TERMS & CONDITIONS
The Newspress USA website (the Site) is a media resource service (the Service) provided by Newspress USA, Inc., a Delaware corporation (Newspress USA). The Site and the Service have been designed for the purpose of enabling the automotive industry to disseminate press releases and related information to US media. The Site is password protected and may contain information that is sensitive and not generally available to the public. The Site and the Service are intended for use by motoring journalists, professional news organizations and automotive industry personnel (collectively, Automotive Professionals). Only those applicants approved by Newspress USA will be given access to the Site.
Access to the Site is monitored. The requesting URL, the machine originating the request and the time of the request are logged for access statistics and security purposes, which may enable identification of specific users. Acceptance of the Legal Terms constitutes consent to such monitoring and logging. The Site and the Service may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third party failures. Newspress USA cannot predict or control when such downtime may occur nor control the duration of such downtime.
Subject to the terms and conditions set forth in the Legal Terms, Newspress USA hereby grants to you, and you hereby accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal use of the Site and the Service for the purpose of accessing and receiving press releases and related information for editorial and reporting purposes only, including the right to view, download, reproduce and adapt in both print and electronic form all or parts of press releases and related information made available on the Site. The press releases and related information may not be used for promotional, advertising or marketing purposes. The license shall be granted until terminated in accordance with these Terms. Except as specifically permitted by these Legal Terms, you agree not to: (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Legal Terms with/to anyone else; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance all or any part of the Site or create any derivative works or otherwise merge or utilize all or any part of the Site with or into other computer programs or other materials or attempt to discover all or any part of the Site source code; or (iii) copy, print, display, publish, distribute, download, store in a database, or transmit all or any part of the Site.
Your User ID and password are non-transferable and you agree not to allow another person to use these details to access the Site. You further agree that you will not do anything which would allow anyone who is not a registered user to gain access to the Site. If for any reason we believe that you have not complied with these requirements, we may, at our discretion, cancel or suspend your access to the Site immediately and without advance notice.
Newspress USA Content
The Site and the Service may incorporate in the materials it makes available to users software code, trade secrets, patentable subject matter and other proprietary materials, as well as text, images, audiovisual productions, opinions, statements, facts, articles or other information created or licensed by Newspress USA (Newspress Content). Newspress Content may become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Newspress Content is for your reference only and should not be relied upon by you. Newspress USA will not be liable for the accuracy of Newspress Content or for any loss or damage of any type in connection with the provision of or failure to provide the Site, the Service or Newspress Content. Newspress USA may discontinue offering any Newspress Content on the Site or through the Service at any time without notice. Newspress USA is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on the Site or in materials distributed through the Service. The content and accuracy of press material are wholly the responsibility of the originating company or organization. All information should be verified by the user prior to publication or use. Newspress Content and related materials are subject to change without notice. You assume the risk that the information and materials on the Site or disseminated through the Service may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Information on the Site and disseminated through the Service relates to the US market. It may be accessed by users internationally but users must note that the information may not be applicable to your market.
Newspress USA owns or is the licensee of all intellectual property on the Site, the material published on it, and the materials disseminated through the Service, including all design, operating software and graphics.
The press material provided to Newspress USA for dissemination on the Site or through the Service (User Content) is intended for use by Automotive Professionals in connection with their professional activities and may be viewed, downloaded, reproduced and adapted in both printed and electronic form by Automotive Professionals for the sole purpose of creating reporting and editorial content (and not for creating promotional materials) in print, broadcast or online media, and for no other purpose. All images are copyright protected and provided for editorial and reporting use only and must not be used for marketing, advertising or promotional purposes without the prior written permission of the copyright owner.
We do not claim ownership of User Content. However, by providing User Content to Newspress USA you hereby grant Newspress USA a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, host, transfer, reproduce, modify, adapt, publish or otherwise make available to the public, translate, create derivative works from, distribute, perform, display and otherwise exploit the User Content in any form, media, or technology now known or later developed solely for the purpose of enabling provision of the Site and the Service. You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to the User Content; (ii) there are no restrictions, limitations, or prohibitions which prevent or restrict you from granting Newspress USA the license above; and (iii) the User Content will not violate the user conduct restrictions set forth below. In the event that Newspress USA determines in its sole discretion that you have breached these warranties, we may immediately suspend or terminate your access to the Site and the Service.
