Effective Date: November 11, 2015
Welcome to Newscrack!
Newscrack.com, LLC (
our) owns and operates this website and mobile applications (
Website). In order to use our Website or any other content and services we may offer here (any of which, and all together, the
Service), you (personally and, if applicable, on behalf of the entity for whom you are using the Website; collectively,
Terms), which constitute a legally binding agreement between Newscrack and you.
BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Be sure to read these Terms carefully, and if you have any questions please Contact Us at Support@newscrack.com
NEWSCRACK PROVIDES THE SERVICE AT THIS TIME ONLY AS A
CLOSED BETA ONLY TO CERTAIN INVITED USERS (
BETA USERS). BETA USERS MAY NOT: (1) SHARE REGISTRATION OR LOGIN INFORMATION WITH OTHERS; (2) PERMIT OTHERS TO ACCESS THE SERVICE; or (3) DISCLOSE ANY INFORMATION REGARDING the SERVICE TO ANYONE OTHER THAN NEWSCRACK OR OTHER BETA USERS.
There are a few basic terms you must comply with as a condition to having the right to use the Service. If you are under the age of 18, please discuss these Terms and your use of the Service with your parent or legal guardian. Newscrack reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms. Without limitation, you agree that you will not, directly or indirectly:
a. Use the Service in a manner that violates these Terms or any applicable law, rule, or regulation, or for any unintended purpose;
b. Except as expressly permitted by these Terms, copy, reproduce, modify, distribute, perform, display, create derivative works of or transmit any content on the Website or part of the Service;
c. Use the Service or any of our marks commercially, for benchmarking, or to compile information for a competitive product or service;
d. Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components), or otherwise attempt to obtain source code;
e. Interfere with or damage the Service or our servers, including, without limitation, through the use of viruses, malware, harmful code, denial of service attacks, forged information, or similar methods or technology;
f. Impersonate or misrepresent your identity or affiliation with a person, entity or organization or use a false identity;
g. Attempt to obtain unauthorized access to the Service or any materials or information not intentionally made available through the Service;
h. Collect information about users of the Service;
i. Violate, misappropriate or infringe a third party's intellectual property or other right through the Service; or
j. Interfere with any third party's ability to use or enjoy, or our ability to provide, the Service.
You do not have to register to visit our Website. However, if you wish to access the Service, you need to register with us and create a user account (your
Account). In creating and maintaining an Account, the following rules apply.
a. You will provide true, accurate, current and complete information about yourself as prompted by the Service and update this information as necessary. You may not transfer your Account to anyone without first getting our written permission.
b. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. We will never ask you for your password directly - if someone does that, you must Contact Us at Support@newscrack.com
c. You can close your Account by Contacting Us at Support@newscrack.com However, only by ceasing to use the Service can you terminate any continuing obligation you have to follow the Terms - except that certain Terms applicable to your actions using our Service in the past will survive.
The Service is intended to permit you to access a wide variety of news content. Third parties provide this content and we are not responsible for it.
a. News. The Service provides links to a variety of content provided by third parties (
News). In addition, the Service contains links to third party websites. Newscrack is not responsible for the News or the content on any linked site or any link contained in a linked site, or any changes to such sites. We do not endorse or accept any responsibility for News or the practices of third party sites. We may remove or disable access to any News at any time.
b. Newscrack Intellectual Property Rights. The trademarks, service marks and logos contained within the Website and Service, the design and
look and feel of the Website and Service, and all software and other technology used to provide the Service, are owned by or licensed to Newscrack. We reserve all rights not expressly granted to you.
c. Third-Party Intellectual Property Rights. The News, trademarks identifying the News, and other content and branding belonging to third parties are owned by such third parties.
Newscrack may use all content you submit through the Service, but you retain ownership of your content.
a. By sharing, submitting and uploading any information, data, or other content, including, but not limited to, compilations of News, profile information, feedback, and postings to the Service (
User Content), you hereby grant and agree to grant Newscrack a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license and right (but not the obligation) to use, reproduce, distribute, prepare derivative works of, display, transmit, perform, and adapt your User Content in any legal manner or medium, now known or hereafter devised. This exploitation may include, without limitation, use of your User Content to market or promote Newscrack. You further grant Newscrack a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable, license and right (but not the obligation) to exploit your name, alias (e.g., a username or custom emblem), likeness, personality, voice, and any other materials or information you submit to Newscrack in connection with your User Content.
b. Other than as provided in these Terms, you will retain ownership of all rights in your User Content.
c. You acknowledge and agree that you are solely responsible for your User Content. Accordingly, you represent and warrant that: (i) you are at least 13 years of age or you have reviewed these Terms with a parent or legal guardian and he or she has agreed to these Terms and given you permission to submit the User Content and (ii) you have all rights, licenses, and consents necessary to grant Newscrack the required rights herein, including, without limitation, to disseminate your User Content.
d. You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against Newscrack for its use or exploitation of the User Content or your name, alias, likeness, personality, or any other materials you submit in connection with your User Content, as well as any claims under
moral rights or similar theories.
e. You agree that you will not receive any compensation from Newscrack for Newscrack's exploitation of the User Content, including without limitation submission of the User Content to any third party on your behalf, and Newscrack has no obligation to use any of your User Content. Newscrack may remove your User Content from the Service at any time. Newscrack is not obligated to keep a record of your User Content or return User Content to you.
