Terms and Conditions
Last Updated - 22/05/2023
DEFINITIONS
For the purposes of these Terms and Conditions:
“AYONEWS” or “Us” or “We” or “Ayozat” refers to the owner(s) of the website whose registered office is Building 3 Chiswick Park, 566 Chiswick Park High Road, London, England, United Kingdom. The term “you” refers to the user or viewer of this website.
Device means any device that can access the Services such as a computer, a cellphone or a digital tablet.
Services refers to the AYONEWS Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Us regarding the use of the Services.
Third-party Properties means any Servicess or content (including data, publications, contents, information, products or Servicess) provided by a third-party that may be displayed, included or made available by the Services.
Website refers to AYONEWS, accessible from http://www.ayonews.com
You mean the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
ACKNOWLEDGEMENT
These are the Terms and Conditions governing the use of this Services and the agreement that operates between You and Us. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services.
Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Services.
By accessing or using the Services You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Services.
You represent that you are over the age of 18. We do not permit those under 18 to use the Services.
Your access to and use of the Services is also conditioned on Your acceptance of and compliance with our privacy policy. Our privacy policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our privacy policy(link) carefully before using Oor Services.
ACCOUNT REGISTRATION.
Without limitation, you must be at least 18 years of age to use the Services. You may not attempt to access or use the Services if you are not permitted to do so. For certain features of the Services, you may need an account. To register an account, you must first successfully complete the sign-up process. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorised use. You’re responsible for all activities that occur under your account. You are only allowed to create one account and you agree you won’t share your account with anyone. You also agree that you will not: (i) create another account if we’ve disabled one you previously established, unless you have our prior written consent; (ii) buy, sell, rent or lease access to your account or username, unless you have our prior written consent; (iii) share your account password with anyone; or (iv) log in or try to log in to access the Services through unauthorised third-party applications or clients.
PERMITTED USES
Your use of the Services is strictly limited to personal and non-commercial purposes. The Services includes material derived whole or partially from material supplied and owned by Us as well as third parties ("Content"). Between Us and You, all copyrights, trademarks, Services marks, trade names, and other intellectual and property rights worldwide connected to our Services and our AYONEWS Content are owned only by Us. You acknowledge that we have legitimate intellectual property rights in our Services and our content, and that the only permissible uses of the Services for you are to access, view, and download content. Except for the specific restricted rights expressly given herein, nothing in these Terms of Services shall be construed as granting you any right, title, or interest in or to the Services, Content, or any portion thereof.
You may only use the Services for personal and non-commercial purposes. You may not, directly or through any personal computer, browser, laptop, tablet, mobile phone, or other device (each a "device") or other means, remove, alter, bypass, avoid, interfere with, or circumvent (I) any copyright, trademark, or other proprietary notices prominently displayed on the Services or Content, (II) (ii) any digital rights management system, device, or other measure for content protection or access control linked with the Services or Content or (III) any advertisement shown on the Services and/or within the Content. The Services or Content may not be copied, downloaded, streamed, reproduced, duplicated, archived, distributed, uploaded, published, modified, translated, broadcast, performed, displayed, sold, transmitted, or retransmitted without our prior written consent. You may not incorporate the Content into, or stream or retransmit the Content through, any hardware or software application, or make the Services or any Content available through frames or in-line links, and you may not otherwise surround or obfuscate the Content or Services with any third party content, materials, or branding. Additionally, you are not permitted to access, acquire, copy, monitor, scrape, or aggregate Content or any other part of the Services using any software robots, spiders, crawlers, or other data collection or extraction methods, whether automated or manual. You are not allowed to conduct any actions that could put an unreasonable stress on the Services or its servers and infrastructures, either intentionally or unintentionally. You are not permitted to use any part of the Services or Content, whether or not for profit, to start a business, resell it, redistribute it, or utilize it in any other way for commercial purposes.
You may not modify, enhance, remove, interfere with, or otherwise alter any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content if we make it available to you via a widget, embedded player, or other technology that allows you to embed or stream Content on or to another site.
