1. Background
1.1. Newspie.in ("Website") is owned, registered and operated by A-SK Media International Inc. ("Company"), a private limited company, incorporated under the laws of the State of Delaware.
1.2. These terms of usage ("Terms of Use") govern Your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, or by using any content or information provided as part of the Website/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
1.3. For the purpose of these Terms of Use, wherever the context so requires "You", "Your" or "User" shall mean any natural person who uses the Website for availing the Services. The term "We", "Us", "Our" shall mean the Company, its employees, and authorized agents that perform any services on the Company's behalf.
1.4. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and Your continued use of the Website, and/or the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.
2. Services
2.1. We are a "pay-per-view" Website featuring research based and investigative articles including text, image, video, audio content, including but not limited to individual articles, blog posts, e-books, reports or other such content ("Content"), with the objective of informing User(s) (defined hereinafter) .
2.2. For the purposes of these Terms of Use,
(a) "Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter;
(b) "Authority" shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in the United States of America;
(c) "Content" shall have the same meaning as ascribed to it in Clause 2.1;
(d) "Minimum Age" shall mean any person aged 18 (Eighteen) years and above;
(e) "Points" shall mean the currency of the Website. The current rate at which the Points are valued is 100 Points = USD1.
2.3. In order to access the Content published on the Website, the User(s) must mandatorily register themselves on the Website. Every registered User shall allocate themselves a unique identification user name and password ("User ID" and "Password").
2.4. If you use the Website as a registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Website registration form. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or that You are misusing Your account in any manner, We reserve the right to indefinitely suspend, terminate or block access of Your membership/ refuse to provide You with access to the Website.
2.5. All Content published on the Website shall be available in exchange for certain Points.
2.6. At the time a User, registers on the Website, they shall be provided certain number of initial Points for free ("Free Points"). The End User may use such Free Points to access and read the Content that is available on the Website. However, such Free Points cannot be exchanged for real money.
2.7. The User has the option to buy additional Points on the Website by using real money in order to access the Content published on the Website. No refund shall be available to the Users to convert such Points to real money.
2.8. In the event, a User is dissatisfied with the Content purchased by them, then such User shall have the option to, within a period of 24 (twenty- four) hours from the time the User has spent their Points on the Content, request a refund of Points due to non-satisfaction with the Content ("Refund"). We shall at our sole discretion determine whether or not to provide such User a Refund.
2.9. Further, in the event We have reasonable grounds to suspect that the User is misusing the Refund mechanism available, or is sharing their account credentials, i.e. User ID and Password with others, We reserve the right to indefinitely suspend, terminate, or block access of such User's User ID with the Website, with immediate effect, without providing any refund of the Points associated with such User's User ID.
3. Representations, Warranties and Obligations of the Website
We hereby represent and warrant that:
(a) We are a duly registered company as under the laws of the State of Delaware;
(b) We are in compliance with the Applicable Law to provide Services, subject to these Terms of Use;
(c) We will comply with the Privacy Policy and ensure data security of the Users at all times.
4. Representations, Warranties and Obligations of the User
You hereby represent and warrant that:
(a) You are a natural person, of the Minimum Age, competent to contract, have read, understood and agree to be bound by these Terms of Use;
(b) You shall provide accurate information and details at the time of registration and shall also keep the contact information up to date;
(c) You have only been granted a license to access, read and temporarily download the Content published on the Website for personal, academic, non-commercial purposes;
(d) You agree not to modify, plagiarize or copy the Content.
5. User's feedback/comments/ suggestions
5.1. While submitting/ posting comments/ suggestions/ opinions/ feedback etc. ("User Feedback"), the User agrees and acknowledges that:
(a) The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
(b) The User Feedback shall not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate;
(c) We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
(d) We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;
(e) By posting/ submitting User Feedback, the same shall become our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to You.
6. Intellectual Property Rights
6.1. Copyright
6.1.1. The copyrights, design rights (whether or not registered), moral rights, performance rights, database rights, new media rights, names, logos, publicity rights, and any and all other intellectual property and proprietary rights of any nature whatsoever that subsist, or may subsist, or be capable of registration, in each case in relation to the creative work of the publisher or writer of the Content, rests with the publisher or writer. The publisher or writer have granted the Company a license to use, display and publish the Content on the Website.
6.1.2. All Company's content included on the Website, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is Our property and is protected by the Applicable Laws with respect to intellectual property rights. The compilation of all content on this Website is Our exclusive property, and shall not be reproduced or used without express written permission from Us. We reserve the right to terminate Your engagement with Us, if We, in Our sole and absolute discretion, believe that You are in violation of this clause.
