Fresco News is a next generation news company, connecting every person using the app with the powerful news organizations of the world. Browse news reported by real people from the scene, or report news to Fresco to sell your captured footage.
Assignments are requests to capture content from the scene of an event. Every assignment is a REAL NEWS EVENT submitted by one of our many partners. The faster you get to the scene and upload footage, the better chance you have to sell your footage!
Stories in the app show photos and videos from trending events around the world, curated and organized by our 24/7 news team.
Please allow 3 business days for the payment to post. Holidays and weekends have been known to add delays. (We’re working to reduce the amount of time it takes payments to get to your account!)
Uploading to Fresco instantly places your content in our archive marketplace. Every time a news organization downloads your content, you get paid $50 per video and $20 per photo. (50 video downloads = $2500!)
Every time your uploaded content is purchased by a station, you will be guaranteed payment. You will receive a notification if a purchase has been made. If your uploaded content was not purchased, you will not be guaranteed payment.
Well done! When you receive this notification, it means that you’re content was downloaded for use by one of our many partners. Payment will arrive within 5 business days.
You will maintain ownership of the content, but we require that you do not sell to others any content that was purchased for at least 48 hours.
Not at all! Respond when you can, make sure to adjust your notification radius to make your notifications more meaningful to you (profile -> settings).
Every assignment comes with a basic description of what the news organization is looking for. Try to follow it as best you can to have the best chance of making a sale.
- Try to avoid commentary in the footage (no talking over the video)
- Hold your camera steady and don’t pan too much! It’s better to take many short clips of different areas of activity or pan very very slowly across a small shot.
- Videos pay better than photos and are more useful to our partners! Take a mix both photos and videos, though, to ensure that your content is purchased.
- Videos should be at least 20 seconds long.
- Record photos and videos in landscape. Using zoom lowers the quality of the photos and videos, which is why we did not include it in the app.
- Avoid using zoom unless it’s physically impossible to approach the subject.
Always! It’ll look like this when they use it: “Jane Doe via Fresco News”
Fresco uses your location anonymously to deliver you notifications that pertain to your surroundings. Battery draining is a myth; your phone likely returns a location already for other apps, Fresco is just accessing the data that is already there.
Sit back and wait, or go capture more content! Your content will remain in the archive forever so it can be bought at any moment
We’ll take anything that is newsworthy or interesting! But we want you to upload anything you want us (or our many partners) to be aware of in the world! Share what matters.
You are the news organization’s eyes on the scene. Try to tell them exactly what is going on in the video as well as the scene itself. You could supply key details to help tell the story!
As you approach $600 in income for any given calendar year, we will have to send you a 1099 contractor form to fill out, but we can do this all through the app! We will notify you if and when the time comes.
Yes. Our purpose is newsgathering, so if it is part of the scene, it’s perfectly fine. Legally, people do not have to give permission to use pictures of their faces in public. However, some news organizations may prefer to not show any minors on their broadcasts, which is something to keep in mind when taking your shot
DO NOT PUT YOURSELF IN HARMS WAY TO GET A BETTER SHOT. Great photos and videos are fantastic, but stay safe and use caution approaching any scene. It’s also important to not break any laws in attempt to gather Fresco content.
Feel free to let them know you are reporting for Fresco, which is perfectly legal, but always obey what law enforcement tells you.
Send an email to info@fresconews, and we’ll take it down right away!
You will maintain ownership of your content forever.
Once purchased, the outlet can use your content on any of their mediums (broadcast, web, print, social media) while also having the ability to edit your videos and photos to fit their needs. You will always maintain proper accreditation.
End User Terms of Service
Effective Date: September 15th, 2016
This website, computing application, and the data, services, information, tools, functionality, updates and similar materials delivered or provided thereby (collectively, the “Service”) are supplied by Fresco News, Inc. (“Fresco”, “us” or “we”) subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). By creating an account to use the Service or otherwise entering into this Agreement, you are creating a binding contract with us.
