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Terms and Conditions:
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1. Ownership of Service.
Welcome to NewsorViews. The NewsorViews website (www.NewsorViews.com)
and the NewsorViews service (collectively, the 'NewsorViews Service'
or the 'Service') are owned by NOV,LLC and, from time to
time, its subsidiary and affiliate corporations, successors, and
assigns (collectively referred to as 'NewsorViews'). The NewsorViews
Service currently consists of various web pages at or linked to the
URL www.NewsorViews.com, as well as areas of numerous websites
operated by other companies that have entered into an agreement with
NewsorViews to publish their Content through the NewsorViews Service
on their site. The NewsorViews Service may expand or change from time
to time.
2. Application of General Terms and Conditions.
Use by end users of the NewsorViews Service and the NewsorViews
website is governed by these General Terms and Conditions. Unless
explicitly stated otherwise, any new Services, including any new
NewsorViews properties, shall be subject to these General Terms and
Conditions. In addition, NewsorViews may have separate registration
procedures and separate terms and conditions, terms of service, user
agreements, or similar legal agreements for certain of its Services.
When you are using any service or product offered by NewsorViews that
does not have a separate legal agreement, these General Terms and
Conditions will apply. In addition, NewsorViews also may offer certain
services from time to time that are governed by the terms of service
of the respective service partners. Where the NewsorViews Service is
running on third-party websites, the terms and conditions of use of
those websites may be applicable in addition to these terms and
conditions.
3. Non-Discrimination.
NewsorViews does not discriminate on the basis of age, gender, race,
ethnicity, nationality, religion, sexual orientation, or any other
protected status.
4. Questions.
Please direct any legal questions to:
NewsOrViews.com
General Counsel
1620 Rishon Hill Drive
St. Louis, MO 63146
5. Acceptance.
By using the NewsorViews Service, you agree, without limitation or
qualification, to be bound by, and to comply with, these Terms and
Conditions and any other posted guidelines or rules applicable to any
website where the NewsorViews Service is found.
6. Conditions and Restrictions of Use.
A. Termination. Use of the NewsorViews Service is subject to
compliance with these Terms and Conditions. You acknowledge and agree
that NewsorViews may terminate and/or suspend your access to any
portion of the NewsorViews Service should you fail to comply with the
Terms and Conditions or any other guidelines and rules published by
NewsorViews. Any such termination or suspension shall be in
NewsorViews' sole discretion and may occur without prior notice, or
any notice. NewsorViews further reserves the right to terminate or
suspend any user's access to NewsorViews or to any portion of the
NewsorViews Service for any conduct that NewsorViews, in its sole
discretion, believes is or may be directly or indirectly harmful to
other users, to NewsorViews or its subsidiaries, affiliates, or
business contractors, or to other third parties, or for any conduct
that violates any local, state, federal, or foreign laws or
regulations. NewsorViews further reserves the right to terminate or
suspend any user's access to the NewsorViews Service for any reason or
for no reason at all, in NewsorViews's sole discretion, without prior
notice.
B. Access to Content. Please be aware that the majority of the content
found on or through NewsorViews is for general audiences, and content
should meet local community standards, but may not fit yours. Content
is uploaded by moderators that follow local community standards, and
the NewsorViews Standards. If NewsorViews learns that anyone under the
age of 13 seeks to conduct a transaction through the Services,
NewsorViews will require verified parental consent, in accordance with
the Children's Online Privacy Protection Act of 1998 ('COPPA').
Certain areas of the NewsorViews Service may not be available to
children under 13 under any circumstances.
C. Registration and Privacy. Certain of the NewsorViews Services will
require the user to register and provide certain data. In
consideration of use of such Services, in registering and providing
such data, you represent and warrant that: (a) the information about
yourself is true, accurate, current, and complete (apart from optional
items) as required by various NewsorViews registration forms
('Registration Data') and (b) you will maintain and promptly update
the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or NewsorViews has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
NewsorViews has the right to suspend or terminate your account and
refuse any and all current or future use of the Services.
All NewsorViews registrations become the exclusive property of
NewsorViews, its affiliates, successors in interest, and subsidiaries.
NewsorViews reserves the right to use and reuse all registration and
other personally identifiable user information subject to the
NewsorViews Privacy Policy, which is found at
http://www.NewsorViews.com/privacy.aspx. By using the Service, You
acknowledge receipt of the NewsorViews Privacy Policy, including our
Notice Regarding the Privacy of Children Under 13 While on the
NewsorViews Service. Users may edit, update, alter or obscure their
personally identifiable information at any time by following the
instructions located in the NewsorViews Privacy Policy.
