This Terms of Use Agreement (Agreement) governs your use of the PressDisplay Service. By using the PressDisplay website and the services offered herein, you indicate your acceptance to be bound by this Terms of Use.
| Definitions | ||
The PressDisplay Service or the Service is the on-line service operated by NewspaperDirect Inc. (NewspaperDirect or We), including the PressDisplay Website, that provides you with the capability to read online electronic versions of publications. The PressDisplay Website is NewspaperDirect website, located at www.PressDisplay.com. You means a customer of the PressDisplay Service (to the exclusion of business users) and/or visitor of the PressDisplay Website. Account means your PressDisplay Service account, including user name and password information.
| 2. Registration and Security |
When you register, you choose a password and provide your email and other information. You're responsible for providing accurate registration information and for updating it as required. You are responsible for maintaining the confidentiality of your password. Our current Privacy Policy is available at www.PressDisplay.com.
| 3. User Responsibilities |
You may only use the PressDisplay Service (a) for lawful purposes, (b) in accordance with this Agreement, any operating rules established by NewspaperDirect. You may not restrict or inhibit any other person from using or enjoying the PressDisplay Service. You will not use the PressDisplay Service in jurisdictions where prohibited by applicable law.
You may use the PressDisplay Service as an individual and are prohibited from sharing your user account and login information with any other individual.
Certain subscription plans are provided for Personal Use only. For Business Use or for use other than occasional casual reading of content, you shall only acquire a subscription plan which is fitted for such use (e.g. Corporate Unlimited or Professional Unlimited).
Should you be found in violation of this specific policy, NewspaperDirect reserves the right to invoice you for unauthorized use of the PressDisplay Service for either the actual cost of royalties owed to Third Party Content providers and/or other Intellectual Property Rights owners, or for the cost of the subscription plan which is applicable to your actual use of the PressDisplay Service.
| 4. Changes to the PressDisplay Service and Pricing |
NewspaperDirect may, at any time, change or discontinue any aspect or feature of the PressDisplay Service, including content, subscription plans and features, pricing, hours of availability, equipment or the software needed for access or use. PressDisplay may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
| 5. Submissions |
The Service may provide features that allow you to post messages and content, to interact with us and other users and to upload files, documents, URLs or other materials (collectively, Submissions). When using any of the features of the Service which allow you to post, upload or make Submissions, it is a condition of your use of the Service that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Service, interfere or attempt to interfere with the proper workings of the site or do anything which in our sole discretion imposes an unreasonable or disproportionately large load on our Service infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Service for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
By posting or uploading Submissions to the Service, you grant us a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sub-licence to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) agree to waive all moral rights in any Submission in our favour; (ii) consent to your Personal Profile Information appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that we are not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Service will be considered non-confidential.
Either NewspaperDirect, or any third-party provider of information, may review Submissions before they are posted, and may refuse to post any Submission to the Service. Furthermore, NewspaperDirect and any third-party provider of information reserve the right, in our sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable.
Neither NewspaperDirect, nor any third-party provider of information, are not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of NewspaperDirect, or respective author(s), or publisher(s). While we are under no obligation to investigate any complaint regarding any Submission, NewspaperDirect and any third-party provider of information may, in our sole discretion, investigate complaints and take any actions we deem appropriate in the circumstances, including, without limitation, removing the offending communication from the Service and terminating the submitting party's right to access and use the Service (or any portion thereof).
| 6. Widgets |
NewspaperDirect may provide you with ability to access this Service’s widgets, which can be placed on personal and public web sites that you either own or are legally permitted to access on your computer’s desktop. You may not place the widget on a site which is considered unsuitable (at our sole discretion). Unsuitable sites include, but are not limited to, those that:.
The widget is made available to you by us for your personal or non-commercial use only. You must not use the widget in a manner that may damage, disable, overburden or impair our services. You must not use the widget in a manner that may interfere with any other party's use or enjoyment of our services.
You may not change or modify any widget or any component of a widget in whole or in part. For example, you may not remove or alter any proprietary notice or legend on any widget regarding our proprietary rights in such widget. You may also not use any widget in violation of applicable law. For example, you may not use a widget to display, transmit or otherwise provide access to any unlawful, infringing, libellous, obscene or harassing content of any kind. You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a widget. To the extent that any such data or information is collected by us, we exclusively own such data or information and may use such data or information for any lawful purpose. The provisions of this paragraph are in addition to, and not intended to limit or modify, the proprietary rights paragraph of these terms.
| 7. Intellectual Property |
The PressDisplay Service contains copyrighted material, trademarks and other proprietary information. Without limiting the scope of NewspaperDirect' intellectual property rights, you acknowledge that NewspaperDirect and/or its licensors own intellectual property rights in (i) the content included within the publications; (ii) the PressDisplay Service, the content contained within it; (iii) the selection, coordination, and arrangement of the PressDisplay Website and the publications contained within it; and (iv) the trademarks used in connection with the Service. Publications available with the Service are for your personal use with the PressDisplay only and may not be modified, reverse engineered, redistributed, sold, publicly displayed, licensed, rented, or otherwise provided to a third party or commercially exploited. We do not grant you any licenses express or implied, to the intellectual property of PressDisplay or our Publishing partners except as expressly authorized in this Agreement.
| 8. Third Party Content |
NewspaperDirect is a distributor (and not a publisher) of content supplied by third parties and has no editorial control over the content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including those made in publications offered by our Service, are those of the respective author(s) or publisher(s) and not of NewspaperDirect. Neither NewspaperDirect nor any third-party provider of information guarantees the accuracy, timely availability, completeness, or usefulness of any content. Under no circumstance will we be liable for any loss or damage caused by your reliance on information obtained through the PressDisplay Service. The PressDisplay Service may contain links to other Internet sites and third-party resources. We are not responsible for either the availability of these outside resources or their content.
