Welcome to News Groper, a service that allows Users to access and contribute to fake parody blogs relating to well-known personalities. The services offered by NewsGroper.com ("NewsGroper.com" or "we") include the NewsGroper.com website (the "News Groper Website") and any other features, content, or applications offered from time to time by NewsGroper.com in connection with the News Groper Website (collectively, the "News Groper Services").
This Terms of Use Agreement sets forth the legally binding terms for your use of the News Groper Services. The term "User" refers to you and anyone else who either browses the News Groper Website or uses any of the News Groper Services. You are only authorized to use the News Groper Services if you agree to abide by this Agreement. Please carefully read this Agreement and save it. If you do not agree with this Agreement, you should leave the News Groper Website and discontinue use of the News Groper Services. By accessing NewsGroper.com, contributing to our fake parody blogs and/or making any other use of the News Groper Services, you signify that you have read, understand and agree to be bound by this Agreement.
NewsGroper.com may modify this Agreement from time to time and each such modification shall be effective upon posting on the News Groper Website. You agree to be bound to any changes to this Agreement when you use the News Groper Services after any such modification is posted. Thus, it is important that you review this Agreement regularly to make sure that you are updated as to any changes.
Please choose carefully the information you post on NewsGroper.com. The information you post may not include any photographs containing nudity or any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Other Users may post Content that may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and NewsGroper.com assumes no responsibility or liability for such Content. If you become aware of misuse of the News Groper Services by any person, please contact News Groper.
NewsGroper.com reserves the right, in its sole discretion, to refuse to post, to remove, or to reject any posting by you, or to restrict, suspend, or terminate your access to all or any part of the News Groper Services at any time, with or without prior notice, and without liability. News Groper expressly reserves the right to restrict, suspend, or terminate your access to any part of News Groper Services if News Groper determines, in its sole discretion, that you pose a threat to News Groper and/or its Users.
- Eligibility. Use of the News Groper Services is void where prohibited. You hereby represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the News Groper Services does not violate any applicable law or regulation. Your use of the News Groper Services may be terminated without warning, if we believe that you are under 18 years of age.
- Term. This Agreement shall remain in full force and effect while you use the News Groper Services. NewsGroper.com may terminate your use of the News Groper Services at any time, without warning. Even after you stop being a User, this Agreement will remain in effect.
- Non-commercial Use. The News Groper Services are for the personal use of our Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by NewsGroper.com. Illegal and/or unauthorized use of the News Groper Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the News Groper Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the News Groper Services.
- Rights in Content on NewsGroper.com.
- Users who have accepted News Groper’s Independent Contractor/License Agreement may post text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") on the News Groper Services. By displaying or publishing ("posting") any Content on or through the News Groper Services, you hereby agree to the terms and conditions of News Groper’s Independent Contractor/License Agreement.
- The News Groper Services contain Content of NewsGroper.com ("NewsGroper.com Content"). NewsGroper.com Content is protected by copyright, trademark, patent, trade secret and other laws, and NewsGroper.com owns and retains all rights in the NewsGroper.com Content and the News Groper Services. NewsGroper.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the NewsGroper.com Content (excluding any software code) solely for your personal use in connection with viewing the News Groper Website and using the News Groper Services.
- The News Groper Services contain Content of Users and other NewsGroper.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the News Groper Services.
- Content Posted.
- NewsGroper.com may delete any Content that, in the sole judgment of News Groper, violates this Agreement. NewsGroper.com assumes no responsibility for monitoring the News Groper Services for inappropriate Content or conduct. If at any time NewsGroper.com chooses, in its sole discretion, to monitor the News Groper Services, NewsGroper.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the News Groper Services. NewsGroper.com does not endorse and has no control over the Content. Content is not necessarily reviewed by NewsGroper.com prior to posting and does not necessarily reflect the opinions or policies of NewsGroper.com. NewsGroper.com makes no warranties, express or implied, as to the Content.
