Except as otherwise set forth herein, by using the NEWSRX® family of websites, including NewsRx.com websites, (collectively “Our Web Sites” or “BUTTER®”) or any BUTTER®, and/or NEWSRX®, product, software, data feeds, preprint feeds, article feeds, and services provided to you on, from, or through Our Web Sites (the “Service”), you agree to these Terms and Conditions of Use and End User License Agreement (the “Terms and Conditions”) and Privacy Notice (incorporated herein by reference). NEWSRX®, its subsidiaries and affiliates, and their employees, officers, directors, and agents are collectively referred to in these Terms and Conditions as “NEWSRX®,” “We,” “Our,” or “Us.”
By accessing and using Our Web Sites, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit this site. NEWSRX® may take any action it deems appropriate, including, but not limited to, restricting your access to Our Web Sites or terminating our services to you if we determine, in our sole discretion, that you have violated these Terms and Conditions. In the event of any conflicting provision between the Terms and Conditions and the other agreements listed above, the Terms and Conditions shall control.
Please refer to these Terms and Conditions regularly. We may, at any time and without prior notice, revise these Terms and Conditions by updating this posting. Your continued use of Our Web Sites following posting of changes to these Terms and Conditions signifies that you accept such revisions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
Subject to restrictions in these Terms and Conditions: material supplied by Our Web Sites, including articles found using our search engines, is meant to be provided to you by Us as you see fit, but subject to, and subordinate to, any terms and conditions at any original third-part web site that content and links were delivered from.
You may use the services provided in Our Web Sites as long as you agree not to:
1. upload, copy, paste, or embed any information unless you have the full right to do so or have been given the right to do so if the information is owned by a third-party;
2. alter or modify any of Our Web Sites, including any service provided by us;
3. cause to be placed on any publicly accessible portion of Our Web Sites any advertising, sponsorship, or promotional material, whether or not you receive remuneration or compensation for doing so;
4. embed any links to any third-party web sites or material;
5. use or cause to be launched any automated access system, including, without limitation, “robots”, “spiders”, or “offline readers,” that access Our Web Sites. NEWSRX® does authorize public search engine providers to use those automated access systems solely for the purpose of, and only to the extent necessary, creating publicly available searchable indices of the materials, excluding caches or archives of such materials;
6. attempt to collect any personal information of any other user;
7. attempt to circumvent, disable, or otherwise interfere with any security-related feature of Our Web Sites; and
8. use any service marks and logos which are owned by NEWSRX® without express, written consent, which will be granted solely at our discretion.
You may access Our Web Sites to browse and to use our services for only lawful purposes including, but not limited to, (i) logging on to obtain access to our services, materials, and products; (ii) obtaining information about us or our services or products; or (iii) contacting us. You may not use or allow others to use Our Web Sites or our services, materials, or products for any unlawful purposes or engage in any activity that harms us or impairs any other user’s use or enjoyment of Our Web Sites, services, materials, or products, subject to our sole determination.
If you are a subscriber of our services, once you have logged to Our Web Sites, you may be granted a nonexclusive, nontransferable, limited license to access for research purposes the information or materials available on Our Web Sites subject to the specific agreements, policies, instructions, statements, laws, and regulations relating to such services and such materials.
Only individuals authorized by us may log on and access and use the services, materials, information or products available on Our Web Sites. Your identification numbers(s) may be restricted from accessing certain services, materials, or products available on Our Web Sites. Materials, products, or features may be added to or withdrawn from Our Web Sites or may otherwise be changed without notice.
You agree to be bound by the rights and obligations under these Terms and Conditions upon your use of any of Services until two (2) years after your last use of any the Services (“Term”), subject to any BUTTER® and NEWSRX® Intellectual Property rights, which may extend beyond the Term. Upon termination, and except as otherwise provided in these Terms and Conditions, you will immediately cease using any Services provided by us, including, without limitation, any books, manuscripts, articles, or publications (“Materials”) you produce as a result of your use of the Services. Subject to ongoing rights we may have, you may keep any Materials you may have in your possession that were obtained lawfully and within the scope of these Terms and Conditions. Upon termination, we may delete any copies of the Materials in our possession, either physically or electronically, at any time we deem appropriate.