You are also prohibited from disabling, modifying, interfering with, or otherwise circumventing any technology that allows users to view Content without: (i) clearly displaying both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all intelligraphic functionality.
THIRD PARTY PROPERTIES
The Services may offer you with third-party properties, websites, software programs, and data Services (collectively, "Third Party Properties"), connect to them, or allow you to access and interact with them. We are not liable for the actions of third parties. We have no control over any Third Party Properties that you may link to using the Services, and we do not necessarily support or review Third Party Properties. You acknowledge and agree that we do not accept liability for the acts or omissions of third parties and that we are not responsible for any loss or damage you may suffer as a result of your reliance on any advertising, products, or other materials found on or accessible from Third Party Properties. Before using any Services provided by third parties, you should review their terms of Services and privacy policies.
USER CONTENT
On our AYONEWS Website, you can publish your own content (User Content), such as articles, comments, and other pertinent content. The rights to all content you create and post on our AYONEWS website belong to you and you alone. By posting your content, you grant us permission to use your content in any way we deem necessary to deliver our Services now and in the future, including storing, displaying, duplicating, and distributing it. This may also entail promoting your material with partner firms or Servicess for wider transmission, distribution, or publication on our website. Additionally, this may entail promoting your content with affiliated businesses or Servicess for wider broadcast, publication, or distribution on our website. You are accountable for the content you publish and take full responsibility for all risks related to it, including the possibility that others may rely on its accuracy or make legal claims as a result of its publishing. By uploading anything on our AYONEWS website, you guarantee that you have the legal authority to do so, that doing so does not violate any licenses you may have provided to others, and that the content is truthful to the best of your knowledge. No one's content is pre-screened by us. However, we reserve the right to examine any content that is accessible through the AYONEWS website, remove it, or restrict access to it for any reason.
You agree that any User Content you contribute will be deemed non-confidential, and we are not required to treat such User Content as proprietary information except in accordance with our Privacy policy. Without limiting the aforementioned, we reserve the right to utilize any user-generated content in any way we see fit, including but not limited to removing, editing, changing, rejecting, or refusing to post it. Once User Content has been submitted to Us, We are not obligated to edit, delete, or otherwise alter it. We shall not be required to credit you as the author of User Content or to compel any kind of attribution from third parties.
You agree not to commercially exploit our AYONEWS website, including by using it to: (I) (a) upload, transmit, or disseminate any software, computer viruses, or worms that could harm or corrupt a computer system or data; (II) Send any kind of duplicative or unlawful messages, whether commercial or not, including junk mail, spam, chain letters, pyramid schemes, and unwelcome advertising and promotional materials; (III)interfere with or disrupt systems or networks linked to our AYONEWS website or violate the rules, policies, or procedures of such networks; (IV) harvest, collect, gather, or compile information or data about other users, including email addresses, without their authorization; (V) use password mining or other means to gain unauthorized access to our AYONEWS website, other computer systems or networks connected to or used in conjunction with AYONEWS website; or (VI) harass or interfere with another user's usage and enjoyment of AYONEWS website.
REVISIONS AND ERRATA
There could be technical, typographical, or photographic errors in the content on AyoNews' website. We do not guarantee that any of the information on its Website is correct, comprehensive, or up to date. We reserve the right to make changes to the information on its website at any time and without prior notice. However, we don't promise to regularly update the materials.
NO OBLIGATION TO PRE-SCREEN CONTENT
You agree that while We reserves the right to pre-screen, reject, or remove any third party Content, it is under no obligation to do so for any information, data, text, music, sound, photographs, videos, or other materials made available on or through the Services by third parties ("Third Party Content"). If the Third Party Company pre-screens, denies, or removes any Third Party Content, you accept that We will do so for the benefit of us, not yours. Without limiting the generality of the foregoing, We reserve the right to remove any Third Party Content that violates the Terms or is otherwise objectionable.
