Terms of Service/User Agreement
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information through this Network represents that they are 13 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
- In a manner that infringes, violates or misappropriate any third party's intellectual property rights or other proprietary rights or contractual rights;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in spamming, gambling, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- In a manner that promotes advertising from a third party that is unauthorized or promotes or advertises a competing service similar to The NewsTalkers, without permission from The NewsTalkers.
- In a manner that promotes any political action group (PACs) or other paid-for sources, that is for the promotion of a party or parties or for a candidate or candidates.
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory to a group or a specific individual(s), or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy and including incitement of violence, or contains false or misleading information.
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- in a manner that is harmful to minors in any way;
- to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, including use of the logo or name of The NewsTalkers, or to obtain access to this Network without authorization;
- to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons' ability to use this Network. This includes group activities that are designed to undermine the site, or attack specific individuals or groups of individuals activities;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Network or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person's explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- "Stalk" or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
- Post any content containing child pornography to this Network;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network's infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
- Use this Network as a generic file hosting service;
- Take any action that may undermine the feedback or rating systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.
- To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines .
- You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network's online service provider. However, the NewsTalkers controls the content. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.
The NewsTalkers may modify these Terms of Service prospectively from time to time in its sole discretion. Your continued use or accessing of the online services following the posting of any changes to the Terms of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms of Service via posting of updates on the Site.
This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of these online services that all the details you provide be correct, current, and complete. If we at The NewsTalkers believe the details are not correct, current, or complete, we have the right to refuse you access to the online services, or any of its resources, and to terminate or suspend your account.
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE ONLINE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE OR ONLINE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Service and any applicable Additional Terms each time you use the online services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms of Service (and any applicable Additional Terms) that applied when you previously used the online services will continue to apply to such prior use (i.e., changes and additions are prospective only) except as mutually agreed. In the event any notice to you of new, revised, or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account (if applicable) and the e-mail you associated with your account for notices, all of which you agree are reasonable means of providing you notice. You can reject any new, revised, or additional Terms of Service by discontinuing use of the Site and related online services.
Your use of the online services shall be limited solely to your personal and non-commercial use. The online services contain material that is derived in whole or in part from material supplied and owned by The NewsTalkers as well as third parties (“Content”). As between The NewsTalkers and You, The Newstalkers owns all right, title, and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the online services and Content. You acknowledge The Newstalkers' valid intellectual and proprietary property rights in the online services and Content and that your use of the online services is limited to the access, viewing and downloading of Content, all solely as authorized by The NewsTalkers. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to the online services or Content or to any portion thereof except for the limited rights expressly granted herein.
You may use online services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the online services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the online services or Content, or (iii) any advertisement on the online services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the online services or Content unless expressly permitted by The Newstalkers in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the online services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or online services with any third party content, materials or branding. You may also not use any software robots, spiders, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the online services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the online services or its servers and infrastructures. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the online services or Content, whether or not for profit, without consent from The NewsTalkers.
To the extent that The NewsTalkers makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
If you establish an account with The NewsTalkers, you agree to provide true, accurate and current data in connection with that account. Any usernames and passwords used for this Site or services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify The NewsTalkers of any unauthorized use of your password or account or any other breach of security. You understand and agree that the Site and/or online services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the online services. If you don’t want your activities on such a social network to be shared, your only option is to deactivate the related social network account.
User Content; Grant of Limited License
Reviews, responses, profile entries, posts or questions, private notes and chats are provided at the discretion of The NewsTalkers, may not be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members. Copyrighted works will not be infringed upon.
If you post or upload any content to the Services (“User Contents”) and are retained by our servers, you hereby acknowledge and agree that you are granting The NewsTalkers a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to The NewsTalkers the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that The NewsTalkers, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to The NewsTalkers under these Terms of Service, and to display any advertising, publicity, promotional materials, and distribution rights in connection with your User Content. You acknowledge and agree that The NewsTalkers, its licensees, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate The NewsTalkers or any other person or entity to exercise any of the rights granted by you under these Terms of Service. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Service. You agree that The NewsTalkers, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.
No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence and that no confidential relationship is intended or created between The NewsTalkers, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that The NewsTalkers does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content. Use of Name and Likeness: By posting User Content on the online services, you consent to the recording, use and reuse by The NewsTalkers, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by The NewsTalkers, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with The NewsTalkers, or related Sites or online services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion, and publicity.
Ownership: Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to the User Content. To the extent, your User Content contains other materials or elements owned by The NewsTalkers, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and The NewsTalkers. Public Nature of Online Services: While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of The NewsTalkers. Notwithstanding anything else in these Terms of Service, The NewsTalkers should not be seen as endorsing any User Content in any way. None of The Newstalkers, or its officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.
Liability for User Content: User Content does not reflect the views of The NewsTalkers. Notwithstanding anything else in these Terms of Service, The NewsTalkers should not be seen as endorsing any User Content in any way. User Content posted through the online services are provided by users like you who are unaffiliated with The NewsTalkers, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not The NewsTalkers are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the online services. None of The NewsTalkers or its or their officers, directors, and employees, subsidiaries and/or affiliates are responsible for User Content, accuracy or opinions expressed on the online services, nor shall they have any liability for any such User Content. The NewsTalkers does not investigate, monitor, or check for accuracy or completeness of User Content. You understand that by using the Site or online services, you may be exposed to User Content that is offensive, indecent, or objectionable. Content that violates contracts, commitments, and other legal obligations that TheNewsTalkers.com has made will be removed without notice.