For those portions of the NewsorViews Service that require
registration, upon registering, you will receive a password. You are
responsible for maintaining the confidentiality of the password and
ID, and are fully responsible for all activities that occur under your
password or ID. You agree to (a) immediately notify NewsorViews of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. NewsorViews cannot and will not be liable for any loss
or damage arising from your failure to comply with this requirement.
Opting-Out, Corrections and Cancellations: Upon request, NewsorViews
will (a) remove you and your personal information from our database,
thereby canceling your registration; (b) correct personal information
that you state is erroneous; or (c) permit you to 'opt out' of the
Moderator role that has been given to verified educators/moderators to
help in maintaining NewsorViews's safety standards, while still
allowing access to the site. To request a correction, Contact Us at
NewsorViews.
D. Responsibility for Minors. In cases where you have authorized a
minor to use the Services, you recognize that you are fully
responsible for: (i) the online conduct of such minor; (ii)
controlling the minor's access to and use of the Services; and (iii)
the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME
AREAS OF THE NewsorViews SERVICE MAY CONTAIN MATERIAL THAT MAY BE
INAPPROPRIATE FOR MINORS.
E. Content is screened by Moderators, but may not be Error Free. You
acknowledge and agree that by using the Services, you may be exposed
to Content that is offensive or objectionable. Moderators do their
best to personally filter all video, but since they are human, and use
local community standards, content may not always be acceptable to
you. You further acknowledge and agree that the Services and the
Content may contain errors or omissions. You acknowledge and agree
that NewsorViews relies on its moderators, who are not employees of
NewsorViews, to screen or review published content on the Service to
determine whether it contains false or defamatory material, or
material which is offensive, indecent, objectionable, or which
contains errors or omissions. Under no circumstances will NewsorViews
be liable in any way for any user or other third party Content,
including, but not limited to, for any defamation, falsehoods, errors
or omissions in any such Content, or for any loss or damage of any
kind incurred as a result of the use or publication of any such
Content posted, emailed or otherwise transmitted via the Services.
NewsorViews does not guarantee that any Content will be to your
satisfaction. In the event that you believe that Content published on
or through the NewsorViews Service contains defamatory material or
otherwise is published in violation of these terms and conditions,
however, please contact us right away at:
NOV, LLC.
General Counsel
1620 Rishon Hill Drive
St. Louis, MO 63146
F. User Agreement Not to Circumvent Publishers' Ownership Rights. You
acknowledge and agree that your rights to view the publisher content
that you access on or through the NewsorViews Service are strictly
limited to the terms of those rights that you obtained in connection
with your acquisition of the Content itself. Except as permitted
expressly by such rights, you may not copy, reproduce, modify,
publish, transmit, transfer or sell, maintain, retain, create
derivative works from, distribute or re-distribute, perform, link,
display or in any way exploit any Content obtained through the
NewsorViews Service, including, without limitation, by incorporating
data and or Content from the Service into any e-mail, search,
catalogue, directory, or other 'white pages' products or service,
whether browser-based, based on proprietary client-site applications,
web-based, or otherwise. You understand, agree and acknowledge that
engaging in any of the aforementioned conduct may constitute a crime
and/or other form of unlawful behavior for which you may be held
criminally and/or civilly liable.
G. The NewsorViews Website may now or in the future permit the
submission of videos or other communications submitted by you and
other users ('User Submissions') and the hosting, sharing, and/or
publishing of such User Submissions. You understand that whether or
not such User Submissions are published, NewsorViews does not
guarantee any confidentiality with respect to any submissions.
H. You shall be solely responsible for your own User Submissions and
the consequences of posting or publishing them. In connection with
User Submissions, you affirm, represent, and/or warrant that: (i) you
own or have the necessary licenses, rights, consents, and permissions
to use and authorize NewsorViews to use all patent, trademark, trade
secret, copyright or other proprietary rights in and to any and all
User Submissions to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and these Terms of Service;
and (ii) you have the written consent, release, and/or permission of
each and every identifiable individual person in the User Submission
to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting the User Submissions to
NewsorViews, you hereby grant NewsorViews and all of NewsorViews's
Partners, Affiliates, and successors a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, and
perform the User Submissions in connection with the NewsorViews
Website and NewsorViews's (and its successor's) business, including
without limitation for promoting and redistributing part or all of the
NewsorViews Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each
user of the NewsorViews Website a non-exclusive license to access your
User Submissions through the Website, and to use, reproduce,
distribute, prepare derivative works of, display and perform such User
Submissions as permitted through the functionality of the Website and
under these Terms of Service. The foregoing license granted by you
terminates once you remove or delete a User Submission from the
NewsorViews Website.