You may not nor may you assist, encourage, or enable others to:
1. Upload, post, transmit or otherwise make available:
a. any content that is unlawful, harmful, abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, libelous, invasive of another’s privacy or which discloses private or personal matters concerning any person, or is racially, ethnically, or otherwise objectionable;
b. any material that you do not have the right to transmit under law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c. any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
d. sexually explicit material or other material that is hateful or incites violence;
e. any unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation including chain letters, junk mail, spam, and pyramid schemes;
f. any material that contains software viruses, malicious code, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage, interrupt, or limit the functionality of any computer software, hardware, telecommunications equipment, the Site, or Newspress USA’s ability to offer the Site; or
g. any content that misrepresents its source for the benefit of another, for example, by writing a fake or defamatory press release.
2. Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any of the Newspress Content;
3. Record, process, or mine information about other users;
4. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database;
5. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. Deliberately disrupt the Site with repetitive messages, meaningless messages, or “spam”;
7. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
8. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
9. Use the Site to harm minors in any way;
10. Violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; or
11. Violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, or otherwise cause harm to, the Site or Newspress Content.
Digital Millennium Copyright Act Notice and Take Down Procedure
Users or others that believe their copyright or other rights have been infringed by materials on the Site (“Claimant”) may provide Newspress USA’s Designated Agent (identified below) written notice including the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
b. A description of the copyrighted work or other work that is alleged to have been infringed;
c. A description of where material that is allegedly infringing is located on the Site;
d. The Claimant’s address, telephone number, and email address;
e. A written statement by the Claimant that he/she/it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by the Claimant, made under penalty of perjury, that the above information in the Claimant’s notice is accurate and that the Claimant is the copyright owner or is authorized to act on the copyright owner’s behalf.
Newspress USA’s Designated Agent for notice of claims of copyright or other forms of proprietary rights infringement can be reached as follows:
c/o John Rettie
655 Catania Way
Santa Barbara, CA 93105
If the disputed content was provided to Newspress USA for the Site the Service, or provided by a third party identifiable through reasonable efforts, we will give reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide the Claimant with a copy so that the Claimant may take any other steps he/she/it may consider appropriate. Newspress USA may suspend or terminate access to the Site for any user that posts infringing content on the Site or otherwise breaches the Legal Terms.
Where links to other websites and resources are provided, these are for your information only. We have no control over the content of these websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Display of such links or the names of their third party operators or owners on the Site does not imply or express any endorsement by Newspress USA of any individuals or entities referred to in the content of such linked websites, or of such third parties. You are solely responsible for any charges or obligations you may incur as a result of any dealings with such linked website operators.
Images, Documents, Videos
All images, documents and videos disseminated on the Site or through the Service may be used by Automotive Professionals solely in connection with their professional activities and may be viewed, downloaded, reproduced and adapted in both printed and electronic form by such Professionals for the sole purpose of creating reporting and editorial content (and not for creating promotional or other materials) in print, broadcast or online media, and for no other purpose. All images, documents and videos are copyright protected and provided for editorial and reporting use only and must not be used for marketing, advertising or promotional or other unauthorized purposes without the prior written permission of the copyright owner. Non-journalists may not download, reproduce or adapt images, documents or videos disseminated on the Site or through the Service other than by special request. If you wish to use any images, documents or videos disseminated on the site or through the Service in a manner not specifically authorized in this paragraph, please email Newspress USA at firstname.lastname@example.org.