We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement. If you do not accept the changes, you must stop using the Service.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-commercial, non-exclusive license to use and access the Service only on your computing device for personal use. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
2. Copyright Policy
3. Complaint Policy (including Privacy and Trademark)
The Service allows its users and third-parties to post content and materials, which we do not review, control or endorse. You agree that we are not responsible for any content, advice or other materials appearing on or through the Service.
We do not investigate or perform background checks on users of the Services. It is up to you to ensure your own safety in your interactions with other users of the Services and in your activities conducted in connection with the Service.
Some users may request that you engage in certain activities, and if you choose to do so, such activities are at your absolute sole risk. You understand and agree that we are not responsible for any damage, injury, death or harm you may suffer as a result of your activities in response to solicitations on the Service.
IMPORTANT NOTICES; AVAILABILITY
While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Service, or its features, at all times.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if your order has already been accepted or processed.
If you use the Service on your mobile device, it may cause you to incur data charges.
You must be at least eighteen (18) years old to use the Service. By using the Service, you represent that you meet this minimum age requirement.
Some parts or all of the Service may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.
RULES OF CONDUCT
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Service. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, questions, notes, plans, proposals, or materials similar thereto (“Submissions”) or graphics, drawings, designs, text, information, audio, photos, software, music, sounds, video, comments, messages or similar materials (“Content”) that:
1. is unlawful or encourages another to engage in anything unlawful;
2. contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;
3. violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party; or,
4. is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable.
You must keep your user name and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.
You further agree that you will not do any of the following:
1. modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
2. interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
3. transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
4. attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
5. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
6. harvest or collect the email address or other contact information of other users of the Service;
7. scrape or collect content from the Service via automated means;
8. submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;
9. register for more than one user account; or,
10. impersonate any other person or business.
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
CONTENT SUBMITTED OR MADE AVAILABLE TO US
You are under no obligation to submit anything to us or to make any Content available through the Service. Unless otherwise noted, we will not claim ownership of any Content. If, however, you choose to submit any Content to the Service, or otherwise make available any Content through the Service, you hereby grant us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, fully paid up, royalty-free, right and license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content through and incident to the Service (including but not limited to the right to sub-license the Content , as well as to commercially use the rights of publicity, persona, image and name of the individuals depicted in such Content within the Service and incident to the Service. In any of our use of your Content where the substantially consists of your Content, we will give you reasonable authorship attribution.
By submitting any Content or Submissions to us, you hereby agree, warrant and represent that: (a) you are authorized to submit the Content or Submission to us for republication through the Service, and you have secured any necessary licenses or permissions from rights owners relating to the Content or Submission, including but not limited to copyright licenses or licenses to rights of publicity; (b) the Content and Submissions do not contain proprietary or confidential information; (c) the provision of the Content and Submissions, and their use by us in connection with the Service, is not and will not be a violation of any third-party’s rights; (d) all such Submissions and Content are accurate and true; (e) we are not under any confidentiality obligation relating to the Content or Submissions; (f) we shall be entitled to use or disclose the Content or Submissions in any way; (g) you are not entitled to compensation in exchange for the Submissions or Content, and (h) are not entitled to attribution relating to the Submissions or Content
You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material.
CONTENT SHARED THROUGH THE SERVICE
The Service may make it possible for you to choose to share certain information with the public. There are a number of ways in which you can control how much information is shared with the public, and we will make efforts to comply with your instructions from the options provided to you. You understand that by designating information to be shared through the Service, you may be revealing information that you choose to share. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.
