PLEASE READ THIS CAREFULLY – IT EXPLAINS ABOUT OUR WEBSITE AND ALL ITS CONTENT (OUR EDITORIAL WORK) AND HOW YOU USE IT.
1 ABOUT US
(1)
(a) Welcome to NewsX.media, a Community Interest
Company registered in England and Wales, Company Number 14370436, whose
Registered Office is at 30 Saint Georges Place, Canterbury, Kent, England, CT1
1UT. Our main email address is queries@newsx.media
(b) We are a media organisation
operating through our editorial and distribution platforms, including www.newsx.media and www.dailygoat.com (together
referred to as “the Website(s)”), which host and distribute Editorial Work. We
also distribute material (Editorial Work) from our affiliates Newsflash
Gmbh,
Golders Ltd, Central European News Ltd, Eastern
Video Ltd trading as Clipzilla, Real Press and AsiaWire for which the same terms and conditions apply.
(2)
As a media organisation, (which includes the services of our Company officers,
freelance journalists, affiliated agencies and photographers), we provide Editorial
Work in the form of supplied articles, text, images, video, graphics,
animation, audio, information (such as contact data, research, translations,
headlines) and anything else displayed or linked to our Website or available to
or provided to you electronically, digitally, on paper or in any format
whatsoever (Editorial Work). We make the products of those editorial services
available to anyone who uses the Website and any person or organisation whom we
distribute it to, which includes, but is not limited to, providing Editorial
Work ‘on spec’ because we feel that you may be interested it (we may refer
to these as a ‘User’ or a ‘Media Partner’). You always choose and are responsible
to us for what Editorial Work you use, including any ‘on spec’ Editorial
Work sent to you or indeed which you obtained in any other way if it originated
as a result of our efforts.
(3)
When we refer to ‘Use’ or ‘Using’ our Editorial Work and/or Our Website in
these Terms we mean host, store, share (including but not limited to on social
media or in any form using the internet), access, broadcast, transmit, exhibit,
perform, display, publish, distribute, circulate, copy, edit, modify, change,
adapt, republish, translate, transfer, reproduce, create derivative works,
distribute, display, perform, loan, assign, lease, licence, sale or resale,
transfer or gift and otherwise use, and any use whatsoever, including any
participation in and/or facilitating any of the above, whether as a whole or
any part of, and whether digital or in any format whatsoever, including, but
not limited to, any media channels whether social media or otherwise. For the
avoidance of any doubt, Use also includes Using images or other Editorial Work as
thumbnails, such as on YouTube or other social media channels.
(4)
In these Terms, You are the person or organisation who is Using our Website or
our Editorial Work, including, but not limited to, a Contributor (a person or organisation
who uploads their content on the Website for us to distribute). When You Use
our Website or our Editorial Work, You are confirming that You have the right
to do this and that they (the other person or organisation) are also bound by
these Terms and Conditions (Terms). You also agree that You are responsible for
your employees, sub-contractors, agents and anyone who is, or reasonably
appears to be, working on your behalf or in partnership with you in obtaining
and using our Editorial Work. For the avoidance of any doubt, this means that
any User is jointly and severally liable for any payments which are due to us
in relation to Using the Website and/or our Editorial Work.
(5) You should also be aware that we operate an Anti-Spam Policy, Cookie Policy Privacy Policy and Code of Conduct which you must also
read.
(6)
For clarity, we recognise two legitimate bases for invoicing for the Use of
Editorial Work: (a) where we or our Contributors grant a licence to use
copyrighted material, or (b) where we or our Contributors have undertaken
skilled editorial work, such as researching, verifying, sourcing, editing, or
preparing content, for publication, regardless of whether copyright is claimed
or granted.
2
ABOUT OUR TERMS
(1)
Unless we have specifically agreed otherwise with You in writing, with signed
confirmation, then these Terms will apply each and every time you Use all or
any part of our Website or Editorial Work or anything which comes into your
possession from any source whatsoever. For the avoidance of any doubt, this
includes any Editorial Work which is provided to You ‘on spec’ which You do not
have to Use and can choose to delete when You receive it and, subject to clause
3 (4) (material which You have obtained from one of our authorised agents) any material
that you have obtained from a third party.