You agree to defend, indemnify and hold harmless, Newspress USA, our affiliates, parent, agents, employees, directors, officers, stockholders, licensors, subcontractors and suppliers (the “Newspress Indemnitees”), from any claims, demands, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys’ fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations under the Legal Terms, including but not limited to any use of materials disseminated to or accessed from the Site or through the Service inconsistent with the user conduct requirements set forth above or the limited license granted herein, (ii) materials distributed or published by you or your company that include materials obtained from the Site or through the Service, (iii) the infringement by you, your corporation, or any third party using your account, of any intellectual property or other right of any person or entity, or (iv) your and your corporation’s access to and use of the Site, the Service or the materials provided on the Site or through the Service or participation in any activities arising from the Site or the Service. Such indemnity shall include any costs and expenses incurred by the Newspress Indemnitees in any actions taken to enforce this indemnity. Newspress USA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Newspress Indemnitees and you agree to cooperate with our defense of these claims. You agree not to settle any claim, action or proceeding against Newspress USA without the prior written consent of Newspress USA. Newspress USA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimer of Warranty; Limitation of Liability
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF ANY OF THE NEWSPRESS INDEMNITEES, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT (i) THE NEWSPRESS INDEMNITEES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR PROVIDERS OF CONTENT, (ii) THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, AND (iii) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SITE AND THE SERVICE. YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE, THE SERVICE AND THEIR CONTENT ARE PROVIDED “AS IS,” AND “AS AVAILABLE” FOR YOUR USE ONLY IN ACCORDANCE WITH YOUR LIMITED LICENSE, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE AND THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES, AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE NEWSPRESS INDEMNITEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE SITE OR SUBMITTED TO NEWSPRESS USA. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT THAT THIS SECTION IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST ANY NEWSPRESS INDEMNITEE SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR ANY NEWSPRESS INDEMNITEE WITHOUT OUR EXPRESS WRITTEN CONSENT.
Validity of Electronic/Internet Contracts
The Legal Terms shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand-executed agreement is subject will govern the Legal Terms. A printed version of the Legal Terms shall be admissible in judicial or administrative proceedings based upon or relating to the Legal Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Choice of Law
The Legal Terms will be governed and construed in accordance with the laws of the State of Delaware applicable to agreements made and wholly performed in that state, without regard to the choice of law provisions thereof.
You will resolve any claim, cause of action or dispute with Newspress USA arising out of or relating to the Legal Terms or the Site exclusively in state or federal court located in the State of Delaware. You agree to submit to the personal jurisdiction of the courts located in the State of Delaware for the purpose of litigating all such claims. You agree that any cause of action arising out of or related to the Site or the Legal Terms must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you wish to contact Newspress USA for any reason, please contact us at: Email: email@example.com, or use the “Contact Us” link on the Site.
Use of the Site and the Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Legal Terms, including without limitation this Section. Section headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Legal Terms.
Waiver of any breach or default under any provision of the Legal Terms shall not be effective unless it is in writing and executed by Newspress USA, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision. The Legal Terms constitute the entire agreement between you and Newspress USA and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Newspress USA with respect to the Site and the Service. If any provision of the Legal Terms is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Legal Terms shall continue in full force and effect. Any rights not expressly granted herein are reserved.
Any provision which by its nature or express terms should survive will survive termination or expiration of these Terms, including but not limited to User Indemnity, Disclaimer of Warranty; Limitation of Liability, Choice of Law, and this Section.
These Terms were last updated on 4th April, 2012.
Newspress USA controls, owns, and manages the information collected from you on the Site or through the Service and may use the information solely for its own purposes.
What personal information do we obtain and process and why?
a. In order for you to be able to access and use the Newspress USA updating, archive and daily release services, you need to register with Newspress USA. During the registration process, we will obtain certain information from you. This information will include your name, contact details and your categories of interest.
b. When you send email or other communications to Newspress USA for customer service or other reasons, we retain those communications in order to process your inquiries, respond to your request and improve the Site and the Service.
d. Due to communications standards on the Internet, when you visit the Site we automatically receive the URL of the website from which you accessed the Site and the website to which you are going when you leave our Site. We also receive the Internet protocol (“IP”) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, your mobile device and mobile operating system, as well as the name of your ISP or your mobile carrier. We may also receive location data passed to us from third party services or GPS-enabled devices that you have enabled.
