Welcome to the Tiny World News (sm) website (the "Website"). The Website is an Internet
property of TWN Partners, LLC ("Tiny World News," "we" or "us"). By using, viewing
and/or accessing the Website, you are agreeing to comply with and be bound by the
following Terms and Conditions (the "Agreement"). This Agreement is inclusive of
any operating rules, policies, price schedules and/or other supplemental terms and
conditions or documents expressly incorporated herein by reference and/or published
from time to time. Please review the following terms of this Agreement carefully.
If you do not consent to this Agreement in its entirety, you are not authorized to
use this Website in any manner or form.ACCEPTANCE OF AGREEMENT
You agree to the terms and conditions outlined in this Agreement with respect to
your use of the Website. You understand that the Website is a news service designed
to allow you to post a press release of relevant and truthful information about
yourself, your organization and your activities (“Press Release”), and to view such
Press Release. This Agreement constitutes the entire and only agreement between
you and Tiny World News with respect to your use of the Website, and supersedes
all prior or contemporaneous agreements, representations, warranties and/or understandings
with respect to the Website. We may amend this Agreement from time to time in our
sole discretion, without specific notice to you. The latest Agreement will be posted
on the Website, and you should review this Agreement prior to using the Website.
By your continued use of the Website, you hereby agree to all the terms and conditions
contained within the Agreement effective at that time. Therefore, you should regularly
check this page for updates and/or changes.
CONTENT AND SUBMISSIONS
You are solely responsible for the content of any Press Release you submit to the
Website. The content should consist of relevant and truthful information about yourself,
your organization and your activities (“Content”). The Content is protected by US
and international copyright laws and is owned either by us or by you. You may not
modify, copy, distribute, download for storage on a hard drive or any other storage
media, display, use, publish, license, create derivative works from, transfer or
sell any Press Release, Content or information contained in the Website, except
that you may store, print and/or email personal or company summaries from the Website
database as are necessary for your personal, non-commercial use. You may not use
the Content or any Press Release in a commercial service bureau environment including,
but not limited to, providing or exporting any information derived from a Press
Release to third parties in any form whatsoever. By submitting a Press Release,
you have acknowledged that you have granted us an unrestricted, irrevocable, perpetual
license to use, reproduce, display, transmit and distribute that Press Release,
and you also agree that we are free to use for any purpose any ideas, concepts,
know-how or techniques that you submit.
USER REPRESENTATIONS AND WARRANTIES
By using the Website, you represent and warrant to us that:
- You are authorized to submit a Press Release to us for distribution;
- The content of the Press Release you have submitted is true and accurate in all
material respects;
- The Press Release you have submitted does not contain any information that is defamatory,
vulgar, obscene, libelous, threatening, unlawful or otherwise objectionable in our
sole judgment;
- The Press Release you have submitted does not infringe any intellectual property
right, including but not limited to, patent, trademark, service mark, trade secret,
copyright or other confidentiality, privacy or proprietary rights of any third party.
- You will not hold Tiny World News liable for any representations made in a Press
Release.
- You understand that the Content of a Press Release does not represent the views
of Tiny World News.
- You hereby indemnify, defend and hold harmless Tiny World News, and all officers,
directors, owners, agents, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties" ) from and against any and all liability
and costs, including, without limitation, reasonable attorneys' fees, incurred by
the Indemnified Parties in connection with any claim arising out of any breach by
you or any user of your account of this Agreement or the foregoing representations
and warranties. You agree to cooperate as fully as is reasonably required in the
defense of any such claim, and we reserve the right, to assume the exclusive defense
and control of any matter subject to indemnification by you.
USER RESPONSIBILITIES
By using this Website, you agree that you will not knowingly:
- Impersonate any person or entity or falsely state or otherwise misrepresent yourself
in any way;
- Violate or attempt to violate the security of the Website, including, without limitation,
log in to a server or account that you are not authorized to access; attempt to
test, scan, probe or hack the vulnerability of the Site or any network used by the
Site or to breach security, encryption or other authentication measures; or attempt
to interfere with the Website by overloading, flooding, pinging, mail bombing or
crashing it.
- Reverse engineer, decompile or disassemble any portion of the Website.
- Use or attempt to use any engine, software, tool, agent or other device or mechanism
to navigate or search any portion of the Website, other than the search engine and
search agents available from us on the Website and highly-recognized third-party
web browsers (such as Microsoft Explorer and Netscape Navigator).
- Use the Website or any of the information obtained from the Website, particularly
email addresses, to send email to any individual or entity unless such email communication
fully complies with all federal and state laws and regulations regarding unsolicited
email.
EDITING, DELETION AND MODIFICATION
We reserve the right in our sole discretion to remove your Press Release or other
material from the Website at any time, without notice to you, if we determine that
your Press Release (or the Content thereof) is inappropriate or unsuitable for publication
or distribution. We will use reasonable efforts to correct any error of fact, timing
or accuracy in a Press Release that is promptly brought to our attention by you;
however, you expressly assume all risk arising from the placement of such inaccurate
Press Release on a third-party search engine database or other website. No inappropriate
or indecent Content may be submitted to the Website for display. Tiny World News
reserves the right to prohibit any conduct by registered users or to remove any
materials submitted by registered users to the Website that Tiny World News deems,
in its sole and absolute discretion, to be in violation of the Agreement or which
Tiny World News believes to be illegal, potentially harmful to others, otherwise
objectionable or that same may expose Tiny World News to harm, damage to reputation
or liability. Notwithstanding the foregoing, please be advised that Tiny World News
is not a publisher of the Press Releases or Content submitted by registered users
and does not review Press Releases or Content and assumes no liability for Press
Releases, Content or any statement made therein by you or for links provided by
you; it is merely providing a forum for the display of the Press Releases and Content
and, therefore, expressly disclaims any and all liability associated with the display
of any content submitted by registered users of the Website.
