Effective January 1, 2022
w5hnews.com goal is to empower writers and creators and provide them with the tools they require to thrive and grow. We serve as a news social network and online platform where you may post news, information, and other content for people to find, read, exchange ideas, and learn. We connect people to relevant information, interesting content, and potential business opportunities.
Table Of Contents
1. What is this about?
2. Conditions and Obligations
3. Your Rights and Limitations
4. Warranty Disclaimer and Liability Limit
5. Contract Termination
6. Dispute Resolving and Governing Law
7. Key Terms
8. Rules of User Conduct
9. Copyright and Other Complaints
10. Contact Us
11. Important Terms
You agree that clicking "Sign Up With LinkedIn," "Sign in With LinkedIn," or similar options, registering for, accessing, or using our services (defined below), constitutes your permission to enter into a legally binding agreement with w5hnews.com (even if you are using our Services on behalf of a company). Do not click "Sign Up With LinkedIn," "Sign in With LinkedIn," or similar options, and do not access or otherwise use any of our Services if you don't agree to this contract ("User Agreement"). You may end this agreement at any time by closing your account and discontinuing access or using our Services.
Sites and Services of Others
This contract agreement applies to w5hnews.com, as well as any other w5hnews.com related websites, communications, and other services that specify they are provided under this Contract ("Services"). "Members" are our registered users, and "Visitors" are non-registered users.
You are entering into a contract with Data Assistant Corp dba as w5hnews.com (also referred to as “we” and “us” and “w5hnews.com”).
This agreement applies to all Members and Visitors.
You become a Member when you sign up for the w5hnews.com Services. If you have decided not to register for our Services, you may use some features as a "Visitor."
w5hnews.com ("We, “Us", “Our”) reserve the right to modify the Contract.
You agree to abide by the terms described in our policies when using the Site. You meet the requirements to agree to this contract and are at least our "Required Age."
Anyone above the age of 16 is permitted to use the Services.
To use the Services, you agree to comply with the following conditions:
Registering an account with false information, whether it be for yourself or someone else or someone under the age of 16, is against our conditions.
"Required Age" refers to 16 years of age. However, if the law stipulates that you must be older to use the Services (including the use of your personal data) without a parental agreement, then the “Required Age” is that older age.
You promise to keep your password confidential whether that is for our Service or the service we utilize known as ‘OAuth’ (aka Login with LinkedIn Login with Google).
You agree to abide by our policies and the law and will not share your account with someone else or use anybody else's account.
Members own accounts. You consent to the following obligations:
Your account belongs to you, as far as you and others are concerned.
However, if the Services were bought for you by another party (e.g., a Paid Plan seat purchased by your employer), the party paying for such Service has the power to control access to and receive reports on your usage of such paid Service; however, they do not have access to your personal account.
You agree that we store your payment information and will abide by your payment obligations. You acknowledge and agree that our pricing may include applicable fees and taxes. Our policy will apply to refunds.
If you purchase any of our premium services (referred to as "Paid Plan"), you shall comply with any paid plan's additional terms related to paid services and pay us the applicable fees and taxes. Your paid services will be terminated if you fail to pay these fees. Moreover, you understand and agree that:
You consent to receive notices and messages from us via our websites and contact details. You could miss out on critical notices if your contact information is not current.
You allow we may give you notices and messages in the following ways:
You agree to keep your contact information current and accurate.
Please see your settings to control and limit messages you get from us.
You understand and agree that others may see, copy, and use the information or content you share on our Services.
Our services enable communications and information exchange in a variety of ways, including through the content you write, articles, group pages, and messages. The content and information you publish or upload may be seen by other users, visitors, or third parties (including off of the Services). We will respect your preferences regarding who can access material or information where we have provided settings (e.g., Private Pages ).
We are not required to publish any type of information or content on our service; we reserve the right to remove any information or material from our service with or without notice.
All of the content you publish, including blogs, news, tiddlers, articles, images, and other materials, as well as any personal data and feedback, remains your property, but you grant us a non-exclusive license to use it.
We'll respect the choices you make on who may access your content and information, as well as how it can be used for advertisements.