Newscrack respects the rights of others and we expect users of our websites and services to do the same. We may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others, violates these Terms, or otherwise appears inappropriate for the Services.
a. How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through the Services infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by fax or regular mail with the information that sets forth the items specified below.To submit a notice, you must provide the following information:
I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.
We will review your claim, determine its merit, and act accordingly. Please note that you may be liable for damages, including costs and attorneys' fees, under the DMCA if you knowingly materially misrepresent that material on the Site infringes upon your copyright.
For clarity, only DMCA notices as described above should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid and we may not remove the infringing material.
Using our Service exposes you to some risks. Newscrack is not responsible for any harm you may experience. Specifically:
a. THE SERVICE, AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, ARE PROVIDED
AS IS, WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NEWSCRACK AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT.
b. NEWSCRACK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE WILL: (I) BE UNINTERRUPTED OR SECURE, (II) ACCURATELY ESTIMATE YOUR BENEFITS, BE FREE OF DEFECTS, INACCURACIES OR ERRORS OR OTHERWISE CURRENT OR COMPLETE, (III) MEET YOUR REQUIREMENTS, (IV) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE OR THIRD PARTY WEBSITES OR APPLICATIONS, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE.
Newscrack's liability for any damages you or a third party may incur is limited as follows:
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEWSCRACK, ITS MEMBERS, OFFICERS, AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS' FEES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF NEWSCRACK OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF Newscrack IN CONNECTION WITH THE WEBSITE AND SERVICE EXCEED $100 OR THE AMOUNTS YOU PAID TO NEWSCRACK IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE, WHICHEVER IS GREATER.
c. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS OR COUNTRIES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OR NATION OF RESIDENCE.
If you use our Service, you are representing and warranting to Newscrack that:
a. You have the full power and authority to enter into and follow these Terms and these Terms are binding on you; and
b. Your agreement to and following of these Terms does not and will not breach or conflict with any other agreement or arrangement you have with someone else or otherwise violate the law.
You agree to indemnify Newscrack for all costs in connection with Claims.
a. You agree to defend, indemnify, and hold Newscrack its affiliates, and their respective employees, representatives, agents, attorneys, directors, officers, and members ("Indemnified Parties") harmless from any damage, loss, cost or expense (including, without limitation, attorneys' fees and costs) incurred in connection with any third party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to your use of the Service; or (iii) arising from or related to your User Content.
b. If you are required to provide indemnification, Newscrack may, in its sole and absolute discretion, control any Claim at your sole cost and expense. You may not settle, compromise or in any other manner dispose of any Claim without Newscrack's consent.
Newscrack may terminate or modify the Service or your use of the Website at any time.
a. Termination. Newscrack may, in its sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Service, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the Service at any time for any reason or no reason at all.
b. Effect of Termination. If we terminate your use of the Service, you must cease all use of the Service immediately. These Terms will survive indefinitely unless and until Newscrack chooses to terminate them.
If you have any dispute with us, you agree that before taking any formal action, you will Contact Us at Support@newscrack.com, provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:
a. These Terms, your use of the Service, and any other matter relating to Newscrack will be governed by the laws of the state of California, without regard to conflict of laws principles.
b. These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in California, California. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:
i. First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
ii. Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in California, California if the claim and the parties are within the jurisdiction of the small claims court.
c. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
d. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICE, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
a. These Terms make up the entire agreement between the parties regarding Newscrack and supersedes any prior agreements.
b. Under no circumstances will Newscrack or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond Newscrack's reasonable control.
c. The Service is controlled and offered by Newscrack from the United States of America. Newscrack makes no representation that the Service may be used in or complies with the laws of other locations. Use from other locations is at your own risk. You consent to processing in the United States of America or elsewhere of the data you provide.
d. If you provide us with your email address, you agree that we may send you emails or other electronic communications related to the Service or your Account. If you do not want to receive general emails related to the Service, you can opt-out by emailing Support@newscrack.com You may not opt out of emails relating to the administration of any Service you request. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a legal requirement to communicate with or give notice to us, you must use the address: Newscrack, 1316 S Pacific Ave, Venice, CA 90291
e. You may not transfer your rights or obligations under these Terms without the prior written consent of Newscrack. Newscrack may freely do so, in whole or in part. These Terms will be binding upon the successors and permitted assigns of you and Newscrack. These Terms do not create any third party beneficiary rights. These Terms will be interpreted as if equally drafted by Newscrack and you. A party's failure or delay in exercising (in whole or in part) any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future. If any provision of these Terms is declared invalid or unenforceable, then such provision will be deemed automatically amended to the minimum extent necessary to conform to the requirements for validity, and the remaining provisions of these Terms will remain in full force and effect.
