The following describes the terms on which The USA Times offers you access to its site and services.
The USA Times can be referred to in this document as, “Company”, “Service”, “Website”, “site”, “us” or “we”.
Your continued use of the Site after this time shall signify your acceptance of these terms and conditions. This document and all policies and terms incorporated by reference constitute the entire agreement between you and The USA Times as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease to use this website.
The USA Times is a website on the “World Wide Web” (Internet) that provide users with the services including but not limited to web content, information about different topics and locations, Articles, News, User-Submitted content including images, videos and text., press releases, interviews and editorials.
Our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Website, including its legality, reliability, and appropriateness.
By posting Content to the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Company into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Website. We reserve the right to modify or remove any Content at any time.
You acknowledge and agree that all Content you provide on the Website will be publicly available information and you bear the risks involved with such public disclosures.
Revenue Sharing with Contributors
We share a certain percentage of revenue with the contributors by allocating certain percentage of ad space for their ads. The percentage will be an approximate number and the ad space allocated could be less or more based on the layout of the page and the type of browser, device etc. It is in the sole discretion of The USA Times to change this percentage at any time with or without notice. You hereby agree that no claims can be made against The USA Times for not allocating the stated space or for any loss of revenue. If any contributor is not happy with the revenue share, the content can be removed at any time by the contributor unless the Company has acquired the rights to the content.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
The access to your account either created directly or through our Sign-In Partners is your responsibility and in no way we are responsible for any misuse of your account by unauthorized access or through other means. Your password with The USA Times is always encrypted and not even our employees can know it. It’s you responsibility to protect your password and not to disclose it to anyone, including our employees, merchants or agents.
The USA Times reserves the right to terminate your account with us at any time at its sole discretion with or without notification to you.
You hereby agree that you shall not create an account on The USA Times if your account or site access has previously been terminated by The USA Times.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, you must submit your notice in writing to the attention of “Copyright Infringement” of email@example.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
Please allow 30 days to investigate the claim and if your claim is found to be factual, the violating content will be removed from the website. Please understand that the company cannot possibly monitor all the Content submitted to the Website by its users and therefore cannot be held liable for any copyright infringements or other violations by the users who post the Content. With that said, we take copyright violations very seriously and will act swiftly to investigate and remove any such Content.
The Website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Website is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Website only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Website to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
If you wish to purchase any product or service made available through the Website, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, unsatisfactory content, etc.
We reserve the right to refuse or cancel your order if fraud or unauthorised or illegal transaction is suspected.
If you buy a package for sponsored content, you will abide by our Content Policy as described above and to any additional guidelines provided. If you submit your content and it is refused by The USA Times, you can either revise it (if allowed) or you will be issued a refund as per our refund policy.
All prices mentioned on the website are in USD unless otherwise mentioned.
Refunds can be issued if you wish to cancel the purchased services within 72 hours of the purchase, with the exception of where creative services were initiated by The USA Times. We do not issue refunds for the service packages that involves the creation of Content, as the process of Content creation could be a complicated process and might require collaborative work of more than one person. This includes the services for writing an article, creation of video, creating and distributing press release etc.
If you submit a sponsored article and it is not approved, we can in our sole discretion issue a refund. Any other related purchases that does not involve creative work to be done can also be refunded within the time limit specified above. After the sponsored content is published, no refunds will be issued.
Non Confidentiality and Privacy
You hereby agree that the information you shall provide to or on The USA Times through private emails, contact forms, message boards, chat rooms or on profile can be shared by The USA Times with its merchants and other affiliates and partners on an as needed basis. The USA Times shall not treat any information given by you as confidential except your credit card information, which is never stored on our servers and is transmitted to our processor through a secure connection (SSL), your password which is stored in encrypted format and your contact information including your address, phone number and email address which may be shared with our third party Email list management company.
Emails you send to The USA Times can be shared by us with the third party support companies, its employees and any other technical or business support company to resolve your issues. Your email messages or any other communication with The USA Times shall not be treated as confidential and we may use this information without any limitations.