(2) (a) These
Terms, together with our Privacy
Policy, our Cookie
Policy and Anti-Spam
Policy, which you
must read, form an Agreement between You and us when You Use our Website and/or
Content.
(b) This means that if you choose to Use all or any part of our Editorial
Work in any way, then you accept our Terms your use of
Editorial Work will be governed by either a licence or the provision of
editorial services under these Terms,
and you must pay us accordingly.
(3) We may make changes to our Terms which, unless we’ve agreed
otherwise with you in writing with signed confirmation, will take effect
as and when they are posted on our Website so you should read them each and
every time you Use our Website or Use any of our Editorial Work.
3
ABOUT OUR EDITORIAL WORK
Subject to any other part of these Terms, the following
applies to our Editorial Work:
(1) (a) Our Rights: Unless we have specified
otherwise in writing with signed confirmation, then subject to any Third Party rights (for example, Third Parties may own some of the software we
use), we own our Website and many items of Editorial Work and our logo,
techniques, information, processes and methods and any rights (such as
copyright and other intellectual property rights in the fullest sense) or we
have the right to use or distribute it, either because we own or licence it, or
because it is the product of editorial work by us or our Contributors.
(b) All of our Editorial
Work is usually marked with metadata to identify our ownership and
rights. We have sophisticated software and a system of evidence proving
our contribution in the creation of that Editorial Work. Therefore, if you have
any queries at all about this, please email us at queries@newsx.media before
You Use any of our Editorial Work.
(2)
No Representations, Warranties or Guarantees: To the maximum extent
permitted by law
(a)
(i) We do not, whether express or implied, make any representations nor give
any warranties or guarantees about our Website nor our Editorial Work and have
no liability for any issues or other consequences. This includes its’
availability, accuracy, completeness or whether or not it is up to date. We do
not accept any responsibility for our Website and Editorial Work, and
ultimately You are solely responsible for Your Use.
(b)
Certain Editorial Work is
(i)
marked as a T4-Hub Verified (V) news item which means that we have checked the Editorial
Work and although we were unable to speak to the owner, we believe that the Editorial
Work is safe to use. However, we do not make any representations, warranties or
guarantees and You remain solely responsible for Your Use.
(ii)
Sometimes Editorial Work may involve provision of what we call ‘Orphan Content’.
This means that it is difficult to locate the creator of that content. We have
a comprehensive and sophisticated verification service and although we are
unable to contact the creator directly, we believe that the content is safe to
use. However, we do not make any representations, warranties or guarantees and
You remain solely responsible for Your Use.
(c)
Whilst we may monitor any Editorial Work a Contributor uploads, we are not
responsible for doing so.
(3)
For the avoidance of any doubt, unless you have our express permission to do so
(which would include properly obtaining the Licence detailed in Clause 4) You are not able to copy, distribute
or re-distribute, transmit, publish or re-publish, re-circulate, alter, change
or amend in any whatsoever (such as by caching, framing or similar means), any Editorial
Work or anything whatsoever that we own or claim the right to distribute
without a signed and dated agreement.
(4)
We do have agents who are specifically authorised by us to sell our licences to
Use our Editorial Work. If you are purchasing from an agent and want to check
that the agent is authorised by us, you should email us at queries@newsx.media. For the
avoidance of any doubt, if you Use any of our Editorial Work and do not have a
valid Licence or cannot demonstrate a clear basis for editorial contribution or
authorship, then we reserve the right to take action against You, and the User
Who Uses our Editorial Work.
(5)
At our sole discretion, we reserve the right to stop the provision of or access
to the Website and/or our Editorial Work and to remove the Website and/or any Editorial
Work (or any part of any Editorial Work) without any notice or explanation or
any liability whatsoever to You.
(6)
If You find something in our Website and/or Editorial Work which You reasonably
believe or know is contrary to law or which breaches any rights please email us
at queries@newsx.media with as much information
as possible so that we can consider removing it.
(7)
Sometimes our Editorial Work may include links to other websites, content,
products or services owned or provided by third parties. In these circumstances
we are not responsible for any links and have no liability whatsoever to you in
relation to them (they remain the original provider’s responsibility) unless we
have failed to respond within 14 days of receipt, to a formal Notice
specifically notifying us the links and associated content or access to it, is
contrary to law or which breaches any rights or these Terms or any agreement
with You. You should also be aware that from time to time, we may have
affiliate agreements with some third parties and receive any payments or
commissions from them.