COMMUNITY GUIDELINES
The following rules apply to User Content, user behavior, and interactive areas of the website:
You may publish or upload user-generated content, comments, video, photographs, messages, or other materials or things using the interactive functions on the Website, such as comment sections, discussion forums, or other interactive features. You use any Interactive Areas at your own risk and are solely responsible for your actions inside.
You consent to comply by the following conduct guidelines by contributing any content to or engaging in an Interactive Area on the Website.
You hereby agree not to post, upload, or otherwise make available any materials that:
• breaches or infringes in any way on the rights of others, including by making remarks that might be taken to be threats, stalking, or defamatory.
• You are aware that it is false, misleading, or inaccurate.
• involves explicit manifestations of bigotry, racism, racially or ethnically insulting content, hate speech, abusiveness, vulgarity or profanity.
• contains or promotes pedophilia, incest, bestiality, or other obscene or filthy content, including pornography or sexually explicit material.
• breaks any law, promotes or instructs dangerous, unlawful, or predatory behavior, or talks about unlawful behavior with the purpose to engage in it.
• encourages violent conduct.
• poses a legitimate risk to one's safety or the safety of the public.
• features graphic images of murder or physical abuse that appear to have been recorded primarily or exclusively for disruptive, exploitational, or gratuitous motives.
• is protected by copyright, trademark, trade secret, right of publicity, or other property right, unless the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right expressly grants permission. You bear the burden of evaluating whether any User content is protected by copyright, trademark, trade secret, right of publicity, or other proprietary right. Any injury caused by a submission that violates any copyrights, trademarks, trade secrets, rights of publicity, other proprietary rights, or causes any other harm is totally your responsibility. Any person who violated the intellectual property or other rights of others, as determined by Us in our sole discretion, shall be prohibited from submitting or posting any more materials on the Website.
• does not generally relate to any Interactive Area's intended topic or theme.
•contains any "junk mail," "spam," "chain letters," "pyramid schemes," or any other kind of solicitation for products or Servicess that is not permitted or requested.
• You agree not to engage in any behavior that could result in a criminal offense or civil liability.
• You acknowledge that you have the approval of each and every identifiable natural person in any submission to use their name or likeness in the way envisioned by the Website, if necessary.
• You acknowledge that We are not obligated to pay any compensation to anyone who appears in your submission and who is currently a member of a rights society.
• You undertake not to imply or indicate that we approve of user content in any way, whether directly or indirectly.
• You undertake not to interfere with or disrupt the Site or the servers or networks linked to the Site, or to violate any network requirements, procedures, policies, or regulations.
• You hereby agree not to use the Site or your access to the Site for any commercial purpose, nor to reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Site.
Any behavior that, in our sole judgement, restricts or hinders others from using or enjoying the Website will be prohibited. We reserve the right, at our sole discretion, to remove or alter your User Content and to terminate Your Account for any reason.
You agree that any User Content you contribute will be deemed non-confidential, and we are not required to treat such User Content as proprietary information except in accordance with our Privacy policy. Without limiting the aforementioned, we reserve the right to utilize any user-generated content in any way we see fit, including but not limited to removing, editing, changing, rejecting, or refusing to post it. Once User Content has been submitted to Us, We are not obligated to edit, delete, or otherwise alter it. We shall not be required to credit you as the author of User Content or to compel any kind of attribution from third parties.
COPYRIGHT OWNERSHIP.
The Site contains copyrighted material, trademarks, and other proprietary information, such as text, software, photographs, video, graphics, music, and sound, and our Contents are copyrighted as a collective work under copyright laws. The choice, coordination, arrangement, and improvement of such content are all protected by our copyright. No content, in whole or in part, may be altered, published, transmitted, transferred, sold, subjected to derivative works, or otherwise exploited. Only for personal use may you download anything protected by copyright. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be allowed without our and the other copyright owners' written permission, unless expressly permitted by copyright law. Author credit, trademark legends, or copyright notices cannot be changed or removed during any authorized copying, redistribution, or publication of copyrighted work. You acknowledge that downloading copyrighted content does not grant you any ownership rights.
