Newsbuddy Pty Ltd trading as Newsmodo ('Newsmodo', 'we', 'us', or 'our') operates and maintains this website and provides the service described in clause 2 ('the Service').
These terms and conditions ('Terms') apply to your access and use of this website and / or the Service. By accessing and using this website or the Service, you agree to these Terms.
We may change these Terms at any time by publishing the changed Terms on this website or by giving you written notice. Changes will not operate retrospectively.
The law of Australia governs these Terms. We do not warrant that this website or its content complies with the laws of any country other than Australia. If you access this website from outside Australia, you do so at your own risk.
Our Terms and Conditions were last updated on October 19, 2013.
2. The Service
We provide an online service that enables registered users to buy and sell the right to use News Content. News Content may include written articles, photographs and images and audio and video recordings.
Important: In these Terms, references to 'selling' News Content refers to granting a licence in respect of News Content and references to 'buying' News Content refers to obtaining a licence in respect of News Content. The Service and these Terms do not involve the transfer of ownership of rights in News Content.
In providing the Service, we act as an intermediary only. We are not the owner of News Content and we do not license News Content. We are not a party to transactions between Buyers and Sellers and any contract arising between them.
We do not verify the identity of or otherwise recommend, approve or endorse users of the Service and are not responsible for their conduct. We do not check and make no promise or guarantees as to: (a) the appropriateness, originality, completeness, accuracy, truthfulness or currency of News Content; or (b) a user's right to buy or sell News Content; or (c) whether News Content infringes the legal rights of another person. Your use of News Content is at your own risk and you should make your own checks and enquiries.
The Service may provide registered users the ability to communicate with one another. We may intercept and review such communications for the purpose of ensuring compliance with these Terms and our policies.
3. Accounts, usernames and passwords
You must register an account to use the Service. You must not register more than one account. You must be at least 18 years old to register an account.
You must register using your own name. You must not impersonate any person or misrepresent your affiliation or association with any other person or organisation. Where you register on behalf of an organisation, you promise that you are authorised by that organisation to do so. You promise that the information you provide when you register is correct and not misleading in any way and you promise to keep your information up to date.
You must keep your password secure at all times. You are solely responsible for all activity undertaken using your username and password.
We may accept, reject, terminate or suspend any accounts at our discretion including for breach of these Terms or a breach of our Policies, but where we do we will advise you in writing.
4. Buying News Content
If you are a registered user, you can buy News Content by posting a Brief. You may post a Brief via the website or by emailing us.
A Brief is a request for original and exclusive News Content. Users may respond to an Assignment and you may select one of those users to provide the requested News Content.
You promise that: (a) you will only use News Content that you have bought and paid for; (b) you will only use News Content strictly in accordance with the license granted by the Seller; (c) you will not modify, adapt or resell News Content you have bought; and (d) all information you give in relation to an Assignment is true, accurate and not misleading or deceptive in any way.
Where you post a Brief: (a) you acknowledge and agree that you do so at your own risk; and (b) you release us and will hold us harmless from any harm, injury, loss, damage, costs and expenses that you suffer in connection with the Brief or News Content supplied in response to it.
5. Selling News Content
If you are a registered user, you can sell News Content in response to Assignments.
You promise that: (a) you have the right to sell or offer to sell your News Content; (b) your News Content was lawfully obtained; (c) your News Content and a buyer's use of your News Content will not infringe another person's rights; and (d) your News Content complies with these Terms and all applicable laws and regulations.
We may delete, amend, reformat or delay publication of your content at our sole discretion for any reason whatsoever, including to ensure compliance with these Terms.
Where you respond to an Assignment: (a) you acknowledge and agree that you do so at your own risk; and (b) you release the buyer and us and will hold each of us harmless from any harm, injury, loss, damage, costs and expenses that you suffer in responding to or fulfilling the Assignment.
You indemnify us, our officers, employees, agents and contractors and will hold each of us harmless from any harm, injury, loss, damage, costs, expenses (including legal expenses on a full indemnity basis), claims and liabilities that any of us may incur directly or indirectly arising from your News Content.
