The NewsMarket Terms of Service

Last updated on April 6, 2010

Welcome to www.thenewsmarket.com, a service brought to you by Synaptic Digital, Inc. ("TNM"). This Terms of Service ("TOS") governs use of the TNM Network by registered users ("Members") as well as unregistered users. Members and/or unregistered users are sometimes collectively referred to as "you." The "TNM Network" includes TNM's web sites and services located at or available through www.thenewsmarket.com, including without limitation, certain other co-branded web sites provided to TNM customers, such as the Broadcast Room sites (the "Cobranded Sites") and the TNM RSS service.

BY REGISTERING FOR AND/OR ACCESSING THE TNM NETWORK, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS TOS. This TOS incorporates by reference the terms of TNM's Privacy Policy and by agreeing to this TOS you are also accepting the terms of the Privacy Policy. If you do not accept all of the terms and conditions of this TOS, do not use the TNM Network.

The TNM Network permits unregistered users limited access to browse news clips, video images, digital audio sound, information, hyperlinks and other content (collectively, "Content") created and/or owned by TNM or third parties (collectively, "Content Providers"). Full use of the Content is limited to Members who may use it in accordance with this TOS and any additional terms and conditions which may be included in the listing for each item of Content, including in the usage/ rights description (collectively, the "Content Listing"). Use of certain Cobranded Sites may also be subject to the terms and conditions and/or privacy policy of the TNM partner for that Cobranded Site and each member is responsible for reviewing and agreeing to any such additional terms and conditions (the "Cobranded Terms").

Membership in the TNM Network is generally limited to journalists and independent producers for media outlets that wish to incorporate Content into their editorial products. However, TNM reserves the right to grant access to other parties as it determines to be appropriate. If you are using the TNM Network on behalf of a company or other entity, you confirm that you have the legal authority to enter into this TOS on behalf of such organization and the provisions of this TOS shall apply to all use of the Content by such organization. References to a "Member" in this TOS shall include such Member's organization. Each Member agrees to provide TNM with accurate and complete registration information. Members should provide updated registration information to TNM by sending an email to registrations@synapticdigital.com . Members are responsible for maintaining the confidentiality of their password and account and each Member is fully responsible for all activities that occur under such Member's password and account. If any unauthorized use of your password or account or other breach of security occurs you must notify TNM immediately and promptly change your password. The TNM Network is not directed to children under the age of 13 and children under the age of 13 should not register for the Site. TNM will not knowingly collect personally identifiable data from anyone under 13.

Certain items of Content may be available for use free of charge, however other items of Content require payment of a license fee. Content selected by a Member which has been paid for (if required) may be (A) reproduced either in its entirety or in excerpted form, and captioned by the Member solely for editorial use within such Member's editorial products (i.e., video news stories, print articles etc.), and (B) transmitted, distributed, publicly performed and displayed anywhere in the world as part of such Member's editorial products by Internet, satellite or other means of distribution (whether now known or hereinafter developed), including broadcast, cablecast, microwave, web cast, display in web content, radio, print or other information distribution systems. Content which is not incorporated into a Member's editorial products, may not be stored in any temporary or permanent electronic database for future use or for other purposes unless agreed to in writing by TNM, however, editorial products which contain Content may be archived as part of normal archival processes. You may not use any Content for promotion or advertising of any product or service other than the editorial product into which the Content is incorporated. A Member's rights to use the TNM Network and/or the Content is non-transferable, and may not be resold, traded or otherwise transferred, except that the Content may be transferred as part of normal distribution of the editorial product. No model releases or other rights clearances have been obtained for any Content unless specified in the applicable Content Listing.

Use of the Content in any manner other than as expressly permitted above requires the prior written consent of TNM. THE RIGHTS GRANTED TO A MEMBER MAY BE LIMITED BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN ANY CONTENT LISTING AND IN ANY APPLICABLE COBRANDED TERMS WHICH ARE INCORPORATED INTO THIS TOS, SO YOU SHOULD REVIEW THOSE TERMS PRIOR TO USE.

Each Content Provider retains all right, title, and interest in and to its Content. You may not remove any copyright or other intellectual property notices contained in the Content. You agree to attribute credit to the Content Provider if required by such Content Provider as indicated in the Content Listing.

As a Member you are entitled to use the Content posted on the TNM Network in accordance with this TOS, any applicable Content Listing and any applicable Cobranded Terms, however your registration does not entitle you to be a Content Provider or to distribute your own Content through the TNM Network. If you are the owner or authorized licensee of Content that you wish to make available on the TNM Network, please contact info@synapticdigital.com for additional information.

RSS (really simple syndication) service is a means by which TNM offers feeds of story headlines and summary descriptions in XML format to its Members who use RSS aggregators. Your use of the RSS service is governed by this section as well as the other provisions of this TOS. TNM's RSS service is provided free to Members and delivers selected highlights of the Content available on the TNM Network with the ability to link back to the applicable page on the TNM Network for access to the full Content. Any other uses of the RSS service are strictly prohibited. TNM's RSS service is provided for a subscribing Member's own use in connection with permitted uses of the TNM Network and may not be included within a Member's web site or redistributed or otherwise displayed by a Member. The Content provided through the RSS service may not be modified or edited in any manner. TNM reserves the right to discontinue providing any or all of the RSS service at any time, and to terminate your use of the RSS service for any reason including, without limitation, your violation of any provision of this TOS. TNM assumes no liability for any of your activities in connection with the RSS service or for your use of the RSS feeds.