If now or in the future some features of NEWSRX® are made available through a NEWSRX® User Account (“User Account”), you may have to create a User Account. You are not authorized at any time to use another user’s User Account. When you create your User Account, you must submit accurate and complete information. You take sole responsibility for your actions and activity occurring on your User Account. NEWSRX® requires that you maintain your password secure. You are solely responsible for the security of your password. If you feel that your account information has been compromised, you must notify NEWSRX® immediately. If there is an unauthorized use of your User Account, NEWSRX® will not be liable. But, you may be liable for NEWSRX® losses due to such unauthorized use.
When using the Our Web Sites, you agree:
1. not to plagiarize;
2. to abide by all intellectual property laws, including copyright;
3. that you are solely responsible for your actions and conduct when using the Services;
4. the information you may provide to establish a User Account is true and accurate; and
5. not to use or cause to be launched any automated access system, including, without limitation, “robots”, “spiders”, or “offline readers,” that access NEWSRX®, including its proprietary database. NEWSRX® does authorize public search engine providers to use those automated access systems solely for the purpose of, and only to the extent necessary, creating publicly available searchable indices of the materials, excluding caches or archives of such materials, provided no third-party copyrights are violated.
Along with other features, NEWSRX® allows you, the User, to search through our proprietary database and provides you, at your discretion, with the ability to sort, build, and organize the search results into publishable form, provided no third-party copyrights are violated. Some of our Services are provided to you at no cost to you.
Regardless of form in which you pay for the Services, if at all, we may have certain rights and privileges to the Material as part of these Terms and Conditions as well as laws of various jurisdictions around the world, including Copyright and Trademark. We also reserve the right to place or affix, in physical or electronic form, various marks that indicate that the Material was generated as a result of the use of one of our Services. You do not have the right to remove any such mark.
If in the event you use a Service that requires you make royalty payments to us, you agree not to attempt to circumvent our ability to account for your royalty payment obligations. For example, if your Material is required to be promoted, sold, or licensed on NEWSRX®, you agree not to make copies of the Material and place the Material on a third-party web site for any purpose, including promotion, sale or license. You agree and understand that you will be liable for any damages suffered by us.
We may terminate your ability to use the Services at any time at our sole discretion. If we terminate your account, we will send you a notice to your User Account email that your account will be available for twenty-four (24) hours so that you may access it to retrieve information you may need. BUTTER® maintains all its rights, including royalty or licensing rights, to the Material.
We may offer now or in the future the ability for you to publish, promote and sell the Material on our website, subject to any third-party copyrights.
If NEWSRX® offers a service in which you generate Material, you represent and warrant that for the portion of the Material you contribute:
1. you are the author or are authorized and have all necessary rights, title and licenses;
2. cannot be considered by a reasonable person to be blatantly false, defaming, libelous, or misrepresentative;
3. does not violate any right of privacy of any individual or entity;
4. does not infringe on any third-party intellectual property right;
5. does not contain any hate speech, language whose clear purpose is to incite violence or harm, any abusive or threatening language, advocates violence or conduct that can constitute criminal conduct;
6. does not violate any applicable local, state, national, or foreign law or regulation; and
7. is not an advertisement.
We may, from time to time, provide links to other outside web sites. We make no endorsement of web sites that link to or from Our Web Sites. We are not responsible for such linked web sites or the content of any of the linked web sites. We provide these links as a resource for users of Our Web Sites and make no representations regarding the content of any linked web site or any companies that own, control, or manage the linked web sites. Consequently, we are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by web sites linked to or from Our Web Sites. NEWSRX® will not and cannot censor or edit the content of any third-party web site. Your use of Our Web Sites expressly relieves NEWSRX® of any and all liability arising from your use of any third-party web site.
