The NewsDog WeMedia Platform Agreement (this“Agreement”) is entered into by and between you (a natural person or a legalentity) (“Partner” or “You”) and NewsDog and/or its affiliates ("NewsDog"or”we”,”us”). This Agreement shall be effective as of the date you click on the "I have read and accepted the term of service" button (the "Effective Date"). By clicking the aforesaid button, you acceptand agree that, commencing from the Effective Date, this Agreement shall constitute the legally binding terms and conditions for the use of the NewsDog WeMedia Platform andits services. If you are clicking on behalf of a legal entity, you represent and warrant that you have the authority to represent that organization.
The following capitalized terms, as usedherein, have the meanings attributed to them as follows, unless otherwiseagreed:
Affiliate refers to with respect to each Party, any individual, partnership, limited liability company, association, trust or other entity or organization that, directly or indirectly, controlling, under common control with, or controlledby such Party. For purposes of the foregoing, “control” means the power to direct the management and policies of such Party, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise, and the terms “controlling” and “controlled” have correlative meanings.
Brand Features include but not limited to trademarks,trade names, designs and logos.
Contents refers to the articles, information and related materials wrote or providedby you, including but not limited to all text, images, photographs, illustrations, animations, video, sound, audiovisual combinations and musicrecordings, artwork and all other material you may access through or contributeto the Service. Including the content you provide directly through your Account, and the RSS feed and website content that you authorized us to use.
“Derivative Work” shall be defined as the work generated or developed following the date of this Agreement which is based on the Content or an underlying work in relation to the Content (including translations, musical arrangements, dramatizations, fictionalizations, motion picture versions, sound recordings, artreproductions, abridgments, condensations, or any other form in which a workmay be recast, transformed or adapted).
Details Page means the specific content pages with fullarticle text of NewsDog WeMedia Platform, the detailed information that the users want to obtain, including but not limited to other interesting material, links and recommendations.
Indexing Page means the website’s homepage or eachcategory’s homepage of NewsDog WeMedia Platform, listing the headlines orabstracts or pictures of the contents under the same category, helping usersquickly find the detailed information they want to obtain.
NewsDog WeMedia Platform Service (our service) refers to aservice provided by NewsDog that allows you to upload your contents and display to the public via NewsDog WeMedia Platform.
NewsDog WeMedia Platform refers to the application or site(s) wholly-owned, or operated or authorized or managed by NewsDog or its Affiliates.
NewsDog WeMedia Platform Account (your account): refers to the official account that you registered to use the NewsDog WeMedia Platform Service,including personal account and organization account.
2. NewsDog WeMedia Platform Account
You have to create a NewsDog WeMedia Platform Account (your Account) in order to use our Service. Your Account can be come active after authenticate by us. You agree to comply with this Agreement and any further requirements as notified by us in relation to your registration and ongoing use of your Account. Such requirements, and the Account Platform features and other services that we provide to you, may differ depending on the type of Account that you choose to register, including Personal Account, and Organization Account.
2.1 Identity Authentication
2.1.1 You must submit identity Information to authenticate your Account with us before your Account can become active. We may authentic your Account using an automatic authentication system and using various information sources. You acknowledge that we may refuse to authenticate your Account for any reason at our sole discretion.
2.1.2 You represent, warrant and undertake throughout the term that:
- you will provide us with true, accurate and complete information in relation to your Account, including in relation to your (and your Organization’s) identity, and you will promptly update us if any such information is changed in the future;
- If you are an Organization, you are validly incorporated and have the power to conduct your business.
- You acknowledge that we may require more identity Information after your account is active due to upgrade of our service or changed by Law, and you shall acceptand provide the same.
2.1.3 The identity Information for our authenticate system could not be changed after the authentication.
2.1.4 We highly respect for the safety of youraccount, and will not disclose your identity information to any third party. But the basic account information to the public shall not be included.
2.2 Use of your Account
2.2.1 You must comply with any and all other terms as notified by us in relation to your use of the Account and the provision of your Content on the NewsDog WeMedia Platform. In addition, you acknowledge and agree that:
- You shall comply with Content Restrictions of this agreement while using the Account;
- You shall not insert any digital advertisements in your Account page;
- You shall not disclose the Account information to any third party;
- You shall not gifting, lending, transferring or otherwise permitting any other person to access or use your Account, except allow your employees to access your Account for the purpose of maintaining and developing your Account.
2.2.2 You are always solely responsible for accessing and using your Account in compliance with any relevant requirementsand restrictions (including applicable laws).