e. We use the personal information we obtain from you:
i. to administer your registration to the Site;
ii. for administration of the Site and the Service and statistical analysis;
iii. to supply you with the press information and services requested by you;
iv. to monitor, maintain, administer, enhance or develop the Site and the Service;
v. to contact you with service-related announcements from time to time (You may opt out of all communications except essential updates as described in the “Opt Out” section below.); and
vi. as provided under “Sharing of information with third parties” set forth below.
f. We would like to contact you from time to time to provide you with information about:
i. Newspress USA;
ii. Changes to our services that we think may be of interest; and
iii. The products and services of carefully selected organizations that we think may be of interest (primarily press information).
g. We may contact you by phone, mail or email to supply you with press information. You may opt out of these services as described in the “Opt Out” section below.
By registering with Newspress USA and accepting the Legal Terms:
a. you have accepted and agreed that certain information about you will be captured electronically or otherwise and transmitted to Newspress USA and, potentially, to any third parties as set forth herein; and
If you do not agree with these acknowledgements, you may opt out of certain information sharing as set forth in the Opt Out provision below or discontinue use of the Site and the Service.
Refreshing your details
You can update your personal record within the Newspress USA website by accessing the Your Account tab at the top of every page.
Sharing of information with third parties
We do not sell, rent, or otherwise provide your personally identifiable information to third parties, except as follows:
a. We may disclose such information to selected third parties, for the limited purpose of contacting you to provide press information that they think may be of interest to you.
b. Site usage statistics and individual press release usage statistics are provided to our clients in the form of reports, which may include the name of those viewing particular press releases.
c. We may employ independent contractors, vendors and suppliers to support our services and the Site. These outside contractors may sometimes have limited access to information collected from you, including your personally identifiable information, in the course of providing products or services to us. Access to your personally identifiable information by these outside contractors is limited to the information we determine, in our sole discretion, to be reasonably necessary in order for them to perform their function for us.
d. We may also disclose your personally identifiable information to third parties in connection with a corporate transaction, such as a merger, acquisition by another company or sale or other transfer of all or a portion of our business or assets (including our associated customer lists containing your personal information).
We will not otherwise share your personally identifiable information without your explicit consent unless disclosure is reasonably necessary in our opinion to (i) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce this policy; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is a Site user, individual, or governmental agency; (iv) respond to customer service inquiries; or (v) protect the rights, property, or personal safety of Newspress USA, Site users, Service users or the public.
The security of your personally identifiable information is important to us. We have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect on the Site or through the Service from unauthorized access. Notwithstanding our commitment to protect your information, you should be aware that there is always some risk involved in transmitting information over the Internet. Additionally, there also is some risk our security systems could be circumvented or breached. As a result, we cannot ensure or warrant the security and privacy of any information you transmit to Newspress USA, and you do so at your own risk. If you have any questions regarding the security of the Site or the Service you can contact our privacy team at the email address set forth above.
Deactivating or Deleting Your Account
If you want to stop using your account with Newspress USA you may deactivate it or delete it. The account can only be deleted by providing notice to Newspress USA by contacting our privacy team at the email address set forth above. When you deactivate an account, we save your information in case you later decide to reactivate your account. Many users deactivate their accounts for temporary reasons and in doing so are asking Newspress USA to maintain their information until they return to the Site or begin using the Service again. When you delete an account, it is permanently deleted from the Site and the Service. You should only delete your account if you are certain you never want to reactivate it. Removed and deleted information may persist in backup copies, but will not be available to others.
You may at any time opt-out of receiving communications from Newspress USA and/or request that we discontinue providing your basic contact information to third parties as set forth in this policy by changing your preferences in the Your Account section of the Site or by contacting our privacy team at the email address set forth above. Please note that if you decide to opt-out of receiving communications from Newspress USA or request that we discontinue providing your basic contact information to third parties, your change in preference will only affect future contacts; if the information already has been provided to third parties, they may continue to use it.
The Site and the Service is for approved motoring journalists, professional news organizations and automotive industry personnel and is not directed toward those under 13 years of age.
Consent to Collection and Processing in the United States
By using the Site and the Service, you consent to having your personal data transferred to and processed in the United States.
Please also see our Terms & Conditions.