(8)
Digital Downloads: if you have a problem with Using anything which you have
bought from our Website, then please email us at queries@newsx.media.
4
LICENCE AND USING OUR EDITORIAL WORK
(1) (a) Subject to the terms our Licence and
these Terms, You can view and listen to the Website and its Editorial Work for
your personal, non-commercial use without any payment being due to us. This
does not include any other Use whatsoever and, for the avoidance of any doubt,
also means that You cannot share our Editorial Work, whether on social media or
otherwise.
(b)
If you Use our Editorial Work in any other way, then you must pay us in
accordance with clause 5, and according to how you Use the Editorial
Work and how many times you use it.
(2) Licence: We may also
provide or distribute Editorial Work to you without granting a copyright
licence, in which case our charges reflect the editorial work carried out to
make that content suitable for publication. Subject to clause 4(1)(a), provided always
that You do not breach any of our rights nor any part of these Terms and our
agreement with You and You pay us any payment as and when it is due, we give
You a single use, non-exclusive, worldwide and royalty-free licence to Use our Editorial
Work. This licence will include the right to copy, distribute or re-distribute,
transmit, publish or re-publish, re-circulate, alter, change or amend Editorial
Work.
(b)
For the avoidance of any doubt,
(i)
You must pay according to how you Use the Editorial Work. So, for example, if
you have a Licence to Use a video provided through our editorial work, this
will not extend to a Licence to use screenshots (images) taken from that video.
This means that if you want to Use a video provided through our editorial work,
you must pay us for that Use. If you also want to use screenshots (images)
taken from that video, then you will incur a separate payment for each
screenshot at our usual rate for a single image use.
(ii)
Unless we have agreed something different in writing, You must pay according to
how many times you Use the Editorial Work. So, for example, if you have a
Licence to Use an image we have provided, your licence is to use it once in one
format. This means that if you want to Use an image twice, even if it is, for
example, in the same article, you must pay for each use.
(iii)
If the licence is for a set of images, the price it is offered for, is for the
whole set. We will not reduce the price just because you decide to only use one
image from that set.
(iv)
The licence provides rights to the person or organisation who buys that
licence. These rights/the licence does NOT extend to any associated or parent
company or business unless agreed otherwise in writing with signed
confirmation.
(3) Using our Editorial Work: It is always a
condition of this licence that when You Use our Editorial Work:
(a)
You specifically agree not to do anything that may in any way infringe upon or
undermine our rights, title, or interest whatsoever in our Editorial Work and
intellectual property.
(b)
CREDIT: (i) You must properly credit our Editorial Work in accordance
with the metadata which accompanies it. This includes, but is not limited to, a
credit to us as an Agency and, for an article, a byline (a line giving details
of the name of the writer) for the individual reporter and for an image or
video, a credit to the creator (include the name of the creator).
(ii)
If you do not do this, then (because it results in a loss of our revenue and
reputation) we reserve the right to charge you a penalty charge of £500 in
addition to any Set Rates or Standard Fees or any other payment due to us which
are also payable by You. If You refuse to pay for Editorial Work that you have
used, and we are forced to take legal action, we charge an additional £250 to
cover the additional administration. We also reserve the right to charge VAT or
any other relevant applicable government taxes and duties, together with interest
at the rate of 20% per annum and all legal costs and other reasonable costs and
expenses we incur in obtaining payment. If you have any queries in relation to
crediting our work, please email queries@newsx.media before Using our Editorial
Work.
(c)
You can never Use our Website or any Editorial Work whatsoever, either when
knowing or being reckless or negligent, if that Use is, or could in any way
perceived to be
(i)
contrary to any law, regulation or code of practice, including, but not limited
to, a criminal offence or civil liability or
(ii)
infringe any of our rights or those of any third party or
(iii)
behave or encourage anyone else to behave in any way that a reasonable person
would deem unacceptable, including, but not limited to, behaviour which is
offensive, obscene, threatening or abusive, embarrassing, malicious,
misleading, defamatory, promotes inequality, unprofessional, breaching trust
and/or confidence or bringing us or any third party into disrepute.