2.2.3 Your Account remains our property and we can disable, reclaim and reuse the using once your breach the requirements of us.
2.3 Authorization of Your Content
2.3.1 You hereby authorizes us to use the Contents uploaded or posted under your Account, and authorizes to use the Contents of your RSS feed or website provided by you. You acknowledge and agree that we have the right to take the following action on a free of charge basis:
- store and host the Content onservers managed by us;
- index the Content;
- display the Content in Search Results Indexing Pages, and Details Pages;
- use, copy, and optimize (rendering aspect only) the Content as necessary to make the Content available through the NewsDog platform;
- distribute (directly orindirectly) and display the Content to end users through the NewsDog platform;
- use the Content internally inother products and services hold by us and our affiliates;
- display advertisement(s) in the Details Pages with the Content;
- take legal action on any infringement to the contents at our expense.
2.3.2 You understand, agree that upon uploading or posting your Content, such Content may be distributed, viewed, accessed,shared and/or commented by others. We will not be responsible for or hold liable for any use of your Content.
2.3.3 You hereby grand us a non-exclusive,non-transferable license to use the Content, during the Agreement Period for the purpose of:
- the publication of the Contenton the NewsDog WeMedia Platform to End Users and to push the Content to the End Users by sending push notification via the NewsDog WeMedia Platform,
- the marketing and promotion of the Content to End Users,
- the publication of the Contenton social media (e.g. Facebook, Twitter and etc.) for the purposes of promoting and marketing the NewsDog WeMedia Platform, and
- authorizing third-party APP platforms to push the Content to their end users.
3.1 Content Restrictions
3.1.1 You hereby represent and warrant that you are the author and copyright owner of all the Content you posted, or you legally have the rights, power or authority to your Content and to grant the rights as set forth in this agreement.
3.1.2 You hereby represent and warrant that you will comply with NewsDog WeMedia Content Policy attached hereto as Annex A.
3.1.3 You also represent and warrant that your Content and your or any other’s using of your content will not infringe,misappropriate the third party intellectual property rights, rights of publicity or privacy, or will not be in violation of any applicable law andregulation, especially be prohibited from:
- Sexually Explicit Material:Contents contain pornography are prohibited; this includes sexually explicit or erotic content, icons, titles, or descriptions.
- Product has a zero-tolerancepolicy against child sexual abuse imagery. If we become aware of content with child sexual abuse imagery, we will report it to the appropriate authorities and delete the submitting Accounts.
- Violence and Bullying: Depictions of gratuitous violence are not allowed. User Content shall not contain materials that threaten, harass or bully other users.
- Hate Speech: User Content shall not advocate against other people or organization, shall not advocate against groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or genderidentity.
- Sensitive Events: User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic eventare not allowed.
3.1.4 You agree not to display any advertisementin your contents unless otherwise agreed by us.
3.1.5 You are always solely responsible for all the legality issue of the contents you posted via your Account.
3.2 Contents Management by Us
3.2.1 We reserve the right from time to time tomodify, remove and refuse to post or distribute any of your Content which is failure to in compliance with this Agreement at our sole discretion. We also are entitled to suspend or terminate your Account due to the repeated occurrence of the same without any liability.
3.2.2 We reserve the right to make available your Content to all the NewsDog users from multiple platforms, including Android,IOS, web, H5, etc. We also reserve the right to adjust the layout of the Account page and the Content page.
3.3 Using of Your Brand
You hereby grant us a limited, non-exclusive, world-wide, royalty-free license to use your Brand Features, solely for use in connection with the Content, in the NewsDog platform and presentations, marketing materials, customer lists, financial reports and Website listings of customers related to the NewsDog platform. All uses of your Brand Features, and all good will associated therewith, shall inure solely to the benefit of you. Subject to the express license granted herein, right, title and interest in and to your Brand Features are and shall remain with you.
3.4 RSS Feeds and Websites Terms
3.4.1 You agree that we or our affiliates are authorized to use your RSS feed and/or your website content (your RSS/websitecontent) in NewsDog Platform, including using, publicly displaying, storing, reproducing, or publishing your RSS/website content or placing advertisements in such content on a free of charge basis.
3.4.2 We will use your RSS/website content asprovided by you, and will not edit or modify the text, content, or links supplied by you except to modify titles, partial text, or cover images in their display in NewsDog Platform, as determined by us in our sole discretion. We will display the partial text and any associated images provided by you in connection with the RSS or website, and will make accessible a link that will take the end users to the full article on your website.
