
- But if your content doesn't comply with our terms it might be removed.
- We will do our best to keep Newsflare clean, but we ask you to help us: no malware, no viruses, no objectionable content, no illegal stuff. Try to upload only general interest content.
- We cannot say the same for people linking to external sites from our website. If you decide to explore unknown waters, you are on your own!
- And the other way around, if you link to us, you are responsible for those links.
- We give no warranties on either third parties or content.
- Use common sense when using Newsflare; you are liable for your use of Newsflare and the consequences!
- Don't break the law when exchanging data with us. All data (except for personal data and some other exceptions) will be treated as non-confidential and non-proprietary.
- We don't like ACTA either but please, don't download our content without paying for it or asking us first. It's rude.
- If you want to use something in this website for non-commercial use, please contact us. We are easy going but we appreciate a heads up.
- If you think your content has been used or copied unlawfully, let us know immediately. It's in everyone's interest.
- The copyright for your uploaded content remains with you but it must have been obtained legally and be free of any other licenses.
- We don't endorse any material or opinion submitted to our website. You are responsible for whatever you say or share.
- Newsflare can market your material up to 30 days after you remove it from our website. However, we hope you understand that we might have to grant access to that material after that period has expired even if the originals were removed.
- You choose: exclusivity for Newsflare or not. Exclusivity might give you bigger rewards but if you do so, you can't upload it anywhere else.
- Don't kill the messenger. You might find things you don't like uploaded on Newsflare but we are only the messenger. Please don't attack the website.
- Change is good. We might want to change some or all of Newsflare at some point in the future. You have to accept that changes happen and live with them.
- If you break (these terms) you pay.
- Enjoy using Newsflare!
Terms of Service [Part 1] - General Terms
This Newsflare website ("Website") is owned and operated by Newsflare Ltd whose contact details can be found here. The terms "Newsflare", "we", "us", "our" and "ours" when used in these Website Terms of Service mean Newsflare Ltd, which includes all entities under common ownership or control of Newsflare. The terms "you", "your" and "yours" when used in these Website Terms of Service mean any user of this Website.
Other definitions are set out in the relevant paragraphs below.
In the event of any conflict between Parts 1 and II of these Terms of Service, the provisions in this Part 1 shall take precedence.
You also agree:
- not to use the Website to distribute computer viruses or other malicious code, or to attempt any unauthorized access to any part or component of the Website;
- not to cause the whole or any part of the Website to be interrupted, damaged, rendered less efficient or to impair the effectiveness or functionality of the Website in any way; and
- not to access, without authority, or interfere with, any part of this Website or any software used in the provision of this Website.
Unless otherwise indicated, the contents of this Website (including, without limitation, all names, logos, trademarks, the Website design and its ‚Äòlook and feel', videos, photographs and images, graphics, text, documents, content, selection and arrangement of elements, databases, organization, compilations, [magnetic translation], digital conversion, computer codes contained in the Website) ("Elements") are owned by Newsflare or its licensors and are protected by copyright, trademarks, database right and other intellectual property rights.
You must not use any such Elements in any way other than is incidental to your use of this Website in accordance with these Terms of Service. The posting of any such Elements on this Website does not constitute a waiver of any right in such Elements and your access to, and use of, this Website does not transfer any rights in such Elements to you, other than as expressly stated in these Terms of Service. Except as otherwise provided herein, none of these Elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
The Newsflare logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are trademarks, service marks, and/or logos of Newsflare (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade names mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You agree not to display or use the Marks in any manner (whether for linking, framing or otherwise) without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade names of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade names, or any other materials contained here, except as expressly permitted herein, is strictly prohibited.
You may print off one copy, and may download extracts, of any page(s) from this Website for your own personal, non-commercial use only, provided that you keep intact all and any watermarking and other copyright and proprietary notices on such material. Any other use of the Elements is not allowed, unless we have provided you with our prior written permission.
Any rights not expressly granted herein are reserved to us.
This Website may contain links to, and/or advertisements for, other websites maintained by us, in addition to links to websites maintained by unrelated companies and persons ("third party website"). An advertisement of, or link to, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its content or use, or the use of products and services made available through such third party website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources, or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites. Such third party websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise, about any websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. Please ensure that you familiarize yourself with all rules, policies (including privacy policies) and operating procedures of such websites which may apply to you when accessing such websites.
Links from other websites
You may link to this Website, but solely in accordance with our terms. Anyone providing access to this Website via links from another website is solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website, and for any representations made or impressions created concerning Newsflare. Authorization by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this Website at any time and for any reason.
