(NPS) • The News Positioning System

General Outline

1. General Description
2. News Positioning System (“NPS”) is a way for users to archive, share, and explore news geographically. To provide users with geographical features, NPS uses the Google Maps API. Google Maps is subject to the privacy policy and terms of use of Google, Inc., which you can find on their website (http://maps.google.com/help/terms_maps.html).
3. The NPS may change the Terms from time to time, at NPS's sole discretion. Your continued use of this website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms.
4. Disclaimer of Warranty and Limitation of Liabilities
5. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE NPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE NPS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
6. THE NPS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL THE NPS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF THE NPS, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF THE NPS, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Account
8. Registration
9. To utilize NPS’s Services (“Services”), or certain portions thereof, you may be required to complete a registration process and establish an account with the NPS ("NPS Account"). You represent and warrant that all information provided by you to the NPS is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
10. Password and Security
11. As a registered user the Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and NPS Account(s). You understand and agree that you are fully responsible for all actions and postings made from your NPS Account(s). Any accounts you create are not transferable. You agree to notify the NPS immediately if you become aware of any unauthorized use of your NPS Account(s).
12. Termination
13. The NPS reserves the right to terminate your NPS Account or restrict access to your NPS Account, or to delete any content posted through your NPS Account, with or without notice, for any or for no reason, and without any liability to you.
14. Community Participation
15. Browsing
16. You understand that material made available by the NPS is a product of a community effort and does not necessarily represent the view of the NPS. The NPS assumes no responsibility for the accuracy, suitability, or completeness of any content provided.
17. Linking
18. You understand that the NPS has not and cannot review all material made available through websites linked or linking to any part of this site. User-posted content does not represent the advice, views, opinions or beliefs of NPS and NPS makes no claim of accuracy of any user-posted material. NPS allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under the control of NPS, and NPS is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on NPS does not imply any endorsement by or any affiliation with NPS. You agree that the NPS bears no responsibility or liability for any content accessed or harm caused from any third-party website.
19. License
20. By posting or contributing content using these Services, you are granting the NPS a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.
21. Content
22. Contributed content should be relevant to the subject scope of the NPS. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
23. The NPS does not pre-screen or regularly review any contributed content, but the NPS has the right (though not the obligation) to remove, without notice, any content posted which the NPS considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. The NPS may terminate any account, with or without notice, for posting such content.
24. NPS enforces a zero-tolerance spam policy. Spam includes, but is not limited to, excessive multiple posting and posting of advertisements for websites, businesses, etc. It is the sole discretion of NPS to determine what constitutes spam. The NPS may terminate any account, with or without notice, for posting such content.
25. User Representations and Warranties
26. By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.
27. DMCA Copyright Notice
28. NPS is committed to complying with US copyright laws, such as DMCA and other applicable laws, and requires all of its users to comply with these laws. As part of our response, we may remove or disable access to material on the NPS site that is claimed to be infringing, in which case we will make a good-faith effort to contact the user who submitted the affected material so that they can make a counter notification, also in accordance with the DMCA. If you believe your material is being used on this website without permission, please notify the designated agent at: [include address] with the following information: a) a description of how your copyright or intellectual property has been infringed; b) a description of where the infringed material is located on the site; c) your contact information; d) a statement that you believe that the use of the material is not authorized by the copyright’s owner, by its agent, or by law; e) a statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; f) your electronic or physical signature. Counter-Notification: If your posted material has been taken down you may file a counter-notification that contains the following details: a) the proof of the material that has been removed or to which access has been disabled and the location where the material appeared before it was removed or disabled; b) A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; c) your contact information; d) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which NPS may be found and that you will accept service of process from the person who submitted a notice in compliance with the DMCA.
29. Indemnities
30. You acknowledge and agree to indemnify and hold the NPS, their affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.
31. Privacy
32. Please read our privacy policy [include link], which is incorporated herein by reference.
33. Other Terms
34. Modification
35. The NPS reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.
36. Termination of Service
37. The NPS disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. The NPS reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
38. Extent of terms
39. The Terms apply to use of and contribution to the NPS website and any account provided therefore. The NPS may operate additional projects or services that require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
40. No Waiver of Terms
41. Failure of the NPS to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
42. Governing Law and Entire Agreement
43. These Terms are governed by the laws of Massachusetts, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the Commonwealth of Massachusetts in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

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