Our) with respect to Newscrack.com (
Personal Informationwe mean information that is collected in conjunction with a name. This may include a first and last name and:
We only collect Personal Information by asking you for it, e.g., through a form on our website.
When we use the term
Collected Information we mean information other than Personal Information that we (either directly or through our service providers) collect whenever you visit the Online Service or otherwise interact with us online.
For example, when you visit newscrack.com, our systems, or those of our service providers, may automatically recognize the date and time of visits, the type of browser you use, the website from which your visit originated, page visits, time spent on web pages, the subject of advertisements clicked or scrolled over and other data that we collect automatically.Technology is always changing, but we generally acquire Collected Information in the following ways:
cookiesto customize your experience. Cookies also track where you travel on any of our websites, what you look at, and where you go after you leave one of our websites.
To accomplish all this, and also to allow us to offer our customers useful features, we use and allow our third-party advertising companies to use the technologies listed above and other similar technologies (
In some cases, we may link the Collected Information we receive through the Tracking Technologies with some of your Personal Information. You may set your web browser software to reject certain Tracking Technologies. If you do so, certain functionality of the website that you are visiting may be affected.
We may combine your Personal Information and Collected Information.
We may also obtain information about you from our affiliates or other outside sources and combine it with your Personal Information and Collected Information. We may also purchase lists containing your Personal Information (e.g., postal address, phone number, email address) for advertising and marketing purposes.
We may also use your email address to send you news and information about our company and products that might be of interest to you. You can opt-out of receiving future communications from us about special offers and new product information. You can unsubscribe by following instructions contained in the messages you receive. You can also change your marketing preferences by contacting us through Support@newscrack.com Even if you opt-out of receiving these messages, we reserve the right to send you certain communications relating to the services we provide. We may also send you service announcements and administrative messages. We do not offer you the opportunity to opt-out of receiving those communications.
We may also use anonymous information, such as information pertaining to web or mobile pages you have viewed, in order to analyze trends, track user's movements, provide a better user experience, and gather demographic information for aggregate use.
We may report to law enforcement agencies any activities that we believe to be unlawful. We may also report any activities that we believe may aid a law enforcement investigation into unlawful activity. We reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that the release of your information may protect the rights, property, or safety of Newscrack or another person.
We may share your information with marketing partners in order to offer you exclusive deals or promotions that we believe would be of interest to you.
We may share your information with others as required by law. We may also share your information with others as permitted by law. This may include sharing your information with government entities or third-parties in response to subpoenas, court orders, and other legal process. We may also share your information if we believe it is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine might be brought against us.
As we continue to develop our business, we may buy, merge or partner with other companies. If a portion or all of Newscrack's assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets.
We use third-parties (such as network advertisers) to serve advertisements on our Online Service, and we use traffic measurement services to analyze traffic on our Online Service. Network advertisers are third-parties that display advertisements based on your visits to our Online Service and other websites you have visited. This practice is sometimes called
behavioral advertising. Third-party ad serving allows us and third-parties to target advertisements to you for products and services you might be interested in. Our Online Service's third-party ad network providers, the advertisers, the sponsors, and/or traffic measurement services may set and access their own cookies and other technologies on your computer.
Any images (or any other parts of a web page) served by third-parties in association with third-party cookies may serve as web beacons which enable third-parties to carry out the previously described activities.
We use a variety of companies to serve advertisements on our Online Service.
You may wish to visit http://www.networkadvertising.org/ to learn more about online advertising including behavioral advertising. This website provides information about the Network Advertising Initiative (
NAI), its members, and your choices regarding having information used by NAI companies, including the
opt-out procedures of NAI members which are located at: http://www.networkadvertising.org/choices/.
Please note that if you delete, block, or otherwise restrict cookies, or if you use a different computer or Internet browser, you will need to renew your opt-out choice. Also, if you choose to opt out of having your information used to deliver advertisements tailored to your interests, you will continue to see advertisements on this website, but these advertisements may not be as relevant to you.
We take reasonable and appropriate measures to help keep information secure and to help prevent it from becoming disclosed to individuals who are not described in this policy. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect, and we cannot promise, and you should not expect, that your information will be secure in all circumstances.
Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third-parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct marketing purposes.
You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at:Newscrack California Privacy Rights Inquiry
Some web browsers and devices allow you to broadcast a preference that your activities online not be
tracked. At this time, the Online Service does not take action in response to
do not track signals.
We do not provide products and services to children. We do not knowingly collect or solicit information from children under the age of 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove that information and terminate the child's account.
If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us at Support@newscrack.com
You may access your personal information through your profiles on our Online Service and delete, change, or modify that information. However, we cannot guarantee comprehensive deletion or modification of information provided to our Online Service. For additional assistance with modifying or deleting information provided to our Online Service, contact us at Support@newscrack.com
If you have any questions about this Privacy Statement or any other issue with our Online Service, you may contact us at: Support@newscrack.com