CONTENT REQUESTS, PAYMENTS; ARCHIVE
Requests . The Service permits certain publishers, as such publishers are more fully identified in the Service and as agreed between such publishers and Fresco (“Publishers”) to request submissions of Content (“Requests”) from users (“Producers” or “you”); and, if the Publisher so desires, to purchase a license to use the Content submitted in response to the Request. Requests will specify the sum (net of Fresco’s commission) to be paid to the Producer (the “Request Fee”) upon the acceptance of the Content by the Publisher, as well as other details, within the Request, including but not limited to, title, caption, “Assignment Expiration Time,” “Option Minimum Time Period,” “Exclusive License Period,” geographic location and radius.
You agree that the designation of Publishers under this Agreement may be established by Fresco and such third-party publishers on a case by case basis. For example, a Publisher may sometimes be a television station or a newspaper, or may be a broader umbrella media organization.
Exclusive “First Look” to Purchase . As a user, you may submit Content in response to Requests prior to the Assignment Expiration Time, which may be adjusted by Fresco. If you do, the Publisher receiving the submission will have an exclusive option to purchase an exclusive license in the Content for a period of time, which may vary. For a single Publisher Request, the period of time of the exclusive option to purchase a license will begin upon submission of the Content and will continue until the later of (i) the Assignment Expiration Time, or (ii) the time the Content was submitted, plus the Option Minimum Time Period (the “Option Period”). For single Publisher listings, if the Publisher does not elect to purchase a license to the Content during the Option Period, the Content will automatically be made available in the Archive. during the Option Period, the Producer may not sell, license, or permit any other entity to use the Content.
The Consolidated Listings . From time to time, we may combine multiple similar Requests into a consolidated listing (each a “Consolidated Listing”), for example, in the event that multiple Publishers post Requests relating to the same event. For a Consolidated Listing, you may only submit Content to one Publisher at a time. If you submit Content to a specific Publisher in a Consolidated Listing, that Publisher will then have an exclusive option, during the Option Period to purchase an exclusive Solicited Publisher Content License for that Content during the Exclusive License Period. If the Content is not licensed by the first Publisher you submit to in the Consolidated Listing, the Content may be offered for licensing to other eligible Publishers in the Consolidated Listing under the terms of this paragraph. If none of the Publishers participating in the Consolidated Listing elect to purchase a license to the Content before the expiration of all applicable Option Periods, the Content will automatically be made available in the Archive (as defined below).
Solicited Publisher Content License . A Publisher is under no obligation to accept any Content you submit in response to a Request (whether in a single listing or a Consolidated Listing), but if it does (i) you will be paid the Request Fee through the Service, and (ii) you automatically, without additional action required, grant a Solicited Publisher Content License (as defined herein) to the Publisher, as further described in the section entitled LICENSE FACILITATED TO PUBLISHERS. Fresco will pay the Request Fee to you, after receipt from Publisher.
Archive . Fresco may make an area of the Service available for you to publish your Content for viewing and potential licensing by certain Publishers, known as “the Archive.” Content you submit in response to Requests may automatically be made available in the Archive upon (i) expiration of the Option Period(s) (if no Publishers elect to purchase a Solicited Publisher Content License license), or (ii) the expiration of the Exclusive License Period, if applicable. The Service may also permit you to make unsolicited Content available in the Archive. By making your Content available in the Archive, you are offering an Archive Publisher Content License in the Content to certain Publishers for a standard fee set by Fresco from time to time (the “Archive Fee”). If a Publisher accepts your offer to license your Content from the Archive, you automatically grant the Archive Publisher Content License to the Publisher for that Content. Fresco will pay the Archive Fee, net Fresco’s commission, to you after received from the Publisher.
You may remove any of your Content from the Archive at any time; however, any Publisher Content Licenses granted before your removal will remain in effect. You may not remove Content from responses to Requests after you have submitted it for potential license purchase.
Payment Processor . We may use a third-party payment processor (the “Payment Processor”) to bill and remit payments through an online account for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Once a Publisher has made payment to Fresco or its authorized Payment Processor, the Publisher shall have no further liability for payment to the Producer.
For more information about our pricing, delivery and sales, please see our FAQs [LINK], which are incorporated herein by reference.