(4) Use by Internet Platforms and
Aggregators
(a) Any search engine, digital platform,
social media platform, or content aggregator, including but not limited to
Google (Alphabet Inc.), Meta Platforms (Facebook/Instagram), Microsoft News,
Twitter/X, and LinkedIn that uses, indexes, displays, previews, links to,
allows interaction with, or otherwise benefits from our Editorial Work in any
manner other than individual private access, will be deemed to be Using our
Editorial Work under these Terms.
(b) Unless there is a signed, written
agreement to the contrary, such Use by any platform constitutes an unauthorised
commercial exploitation of our Editorial Work. This includes, but is not
limited to:
–
Visibility and indexing of headlines, thumbnails, or excerpts
–
Engagement via previews and social media shares
–
Inclusion in content feeds, recommendation engines, or algorithmic surfacing
–
Traffic generation for other parties or advertising platforms without
reciprocal benefit
(c) Platforms that Use our Editorial Work
in this way are offered a standing editorial licence for the sum of £5,000 per
year, payable in advance or upon first Use. This licence is non-exclusive,
non-transferable, and valid for one calendar year.
(d) In the absence of such a licence or
payment, NewsX CIC reserves the right to:
–
Invoice the platform at a rate of £500 per day of unauthorised Use
–
Pursue recovery through small claims court or other legal proceedings
–
File regulatory complaints for anti-competitive behaviour or copyright abuse
(e) All platform Use must also comply with
our crediting and metadata requirements as set out in clause 4(3)(b). Failure
to do so may incur further penalties under clause 4(3)(b)(ii).
Unless
we have specifically agreed otherwise with you in writing with signed
confirmation, then the following applies:
(1)
Subject to clause 4(1)(a), if You Use
our Editorial Work in any way whatsoever, whether under a licence or based on
the editorial work performed by us or our Contributors, you must make a payment
to us.
(2)
If you ask us to provide any specific Editorial Work or commission us to do any
work for you, then we will provide You with a Proposal which will explain our
charges and any expenses which will be payable by You. Where we do not
provide You with a Proposal but You authorise us to start working we will
charge you according to our Standard Fees which are available by emailing us at
queries@newsx.media. Once You authorise us
to start working, You are deemed to have accepted our Proposal and/or Terms.
(3)
Where we have already agreed our charges, with you or the organisation you are
working for or with, for Using our Editorial Work (Set Rates), then you must
pay the amount due in accordance with those Set Rates. If you need any
clarification about Set Rates then please contact us before Using our Editorial
Work by emailing us at queries@newsx.media.
(4)
Where we have not agreed Set Rates with you then
(a)
(i) You may be able to buy a Licence from us (see clause 4) for the terms of that licence) to
Use our Editorial Work which is available on the Website only, as detailed when
you place an order on the Website. Licences are available for individual items
of Editorial Work (for example the Text of a particular article or Text and
image of an article) or a monthly subscription to use all of the Editorial Work
on our Website.
(ii)
For the avoidance of any doubt, when you purchase a Licence from the Website it
will only include a Licence to Use the specific Editorial Work on the Website
which you purchased from and will never include a Licence to Use any other Editorial
Work, including, but not limited to, Editorial Work which is provided to you
‘on spec’.
(iii)
When you buy a Licence from our Website we must receive cleared payment of the
full amount before you Use any Editorial Work. Please see clause 5(8) for non-payment or if
there are any problems with your payment.
(iv)
Consumers: If you are buying from our Website as a Consumer (the law
describes a Consumer as someone who is are buying something which isn’t for
their “trade, business, craft or profession”)
then the law gives you a legal right to change Your mind and cancel some
orders when buying from a business. If you have this legal right, then you usually
have 14 days from the date after you place your order to cancel the order.
However, when you are buying from our Website, you agree that You are able to access
digital Editorial Work from the Website (such as something that you download)
immediately and so you lose any consumer cancellation rights that may have been
available to you.
(b)
Otherwise You will be charged our usual Standard Rates for your Use of the Editorial
Work, as applies at the time of Your purchase. If you need any clarification
about this, then please contact us before Using our Editorial Work by emailing
us at queries@newsx.media.
