THESE TERMS AND CONDITIONS CONSTITUTE A BINDING CONTRACT ON YOU AND GOVERNS THE USE OF AND ACCESS TO THE PLATFORM AND SERVICES BY YOU (AGREEMENT).
BY CONTINUING TO USE THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS OF THE DATE OF SUCH ACCESS OR USE OF THE PLATFORM (EFFECTIVE DATE)
Newspage Media Limited, a company incorporated in England, with registered number 13306602 and registered address 2 Lansdown Square East, Bath, England, BA1 9DS (trading as “Newspage” (Newspage, we or us) offers access to a Platform which allows journalists (Journalist, you, yours) and bloggers (Blogger, you, yours) to create News Alerts (or media requests) on your chosen topic (News Alerts) via Newspage (the Platform). Users of the Platform will be able to view your News Alert and respond with a View and Opinion.
WE ASSUME THAT YOU ARE AUTHORISED TO REPRESENT THE VIEWS AND INTERESTS OF THE MEDIA THAT YOU REPRESENT. WE WILL NOT MAKE ENQUIRIES ABOUT WHETHER A JOURNALIST OR BLOGGER IS SO AUTHORISED AND WILL NOT BE RESPONSIBLE IF A JOURNALIST OR BLOGGER MISREPRESENTS THE VIEWS OR INTENTIONS OF THE MEDIA WHICH HE OR SHE REPRESENTS.
The definitions and rules of interpretation in this section apply in this Agreement.
Applicable Law: any law (including common law or other binding law), statute, regulation, code, ordinance, rule, judgment, order, decree or directive or any determination by or requirement of a competent authority, as amended from time to time and as applicable to each party in relation to its provision of services to the other party pursuant to this Agreement.
Blogger: an individual who owns, operates or publishes a blog.
Confidential Information: information of commercial value, in whatever form or medium disclosed by the party to the other party, including commercial, financial, and information pertaining to business operations of either party. The technology and know-how relating to the Platform is confidential to us and our licensors. Information contained in any Story is not Confidential Information.
Data Protection Legislation: UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time that apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
Expert: the individual contributor(s) to a Newspage who either (i) acting on his/her own behalf; or (ii) is designated by the User.
Harmful Code: viruses, worms or similar harmful code.
Intellectual Property Rights: all patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or not), and all applications for the same which may now, or in the future, subsist anywhere in the world, including the right to sue for and recover damages for past infringements.
Journalist: an individual journalist or a journalist who represents a specific Media outlet (print and/or online, or broadcast).
Licence: your right to access to the Platform, as set out in Section 2.
Media: print publications, websites, broadcast outlets and individual journalists and newswires.
Newspage: a Journalist’s personalised Newspage on the Platform through which they issue News Alerts.
Personal Data: has the meaning set out in the Data Protection Legislation.
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
User: a body corporate, organisation, government or other legal entity.
Website: Our website: The UK’s first FREE PR platform – #BeTheStory | Newspage
2. Grant of Licence
- Subject to your adherence to the terms of this Agreement and the acceptable use policy (on our Website), we grant you a worldwide, non-exclusive, non-transferable licence to access and use the Platform and your Newspage during the term of this Agreement.
- You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and, in the event of any such unauthorised access or use, promptly notify us.
3. Use of the Platform
- You will be provided with a secure log-in to your Newspage. It is your responsibility to keep the log-in details (including passwords) safe and not disclose these to any third party.
- We will only provide access to the Platform to Journalists and Bloggers to create News Alerts. We will not be responsible for the actions of any individual who is not a Journalist or Blogger pursuant to this Section 3.2.
- Users will provide Views and Opinions in response to your News Alerts. In some cases, we will provide editorial services to Users and edit their Views and Opinions given on the News Alert created by you via your Newspage. We will provide editorial services to ensure that the Views and Opinions are more suitable for publication in the Media. We will not change the meaning of such Stories or Views and Opinions, and do not provide any opinions on the content.
- YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR STORIES, AND VIEWS AND OPINIONS, ARE ACCURATE AND NOT MISLEADING. WE DO NOT CHECK THE ACCURACY OR VALIDITY OF STORIES, OR VIEWS AND OPINIONS, ONCE THEY ARE UPLOADED BY YOU.
- You are responsible for all activities that occur on your Newspage. Without limiting the foregoing, you are solely responsible for ensuring that your use of the Platform is compliant with all Applicable Law as well as any and all privacy policies, agreements or other obligations you may maintain with third parties.
- You are responsible for verifying that any attachments or website links uploaded by you on the Platform are safe to open and do not contain Harmful Code.
4. Intellectual Property Rights
- All copyright, database rights and other Intellectual Property Rights in the Platform shall belong to us or our licensors and you shall have no rights in respect of any of them except the right, as expressly granted under this Agreement, to use them in accordance with this Agreement.
- Newspage shall own all right, title and interest in and to all of your News Alerts. Users own all the intellectual property in their own Stories or Views and Opinions which are published in the Media by you, and grant you and us a transferable, royalty-free, worldwide licence to use, adapt and modify their Stories or Views and Opinions. You and the relevant User may discuss the Stories or Views and Opinions by contacting Users directly through the Platform. WE DO NOT MONITOR OR OPINE ON ANY USER MESSAGES. YOU SHALL HAVE SOLE RESPONSIBILITY FOR VERIFYING THE LEGALITY, RELIABILITY, INTEGRITY, ACCURACY AND QUALITY OF STORIES OR VIEWS AND OPINIONS AND ALL USER MESSAGES.
- By submitting News Alerts on or through the Platform you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, transmit, display and distribute such News Alerts to Users on the Platform.
- You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein to publish any Stories or Views and Opinions in the Media.
5. Your Obligations
- If you are an individual Journalist or Blogger, to confirm that you are over 18 years of age;
- to comply with all Applicable Laws and regulations in relation to your activities under this Agreement.
In the event of any loss or damage of Stories or Views and Opinions directed to your Newspage, your sole and exclusive remedy shall be for us to use reasonable endeavours to restore the lost or damaged Stories or Views and Opinions from the latest back-up of your Newspage maintained by us.
6. Our Obligations
- We have and will maintain all necessary licences, consents, and permissions necessary for the performance of our obligations under this Agreement.
- Except as expressly provided in this Agreement no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, availability, reliability, suitability, performance or fitness for purpose of any Newspage provided hereunder is given or assumed by us.
- Nothing in this Agreement shall in any way exclude or limit our liability for death or personal injury caused by negligence, or liability for fraudulent misrepresentation or for any other liability which by law it is not possible to exclude or limit.
- IN NO EVENT WILL WE BE LIABLE TO YOU IN CONTRACT, TORT, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER, NOR FOR ANY DIRECT OR INDIRECT LOSS OF PROFIT, LOSS OF ANTICIPATED PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED REVENUE, LOSS OF SAVINGS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA, DEPLETION OF GOODWILL OR REPUTATION OR OTHERWISE WHICH ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND WHETHER OR NOT FORESEEABLE OR MADE KNOWN TO US.
- WE PROVIDE A PLATFORM FOR THE UPLOAD OF STORIES OR VIEWS AND OPINIONS IN RESPONSE TO YOUR NEWS ALERTS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE PLATFORM IS SUFFICIENT OR APPROPRIATE FOR ANY PARTICULAR USE OR CIRCUMSTANCES.
- You will indemnify us and keep us indemnified against any loss, damage, claim or expense arising out of any claim that (a) your use of Stories or Views and Opinions in the Media infringe the rights of any third party or are deemed to be damaging to any third party; or (b) Personal Data (i) uploaded by you to the Platform; or (ii) obtained by you through the Platform and published in the Media, infringes Data Protection Legislation.
8. Term and Termination
- This Agreement will commence on the date that you create a News Alert via your Newspage.
- You may request the immediate removal of your Newspage from the Platform for any reason by giving us written notice. Please email firstname.lastname@example.org in this event.
- On termination of this Agreement however caused the Licence shall terminate and accordingly your right to access the Platform will automatically cease.
