Standard Terms And Conditions
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
If, at any time, you do not wish to accept the Terms and Conditions, you may not use the Site. Any terms and conditions proposed by you which are in addition to, or which conflict with these Terms and Conditions are expressly rejected by the Company and will have no force or effect.
Full or partial use of content published at newsobservatory(.)com (the “Site”), including written, photographic as well as video materials owned by News Observatory (marked as © News Observatory) requires appropriate credit and/or link to the website indexed by online search systems.
We will retain your personal information for the duration required to provide our Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing personal data, communications and anything else as required by applicable laws and regulations.
Security and Confidentiality
The Company treats your Personal Information in strict confidentiality, and the server in which this data is to be stored includes the necessary industry-standard security measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. However, we cannot completely guarantee the security of your information, which might be accessed, disclosed, modified, or destroyed, and it should be emphasized that you share this information at your own risk.
We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.
Links to Other Websites
Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, News Observatory and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
- Publishing any Website material in any media;
- Selling, sublicensing and/or otherwise commercializing any Website material;
- Publicly performing and/or showing any Website material;
- Using this Website in any way that is, or may be, damaging to this Website;
- Using this Website in any way that impacts user access to this Website;
- Using this Website contrary to applicable laws and regulations, or in a way that Causes, or may cause, harm to the Website, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- Using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and News Observatory may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant News Observatory a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. News Observatory reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
This Website is provided “as is,” with all faults, and News Observatory makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of liability
In no event shall News Observatory, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and News Observatory, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent News Observatory from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
News Observatory is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
News Observatory shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between News Observatory and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the U.S., and you submit to the non-exclusive jurisdiction of the state and federal courts located in U.S. for the resolution of any disputes.
Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, applicable to your country of residence with regards to the use of the Site. The ability to access to our Site does not necessarily mean that our Services, and/or your activities via the Site, are legal under the laws, regulations or directives applicable to your country of residence.
This Site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to this Site, and the offering of financial contracts via this Site, may be restricted in certain jurisdictions, and, accordingly, users accessing this Site are required to inform themselves of, and to observe, such restrictions.
News Observatory grants you a non-exclusive, non-transferable and limited personal license to access and use the Site (the “License”). This License is conditional on your full and continuing compliance with these Terms and Conditions. You agree not to “deep-link” to the Site, resell or permit access to the Site to others, and not to copy any materials appearing on the Site for resale or for any other purpose to others without the prior written consent of News Observatory. You shall be responsible and bound by any unauthorized use of the Site, made in breach of this section. You agree not to use any electronic communication feature of Services on the Site for any purpose that is unlawful, tortious, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The License granted under these Terms and Conditions will terminate if News Observatory believes that any information provided by you, including (but not limited to) your Registration Credentials, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of these Terms and Conditions and all rules and guidelines for each of the Services. Upon such violation, you agree to cease accessing Services. You agree that News Observatory, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within the Services.
Links to Third Party Sites
This Site contains hyperlinks to web sites operated by persons other than News Observatory. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Fusion Media responsible for the content or operation of such web sites. A hyperlink from this Site to another website does not imply that News Observatory endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Site.
If you wish to make purchases from an area of the Site, you may be asked to supply certain information, including credit card, debit card, or other payment mechanism information.
You agree not to hold News Observatory liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by use of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes relating to any purchases you make.
THE LIABILITY OF FUSION MEDIA, ITS OFFICERS, DIRECTORS OR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MONEY YOU TRANSFERRED TO FUSION MEDIA IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
Use & Access to the Site
You shall be responsible for providing and maintaining the means by which you access the Site, which may include, but is not limited to, your personal computer or mobile device, connectivity hardware, and telecommunication lines.
You shall be responsible for all access and service fees necessary to connect to the Site and assume all charges incurred by use of such connectivity services. You further assume all risks associated with the use and storage of information on your personal computer, mobile device or on any other computer or device through which you will gain access to the Site and the Services (hereinafter referred to as “Computer”).