The USA Times reserves the right to modify these terms and conditions completely or any part of it with or without notice to the user or on our Terms and Conditions page. Your continued use of the site after one week of any such change shall signify your acceptance to the new terms.
Loss of Property and Information
User shall be responsible for obtaining all the necessary software and hardware to access this site. The USA Times shall not be responsible for any costs incurred by the user to access this site. The USA Times shall not be responsible for any damage caused to the equipment or any loss of information or property resulting from the use of this site. In the event of the loss of submitted material or Content due to any reason, Company will not be liable for any loses and you agree that you will be responsible for keeping copies or backups of any work, Content and intellectual property submitted to the Company or posted on the site.
LIMITATION OF LIABILITY
Limitation of Remedies. The Company’s and the user’s entire liability and exclusive remedy in any cause of action based on contract, tort or otherwise in connection with any Services furnished pursuant to this Agreement including its Exhibits shall be limited to the total amount of money paid by the User to the The Company. No action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the occurrence of the event giving rise to such cause of action.
EXCEPT WITH RESPECT TO AMOUNTS PAYABLE ARISING OUT OF CLAIMS BASED UPON SHALLFUL, MALICIOUS OR GROSSLY NEGLIGENT CONDUCT OF THE LIABLE PARTY, NEITHER THE SELLER NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES SHALL IN ANY EVENT WHATSOEVER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES IN EXCESS OF THE TOTAL PRICE PAID BY THE USER TO The Company (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF The COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL The COMPANY’S LIABILITY IN CONNECTION WITH A THE COMPANY SERVICE EXCEED THE AMOUNTS PAID FOR SUCH THE COMPANY.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS The Company, AND ITS PARENT, SUBSIDIARIES, AFFILIATES, MERCHANTS OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE COMPANY’S SITE; (II) YOUR USER SUBMISSIONS, INCLUDING The Company’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER SUBMISSIONS; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER SUBMISSION INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AN (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY THE COMPANY. THE COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. THE COMPANY SHALL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Most of the communication between you and The Company shall be through email, web posts or other electronic mediums. You hereby agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Company delivers to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Should any provision hereof be deemed, for any reason whatsoever, to be invalid or inoperative, such provision shall be deemed severable and shall not affect the force and validity of other provisions of this Agreement.
GOVERNING LAW AND EXCLUSIVE JURISDICTION
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, shall be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Both Parties shall not be held responsible for any delay or failure in performance under this Agreement rising out of causes beyond its control, or without its fault or negligence (Force Majeure). For the purposes of these Terms, “Force Majeure” means a strike, lock?out, work stoppage or slow down or other labor dispute, popular uprising, sabotage, riot, rebellion, seizure, insurrection, act of terrorism, act of God, fire, storm, flood, war, accident, embargo, hostilities, explosion, perils of navigation, breakdown of or damage to any facilities, machinery or equipment (due to any cause or reason whatsoever) used to manufacture, obtain, store or distribute the Product, an act of any government, or any other event beyond the reasonable control of one party (whether similar or dissimilar to the causes specifically listed).
The provisions herein constitute the entire agreement between the parties and supersede all prior agreements, oral or written, and all other communications between the parties, including any and all supplier or distribution agreements. No term or condition contained in any document provided by one party to the other party pursuant to this Agreement shall be deemed to amend, modify, or supersede or take precedence over the terms and conditions contained herein.
Disclaimers of Warranty
Links to Third Party Sites
You may find links to third party sites on our website posted by users in their posted Content or by our staff or writers. Your use of their site is not related to The USA Times in anyway and is governed by their own Terms and Policies. We are not responsible for any loss resulting from the use of the sites linking to us or by the use of the products or services offered by them. You hereby relieve us from any and all liability resulting from your use of any third party sites or their products and services.
The Company reserve the right to terminate the whole website, a part of it, its affiliate program or any offer at any time with or without prior notice to you. We may end this agreement at any time and in case of such termination you are responsible to cease the use of this website without further delay.
You can cancel the account with The Company anytime. Once your account is closed, you shall not be able to access your account again unless otherwise allowed by the Company.