The term “Users” refers to all visitors to the Site. You may be one of two types of Users: (i) a User with a registered account (“Registered Users”); and (ii) a User who is not a Registered User (“Unregistered Users”).
The Site uses the input of Registered Users, among other factors, to present to Users links to the “top” articles and content for a particular day for each of a variety of different subjects (the “Top Links”).
If you are a Registered User, the Site is provided solely (i) as a platform to recommend, advocate, share, comment on, discuss and vote for the articles and content that should be included in the Top Links relating to your particular and declared areas of expertise; (ii) to browse and click on the Top Links; (iii) to view detailed information about the recommendations, comments, voting histories, discussions and other content generated by you and other Registered Users on the Site regarding articles and content proposed to be included in the Top Links (whether or not they were so included) (“Commentary”); (iv) update the information you provided about yourself to Newsana including during registration; and (v) view limited information about yourself and other Registered Users (e.g., the Registered User’s rank, the Registered User’s name and bio), and for no other purposes (the “Permitted Use by Registered Users”).
Newsana also reserves the right to change the Site, any information, material or content (including, but not limited to, the Top Links and Commentary) contained on the Site (the "Content") at any time, and from time to time, without notice.
Use of the Site
Registration, Accounts and Passwords for Registered Users
If you choose to register as a Registered User, you will be required set up an account and will be asked to provide Newsana certain information. Upon completion of the registration process, you will be provided, or required to choose, a password and username, and/or other registration information. Should you choose to register as a Registered User, you agree to provide accurate and current information about yourself as required by the registration process and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for (i) maintaining the confidentiality of any passwords or other account identifiers related to the Site and (ii) all activities that occur under such password or account. Further, you agree to notify Newsana of any unauthorized use of your password or account. Newsana will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
Use of Commentary and Content
Additionally, you agree not to: (a) Post any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit anyone else from using or enjoying the Site or the Internet; (b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity; (c) Post any inappropriate, unlawful, threatening, libellous, profane, defamatory, infringing, obscene, pornographic, indecent or unlawful material or information; and (d) Post any information, materials or content (including for greater certainty, software) which contains a virus, trojan horse, worm or other harmful or disruptive component.
Newsana takes no responsibility and assumes no liability for any Commentary Posted on or through the Site. You are fully responsible for any Commentary you Post on or through the Site, any violation of the foregoing restrictions or any other harm resulting from your Posting of the Commentary. Any use of or reliance on Commentary found on the Site or otherwise obtained by you is entirely at your own risk.
Newsana does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content, including without limitation any Commentary, Posted on or through the Site. You understand that by using the Site you may be exposed to Content that might be offensive, harmful, inaccurate, deceptive or otherwise inappropriate. Under no circumstances will Newsana be liable in any way for any Content, including without limitation, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of or access to any Content Posted on or through the Site.
Newsana has no obligation to Post your Commentary and reserves the right, in its absolute discretion to remove or refuse to Post any of your Commentary on the Site.
All Content, including without limitation, the organization, design, compilation and “look and feel” of the Site, all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site, are owned or licensed by Newsana or third parties and are protected by copyright, trade-mark and other intellectual property laws. Any feedback, comments or suggestions you may provide regarding the Site or Content is entirely voluntary and Newsana will be free to use such feedback, comments or suggestions as it sees fit without any obligation to you.
Any rights not expressly granted herein are reserved.
"Newsana" is either a registered trade-mark or trade-mark of Newsana Inc. in Canada and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
The Site is: © 2017 Newsana Inc.
Please note, websites that are accessed by clicking on third party advertisements or on links to articles and content as well as our third party advertising provider may have additional privacy policies or statements which govern their use of your personal information. Please read those additional privacy policies or statements carefully. You agree to abide by those additional privacy policies or statements imposed by any website with whom you elect to deal through the Site.
No Unlawful or Prohibited Use
You agree that you will not, without Newsana’s prior written permission, use the Site and the Content for purposes other than the Permitted Use. You also agree that you will not, without Newsana’s prior written permission: (a) “frame”, “mirror” or otherwise incorporate the Site or the Content or any part thereof on any commercial or non-commercial website; (b) access, monitor or copy any Content of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site; or (d) take any action that imposes, or may impose, in Newsana’s discretion, an unreasonable or disproportionately large load on its infrastructure.
Third Party Sites
The Site provides links to third party websites, including the Top Links. Newsana does not endorse the information contained on websites accessed through any such links nor does it guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Newsana’s control, and if you choose to access any such website, you do so entirely at your own risk.
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on or through the Site are solely as between you and such third parties. Newsana assumes no responsibility whatsoever for any charges you or any User of your account incurs when making purchases or other transactions in this manner. You agree that Newsana will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
The downloading, buffering or accessing of Content is done at your own risk. Newsana cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer system(s) or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system(s), and you are responsible for the entire cost of any service, repairs or connections of and to your computer(s) system that may be necessary as a result of your use of the Site.
Communications Not Confidential
Newsana does not guarantee the confidentiality of any communications made by you via e-mail or otherwise through the Site.
Disclaimer and Limitation of Liability
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. NEWSANA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT. THE SITE AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. NEWSANA DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.
THE CONTENT DISPLAYED ON THE SITE ARE INTENDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND NEWSANA DOES NOT GUARANTEE THE ACCURACY OF THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEWSANA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL NEWSANA BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT NEWSANA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.
THE CONTENT AVAILABLE THROUGH THE TOP LINKS IS PROVIDED BY INDEPENDENT INDIVIDUALS AND ORGANIZATIONS WHO ARE NOT CONTRACTORS, AGENTS OR EMPLOYEES OF NEWSANA. NEWSANA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH CONTENT PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT FROM THESE PROVIDERS.
If, despite the limitation above, Newsana is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Newsana will in no event exceed ten Canadian dollars (CDN$10.00) or the equivalent in local currency.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
Professional Information Disclaimer
The Site may make available certain information, including through the Top Links or Commentary, related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (“Professional Information”). Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Professional Information not intended to and should not be used to replace consultations with a qualified medical, legal, financial or any other relevant professional. You agree that all risks associated with the use of, or reliance on, any Professional Information rests with you. You further agree that Newsana, including its suppliers, will not be responsible or liable, directly or indirectly, in any way for loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.
You agree to defend and indemnify Newsana and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(b) your violation of any law or the rights of a third party; or
(c) your use of the Site.
Governing Law and Jurisdiction
Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Site.
Entire Agreement, Waiver and Severability