Unless provided for to the contrary in this Agreement, any and all notices or other communications or deliveries required or permitted to be made under this Agreement shall be sent (a) if to you, tothe contact information identified by you; and (b) if to us, you could contact at: email@example.com or as otherwise provided in writing for such notice purposes.
5. Governing Law and Dispute Settlement
This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute or difference arising between the Parties in connection with this Agreement shall be at thefirst instance settled expeditiously by way of negotiations between theParties. If we aren’t able to solve the problem that way, we both agree that we will resolve any claims arising from this Agreement or the NewsDog service byfinal and binding arbitration through the Singapore International Arbitration Centre (“SIAC”) in accordance with the arbitration rules of SIAC for the time being in force. The arbitration will take place in Singapore. Either of us may file a lawsuit in court solely for injunctive relief against the other to stop misuse of NewsDog or intellectual property infringement without first going through arbitration. You agree to resolve any dispute you havewith us on an individual basis in arbitration, and not as a class arbitration, class action or consolidated proceeding of any kind.
You shall indemnify, defend and hold harmless us and our directors, officers, employees with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’fees (collectively, "Losses") based upon any third-party claim:
that our use, distribution, or display of your Content, Brand Features, or any other materials posted by youunder this Agreement infringes any third-party copyright, database right, trademark, trade secret, privacy right, or right of publicity, or is in breachof any applicable data protection or privacy laws (provided, however, that anysuch indemnification obligation may be reduced to the extent such infringementor breach of law is caused by our use of your Content in a manner prohibited by this Agreement);
related to or arising from youruse of end user data. The obligation to indemnify will be contingent upon the indemnified party:
- providing the indemnifying party with prompt written notice of any claim for which indemnification is sought;
- cooperating fully with the indemnifying party; and
- allowing the indemnifying party to controlthe defense and settlement of such claim. The indemnified party may, at its ownexpense, assist in the defense if it so chooses.
7.1 We do not represent or guarantee that you will be free from loss, corruption, attack, viruses, interference, hacking, or othersecurity intrusion and we disclaims any liability relating thereto.
7.2 We do not guarantee the accuracy of all the data or report provided by us, including but not limited to the user behavior analysis.
7.3 We do not guarantee, represent, or warrant that your use of our service will be uninterrupted or error-free, and you agree that from time to time we may remove the contents (or particular products or services therein) for indefinite periods of time, or cease to offer our servicein its entirety, at any time, without notice to you.
8. Other Terms and Conditions
If any provision of this Agreement is unlawful, void or unenforceable, you agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in this Agreement shall continue in full force and effect.
9. Changes to Terms of Service
We reserve the right to make additions, deletions, or modifications to these Terms of Service at any time without prior notification.
Annex A NewsDog WeMedia Content Policy
NewsDog WeMedia Platform (“Our Platform”) provides a free service for you to express your thoughts, show your talent and communicate with each other. In order to ensure a good experience for both users and bloggers, please read our content policy carefully. If any content violates our content policy, it will not be published on our Platform. What’s more, we may terminate your contract at our sole discretion and without liability.
Details of the Content Policy:
- Should not be less than three words but not more than 20 words.
- No abuse of punctuation.
- No slanderous, threatening, exaggerating, sexually demeaning or non-related title.
- Must be related to the content and informative.
- No fake or outdated news.
- No obscene content or related text, image or video.
- No malicious content related to blood, violence, terrorism, gambling or drugs.
- No superstitious, religiously extremist, criminally inciting content.
- The content should not be defamatory to any person, organisation or entity.
- Article should be complete and be at least more than 20 words.
- The layout should be clear and readable.
- There should be an adequate and detailed description of the image.
- No plagiarized content from other media. We have strong checks in placefor this.
- When using a summary or while paraphrasing, the source should be credited.
- No unauthorized use of image, video or article is allowed.
- No unauthorized use of corporate name, logo or title.
- No violation of personal fame, image or privacy.
- Cover image must be related to the content.
- In case of three Cover Images, they will only be visible under WiFi.
- No sensitive or sexually explicit image.
- No redirection of URL or link.
- No affiliate promotion URL should be used without our prior consent.
- No ads without our prior consent.
- No content promotion on our app/website without our prior consent.
- Introducing products is prohibited on our platform, including providing certain info on how to buy/sell products, such as phone number/address/website.
- Not allowed: Content containing extra information that is not directly related to the content, such as contact info, intention to share, irrelevant link, welcome to XXX, etc.
- Restricted: Content containing any kind of job offers, such as recruitment and employment information.