I. When entering any contest on the NewsorViews site or any contest
linked to from the NewsorViews site, you must adhere to all of the
following Contest Conditions or Restrictions in addition to any stated
or written rules anywhere else: (i) You must be at least 13 years of
age or older (or have express parental permission) to take part in any
of the NewsorViews contests. (ii) Prizes are non-transferable nor
redeemable for cash. (iii) You must be a US Citizen to qualify for all
prizes. (iv) NewsorViews and their partners, affiliates, sponsors,
employees, or officers are not liable for any lost, delayed, stolen,
or incomplete entries or entries delayed or lost due to errors or
delays regarding our computer systems or such issues that effect all
or part of the internet.
7. Prohibited Conduct.
In addition to 6.F. above, you agree that you will not use NewsorViews
Services to:
A. Upload, post, email, otherwise transmit, or post links to any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, pornographic, libelous,
invasive of privacy or publicity rights, hateful, or racially,
sexually, ethnically or otherwise objectionable.
B. Upload, post, email, otherwise transmit, or post links to any
Content that promotes illegal activity, including without limitation
the provision of instructions for illegal activity.
C. Upload, post, email, otherwise transmit, or post links to any
Content that exploits the images of children under 13 years of age, or
that discloses personally identifying information belonging to
children under 13 years of age or harm minors in any other way.
D. Collect or store personally identifying information about other
users for commercial or unlawful purposes.
E. Impersonate any person or entity, including, but not limited to, a
NewsorViews official, employee, or falsely state or otherwise
misrepresent your affiliation with a person or entity or employ
misleading email addresses or falsify information in the header,
footer, return path, or any part of any communication, including
emails, transmitted through the Services.
F. Upload, post, email, otherwise transmit, or post links to any
Content that you do not have a right to transmit under any law or
regulation or under contractual or fiduciary relationships (such as
inside information, or proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements) or upload, post, email, otherwise transmit,
or post links to any Content that infringes any patent, trademark,
service mark, trade secret, copyright or other proprietary rights
('Rights') of any party, or contributing to inducing or facilitating
such infringement. This prohibition shall include, without limitation,
the following forms of software piracy:
* Making available copyrighted software or other Content that has
had the copyright protection removed.
* Making available serial numbers for software that can be used to
illegally validate or register software.
* Making available tools that can be used for no purpose other
than for 'cracking' software or other copyrighted Content.
* Making available any software files for which the user does not
own the copyright or have the legal right to make available.
G. Upload, post, email, otherwise transmit, or post links to any
unsolicited or unauthorized advertising, promotional materials, 'junk
mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form
of solicitation, except in those areas that are designated for such
purpose.
H. Upload, post, email, otherwise transmit, or post links to any
material that contains software viruses, worms, trojan horses, time
bombs, trap doors or any other computer code, files or programs or
repetitive requests for information designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment or to diminish the quality of, interfere
with the performance of, or impair the functionality of the Services
or NewsorViews.
I. Conduct your own contests and promotions or upload, post, email,
otherwise transmit, or post links to any Content regarding any raffle,
contest or game requiring a fee by participants.
J. Interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the Services.
K. Intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the
force of law or use NewsorViews or the Services to sell, purchase, or
offer to sell or purchase any registered or unregistered securities,
or upload, post, email, otherwise transmit, or post links to any
material that is false, misleading, or designed to manipulate any
equity, security, or other market.
L. Fail to complete any transaction after submitting an order to
purchase any goods or services, subject to any specific terms and
conditions governing such transactions, or submit any order to
purchase goods or services where you do not intend to complete the
transaction.
M. Purchase any goods or services that you are prohibited from
purchasing or possessing by any law applicable to you in your
jurisdiction. The responsibility for ensuring compliance with all such
laws shall be the user's alone. By submitting an order to purchase
goods or services, you represent and warrant that you have the legal
right to purchase such goods or services.
N. Decompile, disassemble, modify, translate, adapt, reverse engineer,
create derivative works from, or sublicense any software deployed in
connection with the Services.
O. Advertise, offer for sale, or sell any item you are prohibited from
advertising or selling by any applicable local, state, national, or
international law, including regulations having the force of law, or
advertise, offer for sale, or sell any of the following items:
* Any firearms, explosives, or weapons.