Copyright Agent

If you believe that any information or Content has been used on this Site in a manner not authorized by you and that constitutes copyright infringement, please provide TNM's Copyright Agent with a written notice that includes the following information:

• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

  
  

• identification of the copyrighted work claimed to have been infringed;

  
  

• a description of where the material that you claim is infringing is located on the TNM Network;

  
  

• your address, telephone number, and e-mail address;

  
  

• a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  
  

• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  
  

TNM's copyright agent for notice of claims of copyright infringement on this Site is:
Copyright Agent, c/o Synaptic Digital, Inc., 708 Third Avenue, NY, NY 10017; email: copyrightagent@synapticdigital.com

The trademarks, service marks and logos displayed on the TNM Network (the "Marks") are owned by TNM, Content Providers or other licensors, and may be displayed or otherwise used by you only as part of the editorial products which incorporate such Marks within the Content. All other uses require the prior written consent of TNM.

TNM reserves the right to change modify, add, or remove portions of this TOS and/or the Privacy Policy at any time and such changes shall be effective upon posting the new TOS and/or Privacy Policy on the TNM Network. You are responsible for periodically checking this TOS and Privacy Policy for changes. Your continued use of the TNM Network following the posting of changes constitutes your acceptance of those changes. TNM may change, suspend or discontinue any aspect of the TNM Network at any time, without prior notice and without any liability to you.

Some links on the TNM Network lead to Web sites maintained by third parties over whom TNM has no control. TNM makes no representations or warranties regarding (1) the accuracy or any other aspect of the information located on sites for which TNM provides links, (2) loss or damage to your computer, software, or data resulting from the use of such links or data or software found on the linked sites, or (3) the results of the use of such linked sites. TNM is not responsible for the availability or the content contained on the sites of these outside resources and you should direct any concerns regarding any external link to the site administrator or webmaster of such site. You acknowledge and agree that TNM does not endorse the Content of any third party Content Provider and is not responsible for or liable for any of such Content. All representations or other statements on the TNM Network regarding the Content and the Content Listings, including usage/rights information, are the responsibility of the applicable Content Provider and TNM shall have no liability for any inaccuracies in any such information. Any requests for specific rights clearance documents should be directed to the contact specified for the applicable Content Provider for such Content and not to TNM. You acknowledge that TNM has the right in its discretion to refuse to post or remove any Content which it deems to be inappropriate.

You may not use any device, software or routine to interfere or attempt to interfere with the proper workings of the TNM Network. You may not take any action which imposes an unreasonable or disproportionately large load on TNM's infrastructure. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor, deep link with or copy TNM's Web pages or the content contained therein without TNM's prior written consent. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Content and the TNM Network.

TNM PROVIDES THE TNM NETWORK, THE CONTENT AND ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, TNM SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TNM DOES NOT WARRANT THAT THE TNM NETWORK WILL OPERATE UNINTERRUPTED, ERROR FREE OR THAT THE TNM NETWORK, ITS SERVER AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. TNM MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT, CONTENT LISTING OR OTHER INFORMATION ON THE TNM NETWORK NOR THAT THE CONTENT OR THE TNM NETWORK WILL MEET YOUR REQUIREMENTS.

IN NO EVENT SHALL TNM, ITS CONTENT PROVIDERS, OTHER SUPPLIERS, LICENSORS, OR ANY THIRD PARTIES MENTIONED ON THE TNM NETWORK BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE TNM NETWORK AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TNM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TNM SHALL NOT HAVE ANY LIABILITY WHATSOEVER ARISING FROM YOUR USE OF OR RELIANCE ON ANY CONTENT, ON ANY INFORMATION REGARDING THE CONTENT, INCLUDING THE CONTENT LISTINGS, OR ON THE TNM NETWORK GENERALLY. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages and as a result, some of the limitations set forth herein may not apply to you.

You agree to indemnify and hold harmless TNM, its Content Providers and other licensors, and their respective affiliates, licensees, directors, officers, and employees against all liabilities, claims, damages, and expenses, including attorneys' fees ("collectively, "Losses"), arising from your use of the Content or the TNM Network, or your violation or alleged violation of this TOS or allegations of your use of the Content in any manner not permitted herein or by the terms of the Content Listing (including violations by any user of your account) or any applicable Cobranded Terms.

TNM reserves the right to immediately terminate your account in its discretion, including in the event TNM determines that your conduct is unacceptable, or in the event you breach this TOS, the terms of any Content Listing or any applicable Cobranded Terms.

In order to ensure a smooth transition of services for your membership, in the event of a merger, reorganization, or sale of TNM or sale of all or substantially all of the TNM-owned portion of the TNM Network, TNM may transfer your membership account and personally identifiable information to a third party acquirer as part of such transaction.

This TOS shall be governed by and interpreted in accordance with the laws of the State of New York, USA, and applicable federal law, without regard to any conflict of law provisions. Those who choose to access the TNM Network from outside the United States are responsible for compliance with local laws. You agree to the exclusive jurisdiction and venue in the state and federal courts of the State and County of New York, USA for all disputes arising out of or related to the TNM Network or this TOS. TNM's rights under this TOS may not be waived unless TNM agrees to the waiver in writing. If any provision of this TOS is invalid or unenforceable under applicable law, the affected provision shall be deemed omitted and the remaining provisions will continue in full force and effect. This TOS together with all applicable Content Listings, the Privacy Policy and any applicable Cobranded Terms constitutes the entire understanding between you and TNM regarding the TNM Network.

The NewsMarket is a limited company registered in England and Wales.
Registered number: 4189211.
VAT: 802 3024 89
Registered office: 11 Raven Wharf Lafone Street, London, SE1 2LR.