We take commercially reasonable steps to preserve the privacy of personal information you may submit over Our Web Sites. Be advised, however, that the security of the Internet cannot be guaranteed and, therefore, we are not responsible for any unauthorized access to communications that you submit over the Internet.
You must submit a refund request to us within 60 days of sending payment for any of the Services we provide for which the payment was made. After the 60 days, any refunds will be made at our sole discretion. Upon making a refund request, any rights that you have in any Material created as a result of your use of the Service for which the payment was made are extinguished and retroactive as if the right never existed. This policy does not apply to a refund request for an overpayment for any Service.
Notice
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the above DMCA requirements, your DMCA notice may not be valid. NEWSRX®’s designated Copyright Agent to receive notifications of claimed infringement is
Kalani Rosell
PO Box 724823
Atlanta, GA 31139
Email: kalani@newsrx.com
Fax and Phone Number: 770-507-7777
Counter-Notice
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Atlanta, Georgia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
OUR WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, AND SERVICES MADE AVAILABLE ON OUR WEB SITES, ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF OUR WEB SITES, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEB SITES. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEB SITES AND MATERIAL ACCESSIBLE FROM OUR WEB SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OUR WEB SITES INCLUDE INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE WE DESIRE THAT THE INFORMATION ON OUR WEB SITES BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS AND RELIABILITY OF SUCH INFORMATION BEFORE ACTING OR RELYING THEREON, OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH, AND YOU MUST EXERCISE YOUR OWN INDEPENDENT INVESTIGATION AND TECHNICAL AND BUSINESS JUDGMENT. WE ARE NOT RENDERING YOU ANY PROFESSIONAL OR FINANCIAL SERVICES, ADVICE BY VIRTUE OF OUR WEB SITES, OR ANY COMMUNICATIONS IN CONNECTION WITH OUR WEB SITES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE INFORMATION, CONTENT, OR SERVICES ON OUR WEB SITES OR THE ACCURACY OR RELIABILITY OF SUCH INFORMATION, CONTENT, OR SERVICES. WE RESERVE THE RIGHT, WITHOUT NOTICE, AND AT OUR SOLE DISCRETION, TO DENY ANY USER ACCESS TO OUR WEB SITES OR ANY PORTION THEREOF. YOUR USE OF OUR WEB SITES IS AT YOUR OWN RISK.
A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the materials, information or products available on Our Web Sites (“Online Materials”), (b) the unavailability or interruption of access to Our Web Sites, any features thereof, or any Online Materials, (c) your use of the Online Materials (regardless of whether you received any assistance from a Covered Party in using Our Web Sites or the Online Materials, (d) your use of any equipment in connection with Our Web Sites or the Online Materials, (e) the content of Online Materials, or (f) any delay or failure in performance beyond reasonable control of a Covered Party.
“Covered Parties” means, collectively: (a) the provider of any services available on Our Web Sites, including such provider’s affiliates and any officer, director, employee, subcontractors, agent, successor, or assign of such provider or its affiliates; and (b) each third party supplier of Online Materials, their affiliates, and any officers, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Online Materials or any of their affiliates.
THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE USE OF OR ACCESS TO OUR WEB SITES OR ONLINE MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE COVERED PARTIES.
THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR ACCESS TO OUR WEB SITES OR ONLINE MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF THE COVERED PARTIES.
You hereby agree to defend, indemnify, and hold harmless the Covered Parties from and against all claims, damages, awards, and expenses, including attorneys' fees, arising out of or resulting from your use of Our Web Sites.