(5)
(a) Other than Editorial Work you buy from our Website which must be paid for
in advance, You must pay us for within 14 days of whichever date is the
earliest:
(i)
the date you Use our Editorial Work or
(ii)
the date specified in any relevant Proposal or
(iii)
the date of our invoice to you.
(b)
You must always pay us using, as applicable
(i)
The price shown on the Website for the date of your first Use, for website
purchases or
(ii)
The currency shown on your invoice for other purchases/Use.
(c)
(i) Where You do not pay in the correct currency (for example the invoice asks
for payment in GBP and You pay in US dollars then You must also pay any banking
charges which we incur.
(ii)
For the avoidance of any doubt, You are always responsible for any charges
incurred by your own bank of financial institution when you make payment to us.
(6)
(a) You must always raise any queries about any invoice or payment that is due
to us within 7 days of the date it is due. We have a list of FAQ’s which relate to queries
which may be raised in relation to our invoices. If your query is not covered
by one of the FAQs, then please email your query to us at queries@newsx.media. You specifically agree
to not withhold payment for any reason.
(b)
We are a member of the National Association of Press
Agencies.
If we are unable to resolve your query, then you may have the right to object
to the invoice by making an official complaint to them – see Contact Us – NAPA
(7)
We may have specifically agreed with you, in writing, that you can operate
under a pre-arranged HMRC C&E Self-Billing Arrangement. If so, payment is
due within 30 days receipt of publication or any other Use of ‘on spec’ Editorial
Work but there are no other variations to these Terms unless we’ve agreed
otherwise with you in writing with signed confirmation.
(8) If we do not receive payment when
it is due, or if there are any problems with your payment, then we reserve the risk to demand that you stop Using our Editorial
Work and irretrievably delete any Editorial Work which you have already Used
and for which we have not received full cleared payment. This will include, but
is not limited to, You not using any use ‘On Spec’ Editorial Work, even if it
is sent to you. We also reserve the right to:
(a)
refuse to supply You with any Editorial Work, work or services in any way
whatsoever;
(b)
charge you interest from the date payment was due at the rate of 20% per annum.
(d)
remove any discounted rate which means that You will no longer be entitled to
that discount, (which will include any Set Rates which are less than our
Standard Rates) and must pay the amount due according to our Standard Rates.
(e)
charge you an admin fee of £250, together with VAT or any other relevant
applicable government taxes and duties for the admin in recovering the money
due,
(f)
recover all reasonable costs and expenses incurred in obtaining payment.
6
CONTRIBUTORS
If
You register with our Website and/or submit any of your content to us then You
also expressly agree to these Terms.
(1)
(a) (i) If You would like us to help you make your content available
(Distribute) to our Users/Media Partners, then you can become a Contributor by
uploading your Editorial Work onto the Website or, from time to time, we may
accept Editorial Work which You submit to us in another way.
(ii)
You can choose whether You upload your Editorial Work on an exclusive or
non-exclusive basis. Exclusive means that we are the only people/organisation
who You will allow to distribute your content
and allow other Users/Media Partners to use it. If you Upload Your Editorial
Work as ‘Exclusive Licence’ then we will use our best endeavours to ensure that
You will be credited in the description of the Editorial Work.
(iii)
Once uploaded, your Editorial Work may be Used by our Users/Media
Partners.
(b)
If You are a Professional Contributor (such as a journalist or photographer,
who wants to be paid for the Editorial Work they produce as a Professional,
then you must email us at queries@newsx.media before you upload any Editorial
Work onto the Website.
(2)
As a Contributor before You submit or upload Your Editorial Work You
specifically confirm and agree that
(a) You are using your name and personal information as shown on
your Government issued identity document such as Your passport, or your newsX
press card, and that You are aged 18 or over and either: (i) the owner of the
Editorial Work, (ii) have permission or rights to distribute it, or (iii) have
personally undertaken the editorial work in sourcing, verifying, and preparing
it for publication by our Media Partners. and that
(b) You confirm that either (i) you own the copyright in the
Editorial Work or have permission to license it, or (ii) you have demonstrably undertaken the editorial work of sourcing, verifying,
and preparing the content for publication, and are therefore entitled to
payment on the basis of editorial labour.
