USER TERMS OF USE

Version 1.1 / 01.02.2019

I General information / Scope of application

Newsadoo is a social media news ecosystem under the domain newsadoo.com (and other endings) (hereinafter referred to as “Newsadoo”). Newsadoo provides messages/news/reports/and the like (hereinafter referred to as “Contents”) in their original version as provided by third parties (hereinafter also referred to as “Content Providers”), with the contents remaining the sole responsibility of the Content Providers.

These Terms of Use apply to your access and use of Newsadoo and all products (such as apps) and services provided by Newsadoo (hereinafter referred to as “Products”). You (hereinafter also referred to as the “User”) may only access and use our Products and Services if you accept our Terms of Use by registering to use our website.

Newsadoo may request you to review and accept supplementary terms and conditions applying to your interaction with a specific Newsadoo Product or Service. If and as far as such supplementary conditions are at variance with these Terms of Use, the supplementary terms and conditions associated with the Product shall apply to your use of that specific Product.

II Registration / Setting up an account

To set up an account you are required to register with Newsadoo, providing an email address and a password and expressly agreeing to these Terms of Use. Anonymized email addresses are not accepted.

You shall manage your account personally. All details in your account must be correct and true.

You must not disclose your password to third parties and are obligated to keep it secure to prevent third-party misuse. If you lose your password or if it becomes known to third parties or in the case of suspected unauthorized use of your member’s account, you must immediately notify Newsadoo. All activities performed in connection with Newsadoo until then will be ascribed to you and you will be held liable for them.

Newsadoo reserves the right to assign its rights and obligations towards Users, whether in whole or in part, to third parties.

The registration and Newsadoo account creation may be revoked at any time by the User or by Newsadoo. You have the right to terminate your registration and delete your account in the account settings at any time.

Newsadoo registration is free.

Buying chargeable packages is only allowed from age 16 (sixteen).

III Software

You will not modify any of our source codes or create derivative works or decompile or try to extract source code in any other way.

When you download or use our software, for example an independent software product, an app or a browser plugin, you accept that the software may download from us and install innovations, updates and additional functions from time to time for improvement and further development of the software.

IV Third-party services

Our Products contain links to websites, services or other activities provided by third parties and advertisers which are not owned or controlled by Newsadoo. Newsadoo does not endorse the websites, information, material, products or services provided by such third parties and is not responsible for them. Access to third-party websites, services or contents is at your own risk, and Newsadoo will not be liable for the access to or use of third-party websites, services or contents.

Every content provider is responsible for its own contents.

V License

Under these Terms of Use we grant you a limited, non-exclusive, non-transferable, revocable license to use our Products.

Newsadoo reserves the right to terminate or suspend the license at any time without prior notice, whether for cause or without cause.

VI Warranty

The Products and all contents included are provided with no liability being assumed and without warranty of any kind, whether express or implied.

Newsadoo disclaims all warranties of constant, full and flawless availability of the services, particularly in connection with errors, delays or disruption of transmission, loss or erasure, viruses, misuse or up-to-dateness. The use of Newsadoo Products, including, but not limited to, downloading or otherwise using contents, is at your own risk. Newsadoo disclaims all responsibility and liability for the accuracy, completeness and reliability of the information and data provided within the scope of Newsadoo Services. The technical requirements for using the Products are the sole responsibility of the User. Newsadoo disclaims all warranties that the operation of the contents of the Services on the required hardware and software will be flawless at all times.

Newsadoo disclaims all warranties for banners and external links that are placed to our Website, including all announcements, offers and advertising messages. Framing is not allowed. If you connect to linked websites, Newsadoo will assume no liability, neither for the content (e.g. contents contrary to statutory regulations or immoral, faulty or incomplete contents) of that website nor for any damage resulting from the use of linked information.

When you enter into a legal transaction with the operators of a linked website, a contractual relationship exists only between you and the operator of that linked website. Newsadoo will assume no liability for the performance of such operators / providers.

VII Liability

Claims for damages against Newsadoo, members of its management, representatives, employees or subcontractors in connection with publications, Products and/or Services are excluded, unless such damage or loss has been caused by intent or gross negligence. Liability for injury to life, body or health (personal injury) remains unaffected.

The disclaimer of liability also includes any liability for claims due to operational disruption, loss of data and/or information, failure of data processing facilities, loss of profit and indirect and/or pecuniary loss. Liability is also excluded for all cases of malfunction, delays and/or interruption of Products and/or insufficiently complete and current availability of the Products, unless they have been caused by Newsadoo by intent or gross negligence. The limitations and/or disclaimers of liability also apply to Newsadoo’s affiliated companies.

Where Newsadoo is liable, the liability will be limited to actual loss incurred. This includes in particular, but not exclusively, lost profit and indirect damage (e.g. lawyers’ fees). Liability is limited to compensation in cash; replacement in kind is excluded.

Newsadoo generally excludes any liability for circumstances beyond Newsadoo’s sphere of responsibility (e.g. misuse or loss of passwords, failures in the User’s data processing facilities).

VIII Data protection

Setting up an account involves processing of Users’ personal data. The Privacy Policy provides detailed information in this respect.

You have the right to access, correct or erase, at any time, the personal data provided by you.

IX Consent to receipt of emails from Newsadoo and revocation of consent

When you set up your Newsadoo account and accept these Terms of Use, you agree to receiving emails from Newsadoo.

You may revoke your consent to receiving emails at any time – without giving reasons – by sending an email to support@newsadoo.com.

X Place of performance, place of jurisdiction and governing law

These User Terms of Use shall be governed by and construed in accordance with the laws of Austria excluding international conflict of law rules.

The place of performance is the registered office of Newsadoo in Linz. The exclusive place of jurisdiction is the competent court in Linz. If the User is a consumer as defined by the Austrian Consumer Protection Act and if his or her place of residence or habitual residence is in Austria or if he or she is employed in Austria, the court of the judicial district in which the User’s place of residence or habitual residence or place of employment is located will have jurisdiction ratione loci.

XI Other provisions

Should any individual provisions of these GTC be or become invalid or unenforceable or contestable, the validity of the remaining provisions will remain unaffected. The invalid provisions shall be deemed to have been replaced by valid and enforceable provisions coming as close as possible to the economic purpose of the invalid provision. The same applies if these GTC should contain a gap.

Newsadoo reserves the right to determine the form and way in which you are provided with information.

Newsadoo reserves the right to modify and update the User Terms of Use from time to time. The Users will be informed of any amendments or modifications and asked for their consent when they log on to their Newsadoo account the next time.

If the amended or modified Terms of Use are not accepted, the Products provided by Newsadoo can no longer be used. Newsadoo may continue to use the data generated by Newsadoo from the relevant User up to that time.

The Terms of Use as amended from time to time shall apply. They are available at http://newsadoo.com at any time.

XII Parties

Any reference to Newsadoo in these Terms of Use means Newsadoo GmbH incorporated under FN 464128 t, with its registered office in Linz and its business address at City Tower 1, 13. Stock, Lastenstraße 36, 4020 Linz.

For Users, these Terms of Use constitute an agreement with Newsadoo GmbH.