Terms of Service
These Terms of Service (“Terms”) describe the terms on which you may use public portions of newsgpt.com and its affiliated websites, as well as services available only to registered users (collectively, “Services”).
The Services are operated and controlled by Clickworx LLC (“NewsGPT,” “we,” “us”).
Please read these Terms carefully before you use the Services. BY ACCESSING AND USING THE SERVICES,YOU AFFIRM THAT:
- You have read and understand these terms;
- You will comply with these terms; and
- You are at least the age of legal majority in your place of residence and otherwise legally competent to enter into a legal agreement.
Please read carefully the sections titled “DISCLAIMER OF WARRANTIES,” “LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES” and “DISPUTE RESOLUTION.” These provisions limit Liscio’s liability to you and affect how disputes are resolved.
If you do not agree to these Terms, then you must not use the Services.
CHANGES TO TERMSThe Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may revise or supplement these Terms. We will provide you with advance notice of material revisions to these Terms. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of these Terms, as amended. As of the Effective Date, the amended Terms supersede all previous versions of or agreements, notices or statements about these Terms.
NewsGPT retains full and complete title to all information and materials provided by NewsGPT on or through the Services, including any artwork, graphics, text, video and audio clips, trademarks and logos (collectively, “NewsGPT Content”). The name “NewsGPT” and the NewsGPT Logo and other trademarks used on the Services are trademarks of NewsGPT or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by NewsGPT that appear on the Services are the property of their respective owners.
If you agree to these Terms, then you may download, print and/or copy NewsGPT Content solely for your own personal use.
Except for content that is in the public domain or unless NewsGPT provides you with written authorization to do so, you may not:
- Incorporate any NewsGPT Content into any other work (such as your own website) or use NewsGPT Content in any public or commercial manner;
- Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell NewsGPT Content in any form or by any means; or
- Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the NewsGPT Content.
Although we make reasonable efforts to update the information on the Services, we make no representations, warranties or guarantees (whether express or implied) that the Services or NewsGPT Content is accurate, complete or up to date. Except as required by law, NewsGPT disclaims any duty to update the information included on the Services. All information on the Services is subject to change without notice. NEWSGPT DOES NOT ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT YOU ACCESS THROUGH THE SERVICES.
USING THE SERVICES
You are responsible for making all arrangements necessary for you to access the Services.
Your Account: You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. NewsGPT treats access to the Services through your Account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. Please immediately notify NewsGPT using the contact information below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
Accessing the Services: You are responsible for the software, hardware and Internet service that you need to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
The Services may offer text messaging (SMS or MMS) services for registered users. Message and data rates may apply. Once you opt-in to receive text messages from NewsGPT, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT NEWSGPT MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
Availability of the Services: We do not guarantee availability of the Services at all times of the day. The availability of the Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications.
NewsGPT may from time to time perform upgrades, updates or error corrections (“Updates”) or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to or stop providing any or all of the Services at any time and without notice. NewsGPT has no obligation to provide access to or support for the Services and is not responsible for any delays, delivery failures or other damage resulting from such problems. Updates to the Services are part of the Services and subject to these Terms. Your continued use of the Services after the Effective Date constitutes your acceptance of the Updates.
Restrictions on Your Use of the Services: You may use the Services for lawful, non-commercial purposes only. You agree that you will not (and you agree not to encourage or allow any third party to):
- Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or NewsGPT’s computer systems or networks;
- Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
- Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
- Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
- Use the Services to send unsolicited messages or advertisements through comment functions available on the Services;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including through time-sharing, use of service bureau or by otherwise making the Services available on a network on which they are accessible by more than one device at any time;
- Reformat or frame any portion of the web pages that are part of the Services without NewsGPT’s written consent;
- Negligently, recklessly, knowingly, or intentionally transmitting or uploading any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous;
- Cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services or otherwise interfere with others’ use and enjoyment of the Services;
- Create an Account under fraudulent pretenses;
- Engage in obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, hateful, violent, abusive, pornographic or otherwise offensive or unlawful; or
SUBMISSIONSNewsGPT may from time to time offer areas in the Services where you and other users can share with NewsGPT or other users suggestions, ideas or other user-created content (collectively, “Submissions”). You are the owner of and are responsible for your Submissions. By submitting a Submission, you represent and warrant that:
- Your Submission is true and accurate;
- You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to NewsGPT under these Terms; and
- Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
You acknowledge and agree that NewsGPT has the right (but not the obligation) to monitor Submissions and to alter, remove or refuse to post or allow posting of any Submission. NEWSGPT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.
