1. Use of the TopicNews.cn Website (the “Site”)
Use of the Site is subject in all respects to these Terms of Use (the “Terms”). By using or accessing this Site you agree to these Terms. You should therefore review these Terms carefully before each use of this Site and, if you do not agree to the Terms, you must exit the Site in order to avoid being bound by them. These Terms may be modified from time to time by TopicNews.cn, without advance notice. All use and accessing of the Site will be subject to the Terms in the form most recently published on the Site at the time of such accessing or use.
2. Visitors to the Site
The provisions in this section of the Terms relate primarily to users who visit the Site in order to review the Site content. Additional provisions, relating specifically to users who submit content to Topicnews.cn, appear later in these Terms.
2.1 Rights to Content – The entire contents of the Site (“Content”) are protected by copyright and other intellectual property laws, belonging to TopicNews.cn, its affiliates, or by third parties who have licensed content to TopicNews.cn.
2.2 Personal Use – You are permitted to download and print any part of the Content to which you properly gained access, but only for your own personal, non-commercial use. You are not permitted to modify, reproduce, republish or otherwise distribute any part of the Content.
2.3 Trademarks – The names and logos of TopicNews.cn are trademarks belonging exclusively to TopicNews.cn. Any and all other trademarks, names and logos appearing on the Site are the property of their respective owners. You are not permitted to display or make any use of any of names, logos or trademarks appearing on the Site, without the prior written permission of their respective owners.
2.4 Third Party Content – A portion of the Content is provided to TopicNews.cn by third parties and the source of such Content may be indicated on the Site. TopicNews.cn does not endorse such Content or the third parties who supply it, nor does TopicNews.cn warrant or represent in any way that such Content is current, accurate, complete or reliable. The third parties who contribute Content are solely responsible for such Content. The above principles apply also to the content of any site for which links may be displayed in the Site. For avoidance of any doubt, unless and to the extent expressly stated otherwise with respect to any particular portion of Content, TopicNews.cn does not endorse any Content, nor does TopicNews.cn warrant or represent in any way that Content is current, accurate, complete or reliable.
2.5 Disclosure – Content will often have a marketing and promotional slant, even if it is not identified as paid or sponsored content, and you should always bear in mind that TopicNews.cn may well be receiving payment or other benefits in return for publishing Content and in return for you visiting, interacting with, or purchasing goods or services from, any third party website mentioned by, recommended by, hyperlinked to, or otherwise referenced on the Site. You should always perform due diligence before buying any goods or services, and make your own mind up about whether they are goods and services which you need, whether the price is attractive and whether the vendor is to be trusted. TopicNews.cn will bear no liability for any and all inter actions between you and any such third parties.
3. Content Contributors
The provisions in this section of the Terms relate primarily to users who contribute Content to the Site, whether for publication as a press release or otherwise.
3.1 Definitions – For the purposes of these Terms, “User Contributions” means all of the text, images, sounds and other content that you submit to TopicNews.cn, whether for inclusion in the Site or for publication on third party sites or otherwise, and “Contributor” means any entity that makes a User Contribution. Rights granted to TopicNews.cn in respect of User Contributions and Contributors shall be deemed granted also to affiliates, successors and assigns of TopicNews.cn and to any third party to whom TopicNews.cn submits such User Contributions.
3.2 Prohibited User Contributions – All Contributors are prohibited from submitting any User Contributions which in whole or part do any of the following:
- contain any material protected by third party copyright or other rights of any kind, unless such third party has granted its prior written permission for such submission;
- infringe the copyright, intellectual property rights or personal or any other rights of any entity;
- contain false or misleading information or claims;
- contain material which is sexually explicit, pornographic, racist, hateful, threatening, or inappropriate in any other way;
- promote illegal activity;
- contain any viruses or malware;
- promote political views or candidates;
- are inconsistent with public morals;
- violate any of the laws to which the Site may be subject;
- violate any of these Terms.
Contributors will be exclusively liable, including but not limited to criminal liability and liability towards any government authority, for any and all consequences of any User Contribution that violates any of these Terms.
3.3 Copyright in User Contributions – By submitting a User Contribution, you are confirming and warranting to TopicNews.cn and its users that you are the owner of the copyright in such User Contribution or have obtained the prior written permission of the owner of such copyright to publish and upload the content contained in such User Contribution.
3.4 Use of User Contributions – By submitting a User Contribution, a Contributor grants to TopicNews.cn and its affiliates, successors and assigns, a perpetual, irrevocable, worldwide, royalty free and non-exclusive license to use, exploit, copy, display, publish, perform or distribute such User Contribution, as may be amended by TopicNews.cn in accordance with these Terms, without restriction and without compensating the Contributor in any way. Each such Contributor also grants to TopicNews.cn and its affiliates, successors and assigns the right to use such Contributor’s name in connection with the User Contribution.
3.5 Amendment of User Contributions – By submitting a User Contribution, a Contributor grants to TopicNews.cn and its affiliates, successors and assigns, the full and unrestricted right to review, edit, modify and delete any portion of the User Contribution, whether this is because TopicNews.cn deems such portion to violate any of these Terms or to be inappropriate for the purpose for which it was submitted, or to be inconsistent with any applicable laws, regulations or customs, or for any other reason whatsoever, in TopicNews.cn’s discretion. TopicNews.cn may endeavor from time to time to update a Contributor regarding any modification made by TopicNews.cn to a User Contribution, prior to or after such publication, but TopicNews.cn is not obliged to update in this way and in many cases may not provide such update. Although TopicNews.cn is entitled to take any of the above actions in its discretion, it does not undertake to take any such actions, and nothing in the foregoing in any way diminishes from the exclusive liability of the Contributor for the content of the User Contribution or from the exclusive responsibility of Contributor to ensure that the User Contribution complies in all respects with these Terms and with all applicable laws and regulations.