You are the owner of the content and information you upload or publish to the Services; however, you grant w5hnews.com and its affiliates the following non-exclusive license:
We reserve the worldwide, transferable, and sublicensable right to use, alter, copy, distribute, publish, and otherwise process information and content you submit and share through our Services and those of third parties, without any further consent, notice, and/or compensation to you or anyone else. If you do post content or submit material, and unless we indicate otherwise, you grant w5hnews.com a nonexclusive, royalty-free, perpetual, irrevocable, fully-sublicensable, and transferable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any form, media, or technology, including for the purpose of promoting and redistributing part or all of the Service. You grant w5hnews.com and sublicensees the right to use the name that you submit in connection with such content if they choose.
The following limitations apply to these rights:
When you submit any feedback or suggestions regarding our Services, you consent that we may use and share that input (which is not always required) for any objective without compensating you.
You affirm that your profile will be accurate and that you will only post information and content that you possess the right to publish and share.
You accept that you will only provide materials or information that abide by the law and respect people's rights (including intellectual property rights). You also agree to provide accurate information about yourself. In some countries, we may be obligated by law to remove specific information or material.
We reserve the right to possibly vary our prices or discontinue any service.
Any of our services may be updated, suspended, or terminated. We may also alter our prices going forward with adequate notice, to the extent permitted by law.
You're solely responsible for your use of others' information and content on our Services.
Third parties and others may use our Services to offer and advertise their products and services, and we disclaim all responsibility for their activities.
When using the Services, you can stumble upon content or information that may be incorrect, delayed, deceptive, incomplete, unlawful, unpleasant, offensive, misleading, or otherwise harmful. We normally do not examine content submitted by our members or by other parties. You accept that we are not liable for the content or information of third parties (including other Members). You acknowledge and agree that we cannot always stop others from misusing our services, and we are not liable for any such misuse. When we notify your connections and followers that you, your organization, or your business have been mentioned in the news, you also understand the possible risk of being mistakenly associated with content about others.
w5hnews.com may assist in bringing together Members searching for services and Members offering their services (coaches, authors, publishers, technical experts, information workers, etc.). These services are not carried out by w5hnews.com or any of its employees. You must be older than 18 to provide, carry out, or acquire these services. You agree that:
We may connect Members spreading and sharing specific content and news with Members looking for that information. We don't provide the content or information others share, nor do we hire people to do so. You must be at least 16 years old to perform these activities. You understand and accept that We do not direct, monitor, regulate, or keep an eye on Members while they execute these activities and acknowledge that:
Furthermore, w5hnews.com may assist you in signing up for and/or attending events organized by Members as well as making relationships with other Members who will be attending these events. You acknowledge and agree that:
We reserve the right to place restrictions on how you connect to and use our Services.
We (w5hnews.com) have the right to impose restrictions on how you use the Services, including how many people may read or access your content and your communication with other Members. We retain the right to limit, suspend, or remove your account if you violate this Contract or the law or misuse the Services (e.g., by not following or violating any of the Dos and Don’ts or Community Guidelines).
We are giving you notice regarding our intellectual property rights.
w5hnews.com reserves all of the intellectual property rights in the Services. The name, logos, service marks, and graphics used for our Services are trademarks of “Data Assistant Corp dba as w5hnews.com.” Other trademarks that are used and displayed on the Site could be the property of their respective owners, who might or might not be associated with Us (w5hnews.com).
You understand and agree that the Services could include content or features protected by copyright, patent, trademark, trade secret, or other legal rights or restrictions. Except for your own User Content, which you lawfully upload to the Services, you agree not to alter, copy, frame, scrape, sell, distribute, or create derivative works based on the Services or the Site Content, in whole or in part, without Our (w5hnews.com) explicit consent.
We process data and information about you to offer pertinent suggestions to you and others.
Based on the information and data you provide and that we already have about Members, we provide suggestions for interactions, content, and features that you might find useful. For instance, we use statistics and information about you to suggest news, stories, or topics you might find interesting. Keeping your content current and accurate help us improve the relevance and accuracy of our suggestions.
This is Our (w5hnews.com) legal disclaimer on the caliber, security, and trustworthiness of our services.
