Terms of Service
Terms and Conditions of Use
(updated February 18, 2013.)
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR SUBMITTING CONTENT IN ANY FORM OR MEDIUM FOR PUBLICATION ON THE FNC SITE AS DEFINED BELOW.
Welcome to the Internet sites of Fashion News Cloud, a division of News Cloud Overseas Corp, and its subsidiaries (collectively, the “FNC” or “We”, “Us” and/or “Our”) which reference these Terms and Conditions, including, without limitation, FASHIONNEWSCLOUD.com, (the “FNC Site”).
By continuing to use the FNC Site, or by submitting content for publication on the FNC Site (“Content”) you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and
Conditions at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video, audio or written postings etc.) added to the site shall be subject to these Terms and Conditions.
FNC may discontinue, suspend your access to the FNC site, terminate your use or terminate the FNC site: FNC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that FNC shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that FNC, in its sole discretion, believes to be in the interest of FNC and of our users as a whole. You are responsible for maintaining any required back up copies of such any content we may delete or terminate. FNC will not be liable to you with respect to its deletion of any
These Terms shall continue indefinitely until terminated by us pursuant to the provisions hereof or in accordance with applicable law.
3. PROPRIETARY NATURE FNC AND CONTENT
All rights in the FNC site and content are reserved solely for FNC: The FNC site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the Copyright Act R.S.C. 1985, c. C-42 of Canada and in trade-mark and other applicable intellectual property and proprietary rights laws, and FNC (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works. You must abide by all additional copyright notices or restrictions contained on our site.
4. USE OF FNC CONTENT
Your use of FNC content is restricted:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section 4(a). Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to engage “fair dealing” in the materials contained on or linked to our site.
(b) Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights or the rights of those parties to whose works our site provides links or access.
6. UPLOADED CONTENT
6.1 Grant of Rights
With respect to content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the FNC site (your “Contributions”), you irrevocably grant FNC the world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions and to incorporate them into other derivative works or compilations, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of FNC.
Subject to the rights expressly granted to FNC, you retain ownership of the copyright in your Contributions.
6.2 Moral Rights Waiver
You irrevocably waive your moral rights with respect to your Contributions in connection with our exploitation of the rights granted to us in these Terms.
6.3 Prohibited Content
You agree not to upload, post, transmit, distribute or otherwise disseminate or make available on or through the FNC site any content that:
(a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or contractual rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from the rightful owner to post the content and to grant us all of the rights granted herein;
(b) is obscene, profane, defamatory, libelous, slanderous, fraudulent, deceptive, threatening, intimidating, pornographic, harassing, abusive, hateful, racially or ethnically offensive, encourages or assists conduct that would constitute a criminal offence, could result in civil liability, or is otherwise objectionable, offensive, inappropriate or unlawful;
(c) implies or suggests endorsement by FNC;
(d) contains viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;
(e) contains advertising, a solicitation of funds or a solicitation for goods or services; or
(f) otherwise violates these Terms or any applicable municipal, provincial, federal or international law, order or regulation.
Re-Tweets are not endorsements of the content nor author mentioned.
6.5 Third Party Clearances
You represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.
6.5 Removal of Content
FNC has no obligation to, and does not and cannot, monitor or review every item of Content that you and other users make available through the FNC site, and FNC is not responsible for any of this Content. However, FNC reserves the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit or refuse to post any material or information, in whole or in part, without notice to you, that it deems in its absolute discretion, unacceptable, undesirable or in violation of any law or these Terms.
6.6 Responsibility for Uploaded Content
You will be solely responsible for any Content that you make available through or at the FNC site and any liability resulting from its use as contemplated in these Terms. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Content available on or through the FNC site.
6.7 Postings Non-Confidential
Any communications, comments, ideas or concepts that you post to the FNC site will be treated as non-confidential and non-proprietary. You agree that FNC and its affiliates are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
7. THIRD PARTY CONTENT
7.1 Third Party Content
You acknowledge that despite the prohibitions above, Content posted on or available through the FNC site by other end users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. FNC does not have control over Content provided by third parties and assume no responsibility or liability for such Content. FNC does not necessarily hold the opinions expressed by content contributors: opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of FNC. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content that FNC is not undertaking any obligation or liability relating to the content. FNC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. FNC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, FNC reserves the right to block or remove communications, postings or materials at any time in our sole discretion. Content you access, transmit or download using the FNC site is accessed, transmitted and downloaded at your own risk.
7.2 Third Party Web sites
Web sites accessed via links or other means from the FNC have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the FNC site should not be construed as an express or an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed by any linked web sites and we cannot guarantee the performance of any products and services provided by any advertisers or others to whose sites we link. Any dealings you have with advertisers found while accessing the FNC site are between you and the advertiser. Such third party web sites are in no way investigated, monitored or checked by us.
8. POSTING GUIDELINES
Routine checks will be made each business day between the hours of 8am and 6pm to ensure the highest quality of posts displayed. If you feel a post on the FNC site does not meet the posting guidelines please email guidelines@NewsCloudOverseas.com
9. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the FNC site, 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 FNC site; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the FNC site may contain material that is inappropriate for minors.
10. PROFESSIONAL INFORMATION DISCLAIMER
FNC may make available certain information provided by third parties 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. Use of Profession Information or other Content does not replace consultations with a
qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any Professional Information rests with you.
You further agree that FNC 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 use of, or reliance on, any Professional Information.
11. FINANCIAL INFORMATION DISCLAIMER
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available on the FNC site is: (a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security; and (c) not necessarily reflective of the views FNC. You acknowledge and agree that any request for information by you is unsolicited and will neither constitute nor be construed as investment advice by FNC. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions.
PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED
THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. FNC DOES NOT PROVIDEOR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.
You will be responsible for any harm FNC suffers or may suffer as a result of your violation of these Terms and Conditions or any breach by you or your representations and warranties: To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless FNC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section
11. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Your use of the FNC site is subject to certain disclaimers: THE FNC SITE IS AVAILABLE “AS IS.” FNC DOED NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT
MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK. OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR
INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES
FNC may be legally compelled to disclose certain information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH, SHALL ANC ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, ADVISORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULTS FROM YOUR USE OF, OR YOUR INABILITY TO USE ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS ON THE FNC SITE, DIRECTLY OR INDIRECTLY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER FNC NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
FNC’s collection, use and disclosure of personal information in connection with the FNC site is governed by applicable laws of Ontario and the laws of Canada applicable herein.
17. REMEDIES AND RECOURSE
17.1 If you are dissatisfied with the FNC site or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the FNC site.
17.2 FNC reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular IP address to the FNC site or any part thereof.
To contact FNC in connection with these Terms or the FNC site, send an e-mail to contact@NewsCloudOverseas.com
19. MISCELLANEOUS TERMS
Any dispute with FNC will be governed by the laws of the Canada: These Terms and Conditions shall be governed by the laws of Ontario applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND
CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Any disputes arising hereunder shall be governed exclusively by the laws of the Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as FNC may determine in any and all actions, disputes or controversies relating hereto. These Terms and any rules, policies, guidelines or other agreements posted by FNC constitute the entire agreement between FNC and you with respect to your use of the FNC site. No waiver by either FNC or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid or otherwise enforceable by a court of competent
jurisdiction, then that provision shall be deemed severable from these Terms and such determination shall not affect the remaining provisions contained herein.
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All Rights Reserved.