By sharing your Submissions, you grant NewsGPT and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party Services and services) to provide, expand or promote the Services and NewsGPT’s products without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.
DISCLAIMER OF WARRANTIES
NewsGPT warrants that NewsGPT has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE NEWSGPT SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NewsGPT specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. NewsGPT does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by NewsGPT or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE WAIVERS MAY NOT APPLY TO YOU. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWSGPT IS NOT LIABLE FOR DIRECT DAMAGES (FOR ANY CAUSE OR UNDER ANY LEGAL THEORY) TO YOU IN EXCESS OF THE GREATER OF THE AMOUNT PAID BY YOU TO ACCESS AND USE THE SERVICES OR $100.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEWSGPT BE LIABLE TO YOU FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF NEWSGPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that NewsGPT would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
To the maximum extent permitted by applicable law, you agree to indemnify and hold NewsGPT and its affiliates, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) your Submissions; (b) your use of the Services, (c) your connection to the Services, (d) your violation of these Terms, (e) your use or misuse of anyone’s Personal Information or (f) any violation of the rights of any other person or entity by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
If you have a complaint about the Services, please contact NewsGPT via email at customer-care@NewsGPT.com .
Except where prohibited by local law, these Terms are governed by and construed and enforced in accordance with the internal laws of the U.S. State of New York (without giving effect to the principles of conflicts of laws of such state).
If you are a resident of the European Union: The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr/ . If you would like to bring a matter to our attention, please contact us.
You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
PO BOX 1742
New York, NY 10163-1742
If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “NewsGPT Legal.”
You may terminate your Account at any time for any reason effective upon written notice to NewsGPT. NewsGPT reserves the right immediately to suspend or terminate your Account and access to the Services without notice if NewsGPT believes you violated these Terms.
Termination will not limit any of NewsGPT’s other rights or remedies. The NewsGPT Content, Submissions, Disclaimer of Warranties, Limitation of Liability and Exclusion of Certain Damages, Dispute Resolution and General Terms sections and any other provision that is by its terms intended to survive termination shall survive termination of these Terms.
Certain features of the Services, such as services offered by business partners, may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Services to which the Additional Terms apply.
LINKS TO OTHER WEBSITES AND SERVICES
The Services also may contain links to other websites or online services that we think may interest you (collectively, “Linked Services”). Linked Services are not under the control of NewsGPT and NewsGPT is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by NewsGPT of the Linked Services or any association with the operators of the Linked Services. NewsGPT does not investigate, verify or monitor the Linked Services. NewsGPT provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to or make them accessible from any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval) prior to exporting, re-exporting, releasing or otherwise making the Services available outside the US.
US GOVERNMENT RIGHTS
The Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
ELECTRONIC SIGNATURE & COMMUNICATIONS
You agree that, by your electronic signature to these Terms is intended to authenticate this writing and to have the same force and effect as your manual signature. For purpose of these Terms, you electronic signature is any electronic sound, symbol or process attached to or logically associated with these Terms and executed and adopted by either party with the intent to sign these Terms.
When you use the Services or send emails and other communications from any computer, smartphone, tablet or other device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- These Terms (i) inure to the benefit of and will be binding upon NewsGPT’s and you and your successors and assigns, respectively and (ii) may be assigned by NewsGPT but you may not assign them without the prior express written consent of NewsGPT;
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein;
- If NewsGPT fails or you fail to perform any of these Terms and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion;
- Nothing contained in these Terms will be deemed to constitute NewsGPT or you as the agent or representative of the other or as joint venturers or partners;
- If NewsGPT is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence;
- The headings and captions contained herein are for convenience only; and
- These Terms and all related documentation are drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
HOW TO CONTACT NEWSGPT
PO BOX 1742
New York, NY 10163-1742