3.6 Press Releases – Any Contributor who submits to TopicNews.cn a User Contribution for the purpose of its being published, republished or distributed in the form of a press release or other marketing or promotional release, whether on the Site or on any third party site, also agrees to the following additional provisions:
a. TopicNews.cn will post such User Contribution on the Site and/or on whichever other sites TopicNews.cn considers appropriate in its discretion.
b. TopicNews.cn makes no representation as to the quantity or nature of sites on which such User Contribution will be posted, or as to the effectiveness of such publication, and does not guarantee any particular outcome arising out of such publication.
c. TopicNews.cn will endeavor to notify such Contributor of the sites to which it posted such User Contribution, but such notification may not always be complete and does not in any way diminish the rights and discretion of TopicNews.cn in accordance with these Terms.
d. TopicNews.cn shall have no control over the republishing of such User Contributions by one or more third parties, and takes absolutely no responsibility over such republishing.
4. Copyright infringement
4.1 Third Party Allegations – TopicNews.cn respects the copyright and intellectual property rights of third parties. Accordingly, TopicNews.cn specifically reserves all rights to remove any and all User Contributions, in whole or in part, for which allegations were made to TopicNews.cn that they give rise to any claim of infringement of third party rights, without coordinating the matter with the Contributor, or informing the Contributor, or performing any kind of verification process with respect to such allegations.
4.2 Protection of Your Rights – If you believe that your own work, or the work of a third party for whom you are authorized to act, appears on the Site in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be made in writing and sent to [email protected] and must include:
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;
- a clear description of the copyrighted work that you claim has been infringed;
- a clear description of where such material appears on the Site;
- a written statement by you that the information contained in your notice is accurate and that you are the owner of the copyright or authorized to act on the copyright owner’s behalf.
- a written statement by you that you believe in good faith that the appearance of such material on the Site was not authorized by or on behalf of the copyright owner;
Any such notice which does not comply with the above requirements will not be deemed sufficient notice to give rise to any knowledge or deemed knowledge on the part of TopicNews.cn as to the existence of any such copyright and/or the infringement of any such copyright.
5. Own Risk; Disclaimer; Limitation of Liability
5.1 Own Risk – All use of the Site is entirely at your own risk and responsibility.
5.2 Disclaimer – TOPICNEWS.CN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE. THE SITE AND ALL OF THE INFORMATION, PRODUCTS AND SERVICES THAT MAY BE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TOPICNEWS.CN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT AND THE INFORMATION, PRODUCTS AND SERVICES THAT MAY BE MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOPICNEWS.CN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE SITE; (D) THAT THE CONTENT IS ACCURATE, COMPLETE. CURRENT OR RELIABLE; AND (E) THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
5.3 Limitation Of Liability – TOPICNEWS.CN IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY USER CONTRIBUTIONS. ALTHOUGH TOPICNEWS.CN MAY PROVIDE RULES FOR USER CONTRIBUTIONS, TOPICNEWS.CN IS NOT RESPONSIBLE FOR CONTENT OF USER CONTRIBUTIONS AND IS NOT RESPONSIBLE FOR ANY OBJECTIONABLE USER CONTRIBUTIONS.
UNDER NO CIRCUMSTANCES, SHALL TOPICNEWS.CN OR OUR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF TOPICNEWS.CN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN TOPICNEWS.CN’S LIABILITY THAT OTHERWISE WOULD HAVE BEEN LIMITED BY THESE TERMS SHALL NOT EXCEED THE AMOUNT, IF ANY, OF ANY AMOUNTS PAID BY YOU TO TOPICNEWS.CN IN CONNECTION WITH THE APPLICABLE PRODUCT OR SERVICE, OR $20.00, WHICHEVER IS HIGHER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
6. Indemnification
You agree to defend, indemnify and hold harmless TopicNews.cn, its affiliates, licensors and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating in any way to your use of the Site other than as expressly authorized in these Terms and/or your violation of any of these Terms.
7. Miscellaneous
Any use of the word “including” in these Terms shall be construed as meaning “including, without limitation”, unless expressly stipulated to the contrary. Section headings are for convenience purposes only, and may not be used in the construction or interpretation of these Terms. No principle of construction against the drafter shall apply in the construction of these Terms. No failure or delay on the part of TopicNews.cn in exercising any right and/or remedy to which it may be entitled hereunder and/or by law shall operate as a waiver by TopicNews.cn of any right whatsoever. No waiver of any right of TopicNews.cn under these Terms shall be deemed as a waiver of any further or future right hereunder, whether or not such right is the same kind of right as was waived in a previous instance. In case any provision of the Terms shall be declared invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall continue in full force and effect. These Terms constitutes the entire agreement between you and TopicNews.cn with respect to the subject matter hereof. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its rules of conflict of laws and, in the event of any dispute arising out of or relating to these Terms and/or the Site, you hereby agree and submit to the exclusive jurisdiction of the competent courts in the place of domicile of the defendant in such action.