| 9. Price and Availability of Third Party Content |
Newspapers at PressDisplay Service are made available to end users on a monthly subscription basis. The price of a subscription plan to PressDisplay Service provides you with specified number of credits. Each credit entitles you to read online one issue of any periodical of choice available with PressDisplay Service and use the features included in the plan. This issue is considered to be purchased and could be revisited with no credits required. Depending on a subscription plan, the back issues are made available for up to 14 days. All unused credits expire on the subscription expiration date and could not be transferred or rolled over to the subsequent months.
| 10. Fair Use Policy |
Summary:
It is important to Us and Our Third Party Content providers that use of content on the PressDisplay Service is done in accordance with the applicable compensation levels and other business and legal considerations. Accordingly, We have devised a Fair Use Policy which applies to:
(a)access of publications on the Service; and
(b)sharing of content on the Service.
We reserve the right to vary the terms of the Fair Use Policy from time to time.
We may rely on the Fair Use Policy where:
(a) your usage of the Service is excessive or unreasonable; or
(b) your sharing of content is excessive or unreasonable,as defined below.
Excessive or Unreasonable Use
(a) In the case of usage of the Service, excessive use will be use above 100 issues of publications under Personal Unlimited account per User per month, above 250 issues of publications under Corporate Unlimited account per User per month, above 500 issues of publications under Professional Unlimited account per User per month.
(b) In the case of sharing the content, excessive use will be use above 20 shared content items under Personal Unlimited account per User per month, above 100 shared content items under Corporate Unlimited account per User per month, above 200 shared content items under Professional Unlimited account per User per month.
Our Rights
Where You are in breach of this Fair Use Policy, We may contact You to discuss changing Your usage so that it conforms to this Fair Use Policy.
If, after We have contacted You, Your excessive or unreasonable use continues, We may, without further notice to You:
(a) suspend or limit the Service (or any feature of it) for any period We think is reasonably necessary; and/or
(b) terminate Your agreement in accordance with the relevant Part of Section Termination in this Agreement
| 11. PressDisplay Service Refund Policy |
We make no guarantee that you will be entitled to any refund for subscription purchases. A pro-rata refund of the unused portion of a current subscription may be granted at our discretion.
| 12. Currency Conversion and Associated Fees |
NewspaperDirect shows prices in US dollars. When you purchase a subscription plan to PressDisplay service, NewspaperDirect will charge you a price in US dollars. If your bank or a credit card company converts US dollars to your local currency, the resulting price may fluctuate depending on the changes in the conversion rate. Your credit card company may charge you a fee for this service. NewspaperDirect is not responsible for any fees that your bank or credit card company charges for performing currency conversion, conversion rate or changes in the conversion rate.
| 13. PressDisplay Auto-Renew and Cancellation Policy |
Subscriptions purchased to PressDisplay Service are auto-renewed at the end of the subscription term. However, you may cancel your subscription at any time. In case of cancellation no refund is granted for the unused portion of the cancelled subscription.
| 14. Disclaimer of Warranty |
(A) THE PRESSDISPLAY SERVICE IS PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, NONINTERFERENCE, ACCURACY OF DATA, ACCURACY OF TRANSLATION, AVAILABILITY, TIMING, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(B) WITHOUT LIMITING THE FOREGOING, NEITHER NEWSPAPERDIRECT NOR ITS AFFILIATES, LICENSORS, OR AGENTS WARRANT THAT THE PRESSDISPLAY SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRESSDISPLAY SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED IN CONNECTION WITH THE PRESSDISPLAY SERVICE. YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY, TYPICALLY THROUGH A THIRD PARTY INTERNET SERVICE PROVIDER. PRESSDISPLAY IS NOT RESPONSIBLE FOR ISSUING REFUNDS BASED ON YOUR INABILITY TO CONNECT TO PRESSDISPLAY SITE OR VIEW THE NEWSPAPERS.
| 15. Limitation of Liability |
IN NO EVENT WILL NEWSPAPERDIRECT OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRESSDISPLAY SERVICE. YOU ACKNOWLEDGE THAT (I) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE PRESSDISPLAY SERVICE; AND (II) NEWSPAPERDIRECT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES INCLUDING NEWSPAPERDIRECT LICENSORS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
| 16. Indemnification |
You agree to defend, indemnify and hold harmless NewspaperDirect, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use or inability to use of the PressDisplay Service. You agree to fully cooperate as reasonably required in the defense of any such claim.
| 17. Monitoring |
We have the right, but not the obligation, to monitor the PressDisplay Service (i) to determine compliance with this Agreement and any operating rules established by NewspaperDirect; and (ii) to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of NewspaperDirect licensors' obligations.
| 18. Revisions to the Terms of Use |
NewspaperDirect shall have the right at any time to change or modify this Agreement. You will be effectively notified when (i) we prominently display the revised Terms of Use Agreement on the PressDisplay website; or (ii) you are notified by any other means that would make a reasonable person aware of the new Terms of Use Agreement. Your continued use of the PressDisplay Service after notice of the new agreement constitutes your acceptance of the new agreement.
| 19. Termination |
Either NewspaperDirect or you may terminate this Agreement at any time. Without limiting the foregoing, we have the right to immediately terminate your Account in the event that you breach this Agreement. If your Account is terminated, you are and will remain responsible for all charges incurred up to the time of the termination. The provisions of Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive termination of this Agreement.
| 20. Miscellaneous |
This Agreement and any operating rules for the PressDisplay Service established by NewspaperDirect constitute the entire agreement between us with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Province of British Columbia, Canada without regard to its conflict of laws rules. For any suit, action or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to personal jurisdiction and exclusive venue of the Canadian Court, Province of British Columbia in the city of Vancouver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.