Terms

Terms and Conditions

These terms and conditions create a contract between you and Breaking News Network, Inc. (“BNN”) (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”

Introduction To Our Services

This Agreement governs your use of BNN’s services (“Services”), through which you can buy, get, license, rent or subscribe to media, apps (“Apps”), and other in-app services (“Content”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.

Using Our Services

YOU MUST BE AGE 18 TO ACCESS AND USE BNN’S SOFTWARE. FOR PERSONS BETWEEN THE AGES OF 13 AND 17, ACCESS CAN BE CREATED BY A PARENT OR LEGAL GUARDIAN OR BY AN APPROVED EDUCATIONAL INSTITUTION.

BNN IS FOR THE SOLE AND EXPRESS USE OF USERS WITHIN THE UNITED STATES OF AMERICA. THE USE OF ANY BNN SERVICES OUTSIDE OF THE UNITED STATES OF AMERICA IS STRICTLY PROHIBITED.

Privacy

Your use of our Services is subject to BNN’s Privacy Policy, which is available at https://breakingnewsnetwork.com/privacy-policy/

Services and Content Usage Rules

Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. BNN may monitor your use of the Services and Content to ensure that you are following these Usage Rules.

All Services:

– You may use the Services and Content only for personal, noncommercial purposes. If a commercial services license is desired, please contact BNN at:

Breaking News Network, Inc
336 Godwin Ave
Midland Park, New Jersey 07432
888-875-6100

– BNN’s delivery of Content does not transfer any promotional use rights to you and does not constitute a grant or waiver of any rights of the copyright owners.

– It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly.

– You may not tamper with or circumvent any security technology included with the Services.

– You may access our Services only using BNN’s software and may not modify or use modified versions of such software.

– BNN may monitor any data, information, or any communication transmitted or transferred through any of our services or applications, including incident submissions, user chat, and media of any type.

BNN’s Content:

– You may use Digital Rights Management (DRM)-free Content on compatible devices for which you have purchased a license .

App Content:

– The term “App” includes all BNN Applications.

– You may use BNN Apps on any compatible device that you own or control for which a subscription has been purchased or granted.

– Individuals acting on behalf of a commercial enterprise, governmental organization or educational institution (an “Enterprise”) which are holders of a BNN commercial user license may download BNN Apps for use by either (i) a single individual on one device owned or controlled by an Enterprise; or (ii) multiple individuals on a single shared device owned or controlled by an Enterprise. For the sake of clarity, each device used serially or collectively by multiple users requires a separate license.

– You may not use any BNN services outside of the United States of America. If are traveling outside of the United States, you must log out of the application prior to departure, and you may not log back in until you return to the United States.

Subscriptions

The Services and certain Apps may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions are prepaid and nonrefundable and automatically renew until cancelled. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. Subscription cancellation must be in writing by US mail or E-Mail to the following address:

Breaking News Network, Inc
336 Godwin Avenue
Midland Park, New Jersey 07432

SUPPORT@BREAKINGNEWSNETWORK.COM

Submissions To Our Service

Our Services may allow you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please submit your concern to:

Breaking News Network, Inc.
336 Godwin Avenue
Midland Park, New Jersey 07432

You hereby grant BNN a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing, and BNN internal purposes. BNN may monitor and decide to remove or edit any submitted material.

Submissions Guidelines: You may NOT use the Services to:

– post any materials that you do not have permission, right or license to use;

– post objectionable, offensive, unlawful, deceptive or harmful content;

– post personal, private or confidential information belonging to others;

– request personal information from a minor;

– impersonate or misrepresent your affiliation with another person, or entity;

– post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;

– plan or engage in any illegal, fraudulent, or manipulative activity.

Additional Application Terms

BNN is responsible for providing maintenance and support for BNN Apps only, or as required under applicable law.

Licensed Application End User License Agreement

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any BNN App under this Standard EULA or Custom EULA is granted by BNN, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or BNN as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any BNN-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Device to a third party, you must remove the Licensed Application from your Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY:. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application. This application is for the sole and express use of users located within the United States of America.
The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and BNN shall be governed by the laws of the State of New Jersey, excluding its conflicts of law provisions. You and BNN agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bergen County, New Jersey to resolve any dispute or claim arising from this Agreement.
MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES

Definition of BNN

Depending on your Home Country, “BNN” means:

Breaking News Network, Inc., located at 336 Godwin Avenue, Midland Park, New Jersey 07432.

Contract Changes

BNN reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.

Submission Guidelines

Third-Party Materials

BNN is not responsible or liable for third-party materials included within or linked from the Content or the Services.

Intellectual Property

You agree that submissions to BNN, including but not limited to photos, content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, will not contain proprietary information or material that is owned by any third-party and any such submissions are not protected by applicable intellectual property and other laws, including but not limited to copyright.

You agree that you will not use BNN proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

The BNN name, the BNN logo, and other BNN trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of BNN in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

Claims Of Copyright Infringement (“DMCA”)

Copyright Notice

If you believe that any Content available through the Services infringe a copyright claimed by you or another, please contact Breaking News Network, Inc. (BNN) at the following location:

Procedure For Making Claims Of Copyright Infringement

Breaking News Network, Inc. (BNN) is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act 17 USC 512). If you believe that your work has been copied in a way that constitutes infringement within BNN’s content, please provide the information below.

To file a copyright infringement notification with us You will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements) to:

Breaking News Network, Inc
336 Godwin Ave
Midland Park, New Jersey 07432

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs and/or BNN’s incident Identification Number in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has 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.
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Termination and Suspension Of Services

If you fail, or BNN suspects that you have failed, to comply with any of the provisions of this Agreement, BNN may, without notice to you: (i) terminate this Agreement and you will remain liable for all amounts due under your subscription up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.

BNN further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and BNN will not be liable to you or to any third party should it exercise such rights.

Disclaimer Of Warranties; Liability Limitation

BNN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BNN MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY BNN) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL BNN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, BNN’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

BNN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE BNN FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

BNN DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE BNN FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.

BNN IS NOT RESPONSIBLE IN CONNECTION WITH YOUR USE OF THE SERVICES.

Waiver and Indemnity

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD BNN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY BNN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM BNN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BNN’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Statutory Exceptions For Public Institutions

If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

Governing Law

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and BNN, and all Transactions on the Services shall be governed by the laws of the State of New Jersey, excluding its conflicts of law provisions. You and BNN agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New Jersey to resolve any dispute or claim arising from this Agreement.

Other Provisions

This Agreement constitutes the entire agreement between you and BNN and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and BNN. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BNN’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. BNN will not be responsible for failures to fulfill any obligations due to causes beyond its control.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No BNN employee or agent has the authority to vary this Agreement.

BNN may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. BNN may also contact you by email or push notification to send you additional information about the Services.

You hereby grant BNN the right to take steps BNN believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that BNN has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as BNN believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BNN’s right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party’s rights).

Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.