WHILST WE TAKE ALL REASONABLE CARE IN THE CREATION, SELECTION AND ASSEMBLY OF THE MATERIAL [defined below in paragraph 1 of PART II] , THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, NEWSFLARE, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, NEWSFLARE, ITS AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU OR YOUR COMPANY, AND NEWSFLARE, 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, OR OMISSIONS IN THE OPERATION OF THIS SITE OR ANY PART OF IT; (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; AND (E) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED. Any material obtained by you through use of the Website is obtained at your own discretion and risk, and you are solely responsible for any damage to your computer system 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 Website 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.
Exclusion of liability
Indemnity and release
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including reasonable legal fees, related to your breach of these Terms of Service, the infringement by you of any intellectual property or other right of any person or entity, or any other liabilities arising out of your use of this Website or any of the information, materials, products or services available through this Website.
Modification and discontinuation
We reserve the right at any time and from time to time, without notice and in our sole discretion, to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Website (or any part of it), and/or the information, materials, products and/or services available through this Website (or any part of it), and/or to terminate your account and/or to block your use of the Website. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, discontinuance or termination of this Website.
Entire understanding, failure to enforce, and validity of terms
Newsflare's failure at any time to require full performance of any provision of these Terms of Service 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 Newsflare of any breach of any provision of these Terms of Service 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 Service.
Data protection consent
Access to the Site and damage to its integrity
You expressly agree not to use any software or manual procedure to copy Newsflare Website pages or to record or collect any information disclosed on these pages without Newsflare's prior written consent. You expressly agree not to use any sort of device or software in order to disturb the good operation of this Website. You expressly agree not to act in a way which would disproportionately overload its infrastructure.
Law & Jurisdiction
The website is controlled by Newsflare from its offices at 56 Wood Lane, London W12 7SB. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in other locations outside the United Kingdom or the European Union. You agree that the laws of England and Wales shall govern these Terms of Service, including but without limitation Part II dealing with the terms for use of the Website and submission of material to the Website. You consent to the non-exclusive jurisdiction of the English courts. We retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.
Notification of Copyright Infringement
Newsflare may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your material or work has been used or copied in a way that constitutes copyright infringement, and such infringement is occurring on the Website, send Newsflare a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) information sufficient to permit Newsflare to contact you, such as your physical address, phone number, and email address; (v) a statement that you have a good faith belief that the use of the material you have identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Newsflare's contact for notice of claims of copyright infringement can be reached as follows: email@example.com or +44 (0)8432 895 191
Take Down Policy
Newsflare reserves the right to remove any material or contribution posted on the Website, if having received notice of a complaint, it reasonably believes that such material or contribution is unlawful, threatening, libelous, defamatory, obscene or pornographic. If you believe that a contribution or material on the Website is in any way unlawful, threatening, libelous, defamatory, obscene or pornographic, please send Newsflare a notice containing; (i) a description of the material or contribution; and (ii) a description of where the material or contribution is posted or located on the Site, and (iii) reasonable contact details for you.
If you have any questions regarding these Terms of Service or any other matter, you may contact us by e-mailing us at firstname.lastname@example.org.
Terms of Service [Part II] - Terms for use of the Website and submitting material
The definitions set out in clause 1 above, also apply to this part of the Terms of Service.
If you wish to submit any contribution, including any digital video or audio material, text, photographs or graphics, ("Material") to the Website you must register and open an account (see Newsflare Account [paragraph XX] below) and agree to be bound by these Terms of Service, including without limitation that any Material you submit shall be in accordance with these Terms of Service.
Submission of Material
You may upload any Material to this Website which you believe may be of general interest to the public. You must not upload gratuitously offensive Material, obscene, libelous or defamatory Material, or any Material which breaches any rights whatsoever of any third party, or any law or code of practice for publication, which is applicable where the Material may be viewed. You agree to comply with the principles enunciated in the Editors' Code of Practice from time to time, as issued by the Press Complaints Commission http://www.pcc.org.uk/cop/practice.html.
By submitting your Material, you warrant and undertake that such Material:
- Is your own original work or that you have obtained all the necessary rights to grant the license described in clause 3 of this Part II of the Terms of Service.
- Was not produced by you in the course of your employment by another person or organization.
- Does not infringe upon any statutory copyright or upon any common law right, proprietary right, or any other similar right of any third party.
- Does not violate any law, or code of practice, including by the manner in which it was obtained or created.
- Is not libelous, defamatory or obscene
- Was not taken 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 any event staged for the purpose of making the submission.
- Where it includes images of children under age 16, the images have been obtained with the consent (in writing) of a relevant parent or carer adult.
- Is not subject to any other contract, agreement or license.
- Copyright in any Material you submit to the Website will remain with you, subject to any license granted under these Terms of Service.
- If you do not want to grant Newsflare the permissions set out above on these terms, please do not submit to, or share your Material with, Newsflare.