(c)
Your description of the events in any Editorial Work (including, but not
limited to, any images and/or video) is true to the best of your knowledge and
You will provide any details of this and the creation of the Editorial Work
within 48 hours of being asked to do so.
(d)
That where expected or specified You have the consent of any person featured in
the Editorial Work, including, the consent of the relevant parent or guardian
where the Editorial Work includes any person aged under 18, or who is or could
otherwise be vulnerable
(e)
You will always ensure that your Editorial Work is performed by You by
including the applicable information in the metadata, and you understand and
agree that this is your sole responsibility.
(f) As a Contributor, You either:
(i) give (grant) to us (including our company officers, employees, and
freelance partners) a perpetual, royalty-free, irrevocable licence and right to
use all or part of your Editorial Work in any way whatsoever, including, but
not limited to, distributing it to other Users or Media Partners and providing
them with a licence to Use it;
or
(ii) confirm that while you are not granting rights to the content itself, you
are submitting the Editorial Work for distribution based on your own
professional editorial contribution, such as sourcing, verifying, curating, or
preparing the content for publication, so that we may license or supply it on
the basis of that editorial effort.
In both cases, You waive any and all moral rights
in the Editorial Work.
(g)
You cannot edit or remove Editorial Work once you have uploaded or otherwise
submitted it to us.
(h)
You are always solely responsible for Your own Editorial Work
(3)
When You Upload any Editorial Work You understand that
(a)
neither we nor our Users/Media Partners have any obligation whatsoever to
accept and/or Use your Editorial Work and we reserve the right to remove it at
any time, without any notice of liability to you.
(b)
whilst we use our sophisticated software to track all Editorial Work and it’s
Use, we cannot guarantee, nor are responsible for any unauthorised use of your Editorial
Work.
(4)
If you believe that your rights have been infringed in relation to your content
you will email us at queries@newsx.media within 48 hours of you becoming aware of
it and provide us with full details of the infringement.
7
WEBSITE ACCOUNT
If
you choose to open an account on our Website then
(1)
You understand that an individual or organisation can only have one account
each.
(2)
You must provide accurate, valid and up-to-date information and always keep
that information up to date. For the avoidance of any doubt, this includes
providing information about your identity (including, but not limited to, Your
name and information as shown on your Government issued identity document such
as Your passport).
(3)
Access: (a) Access to our Website is solely your responsibility.
You must make sure that your access and, where applicable any account or log-in
details are secure. If You are aware of or suspect that there is a problem
(such as someone else accessing it) You must email us at queries@newsx.media within 48 hours of you
becoming aware of it.
(b)
We’ll always try to ensure that You can access our Website but due to the
nature of Websites and the internet, we’re not responsible if You can’t, nor
are we responsible for any issues or other consequences when you do access our
Website.
(3)
You are always responsible for your account and any activities under it.
(4)
You can close your account at any time by emailing us at queries@newsx.media
8
NOT ADHERING TO OUR TERMS (BREACH) AND YOUR INDEMNITY
(1)
If you are in breach of these Terms and/or any agreement with us in any way, or
if we reasonably suspect that you have breached them then, without prejudice to
our other rights we may:
(a)
send You a formal written warning and/or
(b)
temporarily suspend your access to our Website or from receiving any Editorial
Work ‘On Spec’ and/or
(c)
permanently stop You (including but not limited to computers using your IP
address) from accessing our Website. This may include closing any account which
You have opened and refusing to allow You to open another account, contacting
any, or all, of your internet service providers requesting that they block your
access to our Website and/or
(d)
Starting legal action against You.
(2)
If we suspend, prohibit, or block your access to our Website and/or any Editorial
Work then You agree not to take any action to circumvent such suspension or
prohibition or blocking, including without limitation creating and/or using a
different IP or account.
(3) If you are in breach of these Terms and/or any agreement with us in any
way, then You agree to indemnify us against all claims, costs and expenses
which we may incur and which arise, directly or indirectly, from your breach.
