Terms of Service

Welcome to Newscurve, a service provided by Neodata Intelligence, Inc. (“Neodata”). These terms of service (together, the “TOS”) are a binding agreement between Neodata and You. This TOS governs use of the Neodata Service (defined below) during any free trial and during a paid subscription. Sections that apply only to the free trial or a subscription are marked accordingly.

Definition of Service

The “Service” includes: (a) the Site; (b) the Newscurve analytics reports, monitor, tracker, tools and services (e.g., recommendations) provided through the Site; (c) all content made available (collectively referred to as the “Content”); (d) additional services you may receive; and (e) any new features or changes to (a) through (d) above.

Acceptance of Terms

Neodata provides its Service to You through its web site located at www.newscurve.com (together with successor sites, the “Site”), subject to this TOS. By accessing or using the Service or the Site, You acknowledge that you have read, understood, and agreed to be bound by this TOS. In other words, you understand and agree that this TOS is a binding legal agreement. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this TOS, in which case the terms “You” or “Your” then refer to such entity and its affiliates.

Data Security

You can find Neodata’s Data Security Policy here: https://www.newscurve.com/data-security/

Registering for the Service

Once you have agreed your subscription plan with Neodata, you will be provided login credentials to access your Newscurve account. Click on the login link and enter the information requested (username and password). You then submit your payment information. That procedure is described below.

Subscription Payment Procedure

On the [SUBSCRIPTION PAGE] please enter the billing information specified. Neodata will charge the credit (or other) card You are using on a recurring basis on the monthly anniversary of the start of your subscription, the “Plan Payment Date.” (The start date is the first date Neodata receives data from your site after you have subscribed.)

Each time your credit card is charged, You will be paying for the upcoming subscription period and/or for other services.

Each Plan includes a specified amount of monthy pageviews (Monthly Pageviews Allowance) Monthly pages in excess of your Monthly Pageviews Allowance will be counted as Extra Pageviews and charged as other services.

For example, the number of page views in a given month might have exceeded the amount permitted in the plan you chose: in that case, your payment will include a charge for the Extra Pageviews. The cost of Extra Pageviews is depending on your plan and will be calculated as follows:

every million Extra Pageviews will cost 10% more than the standard cost of a million pageviews included in your plan.

For example, the excess amount for a $100 plan with a Monthly Pageviews Allowance of 20 million pageviews would be:

- Standard cost of 1 million pageviews = $5

- Cost of 1 million of Extra Pageviews = $5 + 10% = $5,5

- Total amount charged on credit card for a monthly usage of 25 million pageviews = $100 (monthly subscription) + 5 million Extra Pageviews at $5,5/million = $100 + $27,5 = $127,5

To check costs associated with your monthly plan, please log in to Newscurve and go to“My account”.

Your subscription will automatically renew at the end of your plan unless your subscription has been terminated in accordance with this TOS. All subscription payments are non-refundable.

Payment Processing. Neodata uses a third-party intermediary to manage payment processing (including where appropriate credit checks). This third party is not permitted to store, retain, or use Your billing information except for processing purposes.

If your payment is declined for any reason then You will be charged a $20 late fee. If you do not pay the amount owed and the late fee within five (5) days of the Plan Payment Date, then Neodata will suspend Your account until that payment has been made. If full payment has not been received in 4 weeks, you will need to make the full payment and pay a reconnection fee of $50 on order to regain access to your account. If we don’t receive your payments in six weeks from the due date, your account will be automatically deleted. Should you wish to restore Newscurve after that six weeks period, you will have to buy a new subscription.

Upgrades & Downgrades. At any time you can upgrade to a higher level plan, which will take place immediately, while downgrades are effective as of the next renewal date.

Changes in Fees. Neodata may change its fee structure and/or provide an upgrade service at any time with appropriate notice on the website and/or by email. The new rates will be in effect with the next renewal period. If you do not want to use the Service at these rates when your subscription comes up for renewal, then you can cancel your subscription, as explained below.

Cancelling Your Subscription

You can cancel your account by sending an email to Neodata at canceltrial@newscurve.com or You can wait until the subscription ends. If you are a subscriber and you do not want to be charged for the next subscription period, then Neodata must receive that email cancellation no later than seven days before your Plan Payment Date. Neodata does not provide refunds for subscriptions that are cancelled before the end of the relevant subscription period. If You cancel the Service, your cancellation will take effect immediately.

Using the Service

Grant of License.  In consideration for your subscription payment Neodata grants you a non-transferable, non-exclusive, revocable, limited license, without a right of sub-license to: (i) access the Site and (ii) via the Site use the Service, in both cases in strict compliance with this TOS. This license shall last for the period from the start date of your subscription until the earlier of the end of your subscription or the date your account is cancelled or terminated. At the end of such license, all rights shall revert to Neodata.

Permitted Use of The Service. You may access the Service via the Site and use the Service only to view the data provided, modify the display and data collection parameters and use such data for your internal business purposes in accordance with this TOS and any electronic notices delivered by Neodata.

Reservation of Rights. No other rights are granted, including without limitation any and all Neodata copyrights, trademarks, service marks or other marks, moral rights, trade secrets, patents, and other proprietary rights, whether or not perfected or perfectable or registered or otherwise filed (collectively, “Intellectual Property Rights”). All ownership rights, title, and, apart from the limited license for use above, Intellectual Property Rights, in and to the Service shall remain with Neodata.