- WE WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY AS A RESULT OF ITS TERMINATION OF YOUR RIGHT TO USE OR OTHERWISE ACCESS THE PLATFORM OR EDITORIAL SERVICES.
- Each of the following provisions of this Agreement shall remain in full force and effect after termination: Section 5 (intellectual Property Rights), Section 7 (Liability), this Section 8 (Termination), Section 11 (Notices), Section 16 (Data Protection), Section 17 (Confidentiality), Section 18 (No Partnership or Agency), and Section 19 (Governing Law).
9. Force Majeure
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control. For the avoidance of doubt, nothing in this Section 10 shall excuse you from any payment obligations under this Agreement.
We may assign, sub-contract or otherwise transfer any of our rights or obligations under this Agreement without your consent. You may only assign, sub-contract or otherwise transfer any of your rights or obligations with our prior written consent.
- Any notice required to be given pursuant to this Agreement shall unless otherwise stated in it, be in writing, sent to the other party marked for the attention of the person at the address specified in this Agreement (or to such other address as either party may from time to time notify to the other in writing in accordance with this section).
- For the purpose of notices to be given by us in writing, the expression “writing” or “written” shall be deemed to include email communications. Our email address for notices is email@example.com. You shall provide your e mail address when you register to use the Platform.
- A correctly addressed notice sent by first-class post shall be deemed to have been delivered 72 hours after posting, correctly directed faxes shall be deemed to have been received instantaneously on transmission, and correctly addressed emails shall be deemed to have been delivered 24 hours after sending.
If any provision of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
14. Entire Agreement
- This Agreement and any document expressly incorporated in it contains the entire and only agreement between the parties and supersedes all previous agreements between the parties with respect to the subject matter hereof. Each party acknowledges that in entering into this Agreement, it has not relied on any representation, undertaking, promise or statement whether oral or in writing which is not expressly set out in this Agreement. Except as expressly provided in this Agreement all conditions, warranties, stipulations and other statements whatsoever that would otherwise be implied or imposed by statute, at common law, or otherwise howsoever are excluded to the fullest extent permitted by law. Nothing in the foregoing shall however affect any liability for fraudulent misrepresentation.
- You will be notified of any changes to this Agreement on the Website. Changes to the Agreement will take effect immediately upon such notification.
15. Third Party Rights
A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
16. Data Protection
- To the extent that we are a processor of your Personal Data, we will comply with our responsibilities as a processor under the Data Protection Legislation.
- Neither party shall by any act or omission, deliberately put the other party in breach of the Data Protection Legislation and each party shall use all necessary measures to ensure that it does not put the other party in breach of the Data Protection Legislation.
- We will use your Personal Data and any information we obtain from you to provide you with access to the Platform, and for administration and customer services. We may keep your information for a reasonable period for these purposes.
- We may transfer Personal Data outside the United Kingdom if necessary for the above purposes and you acknowledge that if the receiving country is outside the European Economic Area, it may not have the same standards of data protection as the United Kingdom
- You confirm that you have all necessary licences and consents to enable us to use your or a relevant third party’s Personal Data as set out in this section and you shall indemnify us against any liability that we may incur as a result of your failure to obtain such consents.
- Both parties agree not to use or disclose Confidential Information relating to or owned by the other, received or disclosed to it by the other party during the term of this Agreement, save for use or disclosure required in order to perform their respective obligations under this Agreement. Disclosure shall be limited to such of the receiving party’s employees, officers, agents or contractors directly involved in performing the receiving party’s obligations.
- The parties agree that information is not to be regarded as Confidential Information and that the receiving party will have no obligation regarding confidentiality where that information is already in the public domain or enters the public domain through no fault of the receiving party, or is received from a third party without any obligations of confidentiality, or is used or disclosed with the prior written consent of the owner of that information, or is disclosed in compliance with a legal requirement, or is independently developed by the receiving party.
- Any Confidential Information will be returned or destroyed by the receiving party forthwith at the prior written request of the owner.
18. No Partnership or Agency
- Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
- Each party confirms it is acting on its own behalf and not for the benefit of any other person.
19. Governing Law
- This Agreement shall be construed in accordance with and governed by the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.