* Any food that is not packaged or does not comply with all laws
governing the sale of food to consumers by commercial merchants.
* Any alcoholic beverages.
* Any tobacco products for human consumption, including, without
limitation, cigarettes and cigars.
* Any items that are indecent or obscene, that are hateful or
racially, sexually, ethnically or otherwise objectionable, that
contain child pornography, that are otherwise pornographic in nature,
or are harmful to minors.
* Any controlled substances or pharmaceuticals.
* Any items that are counterfeit or stolen.
* Any dangerous items.
* Any goods or services that do not, in fact, exist.
* Any registered or unregistered securities.
* Any items that violate or infringe the rights of other parties.
* Any items that you do not have the legal right to sell.
* Any items where doing so through NewsorViews or the Service
would cause NewsorViews to violate any law.
You expressly acknowledge and agree that NewsorViews may preserve
Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
the Terms and Conditions; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of NewsorViews, its users and the public.
You acknowledge and agree that the technical processing and
transmission of the Services, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. You
further acknowledge and agree that other data collected and maintained
by NewsorViews with regard to its users may be disclosed in accordance
with NewsorViews's Privacy Policy.
NewsorViews also may suspend or terminate any user account for any
Service because of user inactivity. For example, a NewsorViews account
may be terminated or suspended if a user fails to sign-in to the
NewsorViews Service for an extended period of time. What is considered
'user inactivity' varies depending on the Service. If one of your
accounts is suspended or terminated for inactivity, your right to use
such Service immediately ceases.
8. Notice and Procedure For Making Claims of Copyright or Intellectual
Property Infringement.
NewsorViews respects the intellectual property of others. NewsorViews
does not, however, independently confirm that all Content made
available through the NewsorViews Service is provided by a valid
rights holder. In the event that NewsorViews becomes aware that
Content published on or through the NewsorViews Service has been
provided by a person who is not a valid rights holder, NewsorViews
may, in appropriate circumstances and at its discretion, disable
and/or terminate the publication of such Content. If you believe that
your work has been copied or published in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide NewsorViews's Copyright Agent
and/or General Counsel the following information:
1. an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
property interest;
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located or found on the website or Service;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;
6. a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
NewsorViews' Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By Mail:
NOV,LLC.
Copyright Agent or General Counsel
1620 Rishon Hill Drive
St. Louis, MO 63146
For a full understanding of any rights and or remedies you may have in
the case of any infringement, please consult with an attorney.
9. License To Content.
Except as otherwise provided by the NewsorViews Privacy Policy, with
respect to any Content posted by you on, to, or through NewsorViews or
the Services, you grant NewsorViews a world-wide, royalty free,
perpetual, license to use, copy, transmit, publicly display, publicly
perform, create compilations including, create derivative works of,
and distribute such Content to publish and promote such Content in
connection with the particular Services and to publish and promote
such Content elsewhere within NewsorViews and the Services. Such
license shall apply with respect to any form, media, or technology now
known or later developed.
10. DISCLAIMER OF WARRANTIES.
NewsorViews AND THE SERVICES ARE PROVIDED 'AS IS,' WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, NewsorViews DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE
SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, NewsorViews
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES.
NewsorViews SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY
LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE
SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NewsorViews DISCLAIMS ANY AND
ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF
INFORMATION OR MATERIAL IN THE SERVICES. NewsorViews DISCLAIMS ANY
RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR
UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. NewsorViews
DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM
DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE
SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. NewsorViews MAKES NO
WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB
PAGES OR ANY STORAGE FACILITIES OFFERED BY NewsorViews.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE
DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL
NewsorViews OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
(EVEN IF NewsorViews OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY
WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR
LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE
THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE
NewsorViews NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL NewsorViews OR ITS LICENSORS BE HELD
LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES,
COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES,
OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR
DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR
OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR,
GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR
TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR
FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, the foregoing limitation may not apply to you.
12. Indemnity.
You agree to indemnify and hold NewsorViews and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your violation of these Terms and
Conditions or any other applicable published NewsorViews usage terms,
conditions, policies, or requirements, or your violation of any rights
of another.
13. Consent to Exclusive Jurisdiction, Waiver of Objections.
These Terms and Conditions and the relationship between you and
NewsorViews shall be governed by the laws of the State of Missouri
without regard to its conflict of law provisions. You agree to submit
to the personal and exclusive jurisdiction of the courts located
within the State of Missouri for the adjudication of any and all
claims arising out of your use of the NewsorViews Services, and you
waive any objection thereto.
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