Because Your Online Reputation is Just as Important as your Offline Reputation

TERMS OF USE

  1. Your Acceptance
  2. A. By using and/or visiting this website (collectively, including all content and functionality available through the ManageYourNews.com domain name)(the "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use") and (2) ManageYourNews"s privacy notice, found on this website and incorporated herein by reference. If you do not agree to any of the Terms of Use or the privacy notice, please do not use the Website.

    B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. ManageYourNews may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer to you any third-party rights or benefits.

  3. ManageYourNews Website
  4. A. These Terms of Use apply to all users of the Website, including users who are also contributors of content, information, and other materials or services on the Website. The Website includes all aspects of ManageYourNews, including but not limited to all products, software and services offered via the Website.

    B. The Website may contain links to third party websites that are not owned or controlled by ManageYourNews. ManageYourNews has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ManageYourNews will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ManageYourNews from any and all liability arising from your use of any third-party website.

    C. Accordingly, we encourage you to be aware of the terms of conditions and privacy policies of other third party websites and to read the terms and conditions and privacy policy of each such other website that you visit.

  5. ManageYourNews Accounts
  6. A. In order to access some features of the Website, you may have to create a ManageYourNews account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ManageYourNews immediately of any breach of security or unauthorized use of your account.

    B. Although ManageYourNews will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ManageYourNews or others due to such unauthorized use.

  7. General Use of the Website -- Permissions and Restrictions
  8. ManageYourNews hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

    A. You agree not to distribute in any medium any part of the Website, other than User Submissions (defined below), without ManageYourNews's prior written authorization.

    B. You agree not to alter or modify any part of the Website, including but not limited to any of its related technologies.

    C. You agree not to use the Website for any commercial use, without the prior written authorization of ManageYourNews. Prohibited commercial uses include any of the following actions taken without ManageYourNews's express approval:

    • sale of access to the Website or its related services on another website;
    • use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
    • the sale of advertising, on the ManageYourNews website or any third-party website, targeted to the content of specific User Submissions or ManageYourNews content; and
    • any use of the Website or its related services that ManageYourNews finds, in its sole discretion, to use ManageYourNews's resources or User Submissions with the effect of competing with or displacing the market for ManageYourNews, ManageYourNews content, or its User Submissions.

    D. Prohibited commercial uses do not include:

    • downloading a User Submission to promote your business, provided the primary purpose of using the User Submission is not to compete with ManageYourNews; and
    • any use that ManageYourNews expressly authorizes in writing.

    E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the ManageYourNews servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ManageYourNews grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the User Submissions, but not caches or archives of such materials. ManageYourNews reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

    F. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.

    G. ManageYourNews reserves the right to discontinue any aspect of the ManageYourNews Website at any time.

  9. Your Use of Content on the Site
  10. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ManageYourNews Website.

    A. The content on the ManageYourNews Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ManageYourNews, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ManageYourNews reserves all rights not expressly granted in and to the Website and the Content.

    B. You may access and use the User Submissions for any reason so long as you do not compete with ManageYourNews.

    C. You may access the Content, the User Submissions and other content only as permitted under this Agreement. ManageYourNews reserves all rights not expressly granted in and to the Content and the ManageYourNews service.

    D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

    E. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that ManageYourNews is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ManageYourNews with respect thereto, and agree to indemnify and hold ManageYourNews, its ownersoperators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

  11. Your User Submissions and Conduct
  12. A. As a user of the Website, you may submit written content (the 'User Submissions') to us. You understand that whether or not such User Submissions are published, ManageYourNews does not guarantee any confidentiality with respect to any User Submissions.

    B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ManageYourNews to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

    C. By submitting User Submissions to ManageYourNews, you hereby grant ManageYourNews a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and ManageYourNews's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website(and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ManageYourNews Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Comments are perpetual and irrevocable.

    D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ManageYourNews all of the license rights granted herein.

    E. You further agree that all User Submissions shall be true and accurate documents in all respects.

    F. ManageYourNews does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ManageYourNews expressly disclaims any and all liability in connection with User Submissions. ManageYourNews does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ManageYourNews will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. ManageYourNews reserves the right to remove all or any portion of any User Submission from the Website without prior notice for any reason whatsoever, including without limitation, that ManageYourNews believes (1) that the User Submission is not a true and complete copy of a document, (2) the User Submission is fraudulent, (3) the posting of the User Submission violates any law or (4) the harm caused by the posting of the User Submission exceeds the beneficial value of having the User Submission on the Website. Additionally, ManageYourNews reserves the right to remove any User Submission after it has been posted on the Website for two years.

    G. There shall be NO REFUNDS under any circumstances, including if a User Submission is taken down or modified.

    H. ManageYourNews reserves the right to remove articles or documents to the extent that they exceed 25 pages.

  13. Termination Policy
  14. A. ManageYourNews will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

    B. ManageYourNews reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ManageYourNews may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

  15. Digital Millennium Copyright Act
  16. A. If you are a copyright owner or an agent thereof and believe that any User Submission or other 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.

    ManageYourNews's designated Copyright Agent to receive notifications of claimed infringement is: Jeff Feigelson, Esq., P.O. Box 699, Millbrook, NY 12545, email: jfeigelson@hughes.net, fax: 212-401-4787. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ManageYourNews customer service as set forth on the Website. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

    B. Counter-Notice. If we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed be infringing (or we will, at our option, merely post excerpts from the infringing material). We will also send a notification to the user who posted the material, at the email or physical address provided by the user, telling the user of the alleged infringement. If the user believes that your User Submission 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 content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

    Your physical or electronic signature;

    Identification of the User Submission that has been removed or to which access has been disabled and the location at which the User Submission appeared before it was removed or disabled;

    A statement that you have a good faith belief that the User Submission 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 having jurisdiction over Dutchess County, New York 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, ManageYourNews may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Submission 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 User Submission may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ManageYourNews's sole discretion.

  17. Warranty Disclaimer
  18. YOU AGREE THAT YOUR USE OF THE MANAGEYOURNEWS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MANAGEYOURNEWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MANAGEYOURNEWS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS OR FRAUDULENT USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS ANDOR ANY AND ALL PERSONAL INFORMATION ANDOR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MANAGEYOURNEWS WEBSITE. MANAGEYOURNEWS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MANAGEYOURNEWS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MANAGEYOURNEWS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  19. Limitation of Liability
  20. IN NO EVENT SHALL MANAGEYOURNEWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION ANDOR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MANAGEYOURNEWS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Website is controlled and offered by ManageYourNews from its facilities in the United States of America. ManageYourNews makes no representations that the ManageYourNews Website is appropriate or available for use in other locations. Those who access or use the ManageYourNews Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  21. Indemnity
  22. You agree to defend, indemnify and hold harmless ManageYourNews, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

  23. Ability to Accept Terms of Use
  24. 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 of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the ManageYourNews Website is not intended for children under 13. If you are under 13 years of age, then please do not use the ManageYourNews Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

  25. Assignment
  26. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ManageYourNews without restriction.

  27. General
  28. You agree that: (i) the Website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over ManageYourNews, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and ManageYourNews that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Dutchess County, New York. These Terms of Use, together with the Privacy Notice set forth at the Website and other legal notices published by ManageYourNews on the Website, shall constitute the entire agreement between you and ManageYourNews concerning the Website. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ManageYourNews's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. ManageYourNews reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the ManageYourNews Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND MANAGEYOURNEWS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MANAGEYOURNEWS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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