FLYING PIG DIGITAL, INC. TERMS OF USE


Effective Date:  January, 2016

These Terms of Use and our privacy policy constitute a legally binding agreement between you and Flying Pig Digital, Inc. (d/b/a Flying Pig Digital d/b/a NewsUp) (“Flying Pig Digital” “we,” “us” or “our”) and govern your use of our https://www.newsup.com/ website and our online services (such as quizzes and assessments) that are made available on Flying Pig Digital’s customer’s digital properties (each a "Service" and collectively, "Services"); please read them carefully. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

Binding Arbitration.  

These Terms of Use provide that all disputes between you and Flying Pig Digital will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled, “Dispute Resolution; Arbitration Agreement” for the details regarding your agreement to arbitrate any disputes with Flying Pig Digital.

Copyright and Trademark Information

The Services, and the information, files, documents, text, photographs, images, audio, and video which they contain and any material made available for download on the Services (collectively, the “Content”) are the property of Flying Pig Digital or its licensors, as applicable. The Services and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Flying Pig Digital. All rights not expressly granted herein are reserved to us and our licensors.

Use of Flying Pig Digital Content; Security and Restrictions

We authorize you to view or download the Content on, and/or participate in activities offered on, the Services solely for your personal, noncommercial use if you do not remove the copyright and other proprietary rights notices which are contained in the Content. You may not copy, distribute, modify, create derivative works of, reproduce, publish or use, in whole or in part, any Content except for purposes explicitly authorized by these Terms of Use or approved in writing by Flying Pig Digital. Content and features are subject to change or termination without notice in our editorial discretion.  

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Services or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation;
  • Otherwise attempt to interfere with the proper working of any Service.
  • Use any device, software or routine that interferes with the proper working of any Service; or
  • Use any manual process to monitor or copy any of the material on any Service or for any other unauthorized purpose without our prior written consent;
  • Use any robot, spider or other automatic device, process or means to access any Service for any purpose, including monitoring or copying any of the material on any Service;
  • Use any Service in any manner that could disable, overburden, damage, or impair any Service or interfere with any other party’s use of any Service;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of any Service, or which, as determined by us, may harm the Flying Pig Digital or users of any Service or expose them to liability;

In the event access to the Services or a portion thereof is limited by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Flying Pig Digital. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Services may be revoked by Flying Pig Digital at any time with or without cause. You agree to defend, indemnify and hold Flying Pig Digital harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Flying Pig Digital arising out of your breach of these Terms of Use or violation of applicable law, your use of, or access to, the Services, or access to the Services by anyone using your user ID and password.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Links to Other Services; Third Party Sites

From time to time we may provide links to third party websites and services that we think may be of interest to you. The Services may also be provided on Flying Pig Digital’s customers websites and other digital properties. Flying Pig Digital makes no representations whatsoever about any other website that you may access through this Services or on which the Services may be made available. When you access a non-Flying Pig Digital website, please understand that it is independent from Flying Pig Digital, and that Flying Pig Digital has no control over the content on that website or the website operator’s privacy practices. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Service or on which the Services are made available, you do this entirely at your own risk.

Limitation of Liability and Disclaimer of Warranties

FLYING PIG DIGITAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES, INCLUDING ANY CONTENT CONTAINED WITHIN THEM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. FLYING PIG DIGITAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICES.

FLYING PIG DIGITAL AND ANY THIRD PARTIES MENTIONED ON THE SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR CONTENT CONTAINED WITHIN THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF FLYING PIG DIGITAL TO YOU WITH RESPECT TO YOUR USE OF THIS SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE SERVICES IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.  

Indemnification

By using the Services, you agree to indemnify and hold us, our officers, managers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Services.

Dispute Resolution; Arbitration Agreement

We will try work in good faith to resolve any issue you have with any Service, if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

Any dispute or claim relating in any way to your use of the Flying Pig Digital Services will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply to this Agreement. 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 these Terms of Use as a court would. To begin an arbitration proceeding, either party must send a letter requesting arbitration and describing the claim to the other party.  If you are sending an arbitration request letter to Flying Pig Digital, such letter shall be sent to the address set forth below. The arbitration will be conducted by one mutually acceptable arbitrator through the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration, if in person, will be conducted in Baltimore, Maryland. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In addition, you and Flying Pig Digital each 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 you waive any right to a jury trial. You and Flying Pig Digital both agree that you or Flying Pig Digital may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Flying Pig Digital agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in the State or Maryland. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State or Maryland in connection with any such claim.

Governing Law

All matters relating to the Services and these Terms of Use shall be governed by and construed in accordance with the laws of the State or Maryland, without regard to its conflict of law provisions.

Waiver

No waiver of by the Flying Pig Digital of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Flying Pig Digital to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

These Terms of Use constitute the entire agreement between you and us with respect to the use of the Services. Your use of the Services is also subject to our privacy policy.

Effective Date and Changes to These Terms of Use

The Effective Date of these Terms of Use is set forth at the top of this webpage. We may change these Terms of Use from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms of Use. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms of Use. The amended Terms of Use supersede all previous versions.

Survival

The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.

Questions and Comments

We welcome questions and comments about this these Terms of Use.  Questions or comments should be directed to Flying Pig Digital, Inc., at the following email address info@newsup.me.