Terms of Use
Last Updated: July 15,2024
These terms of use (“Terms”) govern your use of the Proof News (collectively, “Proof,” or “we,” “us,” or “our”) websites and mobile properties, including all interactive features and communications we provide in connection with the websites or apps that we operate or make available (collectively, the “Service”). Use of this Service constitutes acceptance of these Terms. If you do not accept these Terms, then you may not use the Service.
We may change these Terms on a going-forward basis at any time and at our sole discretion. If we make changes to these Terms, we will update the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Service.
- identifiable information, is governed by Proof’s Privacy Policy, which is incorporated into and is a part of these Terms.
- Access License. Proof grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service. The Service may only be used for the intended purpose for which we make it available. We and our licensors reserve all rights to the Service (including Content) not expressly granted, whether by implication, estoppel, or otherwise.
- Ownership. We and our licensors own all of the content featured or displayed on the Service, including text, graphics, photographs, images, moving images, sound, and illustrations (“Content”). All elements of the Service, including without limitation the general design and the Content, are protected by copyright, moral rights, trademark, and other laws relating to intellectual property rights. We may allow you to republish certain Content, subject to your compliance with the license and restrictions posted here (“Republishable Content”). You are responsible for ensuring your use is permissible before reusing any Republishable Content. Except for the Republishable Content, you may not modify any Content, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You will not remove any copyright, trademark, or other proprietary notice from any material found on the Service. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Service. The Service, Content, and all related rights remain the exclusive property of Proof or its licensors, vendors, agents, and/or Content providers unless otherwise expressly agreed.
- Restrictions. Except for Content we allow you to republish, you may not reproduce, sell, resell, or otherwise exploit the Service or any part of it without our written consent. Additionally, you will not: (a) use the Service for any commercial purpose; (b) make derivative use of the Service; (c) download or copy information for the benefit of a third party; (d) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission; (e) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (f) use the Service including Content in connection with the training of artificial intelligence, machine learning or of similar system or software. Any unauthorized use automatically terminates the permissions and licenses granted to you by us.
- Trademarks/No Endorsement. All trademarks, service marks and trade names of Proof used in the Service or the Content (collectively “Marks”) are trademarks or registered trademarks of Proof or its affiliates, partners, vendors, or licensors in the United States or other countries. You may not use, copy, reproduce, republish, distribute, or modify Marks in any way without our prior written consent.
- Third Party Links. The Service may contain links to websites that we and our affiliates do not own, operate, or control. All such links are provided solely as a convenience to you. If you use these links, you will leave the Service. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you access any other websites linked to or from the Service, you do so entirely at your own risk.
- Suspension and Termination. We may suspend your use of this Service if you breach these Terms or we believe that your actions may cause harm or legal liability to us or our users.
- DISCLAIMERS LIMITATIONS OF LIABILITY. THE CONTENT, INFORMATION, MATERIALS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. PROOF IS NOT LIABLE TO YOU FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE INCLUDING ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT SHALL PROOF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, AND CAUSES OF ACTION OR OTHERWISE EXCEED $5.00.
- General. Any claim relating to and any the use of this Service and the materials contained herein are governed by the laws of the State of California, and you consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will be enforced. Headings are for reference purposes and have no interpretive value. Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive these Terms will survive any termination or expiration of these Terms.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Service, we may act as a “service
sprovider” (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Service. Proof has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Service. Proof has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Proof or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sec. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is privacy@proofnews.org.
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on the Service, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
For more information about Proof, please contact us at privacy@proofnews.org.
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