- Newsflare Ltd does not endorse any Material or any opinion, recommendation, or advice expressed therein, and Newsflare expressly disclaims any and all liability in connection with any Material submitted to and published on the Website. Newsflare does not permit copyright infringing activities and/or infringement of intellectual property rights on its Website, and Newsflare will remove all Material if properly notified that such Material infringes another's intellectual property rights. This is at Newsflare's sole discretion, and Newsflare reserves the right to remove Material without any prior notice.
- You may upload any Material to this Website which you believe may be of general interest to the public. You must not upload gratuitously offensive Material, obscene, libelous or defamatory Material, or any Material which breaches any rights whatsoever of any third party, or any law or code of practice for publication, which is applicable where the Material may be viewed. You agree to comply with the principles enunciated in the Editors' Code of Practice from time to time, as issued by the Press Complaints Commission http://www.pcc.org.uk/cop/practice.html.
Grant of License
You hereby grant us and each user of the Website the non-exclusive license to access your Material through the Website, and to use, reproduce, distribute, display and perform and sublicense to distributors, resellers and end users such Material as permitted in accordance with the relevant licence imposed through the functionality of the Website and under these Terms. The right for Newsflare to use, display or grant further licenses to users in respect of your Material will automatically terminate thirty (30)- days after you remove or delete your Material from the Website. At no time does Newsflare hold or own any rights of ownership over the Material. Newsflare only holds a temporary right to market and use your Material through the functionalities of this Website. You understand and agree, however, that Newsflare may retain, but not display (with the exception of marketing material commissioned prior to the Material's removal from the website), distribute, or allow third party access to server copies of Material that have been removed or deleted.
- You may submit Material to our Website on an exclusive or non-exclusive basis.
- By submitting Material to the Website on an exclusive basis (Exclusive Material), you agree: that you will not grant or attempt to grant any rights in such Exclusive Material to any third parties;. In every case, we aim to get the best possible price for your Material, but give no promise that it will be used or picked up by other parties. We will not attempt to market Material as Exclusive Material without attempting to contact you for confirmation.
- Where you submit Material on a non-exclusive basis (Non-Exclusive Material) you agree that you will be entitled to payment for Non-Exclusive Material at our current payment rates. You can check our standard (non-exclusive) rates when you are logged into the site by clicking the "Buy" button located under each item of Material. This will enable you to estimate how much you could earn from different types of usage, but no guarantee is given on how much money or interest your Material will generate.
- You agree that you will not grant any rights to any third parties which would conflict with the rights you have already granted to Newsflare under this clause  of these Terms of Service Part II.
- Nothing in these Terms of Service shall prevent or seek to prevent you using Material for your own personal, non-commercial purposes.
- In order to submit Material to our Website, you must create a Newsflare user account (Newsflare Account). You are expressly prohibited from using any other Newsflare Account without our permission
- In creating your Newsflare Account, you represent and warrant that all the information you provide is accurate and complete, and you will notify us as soon as reasonably possible if such information changes. You are solely responsible for any activity occurring on your Newsflare Account.
- You must keep your Newsflare Account password secure and notify Newsflare immediately of any breach of security or unauthorized use of your Newsflare Account.
- Newsflare accepts no liability for your losses caused by any unauthorized use of your Newsflare Account; however, you may be liable for losses incurred by Newsflare or other third parties due to such unauthorized use.
- We normally show your name or nickname (as specified by you when you open your Newsflare Account) with any Material you submit to the Website, unless you request otherwise when you set up your Newsflare Account, but for operational reasons this is not always possible. Newsflare accepts no liability whatsoever if you are identified or identifiable from any Material you submit to the Website.
Newsflare Account Termination Policy
- Newsflare may terminate a user's access to its Website if, in its sole discretion, it determines that user to be a perceived, serious, or repeat infringer, or for any other reason whatsoever.
- Newsflare reserves the right to decide whether Material submitted by any user is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, breach of privacy or other breach of an individual's rights. Newsflare may remove such Material and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You expressly accept and acknowledge that you are entirely responsible for any Material which you submit to this Website. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material contained in any Material you submit to this Website.
Ability to Accept Terms of Service
These Terms of Service and any rights and licenses granted hereunder, may not be transferred, sublicensed, or assigned by you, but may be assigned or sublicensed by Newsflare without restriction.
Newsflare may withhold taxes and other fees from payments to you if required by applicable law.
Reporter Reward Programme
Newsflare operates a Reporter Reward Programme. This is a tiered system under which users who have successfully created a Newsflare Account and are submitting Material to the Website are provided with certain additional benefits and increased potential levels of payment for use of their Material by third parties dependent on the quality and quantity of such Material submitted to the Website over a defined period of time. For further details please see Reporter Reward Programme details. These Terms of Service continue to apply to such users and such Material, and where such Reporter Reward Programme details conflict with these Terms of Service, these terms shall prevail.