We w5hnews.com and our affiliates DO NOT warrant or make any representations regarding the services, including any warranty that:
You are at your own risk while using the Services. The Service is provided on an “as is” and “as available” basis. We and Our affiliates hereby disclaim any implied or statutory warranty, including any warranty of title, the accuracy of data, non-infringement, merchantability, or fitness for a specific purpose, to the fullest extent permissible by applicable law.
We have legal liability limits for you.
You acknowledge and agree that, to the maximum extent permitted by law, We w5hnews.com, and Our affiliates, will not be liable in connection with this contract for any lost profits or missed business opportunities, reputational harm (such as statements that are offensive, slanderous, or defamatory), loss of data (such as downtime or loss, use, or modification of your information or content), or any consequential, incidental, indirect, special, or exemplary damages.
In conjunction with this Contract, neither w5hnews.com nor its affiliates will be liable to you for any sum that surpasses the greater of the following:
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless w5hnews.com, its officers, Affiliates, employees, directors, and agents, from and against any and all claims, obligations, damages, liabilities, losses, debts or costs, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to our Service. (ii) your violation of any term of this Agreement. (iii) your violation or breaching of any third party right, including without limitation any copyright, privacy, or property right. or (iv) any claim that your Content caused damage to a third party.
The exclusions and limitations of liability outlined in this Section 4 are critical parts of the contract between you and Us w5hnews.com and shall apply to all liability claims (such as warranty, negligence, tort, contract, and law actions), even if We or our Affiliates have been informed of the possibility of such damage and even if these remedies fail their primary objective.
These liability limitations do not apply to liability for death or personal injury, fraud, criminal conduct, gross negligence, or in cases of negligence where a material obligation has been violated, which is defined as one that is essential for us to provide our services and on which you can fairly rely, but only to the extent that the damages were directly caused by the violation, were expected upon conclusion of this Contract, and are typical in the context of this Contract.
We both may terminate this Contract, but some rights and obligations still remain in effect.
You and We (w5hnews.com) may end this Contract at any time by giving the other party notice. After termination, you can no longer use or access the Services. The following will remain in effect:
Learn how to close an account at our FAQ
If a legal dispute arises between you and w5hnews.com (“Us”), in an odd case, depending on where you reside, you and We agree to handle that matter in Illinois courts using Illinois law or in your local courts using local law.
For others, including those who reside outside of the United States: You and w5hnews.com (“We”) acknowledge and accept that any dispute regarding this Contract and/or the Services shall be exclusively governed by the laws of the State of Illinois, U.S.A, without regard to its conflict of law provisions, For the purpose of litigating any claims or disputes, both you and w5hnews.com (“We”) understand and agree to personal jurisdiction in the federal or state courts located in Cook County Illinois, USA.
There are some crucial points to keep in mind regarding the Contract.
You and We agree that if a court with authority over this Contract judges any part of it to be unenforceable, then the court should change the terms to make that part enforceable while still carrying out its primary objective. If the court cannot accomplish that, you and We agree to ask the court to remove the unenforceable section of the Contract while enforcing the rest.
This Contract is the exclusive agreement between us for the Services (together with any further terms that may be provided by us when you use a feature of the Services), and it replaces all past agreements for the Services,
We shall not be deemed to have waived our right to enforce this Contract if we do not take any action to enforce a breach of this Contract. You are not permitted to assign or transfer this Contract (or your membership or use of the Services) to anyone else without our approval. However, you understand and accept that We may transfer this Contract to our affiliates or a buyer without your consent. No other parties are beneficiaries of this Contract.
You agree that the only addresses to which you may deliver us legal notice are those specified in Section 10.
We are a service for the news and information community. Our Community Guidelines and this "Dos and Don'ts" list place restrictions on what you may and cannot do when using our Services.
You agree to the following terms:
You agree NOT to do the following actions:
We caution our users to show the same regard for the intellectual property of others as we do. We require any information submitted by Members to be accurate and not violate the legal rights—whether they be intellectual property rights or other rights—of any Member or third party. For complaints regarding Member-posted content on our site, please follow these instructions Complaints regarding content posted on the w5hnews.com website.
If you have queries about our terms, and policy, or any other concerns, complaints, or requests relating to your information, you can contact us at “Contact”.
You may also reach us using our online help.
In cases of legal notifications or process serving, please contact us at the following address:
119 S Emerson St Suite #132
Mt Prospect, IL 60056