You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of your Computer and any information and data included therein.
You agree that Fusion Media will not be liable in any way to you in the event of failure of or damage or destruction to your Computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or Computer equipment or software.
You will not in any way, whether directly or indirectly, expose News Observatory or any of News Observatory’s online service providers to any computer virus or other similarly harmful or inappropriate material or device.
News Observatory reserves the right to suspend the operation of this Site or any part or sections of it at any time and no claims may be entertained against the Company in connection thereto.
You agree that News Observatory will not be liable in any way to you or to any other person in the event of force majeure (including, but not limited to, the act of any government or legal authority) or for the failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Site.
News Observatory shall not be liable, and you agree not to hold or seek to hold News Observatory or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
News Observatory does not represent, warrant or guarantee that you will be able to access or use the Site at times or locations of your choosing, or that News Observatory will have adequate capacity for the Site as a whole or in any geographic location.
News Observatory does not represent, warrant or guarantee that the Site will provide uninterrupted and error-free service. Fusion Media does not make any warranties or guarantees with respect to the Site and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose.
Without limiting the foregoing Fusion Media will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
Trademarks and Copyrights
All rights, titles and interests in and to the contents of the Site, and the “newsobservatory.com” and “News Observatory” trademarks, services marks, trade names, and logos are owned by News Observatory, or its affiliates, or other licensors and are protected by copyright and trademark laws, and international treaties.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Site. You will not obtain any intellectual property rights or any right or license to use such materials or the Site, other than as expressly set out in these Terms and Conditions.
Images displayed on the Site are either the property of News Observatory or its licensors. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of News Observatory.
Nothing contained on the Site may be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of News Observatory or any third party that may own the trademarks. Your use of trademarks, or any other content of the Site, except as provided herein, is strictly prohibited.
You agree to fully indemnify, defend and hold harmless News Observatory, its corporate affiliates and their respective officers, directors and employees immediately upon demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and other charges whatsoever, howsoever caused, that may arise as a result of: (i) any breach of these Terms and Conditions by you or (ii) violation by you of any law or the rights of any third party.
Without prejudice to any other rights in these Terms and Conditions, if you breach in whole or in part any provision contained herein, Fusion Media or any of its corporate affiliates which provides Services to you reserves the right to take such action as it sees fit, including (but not limited to) terminating any agreement in place with you, terminating or blocking the Services offered to you via the Site and/or taking legal action against you.
Governing Law and Court Jurisdiction
These Terms and Conditions shall be governed by the laws of the British Virgin Islands (“BVI”), without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with News Observatory anywhere else in the world.
If any part of these Terms and Conditions are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Exclusive Court Jurisdiction: You agree to submit to the personal and exclusive jurisdiction of the courts located within the BVI to settle any dispute, which may arise in relation thereto.
Special Conditions Applicable to Tools
News Observatory makes available to you certain trading and investment tools (the “Tools”) which can be integrated within your website via the HTML code available from the “Tools” section of the Site (the “Code”). These special conditions (the “Special Conditions”) constitute a part of the Terms and Conditions and both are applicable to users who have integrated the Tools into their own websites. In the event of a conflict between a provision of these Special Conditions and any provision of the Terms and Conditions, then the Special Conditions shall prevail.
News Observatory does not and cannot guarantee or represent that any of the information and data made available via the Tools is real-time, accurate, complete, current or appropriate for your needs. Certain information and data made available via the Tools is obtained from Third Party Providers (defined above) who are generally understood to be sources of reliable information and data. However, due to a variety of different factors, including mechanical and human error, the timeliness, completeness, accuracy and correct sequencing of such information and data and results obtained from use thereof are not guaranteed by News Observatory.
ALL INFORMATION AND DATA MADE AVAILABLE VIA THE TOOLS IS PROVIDED ON AN “AS-IS” BASIS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR ACTUAL TRADING PURPOSES OR MARKET ADVICE.