These Terms and Conditions, all information on Our Web Sites, and all disputes arising out of, or relating to, Our Web Sites are governed by, and will be construed in accordance with, the laws of the State of Georgia and of the United States of America without giving effect to principles of conflicts of law. The venue for any matter relating to or arising from Our Web Sites will be in a state or federal court of competent jurisdiction in the State of Georgia.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. You affirm that you are over the age of 13. If you are not over the age of 13, you should not use Our Web Sites without the permission of your parent or guardian.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You agree and acknowledge that:
1. any claim or dispute between us that arises in whole or in part from your use of Our Web Sites shall be decided exclusively by a court of competent jurisdiction in the State of Georgia;
2. these Terms and Conditions, Privacy Notice, and Community Guidelines constitute the entire agreement between us. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect;
3. no waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision; and
4. any cause of action you may have arising out of or related to your use of Our Web Sites must commence within one (1) year after the cause of action accrues. If you do not commence such action, your rights related to the cause of action are permanently barred.
Thank you for visiting the NEWSRX® family of websites, including NewsRx.com, (collectively "NEWSRX®"). As part of our commitment to protect your personal information, the following notice applies to the website, which NEWSRX® produces and maintains.
This notice tells you:
1. What type of information NEWSRX® may gather during your website visit
2. Why the information is gathered
3. What NEWSRX® may do with the information
As a visitor and user of NEWSRX®, you are accepting the policies and practices described in this privacy notice. If you do not agree to the terms of this notice, please exit the website immediately. Continued use of NEWSRX® means you agree to the terms of this notice.
NEWSRX® does not collect information about you while you use the website, other than information automatically collected and stored about your visit, and automatically collected by GOOGLE, such as may be collected by GOOGLE Analytics. However, personal information can be collected if you voluntarily choose to provide that information to NEWSRX®.
Information Automatically Collected and Stored - Anonymous
What Is Collected
As a visitor and user of NEWSRX®, certain personal information about you may be collected, as is typical of all websites and typical of GOOGLE and GOOGLE Analytics. Note that this information does not identify you individually. NEWSRX® may automatically collect and store the following "anonymous" information about your visit:
• The Internet protocol address used to access the Internet
• The date and time of visit
• The pages visited
• The search terms used to locate NEWSRX®, if visited from a search engine
• The Internet protocol address and/or name of the previous website, if visited via a link
• The data collected by GOOGLE and/or GOOGLE Analytics
Why the Information Is Collected
The information collected may be used for statistical purposes.
How the Information Is Used
NEWSRX® may use this information to determine which areas of the website are commonly used and which documents are commonly searched. The collection of this data allows NEWSRX® to improve user satisfaction by making the website more useful to visitors. Unless specifically stated otherwise, no additional information will be collected about you.
What Is Collected
Please note that you do not have to give us personal information just to visit our website. But, in order to use certain Services, including those requiring that you open a User Account, you will have to provide personal information. We will not share your personal information that can be used to identify you with any third-party, except as may be required by law or a judicial order. You may voluntarily choose to provide NEWSRX® with personal information, including but not limited to:
• Name
• Date of birth
• User name and password
• Mailing address
• Email address
• Telephone number
NEWSRX® will collect only the necessary information required to provide you certain Services, including those required to be used under a User Account. Note that this information is protected by the Privacy Act, which restricts how NEWSRX® may use information yet permits certain disclosures.
NEWSRX® does not disclose, give, sell or transfer any personal information about website visitors, unless required by law enforcement or statute per Title 45 § 164.512.
NEWSRX® has appropriate administrative, technical and physical safeguards in place to protect your personally identifying information, including electronic and hard copy. NEWSRX® staff are trained and educated to ensure that reasonable measures are taken to safeguard protected personal, identifying information. All employees who knowingly violate the terms listed in NEWSRX®’s Privacy Program or the policies and procedures are subject to disciplinary action, including and up to possible termination and civil and/or criminal prosecution.
NEWSRX® exercise care to protect the personal information disclosed while on the website. However, the Internet prevents NEWSRX® from guaranteeing the confidentiality of the information NEWSRX® receives through the Internet.
For site security purposes and to ensure that this service remains available to all users, NEWSRX® employs software programs that monitor traffic to identify unauthorized attempts to upload or change information or otherwise damage the website. In the event of authorized law enforcement investigations, and pursuant to any required legal process, information from these sources may be used to help identify an individual.