THIRD-PARTY WEBSITES
The Website may provide, third parties may provide and/or refer you to, links to
other Internet websites and/or resources. Because Tiny World News has no control
over such third party websites and/or resources, you hereby acknowledge and agree
that Tiny World News is not responsible for the availability of such third party
websites and/or resources. Furthermore, Tiny World News does not endorse, and is
not responsible or liable for, any terms and conditions, privacy policies, content,
advertising, services, products and/or other materials at or available from such
third party websites or resources, or for any damages and/or losses arising therefrom..
FEES
We reserve the right at any time to charge a fee to you for accessing the Website
or any portion of the Website. You will not be charged such fee unless you have
agreed with us in advance to pay such fee. You agree that any fees paid by you to
us are non-refundable.
INDEMNIFICATION
You agree to release, indemnify and hold Tiny World News, its affiliates, and each
of their respective members, officers, directors, employees, agents, co-branders
and/or other partners, harmless from and against any and all claims, expenses (including
reasonable attorneys' fees, costs and settlement costs), damages, suits, costs,
demands and/or judgments whatsoever, made by any third party due to or arising out
of: (a) your use of the Website; (b) your breach of this Agreement; and/or (c) your
violation of any rights of another individual and/or entity. The provisions of this
paragraph are for the benefit of Tiny World News, its affiliates, and each of their
respective officers, directors, employees, agents, shareholders, licensors, suppliers
and/or attorneys. Each of these individuals and entities shall have the right to
assert and enforce these provisions directly against you on its own behalf.
DISCLAIMER OF WARRANTIES.
THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES,
EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR
A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TINY WORLD
NEWS MAKES NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS: (B) THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE CONTENT OF
ANY PRESS RELEASE OR ANY PRESS RELEASE WILL BE ACCURATE; (D) YOUR PRESS RELEASE
WILL REACH OR BE PLACED ON A THIRD-PARTY SEARCH ENGINE DATABASE OR OTHER WEBSITE
WITHIN THE TIMEFRAME STATED IN THE WEBSITE; OR (E) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY
OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREAT AMERICAN OR THROUGH
OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TINY WORLD NEWS SHALL NOT BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TINY WORLD NEWS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY
LAW FOR: (A) THE USE OR THE INABILITY TO USE ANY TINY WORLD NEWS PRODUCT AND/OR
SERVICE THAT MAY BE OFFERED VIA THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION
AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED
INTO, THROUGH OR FROM THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION
OF, YOUR REGISTRATION DATA; OR (D) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS
AND/OR SERVICES THAT MAY BE MADE AVAILABLE ON THE WEBSITE AND/OR THE WEBSITE ITSELF.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT
NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE TINY WORLD NEWS,
AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS
OF THE LIMITATIONS STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS,
THE MAXIMUM LIABILITY OF TINY WORLD NEWS TO YOU UNDER ANY AND ALL CIRCUMSTANCES
WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY TINY WORLD NEWS PRODUCTS
AND/OR SERVICES. YOU HEREBY RELEASE TINY WORLD NEWS FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE
NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE
BARGAIN BETWEEN YOU AND TINY WORLD NEWS. THE WEBSITE WOULD NOT BE PROVIDED TO YOU
WITHOUT SUCH LIMITATIONS.
ENTIRE AGREEMENT
This Agreement contains the entire agreement between the User and Tiny World News
regarding the Website and supersedes any prior written and oral understandings or
statements.
MODIFICATION, ASSIGNMENT AND WAIVER
We may modify or change this Agreement or any portion thereof at any time by posting
such modification on the Website and providing notice on the Website of such modification.
Such modifications will be binding on you on the date they are posted on the Website
(or as otherwise stated in any notice to you of such changes). We will provide a
link to the then-current terms of service, and recommends that you review the details
of any such changes as they are binding on you regarding your subsequent use of
the Website. Your use of the Website will be considered acceptance by you of the
then-current terms of service. If at any time you find the then-current terms of
service unacceptable and do not agree to such terms of service, you must immediately
terminate your use of the Website.
JURISDICTION
This Agreement shall be governed by the laws of the State of New Jersey, without
regard to its conflict of laws rules, and you hereby give your consent to have any
action or dispute between yourself and Tiny World News resolved exclusively by courts
located in Trenton, New Jersey.
LEGAL WARNING
Any attempt by any individual, whether or not a Tiny World News registered user,
to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation
of this Website, is a violation of criminal and civil law and Tiny World News will
diligently pursue any and all remedies in this regard against any offending individual
or entity to the fullest extent permissible by law and in equity.
NOTICES AND COMMUNICATONS
We may give notices to you by means of posting on the Website or via email at your
most recent email address on file with us. If you believe a Press Release is inaccurate,
libelous, inappropriate or otherwise unsuitable for publication or distribution
you should contact Robert L. Lerner at
notices@tinyworldnews.com
or in writing at TWN Partners, LLC, 4 Benedek Road, Princeton, NJ 08540.