News Observatory may integrate advertising and links to third party websites within the Tools but does not endorse such advertising or the content and services which are provided on third party websites accessible via the Tools. You will not modify, remove, change, edit, amend, alter, cover, hide, block, obscure, bypass or reorder any aspect of the advertising and links which are referred to above.
You will not be entitled to any compensation in connection with the integration of the advertisement within the Tools.
Fusion Media and its employees, officers, directors, affiliates, agents or licensors will not be liable to you or any third party for any financial loss, lost profits, any special, incidental or consequential damage or any other similar damage or any other loss or injury, incurred as a result of delays, informational errors, inaccuracy or incompleteness of the information and data provided in the Tools or any actions taken in reliance thereon, or for the advertising or content and services which are provided on third party websites accessible via the Tools.
Subject to the terms and conditions set forth herein, News Observatory grants you a non-exclusive, non-transferable and limited license to access and use the Tools solely for your personal, non-commercial use (the “Tools License”). If you are using the Tools for commercial purposes, News Observatory grants you a non-exclusive, non-transferable, limited license, for a trial period of one (1) month only to access and use the Tools (the “Trial License”) (the “Tools License” together with the “Trial License” are hereinafter referred to as the “Licenses”). After the Trial License expires, you agree to enter into a separate agreement with News Observatory in order to continue using the Tools. News Observatory has sole discretion in deciding whether your use of the Tools is commercial or non-commercial.
The Licenses are conditional on your full and continued compliance with these Terms and Conditions (including the Special Conditions). You agree not to resell or permit access to the Tools to others, and not to copy any materials appearing on the Tools for resale to others or for any other purpose without the prior consent of News Observatory. You agree not to use the Tools for any unlawful purpose. The Licenses will terminate if you fail to comply with any term or condition of these Terms and Conditions (including the Special Conditions). Upon such violation, you agree to cease making use of the Tools. You agree that News Observatory, at its sole discretion and with or without notice, may terminate your access to any or all Tools, and remove and discard any information or content within the Tools at any time, including during the Trial License.
Notwithstanding the grant of the Licenses, you agree and acknowledge that all right, title and interest in and to the Tools, the Code and all information and data made available therein including (but not limited to) trademarks, signs, trade names, domain names, images, pictures, graphics, photographs, animations, videos, music, audio and text belong to News Observatory, its affiliates and/or the Third Party Providers (as applicable) and are protected by copyright and/or other intellectual property rights and/or other rights.
You are not permitted to make any alterations whatsoever to the Code including (but not limited to) alterations which hide or obscure advertising and links to News Observatory or third party websites accessible via the Tools. You may not circumvent any mechanism included in the Code and/or Tools for preventing unauthorized reproduction or distribution. Without prejudice to any other right, Fusion Media is entitled to immediately block use of the Tools on your website in the event that you breach these provisions.
Nothing in these Terms and Condition will create any obligation on News Observatory to pursue or consummate any business or other relationship with you.
News Observatory does not make loan or credit decisions, and does not originate and lend funds or any other form of credit, but rather provides you with general information as received from various service providers. We may receive a referral fee as a result of displaying such third party providers in our Site. The Site does not necessarily include all personal loan companies or all types of products available in the marketplace. We do not guarantee that the Site displays the best possible rates and terms available in the market.
No information on the Site is to be construed as financial product advice or a recommendation.
Your engagement with third party providers displayed on the Site, including without limitation, the receipt of the loan or any other form of credit, is subject to a separate agreement between you and the applicable third party. You acknowledge and agree that News Observatory has no role in the third party’s decision to provide or not provide funding to you. The terms of any credit, loan or funding provided by a third party is entirely within the third party’s discretion.
Without derogating from the generality of the “Links to Third Party Sites” section above, You agree not to hold News Observatory liable for any loss or damage of any sort incurred as a result of any engagement you may have with third parties referred to from the Site.
Last Modified: 29 Feb, 2020.