Please read these terms and conditions carefully before using the HeadsUp News website. As they contain binding legal terms and obligations including limitations of HeadsUp News liability and disclaimers.
Acceptance of Terms
All website services provided to you by HeadsUp News, and any of its respective affiliates, related companies, unaffiliated partners and/or licensors (together herein referred to as “HeadsUp News” or “we”) are provided to you subject to the following terms and conditions of service.
By using or accessing (either by computer, e-reader, mobile, or other electronic devices now or hereafter devised) the HeadsUp News website or any products, content, or other services available on a HeadsUp News website (each a “Service” and collectively, the “Services”), you agree to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with the HeadsUp News website (collectively the “Terms and Conditions”), all as may be modified by HeadsUp News in accordance with these Terms and Conditions. Without limiting the generality of the foregoing, the Terms and Conditions will also apply if you access a HeadsUp News website or service through a third-party website or social media application. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions referred to, shall be the entire agreement between you and HeadsUp News and any prior communications between you and HeadsUp News (including, for example, e-mails) do not form part of these Terms and Conditions. If you do not agree with these Terms and Conditions, do not use the HeadsUp News website or any of the services.
Using Our Website
You may view (and, where applicable, listen to) the content available on the HeadsUp News websites for personal non-commercial use. You may only play video or audio files using the media player on the HeadsUp News website. You must not use all or any part of the HeadsUp News website or the content on it for commercial purposes without our prior written permission. You may occasionally print individual webpages on the HeadsUp News website for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks and copyright and trademark notices are not removed. Unless otherwise stated in these Terms and Conditions, you must not (whether directly or indirectly) copy, download, store, make available, distribute, sell, or offer to sell all or any part of the content or HeadsUp News website, or download or otherwise copy (whether directly or indirectly) any content, files or data from the HeadsUp News website to make or populate a database or publication of any kind whatsoever.
Privacy Statement
Registration data and certain other personal information about you are subject to our Privacy Statement. For more information, please see our Privacy Statement. By accessing the HeadsUp News website, you signify your agreement to the Privacy Statement which may be amended from time to time. You agree that HeadsUp News has the right, but not the obligation, to monitor the HeadsUp News website and the services electronically from time to time.
You acknowledge that in the event that a third-party service provider is located in India or another foreign country, your personal information may be processed and stored in India or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. You acknowledge and agree that this paragraph constitutes prior written notice to you of, and your consent to the collection, use, and disclosure of your personal information as described above.
User Conduct
All information, data, text, software, music (including both the particular performance(s) and the underlying musical composition) sound, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, press releases, market research reports, suggestions or other materials on a HeadsUp News website, including links to any third party websites or social media applications embedded therein (“Content”), uploaded, posted or otherwise submitted by a user to a HeadsUp News website or the Services (“User Content”) is the sole responsibility of the person from which such User Content originates. HeadsUp News does not control the User Content posted via the HeadsUp News website and, as such, does not guarantee the accuracy, integrity or quality of such Content, including press releases and market research reports. You understand that by using the HeadsUp News website or Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HeadsUp News be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including User Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, or otherwise submitted via a Service.
HeadsUp News and its designees shall have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that HeadsUp News may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HeadsUp News, its users and/or the public.
Restrictions on Re-use, Re-sale of Services
All Content available on the HeadsUp News website, including the manner in which such Content is presented, and the Services are: Copyright HeadsUp News, its affiliates, related companies, unaffiliated partners and/or licensors. All rights reserved. Such content is protected by Indian and worldwide copyright laws and treaty provisions. HeadsUp News grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, or otherwise make available any of the Content obtained through the HeadsUp News website or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload, or “refresh” pages contained on the HeadsUp News website, or make any other request to transactional servers, more than once during any three-second interval.
Indemnity
You agree to defend, indemnify, and hold harmless each of HeadsUp News, its affiliates and licensors, and each of their respective officers, directors, employees, and agents, including all third parties mentioned on the HeadsUp News website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions (including any Terms and Conditions incorporated by reference); (b) your access to or use of the HeadsUp News website, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the HeadsUp News website or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
General Practices Regarding Use and Storage
You acknowledge that HeadsUp News may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that User Content will be retained by the HeadsUp News website, the maximum number of times (and the maximum duration for which) you may access the HeadsUp News website or the Services in a given period of time. You agree that HedsUp News has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted on or by the HeadsUp News website or Service. You further acknowledge that, in relation to free services, HeadsUp News reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications To Service
For users of the HeadsUp News website and/or any Services, HeadsUp News reserves the right, in its sole discretion, at any time and from time to time to modify these Terms and Conditions and discontinue, temporarily or permanently, the HeadsUp News website or Services (or any part of such HeadsUp News website or Services) with or without notice. You agree that any modification or discontinuance of the HeadsUp News website or Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance. You further agree that HeadsUp News shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever. Your continued use of the HeadsUp News website or Service will mean that you accept those changes.
