Changes to this Agreement
This Agreement is effective as of September 1, 2010. We reserve the right, in our sole discretion, to modify, alter, or otherwise change this Agreement and/or any additional terms at any time, and such modifications, alterations, or other changes will be effective upon posting by us to this App. We will provide notice of such change on this App. Your continued use of this App constitutes your acceptance and agreement to be bound by these changes. If at any time you do not accept these changes, you must discontinue use of this App and / or uninstall the App.
General Use of the App
The content on this App, except User Submissions (as defined below), including without limitation, the articles, other text, photographs, images, illustrations, graphics, software, scripts, sounds, music, videos, interactive features and the trademarks, service marks and logos contained therein ("Content"), are owned by or licensed to News Synergy. Content on the App is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of News Synergy. News Synergy reserves all rights not expressly granted in and to the App and the Content.
You agree not to use the App, for any commercial use, without prior written authorization of News Synergy.
You may inquire about obtaining consent by writing:
Legal Department
News Synergy
5001 American Blvd W, Suite 400
Bloomington, MN 55437
By Email: legal@NewsSynergy.com
Associated Press
Associated Press text, photo, graphic, audio/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal use. AP will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
User Submissions News Synergy application users may submit video, images and photos, ("User Submissions"). You understand that whether or not such User Submissions are published, News Synergy does not guarantee any confidentiality with respect to any User Submissions.
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: you own or have the necessary licenses, rights, consents, and permissions to use and authorize News Synergy 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 App and these Terms of Use.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to News Synergy, you hereby grant News Synergy a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the News Synergy App and News Synergyís (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Submission (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the News Synergy App a non-exclusive license to access your User Submissions through the App , and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the App and under these Terms of Service.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant News Synergy all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
News Synergy does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and News Synergy expressly disclaims any and all liability in connection with User Submissions. News Synergy does not permit copyright infringing activities and infringement of intellectual property rights on its App, and News Synergy will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. News Synergy reserves the right to remove Content and User Submissions without prior notice.
Additional Terms of Use
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the News Synergy App.
You agree not to alter or modify any part of the App, including but not limited to News Synergyís video player or any other related technologies.
You agree not to access User Submissions or News Synergy Content through any technology or means other than the video playback pages or image display pages of the App itself, the News Synergy video player, or other explicitly authorized means News Synergy may designate.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the App in a manner that sends more request messages to the News Synergy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line App browser. Notwithstanding the foregoing You agree not to collect or harvest any personally identifiable information, including account names, from the App, nor to use the communication systems provided by the App (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the App with respect to their User Submissions.
You may access User Submissions solely:
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the News Synergy App to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
User Generated content is made available to you for your information and personal use solely as intended through the normal functionality of the News Synergy App service. User Generated Content is made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the News Synergy App service or otherwise as prohibited under this Agreement.
You may access News Synergy Content, User Submissions and other content only as permitted under this Agreement. News Synergy reserves all rights not expressly granted in and to the Content and the News Synergy App service.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the App for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the News Synergy App or features that prevent or restrict use or copying of any Content or enforce limitations on use of the News Synergy App or the Content therein.
You understand that when using the News Synergy App, you will be exposed to User Submissions from a variety of sources, and that News Synergy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against News Synergy with respect thereto, and agree to indemnify and hold News Synergy, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the App.
Accounts, Security, Passwords
If the App requires you to open an account, you must complete the specified registration process by providing complete and accurate information as requested by the applicable App registration form. You are responsible for maintaining the completeness and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have completed the registration form, you may be asked to choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. You are responsible for any and all activities that occur under your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the additional terms applicable to the App feature for which you are registered.