6.1.3. The Content made available on or via the Website, is provided to You 'AS IS' for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without Our prior written consent. We reserve all rights, not expressly granted in and to the Website.
6.2. Trademarks
6.2.1. Newspie.in is the domain of the Company. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any product or service that is not affiliated with the Company.
7. Links
7.1. The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
7.2. We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
7.3. On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.
8. Payment Terms
8.1. User(s) can buy additional Points on the Website. We integrate PayPal's payment gateway services to facilitate the purchase of Points. Depending upon the location of the User(s) and PayPal's terms of use in that location, Users(s) may use any one of the following available options:
(a) Direct Bank Transfer
(b) Internet Banking
(c) Debit/ Credit Cards
8.2. The User agrees and accepts that all nuances and modalities relating to making payment using Net Banking/ Debit/Credit Cards ("Virtual Payment Mode") shall be separately governed by arrangement(s) / terms and conditions between You and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).
8.3. While availing any of the payment method(s) available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) Lack of authorization for any transactions; (b) Any payment issues arising out of the transaction or (c) Decline of such transaction for any reason.
8.4. You understand, accept and agree that the payment facility provided Us, is neither a banking nor financial service.
9. Privacy
9.1. The Website collects, stores, processes and uses Your information in accordance with Website's Privacy Policy. By using the Website and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Website in accordance with Website's Privacy Policy.
10. Fraud and Improper Conduct
10.1. You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the Services. You agree that You will not in any way:
(a) Interfere with the ability of others to access or use the Website and the Services provided through the Website;
(b) Disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users ability to use the Website or the Services;
(c) 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;
(d) Upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;
(e) You shall not attempt to gain unauthorized access to the account of any other User, or otherwise interfere with any other User's use of the Website or the Services provided through the Website;
(f) You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the service, including, without limitation, with respect to any identifying information for Your account, and all information that You provide must be accurate and correct, and You must update any changes to such information, so that it remains current.
11. Limitation and Disclaimer of Warranty
11.1. The Website, the Services and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.
11.2. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the Content on the Website or its Services.
11.3. We shall not be liable for any loss or damages suffered by the User due to any false or untrue Content published on the Website.
11.4. We shall not be liable if the Content violates Applicable Law or contains material errors, or is (or could be subject to a claim that it is) defamatory, obscene, invades the right of privacy, or infringes any right of any person or entity.
11.5. The Content posted on the Website does not reflect our opinion or view on the subject matter of the Content. We shall not be responsible for the opinions or views expressed by the writes/ publishers in the Content or the views and opinions of the Users in the form of User Feedback.
11.6. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Website's Services or due to the non- availability of the Website Services.
11.7. We make no representation or warranty that the Content published on the Website or the Website shall (i) meet Your requirements/ be accurate or reliable; (ii) be uninterrupted, timely, secure or error-free; (iii) rectify any errors found in the Content or on the Website's software. Further, access to the Content and Website shall be contingent to Your internet accessibility and We shall not be held liable for any lack/ sporadic breaks in Your internet accessibility.
11.8. We shall not be liable in the event any damage or loss occurs to your computer system, or any other electronic device, or any data as a result of downloading the Content published on the Website.
11.9. If You are dissatisfied or harmed by this Website or anything related with the Website, Your sole remedy shall be to terminate these Terms of Use by closing Your account on the Website.
11.10. We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Website.
11.11. We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are on the Website.
12. Indemnification
12.1. You undertake to indemnify Us, for any losses or damages resulting from any third party claims or complaints arising from, or in connection with Your actions on the Website, and/or breach of this Agreement.
13. Termination
13.1. We may terminate these Terms of Use with respect to You, immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by You.
13.2. In the event of the termination of these Terms of Use with respect to You, We may disable your account and access to the Services previously availed by you. If we find you to be in breach of these Terms of Use, no other remedy will be available to you.
14. Severability
14.1. If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.
15. General
15.1. Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy (provided on the Website) constitutes the entire agreement between you and the Website, in respect of the Services and supersedes all previous written and oral agreements between You and the Website, if any. Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches.
16. Governing Law
16.1. Terms of Use shall be governed by and constructed in accordance with the laws of State of Kansas, United States of America, without reference to conflict of laws principles. The courts in State of Kansas, United States of America, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use. You agree to submit to the jurisdiction of the courts in State of Kansas, United States of America, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
17. Contact Information
In case of any questions, complaints or claims related to Content or Services offered on this Website, or for requests to use the Content available on this Website, please write to Us at claims@newspie.in.