Other Restrictions on Your Use of the Service. In addition, you shall not (a) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and/or any of its components or the transmission of the Service and data to and from any Site or Service or (b) adapt, alter, modify, decompile, translate, make derivative works, disassemble, or reverse engineer (or permit anyone else to do the foregoing) any or all of the Service, including without limitation, the source code and any other underlying ideas or algorithms expressed therein. If there are uses that You believe are permitted under applicable law, then You will notify Neodata to explain such uses prior to engaging in such uses.

Information

Newscurve depends upon Neodata being able to analyze data about how your websites are used. Neodata will provide analysis of that information only to you or otherwise in aggregate in an anonymized manner that means that those data are not directly attributable to or identified with You. Therefore, You hereby grant to Neodata a limited, royalty-free, worldwide license, to use, copy, display, disclose, modify and distribute the data collected by the use of Newscurve on an indefinite basis for the purposes of (a) providing and improving the Service and for the creation of compilations of aggregated data and/or statistics, as long as Neodata ensures that such data are thusly used only in a manner that is not directly attributable to or identified with You and (b) providing analysis to you.

We may, in our sole discretion, utilize, in any manner we deem appropriate, all comments and suggestions, whether written or oral, furnished by you to us in connection with your access to and use of the Service (all reports, comments and suggestions provided by you are, collectively “Feedback”). You assign to us all right, title and interest in and to the Feedback.

Disclaimer of Warranties

THE SERVICE AND ALL SERVER AND NETWORK CONNECTIONS USED BY NEODATA AND COMPONENTS OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW. NEODATA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT NEODATA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM NEODATA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

Limitation of Liability

WE AND OUR SUPPLIERS AND LICENSORS AND THE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND ADVISORS OF EACH OF THE FOREGING WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICE. YOU UNDERSTAND THAT “SERVICE” INCLUDES ALL CONTENT DERIVED FROM THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY (OF ALL KINDS) OF NEODATA, ITS SUPPLIERS AND/OR LICENSORS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICE.

Operating Newscurve

You understand that in the operation of the Service, data including Your content may be transferred unencrypted and involve (a) transmissions over various networks, which may involve changes to conform to technical requirements and (b) transmission to Neodata third party vendors necessary or appropriate to operate and maintain the Service.

You understand and acknowledge that there may be “downtime” of the Service from time to time. Neodata may use reasonable efforts to publish on the Site or notify You of any planned downtime of the Service. Neodata can modify or discontinue, temporarily or permanently, all or any portion of the Service without notice. Neodata will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of the Service.

Even though Neodata has developed the Service to run on several different operating systems and with several different browsers You might use software or hardware that is not compatible with the Service. Neodata does not provide any assurances of the compatibility of the Services with any hardware, software, networks or other equipment. You bear the consequences of your choices of hardware, software, etc.

Changing the TOS

Neodata may change this TOS from time to time without prior notice but, usually, Neodata will post a notice on its website. You can review the most current version of this TOS at any time at https://www.newscurve.com/terms-of-service/. The revised terms and conditions will become effective upon posting and your acceptance. If You use the Service after that date, your use will be acceptance of the revised terms. If any of the changes are not acceptable to You, then You must stop accessing and using the Service.

Termination

We may terminate this Agreement at any time, in whole or in part, for any reason. Neodata may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your use of the Service without notice or liability, if it believes that your use has caused or may cause liabilities for Neodata or others. Neodata shall not be prohibited from pursuing other remedies available to it, whether under this TOS or at law or equity, including injunctive relief.

Impact of Cancellation or Termination

Upon termination of this TOS by us or your cancellation, all licenses, and any other rights and services (including the Service) provided by Neodata to You in this Agreement shall cease immediately and the rights Neodata has in data and other information provided under this TOS shall remain indefinitely.

General

Notices. You consent to receiving any notices relevant to the Service or this TOS by email. Neodata will also send you marketing materials from time to time and you will have the opportunity to opt out of such communications. Neodata will provide notices it is required to provide to You under this TOS by email to the address you have provided.

Severability. If any provision of this TOS is found by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted only to the extent necessary to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Governing Law; Venue. This TOS shall be governed by and construed in accordance with the laws of the State of California and the federal U.S. laws applicable therein, excluding choice of law provisions. Each party agrees to the personal and exclusive jurisdiction of the state courts sitting in Los Angeles, California.

Force Majeure. Any issue with the performance of the Service will not be considered a breach of this TOS if such delay is caused by a labor dispute, shortage of materials, fire, natural disaster, network delays or failure or other network performance degradation or any other event beyond the control of Neodata. Neodata will use reasonable efforts, under the circumstances, to resume performance as soon as reasonably practical.

Entire Agreement. This Agreement constitutes the entire agreement between Neodata and you regarding use of the Service and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. In the event of any conflict between the terms of this TOS and any others, including the terms of service at www.newscurve.com or www.neodatagroup.com, the terms of this TOS shall prevail in reference to use of the Service. Apart from revisions in accordance with this TOS no amendments or other modifications to this TOS are permitted unless Neodata expressly agrees in writing (including any emails) that this TOS is thusly amended. If You wish to discuss different terms, please contact Neodata at the email listed below under “Contacting Us.”

Contacting us

If you have any questions about this TOS, the practices of this Site, or your dealings with this Site, please contact us at: hi@newscurve.com

This document was last updated on August 4, 2016.

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