- Content/Activity Prohibited. The following list provides examples of the types of Content that is prohibited to post on or through the News Groper Services. NewsGroper.com reserves the right to investigate and take appropriate legal action against anyone who, in NewsGroper.com's sole discretion, violates this provision, including, without limitation, by removing the offending Content. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of NewsGroper.com:
- is illegal;
- is patently offensive;
- violates the copyright or any other rights of any third party;
- harasses or threatens, or advocates the harassment or threatening of, another User or other person;
- contains nudity, violence, or offensive subject matter or contains a link to a website that contains such material;
- solicits personal information from anyone under 18;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes any activity that is abusive, threatening, obscene, defamatory or libelous;
- promotes any illegal or copyright infringing work, such as providing links to pirated or unauthorized programs or works;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- involves the transmission of any harmful executable code
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes any photograph of another person without that person's consent;
- involves criminal or tortious activity including, without limitation, child pornography, fraud, drug dealing, gambling, stalking, or theft of trade secrets;
- advertising to, or solicitation of, other Users to buy or sell any products or services;
- using any information obtained from the News Groper Services in order to contact, advertise to, solicit, or sell to any other User;
- interfering with, disrupting, or creating an undue burden on the News Groper Services or the networks or services connected to the News Groper Services;
- attempting to impersonate another User;
- using any information obtained from the News Groper Services in order to harass, abuse, or harm another person;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the News Groper Services on behalf of that person, such as posting blogs with a commercial purpose, or sending messages with a commercial purpose; or
- using the News Groper Services in a manner inconsistent with any and all applicable laws and regulations.
The foregoing is only a partial list of the kind of Content and activity that is prohibited on the News Groper Website and through the News Groper Services. NewsGroper.com reserves the right to investigate and take appropriate legal action, in NewsGroper.com's sole discretion, against any person that violates this provision including, without limitation, reporting such person to law enforcement authorities.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the News Groper Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the News Groper Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. NewsGroper.com's Copyright Agent for notice of claims of copyright infringement can be reached by email at hello@NewsGroper.com.
- User Disputes. You are solely responsible for your interactions with other NewsGroper.com Users. NewsGroper.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
- Privacy. Use of the News Groper Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
- Disclaimers. NewsGroper.com is not responsible for any incorrect or inaccurate Content posted on the News Groper Website or in connection with the News Groper Services, whether caused by Users of the News Groper Services or by any of the equipment or programming associated with or utilized in the News Groper Services. Materials posted by Users on the News Groper Website may contain links to other websites. NewsGroper.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by NewsGroper.com. Inclusion of any linked website on the News Groper Services does not imply approval or endorsement of the linked website by NewsGroper.com. When you access these third-party sites, you do so at your own risk. NewsGroper.com takes no responsibility for third party advertisements which are posted on this News Groper Website or through the News Groper Services, nor does it take any responsibility for the goods or services provided by its advertisers. NewsGroper.com is not responsible for the conduct, whether online or offline, of any User of the News Groper Services. NewsGroper.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. NewsGroper.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the News Groper Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the News Groper Services. Under no circumstances shall NewsGroper.com be responsible for any loss or damage, including personal injury or death, resulting from use of the News Groper Services, from any Content posted on or through the News Groper Services, or from the conduct of any Users of the News Groper Services, whether online or offline. The News Groper Services are provided "AS-IS" and as available and NewsGroper.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NewsGroper.com cannot guarantee and does not promise any specific results from use of the News Groper Services.
- Limitation on Liability. IN NO EVENT SHALL NEWS GROPER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE NEWS GROPER SERVICES, EVEN IF NEWS GROPER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEWS GROPER.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEWS GROPER.COM FOR THE NEWS GROPER SERVICES, BUT IN NO CASE WILL NEWSGROPER.COM’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO NEWSGROPER FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM NEWSGROPER.COM, REGARDLESS OF THE CAUSE OF ACTION.
- Disputes. If there is any dispute about or involving the News Groper Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, County of New York. Either NewsGroper.com or you may demand that any dispute between NewsGroper.com and you about or involving the News Groper Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent NewsGroper.com from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold NewsGroper.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the News Groper Services in violation or alleged violation of this Agreement and/or arising from a breach or alleged breach of this Agreement and/or any breach or alleged breach of your representations and warranties set forth above and/or if any Content that you post on the News Groper Website or through the News Groper Services causes NewsGroper.com to be liable to another.
- Other. This Agreement is accepted upon your use of the News Groper Website or any of the News Groper Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and NewsGroper.com regarding the use of the News Groper Services. The failure of NewsGroper.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. NewsGroper.com is a trademark of News Groper, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: hello@NewsGroper.com with any questions regarding this Agreement.