FEEDS
You may access our RSS and Atom Feeds (this is only applicable for the content posted by AYONEWS and is not applicable for any third party content) using any compatible feed reader or aggregator. By accessing our feeds, you accept our Terms and Conditions. Subject to your acceptance of these Terms and Conditions, we grant you to a non-exclusive, non-transferable, non-sub licensable licence to display content from our feeds in unmodified forms on any non-commercial websites owned and operated by you, providing that you must not aggregate any of our feed content with any third party feed when displaying it in accordance with this clause. It is a condition the license that you include a credit for us and hyperlink to our website on each web page where our feed content is published in a such form as we may specify from time to time or if we do not specify any particular form, in a reasonable form. We may revoke any license relating to our feeds or feed content at any time, with or without notice.
FEES
If you decide to buy any of our paid Services, you agree to pay all fees and charges that are applied to your Account in accordance with the billing terms and fees that are in force at the time a fee or charge is due and payable. As a condition of signing up for our Paid Services, you must supply us with a valid credit card (Visa, MasterCard, or any other issuer approved by us) or PayPal account ("Payment Provider"), or purchase order information. Your Payment Provider agreement regulates your use of the selected credit card or PayPal account, and it is that agreement, not the Terms, that you must look to determine your rights and duties. You acknowledge that we are authorized to immediately invoice your Account for all fees and charges owing and payable to us under this Agreement and that no further notice or consent is necessary by giving us your credit card number or PayPal account information, together with the related payment information. Any time your billing address, credit card, or PayPal account that you used to make payments under this agreement change, you undertake to let us know right away. We reserve the right to alter our pricing and payment options at any moment, either immediately after we make the changes on the website or by sending you an email.
SECURITY
We take our Services's security very seriously. While we make every effort to keep your account and the data connected to it secure, we can't promise that someone won't be able to circumvent our security precautions. If you find any indication that your account has been compromised, do let us know right away. We are constantly searching for security gaps. We would appreciate your complaint if you find a flaw in our Services, and we urge you to notify us right away. To report a vulnerability, please email …(email address).
CHANGES TO THESE TERMS OR THE SERVICESS
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Website and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Servicess, at any time and without notice, at our sole discretion.
NO WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES IS OFFERED AND PROVIDED TO YOU AS-IS. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION AS TO THE CONDITION, QUALITY, CONTINUITY OF OPERATION, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF OUR SERVICES. WE DO NOT GUARANTEE THAT ACCESS TO OR USE OF THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER AYONEWS NOR ANY OF ITS AFFILIATES, EMPLOYEES, OWNERS, EMPLOYEES, REPRESENTATIVES OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOST SALES, LOSS OF DATA OR LOSS OF GOODWILL, FOR ANY ACTS OR OMISSIONS OF DIGITAL SERVICESS OR THEIR USERS, OR FOR YOUR USE OF OR ACCESS TO THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR PRODUCT LIABILITY AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL AYONEWS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE SUMS ACTUALLY DUE TO YOU IN ACCORDANCE WITH PARAGRAPH ABOVE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN US AND YOU.
DISPUTE RESOLUTION
All disputes arising out of or in connection with these Terms will be finally settled under the rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules. If the ICC or the parties decide that the tribunal will consist of three arbitrators, each party will nominate a co-arbitrator and the two co-arbitrators will jointly nominate the third arbitrator, who will serve as the presiding arbitrator. Any disputes related to or in connection with these Terms, will be governed and construed in accordance with the laws of England and Wales. The place, or legal seat, of the arbitration will be in London, United Kingdom and the language of the arbitration will be English.
GOVERNING LAW AND FORUM CHOICE
All matters arising from these Terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of the England and Wales.
GENERAL TERMS
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Us and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Us and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications to us under these Terms will be given: (i) via email to info@ayozat.co.uk; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of our company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