Notwithstanding the foregoing, the above description may be adjusted or amended by Fresco from time to time in accordance with this Agreement.
LICENSES FACILITATED TO PUBLISHERS
Solicited Publisher Content License . If a Publisher purchases a license in Content submitted in response to a Request (whether an individual Request or a Consolidated Listing), you thereby automatically GRANT TO THE PUBLISHER A, PERPETUAL, IRREVOCABLE, NON-SUB-LICENSABLE AND NON-TRANSFERRABLE (EXCEPT TO AFFILIATES AS DESCRIBED HEREIN), WORLDWIDE, FULLY PAID-UP, ROYALTY FREE RIGHT AND LICENSE TO REPRODUCE, USE, MODIFY, DISPLAY, PERFORM, DISTRIBUTE, TRANSLATE AND CREATE DERIVATIVE WORKS FROM ANY SUCH CONTENT, IN ANY AND ALL MEDIA, WHETHER NOW KNOWN OR HEREAFTER DEVISED, BY ANY AND ALL MEANS OR TECHNOLOGIES, WHETHER NOW KNOWN OR HEREAFTER DEVISED, IN ALL LANGUAGES, THROUGHOUT THE UNIVERSE AND IN PERPETUITY, ALL WITHOUT ANY RESTRICTIONS, LIMITATIONS OR CONDITIONS OF ANY KIND (the foregoing being the “Solicited Publisher Content License”). The Solicited Publisher Content License is exclusive to the purchasing Publisher worldwide during the applicable Exclusive License Period.THIS MEANS YOU MAY NOT PERMIT ANY OTHER PERSON OR ENTITY, WHETHER ON THE SERVICE OR OTHERWISE, TO USE THAT CONTENT DURING THE EXCLUSIVE LICENSE PERIOD. After the Exclusive License Period expires, Publisher(s) shall retain the Solicited Publisher Content License on a non-exclusive basis, and you may license the Content to others on a non-exclusive basis over the Service or otherwise.
Archive Publisher Content License . If a Publisher purchases a license in Content offered through the Archive, you thereby automatically GRANT TO THE PUBLISHER, A PERPETUAL, IRREVOCABLE, NON-SUB-LICENSABLE AND NON-TRANSFERRABLE (EXCEPT TO AFFILIATES AS DESCRIBED HEREIN), WORLDWIDE, FULLY PAID UP, ROYALTY FREE RIGHT AND LICENSE TO REPRODUCE, USE, MODIFY, DISPLAY, PERFORM, DISTRIBUTE, TRANSLATE AND CREATE DERIVATIVE WORKS FROM ANY SUCH CONTENT, IN ANY AND ALL MEDIA, WHETHER NOW KNOWN OR HEREAFTER DEVISED, BY ANY AND ALL MEANS OR TECHNOLOGIES, WHETHER NOW KNOWN OR HEREAFTER DEVISED, IN ALL LANGUAGES, THROUGHOUT THE UNIVERSE AND IN PERPETUITY, ALL WITHOUT ANY RESTRICTIONS, LIMITATIONS OR CONDITIONS OF ANY KIND (the foregoing being the “Archive Publisher Content License” and together with the “Solicited Publisher Content License, the “Publisher Content License”). The Archive Publisher Content License is non-exclusive, such that you may grant concurrent licenses in the Content to multiple entities, over the Service or otherwise.
Attribution/Right to Edit . As a condition to the Publisher Content License, unless otherwise instructed by Fresco in Fresco’s sole discretion (which you grant Fresco the right to do on your behalf), Publishers shall give reasonably prominent authorship attribution to you in all uses of the Content. You understand that the Publisher may amend, change, distort and otherwise modify the Content after the purchase of the Publisher Content License. Other than the attribution as stated herein, you waive any and all moral rights in your Content. Notwithstanding the foregoing, through functionality of the Service, you may opt-out of attribution when submitting Content.