(4)
(a) Subject to our legal obligations, such as Data Protection, we will always
co-operate and work with any law enforcement officials and any Court order
and/or Government and/or regulatory bodies in
(i)
disclosing Your identity
(ii)
providing any information about You and Your Use of the Website and Editorial
Work
(b) where we
reasonably believe that a criminal offence may or could be committed that we
will inform the relevant law enforcement officials without notice and/or
liability to You.
9
LIMITATIONS OF LIABILITY:
(1)
In so far as the law allows, (including, but not limited to, Tort (including
negligence), contract or breach of statutory duty), even if it is foreseeable
and including if it is beyond our control, we will never be liable for any
indirect, incidental or consequential loss or damage, including, but not
limited to, any economic loss or loss of profit or loss of goodwill,
reputation, business, interruption, opportunity, anticipated savings, or any
loss whatsoever suffered by You or anyone else, however it was caused as a
result of your reliance on, or your use of Including, but not limited to data
breach or corruption), or your inability to use, our Website or any Editorial
Work.
(2)
You must commence proceedings within one year after you first had (or ought
reasonably to have had) both the knowledge for bringing an action and in any
event no later than one year after any alleged breach of contract, negligence
or other alleged cause of action. The provision expressly overrides any
statutory provision which would otherwise apply; it will not increase the time
within which proceedings may be commenced and may reduce it.
(3)
If we are found liable in any way then your claim would be limited to
damages which will (a) not exceed 105% of the amount you paid for the
applicable Editorial Work, or,
(b)
where we provided the Editorial Work to you free of charge, the sum of £20.
(4) Time limits
provided are estimates only and time shall not be of the essence and we will
not incur any liability to you nor any third party in respect of any failure to
supply you by any time limit.
(5)
If we and any other party or parties are liable to you together in respect of
the same claim, then we shall be liable to pay you the portion which is found
to be fair and reasonable and in accordance with these Terms and Conditions.
Therefore, we shall not be liable to pay the portion which is due to the fault
of such other party, even if you do not recover all or any money from such
other party for any reason.
10
GENERALLY
(1)
Data Protection: We aim to hold data according to current applicable
Data Protection legislation subsisting in England and Wales at the time we
process such data, and please see our Privacy
Policy.
(2)
Assignment: You specifically agree that You cannot transfer, sell or
share any rights provided by these Terms or our agreement in any way and nobody
else can benefit but You without our express written and signed consent.
(3) Third-party rights: Nothing in our
Agreement is intended to give any benefit to any third party, including any
right to enforce any Agreement with us.
(4)
Nothing in our Agreement creates a partnership, joint venture or agency
relationship between us.
(5)
Notices: Notices must be sent to the email and/or postal
addresses that either You have provided or which we have found for You and,
unless we write to you with a change, you must
email us at queries@newsx.media or by post to 30 Saint Georges Place, Canterbury, Kent, England,
CT1 1UT.
Notices
are deemed to be received when sent by:
(a)
email – on the Working Day any Monday To
Friday from 9 am to 5 pm GMT but excluding any public holiday in England) on
which they were sent, provided the sender has a valid successful delivery
receipt.
(b) post
-using any tracked service – on the date that the relevant postal service
obtains a record of receipt from or on behalf of the addressee.
(6)
Force Majeure: Neither of us will be liable for any delay or
failure to perform any obligations if the delay or failure results from events
or circumstances outside our reasonable control, including but not limited to,
acts of God, illness, pandemic, accidents, war, fire, strikes, lockouts,
failure of any communications including telecommunications or computer systems,
breakdown of plant or machinery or shortage or unavailability of raw materials
from a natural source of supply, and we will be entitled to a reasonable
extension to fulfil of our obligations.
(7)
Waiver: Nothing in our Agreement and no express or implied giving up of
any right waiver) will stop us from enforcing any of our rights in the future.
(8) Invalidity: Each section (clause) or any part at
all of our Agreement is to be regarded as independent of the others. This means
that if any clause or any part at all of our Agreement is found to be
unenforceable or invalid, it will be treated as being cut out (severed) and
will not affect the enforceability or validity of the rest of our Agreement.
(10) Governing
Law: Our
Agreement will be interpreted, construed and enforced in accordance with
English law and will be subject to the exclusive power (jurisdiction) of the
English Courts.