Welcome to SmartNews, Inc. (“SmartNews,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our services, including our website, mobile applications, and any other products or services provided by SmartNews (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Acceptance of Terms
By using our Services, you confirm that you are at least 18 years old (or the legal age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Changes to Terms
We may update these Terms from time to time at our sole discretion. If we make material changes, we will notify you by posting the updated Terms on our website or through other reasonable means. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms. Please review these Terms periodically for updates.
3. Description of Services
SmartNews provides a platform that aggregates and delivers news and information from various sources to help you stay informed. The Services are provided “as is” and “as available,” and we do not guarantee the accuracy, completeness, or timeliness of the content provided through the Services.
4. Eligibility
To use our Services, you must:
- Be at least 18 years old (or the legal age of majority in your jurisdiction);
- Provide accurate and complete information when registering or using the Services;
- Comply with all applicable laws and regulations; and
- Not be located in a country subject to a U.S. government embargo or designated as a “terrorist-supporting” country by the U.S. government.
5. User Accounts
Some features of the Services may require you to create an account. When creating an account, you agree to:
- Provide accurate and complete information;
- Keep your account credentials confidential;
- Notify us immediately of any unauthorized use of your account; and
- Be responsible for all activities that occur under your account.
We reserve the right to suspend or terminate your account if we suspect fraudulent, abusive, or illegal activity.
6. User Conduct
You agree not to use the Services to:
- Violate any applicable laws, regulations, or third-party rights;
- Distribute spam, malware, or other harmful content;
- Interfere with or disrupt the Services or servers;
- Attempt to gain unauthorized access to the Services or other users’ accounts;
- Engage in any activity that could harm SmartNews or its users; or
- Misrepresent your identity or affiliation with any person or entity.
7. Intellectual Property
7.1 Ownership
All content, trademarks, logos, and intellectual property associated with the Services are owned by SmartNews or its licensors. You may not use, copy, modify, or distribute our intellectual property without our prior written consent.
7.2 User Content
If you submit or post content through the Services (e.g., comments, feedback, or reviews), you grant SmartNews a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, distribute, modify, and display such content in connection with the Services. You represent and warrant that you have the necessary rights to grant this license.
8. Third-Party Content and Links
The Services may include content from third-party sources or links to third-party websites. We are not responsible for the accuracy, legality, or quality of such content or websites. Your interactions with third-party content or websites are at your own risk and subject to the terms and policies of those third parties.
9. Privacy
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Services, you agree to the terms of our Privacy Policy.
10. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, if:
- You violate these Terms;
- We suspect fraudulent, abusive, or illegal activity;
- We are required to do so by law; or
- We discontinue the Services.
Upon termination, your right to use the Services will immediately cease, and you must stop using the Services.
11. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTNEWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED $100.
13. Indemnification
You agree to indemnify, defend, and hold harmless SmartNews, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your use of the Services;
- Your violation of these Terms;
- Your violation of any applicable laws or third-party rights; or
- Any content you submit or post through the Services.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms or the Services will be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
15. Contact Information
If you have any questions or concerns about these Terms or the Services, please contact us at:
SmartNews, Inc.
Email: [email protected]