Welcome to News Butterfly! A News Aggregator .You are now reading the Terms of Service (the “Terms”) that serve as an agreement between you and the Owners/Management of News Butterfly (“News Butterfly,” “we,” or “us”) for your use of our website, and our news mining and delivery services, accessible via our Website. To make these Terms easier to read, our services, the Site are collectively called the “Services.”
1. Description of Service:
News Butterfly is a news aggregation platform that collects and presents news articles, headlines, and other content from various sources (referred to as “the content”). The content is aggregated and displayed for informational purposes only
Agreement to Terms:
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, please do not use the Services.
Changes to Terms or Services:
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know by posting the modified Terms on the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services:
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
a}. Account Registration: In order to access certain features of the platform, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You shall not lend, sell, pledge, or otherwise transfer the account to any third party.
b}. Compliance with Laws: You agree to use the platform in compliance with all applicable laws, regulations, and third-party rights.
c} Prohibited Conduct: You shall not engage in any conduct that may disrupt or interfere with the functioning of the platform, compromise its security, or infringe upon the rights of other users or third parties.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
The owners of News Butterfly and its licensors exclusively own all right, title and interest in and to the Services and all Content that is not News Content, Advertising Content or User Content, including all associated intellectual property rights. All rights to the News Content and Advertising Content are retained by the third-party that is the source of such Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. “Content” means text, graphics, images, music, software, audio, video, content, works of authorship of any kind, and information or other materials that are posted, generated, distributed, disseminated, provided or otherwise made available through the Services. “News Content” means any and all Content provided via the Services that comprises news content. “Advertising Content” means advertising provided via the Services on behalf of third-parties. “User Content” means any and all Content provided by users via the Services
- Intellectual Property Rights :a. Ownership: The platform and its content are protected by intellectual property rights owned by us or our licensors. You acknowledge that you do not acquire any ownership rights by using the platform.b. Use of Content: You may access and view the content solely for personal, non-commercial use. This agreement does not authorize you to modify, distribute, transmit, display, perform, reproduce, or create derivative works based on the content without our prior written consent.c. Users who post the User Content shall grant the the owners of News Butterfly a worldwide, non-exclusive, royalty-free license(with the right to sublicense such content to other third parties working together with the Company), for an indefinite period, to use (after modifying such content, if the Company believes it necessary and proper) such content for the Services and/or promotional purposes.
Links to Third Party Websites or Resources :
The Services may contain links to third-party websites, advertising, or resources. We provide these links only as a convenience for you. We do not endorse, verify or vouch for and are not responsible for any view expressed, or the content, products or services on or available from those websites, advertising, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, advertising, or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: ownership provisions, warranty disclaimers, Indemnification, limitations of liability, dispute resolution, and general terms provisions.
Warranty Disclaimers :
The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. News Butterfly does not create, prepare or maintain any News Content provided by or available on third-party websites or resources that are accessible via our Services, and we assume no liability or responsibility for any such third-party News Content. Under no circumstances will News Butterfly be liable, directly or indirectly, to any party for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such News Content. Your use of and reliance on such News Content will be at your own risk..
You will indemnify and hold harmless News Butterfly and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.
Limitation of Liability
NEITHER NEW SBUTTERFLY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEWS BUTTERFLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL NEWSBUTTERFLY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS OF ONE HUNDRED DOLLARS ($1).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEW SBUTTERFLY AND YOU.
Governing Law :
a }These terms of service shall be governed by and construed in accordance with the laws of New York State Any disputes arising from or related to these terms shall be subject to the exclusive jurisdiction of the courts of New York State
b } News Butterfly shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the platform or its content, even if advised of the possibility of such damages.
- Agreement to Arbitrate :
You and News Butterfly agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration in New York state only .The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the State of New York .YOU ACKNOWLEDGE AND AGREE THAT YOU AND NEWS BUTTERFLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and News Butterfly otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules :
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.
Arbitration Process :
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitrator’s Decision :
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Even if If you prevail in arbitration, you will not be entitled to an award of attorneys’ fees and expenses. News Butterfly will seek, and hereby recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if News Butterfly changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and News Butterfly in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General Terms :
These Terms constitute the entire and exclusive understanding and agreement between News Butterfly and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between News Butterfly and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without News Butterfly’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. News Butterfly may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by News Butterfly under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services.
News Butterfly’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of News Butterfly. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact News Butterfly at: