Welcome to Global Diaspora NewsTM (“Global Diaspora News”, “GD News”, “we”, “our”, “us”, “Site”, “Sites”, “Website”), the world’s premier one-stop-shop for up-to-date news, pictures and videos that can improve lives of the diaspora and the people they interact with locally and internationally.
In this agreement, by “Global Diaspora News” we also mean the features and services available, including through: (a) our Website at https://www.GlobalDiasporaNews.com and our social medias, any other Global Diaspora News branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions and applications); (b) our developer platform and other platforms; (c) social plugins, (d) the diaspora map, (e) the directory, the registration on the Site (e.g. for newsletter, press release services or any other free and premium services) and products provided by Global Diaspora News; and (f) other media, software, devices, or networks now existing or later developed, any of our applications, online service you access, including any updates, new versions or new releases thereof (any and all of the foregoing are referred to collectively and individually as the “Service”).
By “User” we mean anyone who use the Site, registered or subscribed to use Global Diaspora News services or products.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by Global Diaspora News anytime a need arises, such modifications to be effective immediately upon posting by Global Diaspora News on the Website. By accessing the Website or becoming a User and using the Service, you accept this Agreement and agree to all of the terms, conditions, and notices contained or referenced herein. By accessing the Website or becoming a User and using the Service, you consent to have this Agreement provided to you in electronic form.
In our context, Diaspora means anyone who, for any reasons, is living in a country or town that is not his or her place of origin/ancestry or a place where s/he grew up or may have lived for a long time. Some people may call that person an immigrant, a stranger, or an alien. Some may argue that, most individuals can be remotely linked to a country of origin different than their current country of residence, and therefore, most of us are an alien, immigrant, or a Diaspora of somewhere. Without entering into any political and demographic debates, the word “Diaspora” as used in the context of Global Diaspora News can be applied to any human being. More about the definition of the term diaspora can be seen at https://www.globaldiasporanews.com/about/.
3. Service Eligibility
To register as a User and use Global Diaspora News Service, you must be at least thirteen (13) years old or older and have a parent’s or guardian’s permission to access or use the Service. The use of the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement as well as to abide by all of the terms and conditions of this Agreement.
You consent that you are not currently restricted from the Service, or not otherwise prohibited from having a Global Diaspora News account. You agree that you are not a competitor of Global Diaspora News or are not using the Service for reasons that compete with Global Diaspora News. You will maintain only one account on Global Diaspora News at any given time.
4.Term of this Agreement and Communications
This Agreement will remain in full force and effect while you use the Website and/or are a User. You may terminate your membership and/or subscription at any time. If you have a difficulty doing so, please contact us via the “Contact Us” page.
When you become a User, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.
5. Proprietary Rights and Quality of Content on Global Diaspora News
Global Diaspora News owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Global Diaspora News, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
You are solely responsible for the content/post that you publish or display on the Service, or transmit to other Users. You will not post on the Service, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree to not provide inaccurate, misleading or false information to us or to any other User. If information provided to Global Diaspora News, or another User, subsequently becomes inaccurate, misleading or false, you agree to promptly notify Global Diaspora News of such change.
You understand and agree that Global Diaspora News may review and delete any content, messages, double-blind emails, photos or profiles, in each case in whole or in part, that in the sole judgment of Global Diaspora News violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
By posting a content to any public area of Global Diaspora News, you automatically grant, and you represent and warrant that you have the right to grant, to Global Diaspora News, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Global Diaspora News will not infringe or violate the rights of any third party or violate any laws.
6. Prohibited Activities
Global Diaspora News reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators if we believe you have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful, or illegal. The following is a partial list of the kind of content that is illegal or prohibited on the Website:
- patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 13, or solicits personal information from anyone under the age of 13, or provide material that exploits people in a sexual or violent manner;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing/creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; and
- engages in commercial activities and/or sales (e.g. contests, sweepstakes, barter, advertising, and pyramid schemes) without our prior written consent.
- Post on the site content that do not own without permission of the owner, including written photographic, music and videos, etc.
Your use of the Service, including but not limited to the content you post on the Service, must be in accordance with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Users. You may not transmit any chain letters or junk email to other Users. Although Global Diaspora News cannot monitor the conduct of its Users off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion. All information you include in your User profile must be accurate, current and complete.
- You will not impersonate any person or entity.
- You will not “stalk” or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by Global Diaspora News without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not upload viruses or other malicious codes.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any User.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the Website.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Service or the Website, without Global Diaspora News’ prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Global Diaspora News or the Service or the site in order to direct any person to any other website for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Global Diaspora News to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Global Diaspora News, such as a denial of service attack or interference with page rendering or other Global Diaspora News functionality.
Content and Non-Endorsement
Opinions and other statements expressed by users and third parties are theirs alone, not opinions of Global Diaspora News. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, web sites, and various resources or locations on the web. Global Diaspora News has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.
7. Customer Service
When communicating with our customer care representatives, you should not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls and communications between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
8. Provisions Applicable to Advertisers
To learn about our adverting policies, please visit www.GlobalDiasporaNews.com/ads.
9. Agreement Enforcement
This agreement and our policies referenced here and available on our Website make up the entire agreement between the parties regarding your use of Global Diaspora News, the Website or the Service and supersede any prior agreements in this regard.
- If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Agreement, it will not be considered a waiver.
- Any amendment to or waiver of this Agreement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
- All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Agreement shall prevent us from complying with the law.
- This Agreement does not confer any third-party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Global Diaspora News.
10. Your Rights
You retain your rights to any content you submit, post or display on or through the Service. By submitting, posting or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Global Diaspora News to provide, promote, and improve the Service and to make content submitted to or through the Service available to other companies, organizations or individuals who partner with Global Diaspora News for the syndication, broadcast, distribution or publication of such content on other media and service, subject to our terms and conditions for such content use. Such additional uses by Global Diaspora News, or other companies, organizations or individuals who partner with Global Diaspora News, may be made with no compensation paid to you with respect to the content that you submit, post, transmit, or otherwise make available through the Service.
We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services, or media.
11. Paid Membership and Subscription
11.1. Free Trials and Other Promotions
Registration on Global Diaspora News is free. As we build our services and products, Global Diaspora News may choose to make available free of charge any of our services and products. However, Global Diaspora News reserves the right to change with or without notice, at its sole discretion, the pricing of any services, and end any free trial anytime as needed. Any free trial or other promotion that provides access to the Service must be used within the specified time of the trial.
11.2. Paid Membership
To help us with our expenses and to improve our services and products, some advanced features are paid (“Paid Member Subscription”). Some of the paid features include but are not limited to:
- Press release services
You may terminate your paid membership and/or subscription at any time. If you resign or cancel your subscription, to help Global Diaspora News analyze and improve our services, you may be asked to provide a reason for your resignation/cancellation. If you terminate your paid subscription, your subscription may remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). If your paid service is terminated, we will notify you through the email address you provided during your application for membership, or such other email address as you may later provide to Global Diaspora News. All decisions regarding the termination of accounts shall be made in the sole discretion of Global Diaspora News. Global Diaspora News is not required to provide you notice prior to terminating your subscription. Global Diaspora News is not required, and may be prohibited, from disclosing a reason for the termination of your account. Global Diaspora News reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Global Diaspora News shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
If you are on a free trial, you must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact us to have the charges reversed.
11.3. Billing and Payment
If you chose to use the paid Member service, Global Diaspora News bills you through your online billing account for use of our paid service. You agree to pay Global Diaspora News all charges at the prices you agreed to for any use of the service by you or other persons (including your agents) using your billing account, and you authorize Global Diaspora News to charge your chosen payment provider for the Service. You agree to make payments using that selected payment method. Global Diaspora News may correct any billing errors or mistakes that it makes even if it has already requested or received payment.
If you purchase any of our paid services and products, you agree that Global Diaspora News may store your payment card information. You also agree to pay the applicable fees as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. If you use a paid service, your obligation to pay fees continues through the end of the subscription period during which you cancelled your subscription.
11.4. Automatic Renewal for Paid Membership Subscription
If you subscribe to a premium service in order to use our advanced features, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Global Diaspora News to charge your payment method now and again at the beginning of any subsequent subscription period. You also authorize Global Diaspora News to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Global Diaspora News does not receive payment from your payment method provider, (i) you agree to pay all amounts due on your billing account upon demand, and/or (ii) you agree that Global Diaspora News may either terminate or suspend your subscription and continue to attempt to charge your payment method provider until payment is received. Upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.
12. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on Global Diaspora News Website in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- a description of the copyrighted work that you claim has been infringed
- a description of where the material that you claim is infringing is located on the Website
- your address, telephone number, and email address
- a written 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Use of RSS Feeds
Our site may provide an RSS feed (the “Feeds”). Individuals may use the Feeds free of charge for their personal, non-commercial use only. When using our feeds, we ask that you provide attribution to “Global Diaspora News www.GlobalDiasporaNews.com “ including at a minimum a linked logo, a link that returns to the original URL and that you set the canonical tag to Global Diaspora News. Global Diaspora News reserves the right to disable, change, or cease distribution of Feeds at any time, and reserves the right to require individuals cease any and all use of the Feeds at any time for any reason. To request permission to make commercial use of the Feeds, please contact us at [email protected]. Global Diaspora News will consider such submitted requests but is not obligated to grant any specific permission request.
By using the Sites you agree and acknowledge that (1) you will not publish, broadcast, or rewrite for broadcast or publication, or redistribute directly or indirectly in any medium any text, photo, graphic, audio, and/or video material, and (2) no Global Diaspora News materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Global Diaspora News will not be held liable for any delays, inaccuracies, errors or omissions in its materials or in the transmission or delivery of all or any part of its materials, or for any damages arising from any of the foregoing. In addition to those set forth in this paragraph, Global Diaspora News may impose other terms and conditions on the use of its materials.
Because some materials on our site are not ours, you need to ensure you properly give credit to the original source when needed.
13. Disclaimers and Limitation of Liability
Global Diaspora News is not responsible for the conduct, whether online or offline, of any User of the Website. Global Diaspora News assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of User communications. Global Diaspora News is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with Global Diaspora News’ Website, Service, product and applications. Under no circumstances will Global Diaspora News or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from any User of the Website or the Service, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The Website and the Service are provided on an “AS IS” and “AS AVAILABLE” BASIS. Global Diaspora News expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Global Diaspora News cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Global Diaspora News makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or if a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Except in jurisdictions where such provisions are restricted, in no event will Global Diaspora News be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Global Diaspora News has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Global Diaspora News’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Global Diaspora News for the Service during the last 2 months of the term of membership.
Additionally, we cannot control the actions of other Users with whom you may choose to share information, nor can we guarantee that our security system will not ever be breached. We cannot and do not guarantee that User content you post on the Website will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of User content may remain viewable in cached and archived pages or if other Users have copied or stored your User content.
You agree that your use of the Global Diaspora News Website shall be at your sole risk. To the fullest extent permitted by law, Global Diaspora News, its officers, directors, employees and agents disclaim all warranties, expressed or implied, in connection with our Website, Service and products and your use thereof. Global Diaspora News makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any sites linked to this Website; and in no event shall Global Diaspora News, its officers, directors, employees or agents be liable or assumes no liability or responsibility to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any of the circumstances below:
- Errors, mistakes or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website;
- Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
- Any interruption or cessation of transmission to or from our Website;
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by any third party; and
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Global Diaspora News Website whether based on warranty, contract, tort or any other legal theory, and whether or not Global Diaspora News is advised of the possibility of such damages.
Global Diaspora News does not warrant, endorse, guarantee, or assume any responsibility for any product or service advertised or offered by a third-party through the Global Diaspora News Website or any hyperlinked Website or featured in any banner or other advertising, and Global Diaspora News will not be a party to or in any way be responsible for monitoring any transaction between you and the third-party providers of products or services.
The foregoing limitations of liability shall apply to the fullest extent permitted by law if the applicable jurisdiction. You specially acknowledge that Global Diaspora News shall not be liable for User submissions, or posts, interactions, communications with you or the defamatory offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Global Diaspora News Website and products are controlled and offered by Global Diaspora News from its facilities in the United States of America. Global Diaspora News makes no representations that the Global Diaspora News Website is appropriate or available for use in other locations. Those who access or use the Global Diaspora News Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. No advice or information, whether oral or written, obtained from Global Diaspora News or through our Service, will create any warranty not expressly made herein.
To sum up the disclaimers, Global Diaspora News has worked to ensure the accuracy of the information it provides through its products and services, including through the Sites. This information frequently relies on data obtained from many sources, however, Global Diaspora News cannot guarantee the accuracy of the information provided or any analysis based thereon.
YOU EXPRESSLY AGREE THAT THE USE OF GLOBAL DIASPORA NEWS’ PRODUCTS AND SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND GLOBAL DIASPORA NEWS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GLOBAL DIASPORA NEWS DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM GLOBAL DIASPORA NEWS, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM GLOBAL DIASPORA NEWS NOT EXPRESSLY STATED IN THIS AGREEMENT.
EXCEPT AS OTHERWISE STATED, GLOBAL DIASPORA NEWS MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEBSITE LINKED TO THE SITE. YOU AGREE THAT NEITHER GLOBAL DIASPORA NEWS, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER GLOBAL DIASPORA NEWS NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
GLOBAL DIASPORA NEWS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER GLOBAL DIASPORA NEWS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
GLOBAL DIASPORA NEWS ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF THE SITES NOR FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER OR INACCURACY CONTAINED IN ANY INFORMATION WITHIN THE SITES OR ACCESSED THROUGH THE SITES.
GLOBAL DIASPORA NEWS ALSO DOES NOT WARRANT THAT THE FUNCTIONS OR INFORMATIONAL MATERIALS CONTAINED IN OR ACCESSED OR DOWNLOADED THROUGH OUR SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, ALTHOUGH WE MAKE A GOOD FAITH EFFORT TO UPDATE THE CONTENT OF OUR SITES PERIODICALLY, WE DO NOT HAVE A DUTY TO UPDATE INFORMATION CONTAINED IN OUR SITES, AND WE WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GLOBAL DIASPORA NEWS, ITS PARENT COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUESTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, WHETHER IN NEGLIGENCE, TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY, EVEN IF GLOBAL DIASPORA NEWS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN ANY SUCH DAMAGES.
IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, GLOBAL DIASPORA NEWS’ LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.
14. Linked websites and Third-Party Applications
Global Diaspora News Website may contain links that will allow you to leave Global Diaspora News’ Website and access another website. Linked websites are not under the control of Global Diaspora News and these websites have different privacy policies. Global Diaspora News urges you to be careful when you enter any personal information online. Global Diaspora News accepts no responsibility or liability for these other websites. Global Diaspora News is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Global Diaspora News shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
If you use any extras, plug-ins or third-party applications together with the Global Diaspora News platform, Service, and products or use any third-party applications or products that incorporate or embed the Global Diaspora News platform, or Website, Service, products or applications, the provider of such applications may obtain access to certain personal information about you. Global Diaspora News does not and cannot control how the provider of applications may use any personal information in connection with such applications. Please ensure that you review any privacy policies or other terms applicable to the use of such application before installation.
15. Special Provisions Applicable to Developers/Operators of Applications and Websites
This section applies to developers or operators of a platform application or website.
Your access to and use of data you receive from Global Diaspora News will be limited as follows:
- You will not include data you receive from us concerning a User in any advertising. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a User consents to that transfer or use.
- You will not sell User data. If you are acquired by or merge with a third party, you can continue to use User data within your application, but you cannot transfer User data outside of your application. We can require you to delete User data if you use it in a way that we determine is inconsistent with Users’ expectations. We can limit your access to data.
- You will not show third party ads or web search boxes on www.GlobalDiasporaNews.com. We give you the rights necessary to use the code, data, and tools you receive from us. You will not sell, transfer, or sublicense our code, data, or tools to anyone. You will not misrepresent your relationship with Global Diaspora News to others.
- We can issue a press release describing our relationship with you. You will comply with all applicable laws. In particular, you will (if applicable): (a) have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act; (b) Comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from Users so that User data subject to the VPPA may be shared on Global Diaspora News. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
- You give us all rights necessary to enable your application to work with Global Diaspora News, including the right to incorporate content and information you provide to us into places we think applicable. You give us the right to link to or frame your application, and place content, including ads, around your application.
- We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search). To ensure your application is safe for Users, we can audit it. We can create applications that offer similar features and services to, or otherwise compete with, your application.
16.Arbitration and Governing Law
16.1. Arbitration Agreement, Special Agreement on Fee-Shifting and Choice of Law
If you choose arbitration, it shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Georgia regardless of your country of origin or where you access Global Diaspora News, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
You and Global Diaspora News agree that all claims arising out of or related to this Agreement must be resolved exclusively in the state of Georgia, USA, except as otherwise agreed by the parties. Notwithstanding the above, you agree that Global Diaspora News shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If you attempt to bring any legal action against Global Diaspora News based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or Global Diaspora News does prevail, you will reimburse Global Diaspora News for any costs and attorney fees associated with their defense of the action. The use of the Sites and any claim or dispute relating to the Sites shall be governed by the laws of Georgia, USA, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in Georgia, USA. Use of the Sites is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Service, including without limitation this paragraph.
16.2. Your Rights
You agree to defend, indemnify and hold Global Diaspora News, its subsidiaries, affiliates, shareholders, members, officers, directors, agents, and other partners and employees, harmless from and against any loss, liability, damages, obligations, costs or debt, claim, demand and expenses (including but not limited to attorney’s fees made by any third party) due to or arising out of:
- your violation of any third-party right, including without limitation any copyright, property, or privacy right;
- any claim that any of your actions (e.g. communications, User’s submissions or post) caused damage to a third party.
17. Global Diaspora News’ Rights
Additionally, you grant Global Diaspora News a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Global Diaspora News, including, but not limited to, any User generated content, ideas, concepts, techniques or data to the Service, you submit to Global Diaspora News, without any further consent, notice and/or compensation to you or to any third parties.
In order to protect the integrity of the Service, Global Diaspora News reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website. Global Diaspora News reserves the right, but has no obligation, to monitor disputes between you and other Users. Global Diaspora News reserves all rights not expressly granted in and to the Global Diaspora News content and the Global Diaspora News Service.
18. To contact us
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last updated: July 30, 2019