Termination
You agree that HeadsUp News, in its sole discretion, may suspend or terminate your use of the HeadsUp News website or Services, and remove and discard any User Content within the Service at its convenience, or for any reason. HeadsUp News may also in its sole discretion and at any time discontinue providing the HeadsUp News website or Services, or any parts of the HeadsUp News website or Services, with or without notice. You agree that any suspension and/or termination of your access to the HeadsUp News website or Services may be effected without prior notice. You further agree that HeadsUp News shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the HeadsUp News website or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of HeadsUp News in operating the HeadsUp News website or any of the Services, your sole and exclusive remedy is to discontinue using the HeadsUp News website or Services in question.
Professional Information Disclaimer
The HeadUp News website may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness-related matters, law, accounting, and financial planning and investments (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. Use of the HeadsUp News website does not replace consultations with a qualified medical, legal, financial, or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly, and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that HeadsUp News, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
Medical/Health Information Disclaimer
The professional information may contain health-related and medical-related information (including any facts, views, opinions, recommendations, descriptions of, or references to, products, services and medications). Such health-related and medical-related information made available by HeadsUp News, through the Headsup News website or any of the services is: (a) for informational purposes only; (b) not to be used or construed as a substitute for professional medical advice, diagnosis, or treatment; (c) not intended as a recommendation or endorsement of any specific tests, products, procedures, opinions or any other information. Reliance on any health-related or medical-related professional information on, or accessible through, the HeadsUp News website or services is solely at your own risk. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information yo
Financial Information Disclaimer
The professional information may contain financial information (including any facts, views, opinions, recommendations, descriptions of, or references to, products or securities). Such financial information made available by HeadsUp News, through the HeadsUp News website or any of the services is: (a) for informational purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by HeadsUp News; and (c) not necessarily reflective of the views or policy of HeadsUp News, including the publisher, contributors and staff of, and advertisers on, the HeadsUp News website. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by HeadsUp News. You should apply your own judgment in making any use of any financial information, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. Prior to making any investment decision, it is strongly recommended that you seek outside advice from a qualified investment advisor. HeadsUp News does not provide or guarantee any financial, legal, tax, or accounting advice or advice regarding the suitability, profitability, or potential value of any particular investment, security, or information source. You acknowledge that HeadsUp News may invest or otherwise hold interests in entities which may be referenced in any of the services or content accessible through the HeadsUp News website. The views and opinions expressed on the HeadsUp News website are not intended to constitute a description of securities bought, sold, or held on behalf of HeadsUp News nor an indication by HeadsUp News of any intention to buy, sell, or hold any security.
Search Content Disclaimer
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works, search results, listings (paid or free) and/or the arrangement thereof and any other works (the “multimedia content”) located through the HeadsUp News website search services are protected by copyright and/or other intellectual property laws. HeadsUp News does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate, or create derivative works from any files containing such multimedia content. Where search results link to sites outside the HeadsUp News website, all of the multimedia content contained on such sites is owned and served by entities other than HeadsUp News. HeadsUp News provides you with the URL or address of the multimedia content; this information may be used to determine the server of the multimedia content. If you intend to make use of any multimedia content accessed through the HeadsUp News website search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the multimedia content for permission to use such multimedia content.
Third-Party Dealings & Online Sales Disclaimer
You acknowledge that some of the services accessible on the HeadsUp News website are provided by third parties. You acknowledge that in dealings with third parties, HeadsUp News is not the seller or provider and your agreement of purchase or for services with such third party is between you and the third party, and not HeadsUp News. HeadsUp News assumes no responsibility whatsoever for any charges you, or any user of any account you establish through the HeadsUp News website, incurs when making purchases or other transactions in this manner. The responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours and/or the third party’s alone. You agree that HeadsUp News shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the HeadsUp News website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations, and warranties related to such dealings, are solely as between you and such third parties.
Trademarks
HeadsUp News, the hHeadsUp News logo, and HeadsUp News trademarks and design marks, are trademarks and registered trademarks of HeadsUp News. (collectively, the “HeadsUp News Marks”). All other product, brand, and company names and logos used or mentioned on the HeadsUp News website or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the HeadsUp News website or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
Governing Law/Jurisdictional Issues
Except for third-party sites and services independently operated and accessed through the HeadsUp News website and Services are controlled, operated and administered by HeadsUp News from its offices within Noida, India. HeadsUp News makes no representation or warranty that the HeadsUp News website or any of the Services are appropriate or available for use at any locations outside India. If you access the HeadsUp News website from outside India, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the HeadsUp News website in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed, and governed by the laws in force in the Province of Noida, and the federal laws of India applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Noida and the Federal Courts situated therein and to waive any objections based upon venue.