6. Licensing of News Content
The seller retains all rights to any News Content that is sold or offered for sale using the Service.
You grant us, our affiliates and related bodies corporate a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish, communicate, transmit and display your News Content in order to provide the Service.
News Content bought and sold using the Service is licensed on the following terms:
The seller grants and the buyer obtains a worldwide, exclusive, non-transferable, royalty-free license to reproduce and publish the News Content: (a) in print, on television or online, as specified in the Brief or otherwise agreed between the buyer and seller; and (b) subject to any conditions or limitations specified in the Brief or otherwise agreed between the buyer and seller. Unless specified to the contrary in the Brief or otherwise agreed between the buyer and seller: (a) the buyer need not attribute the seller as the author of the News Content; and (b) the license does not include the right to adapt, sublicense, sell or otherwise commercialise the News Content.
7. Pricing, payment and fees
We charge service fees for the use of the Service, in accordance with the fee structure published on this website or agreed with you from time to time. We may change our fee structure at any time by publishing a revised version or notifying you in writing, but changes will not apply retrospectively.
The price for News Content for Assignments is set by buyers.
Buyers must pay the price for News Content bought using the Service. A buyer may not use News Content unless and until they have paid for it.
Payments will be displayed in sellers' Newsmodo account minus our service fee (if any) once the buyer approves the News Content.
We will release payments to a seller's PayPal account on their request, subject to any minimum payout thresholds we specify.
Where there is a dispute between a buyer and a seller in relation to News Content, we will only release payment for that particular News Content to the seller in accordance with: (a) an agreement signed by the parties; or (b) an order of a court, tribunal or governmental authority; or (c) a determination made under any dispute resolution policy we have implemented.
8. Circumventing the Service
All transactions in relation to the buying and selling of News Content must be conducted using the Service. Transacting outside of the Service exposes you to potential fraud, licensing risks and circumvents our service fees.
In relation to News Content on this website, you must not directly or indirectly: (a) attempt to transact with a user outside of the Service; (b) solicit or encourage another user to transact outside of the Service; or (c) otherwise attempt to circumvent the Service or the payment of service fees. You must report all attempts to transact outside of the Service to us.
All copyright in this website and its contents (other than News Content) belongs to us.
You may: (a) publish a link to this website; (b) make a temporary copy of part or all of this website on your computer for the sole purpose of viewing it; and (c) print a hardcopy of a whole page of this website as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.
9.1 Unless permitted by law or provided otherwise in these Terms, you must not, without our prior written consent: (a) reproduce, adapt, store in a retrieval system, transmit, communicate, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; (b) cause any part of this website or its contents to be framed or included in another website; or (c) access this website or scrape any content on this website through any automated means, including (without limitation) through the use of scripts or webcrawlers. Automated access to this website by internet search engines is permitted.
10. Trade marks
'Newsmodo' and the Newsmodo logo are trade marks of ours. Other trade marks on this website are the property of our respective licensors. You must not use any trade mark on this website without the prior written consent of the relevant owner.
We may from time to time publish policies relating to our website or the use of our service. Where we publish policies on our website they form part of these Terms and you must comply with them.
12. Prohibited Use
In accessing or using this website or the Service, you must not: (a) contravene any applicable law or regulation; (b) mislead or deceive others, whether by act or omission; (c) stalk, harass, abuse, threaten, intimidate, defame or vilify any person; (d) share, distribute, store or transmit offensive, obscene, racist, pornographic or illegal material; (e) otherwise violate or infringe the legal rights of any person; (f) interfere with or disrupt this website or the Service in any way, including through the use of viruses, Trojans or harmful code; (g) use any data mining tools, robots, webcrawlers or any other data gathering tools, scripts or applications on or in relation to this website and its contents or the Service; (h) use any automated system to access this website or the Service in a way that sends requests to our servers more frequently than any reasonable person could produce using a conventional web browser; or (i) encourage, assist or procure another person to do any of the foregoing.
This website may link to websites at other addresses. Unless stated otherwise: (a) we do not control, approve, endorse or sponsor any such websites or their content; and (b) we do not provide any warranty or take any responsibility for any aspect of those websites or their content.
Where we display third party advertising content on our website, we do not endorse or recommend any goods or services contained in such advertisements.
14. Copyright policy
We respect the intellectual property rights of others and expect you to do the same.
If you believe that News Content on this website infringes your copyright, you should provide us with a notice containing the following information: (a) identification of the copyright work claimed to have been infringed; (b) identification of the claimed infringing material, including information reasonably sufficient to enable us to locate it; (c) your contact information, including telephone number, postal address and email address; (d) a statement that you have a good faith belief that use of the claimed infringing material is not authorised by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorised to act on behalf of the copyright owner; and (f) your physical or electronic signature.
The notice should be sent to our copyright agent at the following address: Copyright Agent, Newsmodo, Level 14, 600 St Kilda Road, Melbourne VIC 3004 Australia.
We may, at our sole discretion: (a) remove claimed infringing material without prior notice; and (b) cancel the account of any user whom we consider, at our sole discretion, to be a repeat infringer.
Your access and use of this website and the Service is at your own risk.
We do not promise that this website or the Service: (a) is free from errors; (b) will operate without interruption; or (c) is free from anything which may damage your computer or data. You should always ensure you have up-to-date antivirus and firewall security in place when using the internet.
We do not promise that the contents of this website are complete, accurate, reliable or up to date. We reserve the right to correct errors and make changes to this website or its contents at any time.
We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this website or the Service.
16. Limitation of liability and Indemnity
To the maximum extent permitted by law, and to the fullest extent permitted by law: (a) the Service is provided on an 'as is' basis and we exclude all implied conditions, warranties, guarantees and representations of any kind; (b) where any law implies a condition, warranty or guarantee into these Terms which cannot be excluded, our liability for breach of such a condition, warranty or guarantee will be limited to the resupply of the Service or the payment of the cost of resupply of the Service; and (c) we exclude and you release us from all liability to you for loss or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with this website, its contents, the Service or your use of them.
If you are an Australian consumer, within the meaning of the Australian Consumer Law ('ACL'), the ACL sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to the ACL and do exclude, restrict or modify them where it would be unlawful to do so.
17. Account cancellation, breach and indemnity
Because of the nature of the Service, we must reserve the right to decide who may use it.
We may cancel your account at any time at our absolute discretion, without giving reasons. We may also cancel your account if you: (a) breach these Terms or any of our Policies; (b) chargeback or attempt to chargeback any amount you have paid for the use of the Service; or (c) are the subject of a complaint that we deem serious.
If we cancel your account, you may not use the Service again, whether by creating a new account or using an alternative account.
You indemnify us, our officers, employees, agents and contractors and will hold each of us harmless from any harm, injury, loss, damage, costs, expenses (including legal expenses on a full indemnity basis), claims and liabilities that any of us may incur as a direct or indirect consequence of: (a) your breach of these Terms or any of our Policies; or (b) your willful, unlawful or negligent act or omission.
If a provision of these Terms is invalid or unenforceable in a jurisdiction, it is to be read down (to the point of severance if necessary) in that jurisdiction and does not affect the validity or enforceability of: (a) that provision in another jurisdiction; or (b) the remaining provisions.
Our failure or delay in enforcing a provision of these Terms does not constitute our agreement to any future breach or a waiver of any of our rights.
These Terms must not be construed to our disadvantage merely because we were responsible for its preparation.
Our rights, remedies and powers under these Terms are cumulative and not exclusive of any rights, remedies or powers at law.
Publication of email addresses on this website must not be taken as consent to receive commercial electronic messages.
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably and unconditionally submit to the jurisdiction of the courts of Victoria, Australia, (and courts hearing appeals from Victorian courts) and waive any claim or objection based on absence of jurisdiction or inconvenient forum.
19. Contact and notices
Please email firstname.lastname@example.org to: (a) enquire about these Terms or the Service; (b) report a violation of these Terms; (c) report unauthorised use of your account; or (d) send any notice under these Terms. All notices in connection with these Terms must be in English.