Terms of Use for MyNews2U.com

Last Updated: March 17, 2008

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING MYNEWS2U.COM WEB SITE. YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, MATERIALS, PROGRAMMING, PRODUCTS, OR ANYTHING ELSE OF USE OR VALUE ON MYNEWS2U.COM CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF USE THEN IN EFFECT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OR ACCESS MYNEWS2U.COM WEB SITES.

1. Acceptance of Terms of Use

Mynews2u.com provides various services subject to the following Terms of Use ("TOU" or "Terms of Use"). mynews2u.com reserves the right to alter these Terms of Use without advance notice by posting revised Terms of Use. Accordingly, you should review these Terms of Use each time you access any mynews2u.com to stay informed of any changes to the Terms of Use. If the Terms of Use have been changed, the "Last Updated" notation at the top of this page will reflect the date of those changes. Any use of mynews2u.com by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

2. General Terms of Use

mynews2u.com is available for individuals aged 13 years or older. If you are under 13, please exit this website immediately. By using mynews2u.com, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on this website, and fulfill the obligations set forth in the TOU, which forms a binding contract between you and mynews2u.com

All such Terms of Use, guidelines or rules are hereby incorporated by reference into the TOU. The TOU incorporates the Terms of Use and mynews2u.com’s Online Privacy Policy on the mynews2u.com site.

For any portion of the Web sites that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

mynews2u.com shall have the right at any time to change or discontinue any aspect or feature of mynews2u.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

4. Submissions

By submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant mynews2u.com a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party.

Your submissions are deemed non-confidential and mynews2u.com has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the mynews2u.com privacy policy, available on mynews2u.com.

You represent and warrant to mynews2u.com that you have the full legal right, power and authority to grant to mynews2u.com the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.

Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. mynews2u.com does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.

Web site user submissions to mynews2u.com do not represent the views of mynews2u.com, or any individual associated with mynews2u.com and we do not control this content. In no event shall you represent or suggest, directly or indirectly, mynews2u.com’s endorsement of user submissions. Mynews2u.com does not vouch for the accuracy or credibility of any content submitted by users on our Web sites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on mynews2u.com. Through your use of mynews2u.com, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using mynews2u.com, you assume all associated risks.

5. Definitions

"Account" has the definition above.

"You" means the user or visitor to mynews2u.com.

"Privacy Policy" means mynews2u.com’s current Privacy Policy, available on the site..

"Terms of Use" means the current Terms of Use of service in effect as set forth herein or elsewhere on mynews2u.com.

6. Monitoring

mynews2u.com shall have the right, but not the obligation, to monitor the content of mynews2u.com, including online forums, to determine compliance with these Terms of Use. mynews2u.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on mynews2u.com. Without limiting the foregoing, mynews2u.com shall have the right to remove any material that mynews2u.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. In addition, mynews2u.com will share personally identifiable information with governmental authorities and will respond to civil or criminal subpoenas or court orders when legally required or authorized to do so.

The decision by mynews2u.com to monitor and/or modify the content of mynews2u.com does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of mynews2u.com in connection with or arising from use by you of mynews2u.com or participation in any online forums or interactive features of mynews2u.com.

7. Third-Party Links, Sponsors and Frames

(A) mynews2u.com may provide links to other World Wide Web sites or resources. Because mynews2u.com has no control over such sites and resources, you acknowledge and agree that mynews2u.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that mynews2u.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.

(B) mynews2u.com may contain commercial images and/or links to sponsors of mynews2u.com. mynews2u.com is not responsible or liable for the content of those images and/or links.

(C) No third party may use framing technologies or functionalities to contain any content provided by mynews2u.com, for purposes either commercial or non-commercial, without express prior and written consent from mynews2u.com.

(D) No third party may provide links to any content within mynews2u.com without the express prior written consent from mynews2u.com.



8. Disclaimer of Warranty; Limitation of Liability

(A) You expressly agree that use of mynews2u.com is at your sole risk. Neither mynews2u.com, its affiliates nor any of their respective employees, or agents warrant that mynews2u.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of mynews2u.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through mynews2u.com.

(B) MYNEWS2U.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MYNEWS2U.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OF MYNEWS2U.COM OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(D) IN NO EVENT WILL MYNEWS2U.COM, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MYNEWS2U.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MYNEWS2U.COM, NOR SHALL MYNEWS2U.COM, ITS PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MYNEWS2U.COM BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO MYNEWS2U.COM, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF SECTION 10 SHALL APPLY TO ALL CONTENT ON MYNEWS2U.COM

(E) IN ADDITION TO THE TERMS OF SERVICE SET FORTH ABOVE, NEITHER MYNEWS2U.COM, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MYNEWS2U.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSIONTHEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER MYNEWS2U.COM, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

(F) mynews2u.com makes reasonable efforts to protect personally identifiable information about you, as explained in its Online Privacy Policy below, but mynews2u.com disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing mynews2u.com, you acknowledge and agree to mynews2u.com’s disclaimer of any such liability. If you do not agree, you should not access or use mynews2u.com.

9. Termination

You agree that mynews2u.com, in its sole discretion, may terminate your Account, password, and User Name and/or use of the Web sites, and may remove and discard any content within the mynews2u.com Web sites, for any reason, including, without limitation, if mynews2u.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Web sites under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that mynews2u.com may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the Web sites. Further, you agree that mynews2u.com shall not be liable to you or any third-party for any termination of your access to the Web sites.

10. Indemnification

You agree to defend, indemnify and hold harmless mynews2u.com, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of mynews2u.com by you or your Account by you or any other person using the Account. mynews2u.com reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide mynews2u.com with such cooperation as is reasonably requested by mynews2u.com.

11. Trademarks

The "mynews2u.com logo, is the service marks of MYNEWS2U.COM. All rights reserved. All other trademarks, logos and service marks appearing on mynews2u.com are the property of mynews2u.com or their respective owners.

12. Miscellaneous

These Terms of Use and any operating rules for mynews2u.com established by mynews2u.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. These Terms of Use shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. If you access mynews2u.com from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties.

13. Force Majeure

Neither mynews2u.com nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.