Miscellaneous
These Terms and Conditions constitute the entire agreement between HeadsUp News and you pertaining to your use of the HeadsUp News website and Services and, except as specifically set forth herein, supersede any prior agreements between you and HeadsUp News relating to the HeadsUp News website and Services. HeadsUp News may assign these Terms and Conditions, in whole or in part, at any time. HeadsUp News’s failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions, as amended from time to time, are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein which shall remain in full force and effect and shall be construed as if the invalid provision had been omitted. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English.
Submitter Content Submission License, Release and Waiver
In consideration of HeadsUp News’s agreement to allow you to post, e-mail, transmit, upload or otherwise submit any User Content materials to the HeadsUp News website or Services and, possibly, to review, and potentially publish any such materials submitted to HeadsUp News by you, and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with HeadsUp News as follows.
1) You acknowledge that:
- By posting, e-mailing, transmitting, uploading or otherwise submitting any User Content to the HeadsUp News website or Services, you hereby irrevocably grant and assign to HeadsUp News the unlimited right and license, for the full term of copyright or any extension thereof, to copy, adapt, transmit, communicate, public display and perform, distribute and create compilations and derivative works from such User Content, and to publish, reproduce and otherwise use and exploit the User Content in any manner and in any and all media, whether now known or hereafter devised, throughout the world, without further compensation. HeadsUp News shall be entitled to edit the User Content, and you hereby waive in favor of HeadsUp News and its assigns, all “moral rights” in and to the User Content. Nothing herein shall obligate HeadsUp News to use or publish the User Content in any manner. The rights granted hereunder may be freely assigned or sub-licensed by HeadsUp News to any third party.
- HeadsUp News receives numerous submissions of ideas, stories, and other materials from other sources and, in addition, HeadsUp News creates, and/or commissions others to create on HeadsUp News’s behalf, such materials (collectively the “HeadsUp News Materials”). The subject matter and substance and/or other elements (collectively the “Elements”) contained in the HeadsUp News Materials may be similar to those contained in the User Content submitted by you. You expressly and irrevocably understand, acknowledge and agree that HeadsUp News is accepting the User Content at your request, which request was and is deemed to have been made by you after having been advised by HeadsUp News that there are or may be pre-existing HeadsUp News Materials which may have one or more Elements similar, or substantially similar, to those found in the User Content;
- HeadsUp News shall be entitled to use the User Content you submit to HeadsUp News without compensation or obligation to you; and
- There is no relationship of any type created, including without limitation any agency, or fiduciary relationship, as between you and HeadsUp News, by virtue of the submission by you of the User Content to HeadsUp News hereunder.
2) You hereby expressly and irrevocably release and forever discharge HeadsUp News, its parent, subsidiary, affiliated and associated companies, and their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, HeadsUp News’s use of the User Content.
3) You represent and warrant that:
- the User Content you submit, and each and every of its component elements, are wholly original with you and not copied in whole or part from any other work;
- you have the full and complete right to grant the permissions given hereunder to HeadsUp News, and that no further permissions are required from, nor payments required to be made to any third party in connection with the use by HeadsUp News of the User Content as contemplated herein; and
- the User Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or company, or violate any law or judicial or governmental order.
4) You hereby agree to indemnify and hold harmless HeadsUp News, its partners, co-producers, financiers and distributors, their parent, affiliated and related companies, and all of their respective individual shareholders, directors, officers, employees, licensees and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of this license, release and waiver.
5) You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against HeadsUp News, all of which such rights are hereby expressly and irrevocably waived by you in favor of HeadsUp News.
6) You acknowledge having obtained independent legal advice in connection with this license, release and waiver, failing which, you shall be deemed to have voluntarily waived the right to seek such independent legal advice.
7) Except to the extent that they conflict with the license, release and waiver terms of the upload of your Music, Photos, and/or User Content, the general Terms and Conditions for use of the HeadsUp News website are also applicable to your submission of User Content and such Terms and Conditions are incorporated into this license. If those general Terms and Conditions conflict with the terms and conditions of this license, release and waiver, this license, release and waiver will govern. Except as otherwise defined in this license, any capitalized terms shall have the meanings given to such terms in the general Terms and Conditions.