Affiliates . Publishers may transfer and/or sub-license Content that they license to (i) any entity that they control, (ii) any entity that controls them, or (iii) any entity under common control with them (each an “Affiliate”). To “control” means owning or otherwise controlling 50% or more of the voting securities or rights of an entity, or otherwise having the power to dictate its activities.
Promises and Responsibilities . You understand and agree that you are a direct licensor to the Publisher. Although Fresco may facilitate the Publisher Content Licenses through the Service, you understand and agree that Fresco is not granting this license to the Publisher – you are doing so directly. As the Producer, you represent and warrant to Fresco and the Publisher that (a) you are the sole owner of the rights herein granted to Publisher; (b) you have the right to enter into and perform this Agreement; (c) no consents, authorizations, or releases need to be obtained from any third parties, and no payments need to be made to any third parties for the use of the Content; and (d) that the use of the Content as provided herein will not violate or infringe upon the rights of any third parties. In addition to that which is provided to Fresco herein, you will indemnify, defend and hold harmless Publishers to whom you grant licenses through the Services, and all those claiming under or through such Publishers, from any claims, actions, losses, damages, liabilities and expenses, including reasonable attorneys' fees and disbursements, which may result from any breach or alleged breach by you of your representations and warranties hereunder. Publishers shall be considered third-party beneficiaries to this provision of the Agreement.
OUR INTELLECTUAL PROPERTY
We own our graphics, logos, names, designs, page headers, button icons, scripts, and service names, which are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) is protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of us and/or our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
ENFORCEMENT AND TERMINATION OF SERVICES
We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time.
Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
LINKS AND THIRD-PARTY CONTENT
The Service may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties. We do not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
DISCLAIMERS AND LIMITATION ON LIABILITY
YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIER (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of the Related Parties shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service, (b) your use of the Service, (c) your violation of the Agreement, (d) any claim that we are a licensor of your Content to Publishers, and (e) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Service.
DISPUTES, GOVERNING LAW AND JURISDICTION
You agree that any claim or dispute between us arising out of or relating in any way to your use of the Service or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Fresco News, Inc., 85 Broad St. #17.134, New York, NY 10004.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you agree that parties have each waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, or for defense and indemnification as provided for herein.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Services, or to us, may only be brought by you, and may be brought by us, in a state or federal court located in New York, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO JURISDICTION AND VENUE IN NEW YORK.
POLICIES FOR CHILDREN
The Service are not directed to individuals under the age of 13. You must be over the age of 17 to use the Service. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
Severability . If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
No Partnership . You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
Assignment . We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
Attorneys’ Fees . In the event that we bring any litigation in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver . Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices . All notices given by you or required under this Agreement shall be in writing and addressed to: firstname.lastname@example.org.
Equitable Remedies . You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement . This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
ADDITIONAL TERMS APPLICABLE TO iOS-POWERED SOFTWARE
In the event that you use the Service through software operating on iOS, the following additional terms apply:
2. Your use of our iOS application is subject to the Usage Rules set forth in Apple’s then-current App Store Terms of Service.
3. You agree that Apple has no duty or obligation to provide support or maintenance services with respect to our iOS application.
4. To the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to our iOS application.
5. You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS application or your possession and/or use of our iOS application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. You agree that Apple is not responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS application or your possession and use of our iOS application.
7. You agree to comply with all applicable third party terms of agreement when using our iOS application, such as the terms of your wireless carrier, where applicable.
If you believe in good faith that any material posted on or through our Service infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
· A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed;
· Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
· Information reasonably sufficient to permit us to contact you;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
Fresco News, Inc.
85 Broad St. #17.134
New York, NY 10004
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to email@example.com, containing the following information:
· Your name, physical address, e-mail address and phone number;
· A description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
· Identification of the location of the material on the Site;
· If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
· If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
· A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
· Your physical or electronic signature.
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.