Terms of Use
Last Updated:ย Juneย 21, 2024
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NEWSENDYย provides website features and other products and services to you when you visit or shop our family of websites, or use our software in connection with any of the foregoing, in each case subject to your compliance with these Terms of Use.
These Terms of Use constitute an agreement between NEWSENDY and you.By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.
Please note that these Terms of Use contain provisions that govern the resolution of claims between NEWSENDY and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.
Privacy & Security
Please review ourย Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.
Information security is important to NEWSENDY. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. NEWSENDY does, however, reserve the right at all times to disclose any information as NEWSENDY deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Changes
NEWSENDY reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Changes, however, shall not apply retroactively to claims for which you or NEWSENDY have given notice. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use.
We will notify you of any change to these Terms of Use by any reasonable means, such as by updating the "Last Updated" date at the top of these Terms of Use.ย Back to Top
Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by NEWSENDY. Any use of the NEWSENDY Marks without the prior written permission of NEWSENDY is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the NEWSENDY Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of NEWSENDY.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
NEWSENDY uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please see our Privacy Policy.ย Back to Top
User-Generated Content
From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content").
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to NEWSENDY that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize NEWSENDY to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate NEWSENDY'sย Acceptable Use Policyย set forth below.
As between you and NEWSENDY, you will retain all of your ownership rights in and to your User Content. By submitting User Content to NEWSENDY, you hereby grant to NEWSENDY a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that NEWSENDY may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.
NEWSENDY does not endorse any User Content or any opinion, recommendation, or advice expressed therein. NEWSENDY reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. NEWSENDYย has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason. NEWSENDY takes no responsibility for User Content.ย Back to To
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant NEWSENDY all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including NEWSENDY; (iv) impersonate any person or entity, including but not limited to, a representative of NEWSENDY, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. NEWSENDY reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.ย Back to Top
Product Orders
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. NEWSENDY reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Your email order confirmation and invoice will identify the seller of record for your order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and NEWSENDY reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the NEWSENDY Rewards Program described below. NEWSENDY reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at NEWSENDY's sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.ย Back to Top
Links to Other Websites
The Sites may contain links to third-party websites ("Other Sites") that are not under NEWSENDY's control. NEWSENDY makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. NEWSENDY provides these links to you as a convenience and the inclusion of any link does not imply endorsement by NEWSENDY. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.
