Terms & Conditions

(1) (a)

Welcome to NewsX.media, a Community Interest Company registered in England and Wales, Company Number 14370436, whose Registered Office is at 30 Saint Georges Place, Canterbury, Kent, England, CT1 1UT. Our main email address isqueries@newsx.media

(b)

We are a media organisation who operates from the Website (which includes all Editorial Work on it) NewsX (the Website) and that also distributes material (Editorial Work) from our affiliates Newsflash Gmbh, Golders Ltd, Central European News Ltd, Eastern Video Ltd trading as Clipzilla, and AsiaWire for which the same terms and conditions apply.

(2)

As a media organisation, (which includes the services of our Company officers, freelance journalists, affiliated agencies and photographers), we provide Editorial Work in the form of supplied articles, text, images, video, graphics, animation, audio, information (such as contact data, research, translations, headlines) and anything else displayed or linked to our Website or available to or provided to you electronically, digitally, on paper or in any format whatsoever (Editorial Work). We make the products of those editorial services available to anyone who uses the Website and any person or organisation whom we distribute it to, which includes, but is not limited to, providing Editorial Work 'on spec' because we feel that you may be interested it (we may refer to these as a 'User' or a 'Media Partner'). You always choose and are responsible to us for what Editorial Work You Use, including any 'on spec' Editorial Work sent to you or indeed which you obtained in any other way if it originated as a result of our efforts.

(3)

When we refer to 'Use' or 'Using' our Editorial Work and/or Our Website in these Terms we mean host, store, share (including but not limited to on social media or in any form using the internet), access, broadcast, transmit, exhibit, perform, display, publish, distribute, circulate, copy, edit, modify, change, adapt, republish, translate, transfer, reproduce, create derivative works, distribute, display, perform, loan, assign, lease, licence, sale or resale, transfer or gift and otherwise use, and any use whatsoever, including any participation in and/or facilitating any of the above, whether as a whole or any part of, and whether digital or in any format whatsoever, including, but not limited to, any media channels whether social media or otherwise. For the avoidance of any doubt, Use also includes Using images or other Editorial Work as thumbnails, such as on YouTube or other social media channels.

(4)

In these Terms, You are the person or organisation who is Using our Website or our Editorial Work, including, but not limited to, a Contributor (a person or organisation who uploads their content on the Website for us to distribute). When You Use our Website or our Editorial Work You are confirming that You have the right to do this and that they (the other person or organisation) are also bound by these Terms and Conditions (Terms). You also agree that You are responsible for your employees, sub-contractors, agents and anyone who is, or reasonably appears to be, working on your behalf or in partnership with you in obtaining and using our Editorial Work. For the avoidance of any doubt, this means that any User is jointly and severally liable for any payments which are due to us in relation to Using the Website and/or our Editorial Work.

(5)

You should also be aware that we operate an Anti-Spam Policy, Cookie Policy and Privacy Policy which you must also read.

(1)

Unless we have specifically agreed otherwise with You in writing, with signed confirmation, then these Terms will apply each and every time you Use all or any part of our Website or Editorial Work or anything which comes into your possession from any source whatsoever. For the avoidance of any doubt, this includes any Editorial Work which is provided to You 'on spec' which You do not have to Use and can choose to delete when You receive it and, subject to clause 3(4) (material which You have obtained from one of our authorised agents) any material that you have obtained from a third party.

(2) (a)

These Terms, together with our Privacy Policy, our Cookie Policy and Anti-Spam Policy, which you must read, form an Agreement between You and us when You Use our Website and/or Content.

(b)

This means that if you choose to Use all or any part of our Editorial Work in any way, then you accept our Terms and your use of Editorial Work will be according to the licence in our Terms and you must pay us according to these Terms.

(3)

We may make changes to our Terms which, unless we've agreed otherwise with you in writing with signed confirmation, will take effect as and when they are posted on our Website so you should read them each and every time you Use our Website or Use any of our Editorial Work.

(1) (a) Our Rights:

Unless we have specified otherwise in writing with signed confirmation, then subject to any Third Party rights (for example, Third Parties may own some of the software we use), we own our Website and Editorial Work and our logo, techniques, information, processes and methods and any rights (such as copyright and other intellectual property rights in the fullest sense) or we have the right to use it.

(b)

All of our Editorial Work is usually marked with metadata to identify our ownership and rights. We have sophisticated software and a system of evidence proving our contribution in the creation of that Editorial Work. Therefore, if you have any queries at all about this, please email us at queries@newsx.media before You Use any of our Editorial Work.

(2) No Representations, Warranties or Guarantees: To the maximum extent permitted by law

(a) (i)

We do not, whether express or implied, make any representations nor give any warranties or guarantees about our Website nor our Editorial Work and have no liability for any issues or other consequences. This includes its' availability, accuracy, completeness or whether or not it is up to date. We do not accept any responsibility for our Website and Editorial Work, and ultimately You are solely responsible for Your Use.

(b) Certain Editorial Work is

(i)

marked as a T4-Hub Verified (V) news item which means that we have checked the Editorial Work and although we were unable to speak to the owner, we believe that the Editorial Work is safe to use. However, we do not make any representations, warranties or guarantees and You remain solely responsible for Your Use.

(ii)

Sometimes Editorial Work may be what we call 'Orphan Content'. This means that it is difficult to locate the creator of that content. We have a comprehensive and sophisticated verification service and although we are unable to contact the creator directly, we believe that the content is safe to use. However, we do not make any representations, warranties or guarantees and You remain solely responsible for Your Use.

(c)

Whilst we may monitor any Editorial Work a Contributor uploads, we are not responsible for doing so.

(3)

For the avoidance of any doubt, unless you have our express permission to do so (which would include properly obtaining the Licence detailed in Clause 4) You are not able to copy, distribute or re-distribute, transmit, publish or re-publish, re-circulate, alter, change or amend in any whatsoever (such as by caching, framing or similar means), any Editorial Work or anything whatsoever that we own or claim the right to distribute without a signed and dated agreement.

(4)

We do have agents who are specifically authorised by us to sell our licences to Use our Editorial Work. If you are purchasing from an agent and want to check that the agent is authorised by us, you should email us atqueries@newsx.media. For the avoidance of any doubt, if you Use any of our Editorial Work and do not have the applicable Licence then we will take action against You, and the User Who Uses our Editorial Work.

(5)

At our sole discretion, we reserve the right to stop the provision of or access to the Website and/or our Editorial Work and to remove the Website and/or any Editorial Work (or any part of any Editorial Work) without any notice or explanation or any liability whatsoever to You.

(6)

If You find something in our Website and/or Editorial Work which You reasonably believe or know is contrary to law or which breaches any rights please email us at queries@newsx.media with as much information as possible so that we can consider removing it.

(7)

Sometimes our Editorial Work may include links to other websites, content, products or services owned or provided by third parties. In these circumstances we are not responsible for any links and have no liability whatsoever to you in relation to them (they remain the original provider's responsibility) unless we have failed to respond within 14 days of receipt, to a formal Notice specifically notifying us the links and associated content or access to it, is contrary to law or which breaches any rights or these Terms or any agreement with You. You should also be aware that from time to time we may have affiliate agreements with some third parties and receive any payments or commissions from them.

(8) Digital Downloads:

if you have a problem with Using anything which you have bought from our Website, then please email us atqueries@newsx.media.

(1) (a)

Subject to the terms our Licence and these Terms, You can view and listen to the Website and its Editorial Work for your personal, non-commercial use without any payment being due to us. This does not include any other Use whatsoever and, for the avoidance of any doubt, also means that You cannot share our Editorial Work, whether on social media or otherwise.

(b)

If you Use our Editorial Work in any other way, then you must pay us in accordance with clause 5, and according to how you Use the Editorial Work and how many times you use it.

(2) Licence:

A licence is the right to use our Editorial Work according to the terms of that licence. Subject to clause 4(1)(a) Provided always that You do not breach any of our rights nor any part of these Terms and our agreement with You and You pay us any payment as and when it is due, we give You a single use, non-exclusive, worldwide and royalty-free licence to Use our Editorial Work. This licence will include the right to copy, distribute or re-distribute, transmit, publish or re-publish, re-circulate, alter, change or amend Editorial Work.

(b) For the avoidance of any doubt,

(i)

You must pay according to how you Use the Editorial Work. So, for example, if you have a Licence to Use a video provided through our editorial work, this will not extend to a Licence to use screenshots (images) taken from that video. This means that if you want to Use a video provided through our editorial work, you must pay us for that Use. If you also want to use screenshots (images) taken from that video, then you will incur a separate payment for each screenshot at our usual rate for a single image use.

(ii)

Unless we have agreed something different in writing, You must pay according to how many times you Use the Editorial Work. So, for example, if you have a Licence to Use an image we have provided, your licence is to use it once in one format. This means that if you want to Use an image twice, even if it is, for example, in the same article, you must pay for each use.

(iii)

If the licence is for a set of images, the price it is offered for, is for the whole set. We will not reduce the price just because you decide to only use one image from that set.

(iv)

The licence provides rights to the person or organisation who buys that licence. These rights/the licence does NOT extend to any associated or parent company or business unless agreed otherwise in writing with signed confirmation.

(3) Using our Editorial Work:

It is always a condition of this licence that when You Use our Editorial Work

(a)

You specifically agree not to do anything that may in any way infringe upon or undermine our rights, title, or interest whatsoever in our Editorial Work and intellectual property.

(b) CREDIT: (i)

You must properly credit our Editorial Work in accordance with the metadata which accompanies it. This includes, but is not limited to, a credit to us as an Agency and, for an article, a byline (a line giving details of the name of the writer) for the individual reporter and for an image or video, a credit to the creator (include the name of the creator).

(ii)

If you do not do this, then (because it results in a loss of our revenue and reputation) we reserve the right to charge you a penalty charge of £500 in addition to any Set Rates or Standard Fees or any other payment due to us which are also payable by You. If You refuse to pay for Editorial Work that you have used, and we are forced to take legal action, we charge an additional £250 to cover the additional administration. We also reserve the right to charge VAT or any other relevant applicable government taxes and duties, together with interest at the rate of 20% per annum and all legal costs and other reasonable costs and expenses we incur in obtaining payment. If you have any queries in relation to crediting our work, please emailqueries@newsx.media before Using our Editorial Work.

(c)

You can never Use our Website or any Editorial Work whatsoever, either when knowing or being reckless or negligent, if that Use is, or could in any way perceived to be

(i)

contrary to any law, regulation or code of practice, including, but not limited to, a criminal offence or civil liability or

(ii)

infringe any of our rights or those of any third party or

(iii)

behave or encourage anyone else to behave in any way that a reasonable person would deem unacceptable, including, but not limited to, behaviour which is offensive, obscene, threatening or abusive, embarrassing, malicious, misleading, defamatory, promotes inequality, unprofessional, breaching trust and/or confidence or bringing us or any third party into disrepute.