Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the servicesand Newton Day Ltd’s websites (the “Services”), and any information,text, graphics, or other materials uploaded, downloaded or appearing on theServices (collectively referred to as “Content”). Your access to and useof the Services is conditioned on your acceptance of and compliance with theseTerms. By accessing or using the Services you agree to be bound by these Terms.
Basic Terms You areresponsible for your use of the Services, for any content you post to theServices, and for any consequences thereof. The Content you submit, post, ordisplay may be able to be viewed by other users of the Services and throughthird party services and websites. You mayuse the Services only if you can form a binding contract with Newton Day Ltdand are not a person barred from receiving services under the laws of the UnitedKingdom or other applicable jurisdiction. You may use the Services only incompliance with these Terms and all applicable local, state, national, andinternational laws, rules and regulations. TheServices that Newton Day Ltd provides are always evolving and the form andnature of the Services that Newton Day Ltd provides may change from time totime without prior notice to you. In addition, Newton Day Ltd may stop(permanently or temporarily) providing the Services (or any features within theServices) to you or to users generally and may not be able to provide you withprior notice. We also retain the right to create limits on use and storage atour sole discretion at any time without prior notice to you. TheServices may include advertisements, which may be targeted to the Content orinformation on the Services, queries made through the Services, or otherinformation. The types and extent of advertising by Newton Day Ltd on theServices are subject to change. Privacy Anyinformation that you provide to Newton Day Ltd is subject to our Privacy Policywhich governs our collection and use of your information. You understand thatthrough your use of the Services you consent to the collection and use (as setforth in the Privacy Policy) of this information, including the transfer ofthis information to the United Kingdom and/or other countries for storage, processingand use by Newton Day Ltd. As part of providing you the Services, we may needto provide you with certain communications, such as service announcements andadministrative messages. You canopt-out of most communications from Newton Day Ltd including our newsletter,new follower emails, etc. by making a request to us via the Passwords You areresponsible for safeguarding the password that you use to access the Servicesand for any activities or actions under your password. We encourage you to use “strong”passwords (passwords that use a combination of upper and lower case letters,numbers and symbols) with your account. Newton Day Ltd cannot and will not beliable for any loss or damage arising from your failure to comply with theabove requirements. Content on the Services AllContent, whether publicly posted or privately transmitted, is the soleresponsibility of the person who originated such Content. We may not monitor orcontrol the Content posted via the Services and, we cannot take responsibilityfor such Content. Any use or reliance on any Content or materials posted viathe Services or obtained by you through the Services is at your own risk. We do notendorse, support, represent or guarantee the completeness, truthfulness,accuracy, or reliability of any Content or communications posted via theServices or endorse any opinions expressed via the Services. You understandthat by using the Services, you may be exposed to Content that might beoffensive, harmful, inaccurate or otherwise inappropriate, or in some cases,postings that have been mislabelled or are otherwise deceptive. Under nocircumstances will Newton Day Ltd be liable in any way for any Content,including, but not limited to, any errors or omissions in any Content, or anyloss or damage of any kind incurred as a result of the use of any Contentposted, emailed, transmitted or otherwise made available via the Services orbroadcast elsewhere. Your Rights Youretain all rights to any Content you submit, post or display on or through theServices. By submitting, posting or displaying Content on or through theServices, you grant us a worldwide, non-exclusive, royalty-free license (withthe right to sublicense) to use, copy, reproduce, process, adapt, modify,publish, transmit, display and distribute such Content in any and all media ordistribution methods (now known or later developed). You agreethat this license includes the right for Newton Day Ltd to make such Contentavailable to other companies, organizations or individuals who partner with NewtonDay Ltd for the syndication, broadcast, distribution or publication of suchContent on other media and services, subject to our terms and conditions forsuch Content use. Suchadditional uses by Newton Day Ltd, or other companies, organizations orindividuals who partner with Newton Day Ltd, may be made with no compensationpaid to you with respect to the Content that you submit, post, transmit orotherwise make available through the Services. Newton Day Ltd Rights Allright, title, and interest in and to the Services (excluding Content providedby users) are and will remain the exclusive property of Newton Day Ltd and itslicensors. The Services are protected by copyright, trademark, and other lawsof both the United Kingdom and foreign countries. Nothing in the Terms givesyou a right to use the Newton Day Ltd name or any of the Newton Day Ltd trademarks,logos, domain names, and other distinctive brand features. Any feedback,comments, or suggestions you may provide regarding Newton Day Ltd, or theServices is entirely voluntary, and we will be free to use such feedback,comments or suggestions as we see fit and without any obligation to you. Restrictions on Content and Use of the Services Wereserve the right at all times (but not will not have an obligation) to removeor refuse to distribute any Content on the Services and to terminate users orreclaim usernames. We also reserve the right to access, read, preserve, anddisclose any information as we reasonably believe is necessary to (i) satisfyany applicable law, regulation, legal process or governmental request, (ii)enforce the Terms, including investigation of potential violations hereof,(iii) detect, prevent, or otherwise address fraud, security or technicalissues, (iv) respond to user support requests, or (v) protect the rights,property or safety of Newton Day Ltd, its users and the public. NewtonDay Ltd does not disclose personally identifying information to third partiesexcept in accordance with our Privacy Policy. You maynot do any of the following while accessing or using the Services: (i) access,tamper with, or use non-public areas of the Services, Newton Day Ltd’s computersystems, or the technical delivery systems of Newton Day Ltd’s providers; (ii)probe, scan, or test the vulnerability of any system or network or breach orcircumvent any security or authentication measures; (iii) access or search orattempt to access or search the Services by any means (automated or otherwise)other than through our currently available, published interfaces that areprovided by Newton Day Ltd (and only pursuant to those terms and conditions),unless you have been specifically allowed to do so in a separate agreement withNewton Day Ltd (NOTE: crawling the Services is permissible if done inaccordance with the provisions of the robots.txt file, however, scraping theServices without the prior consent of Newton Day Ltd is expressly prohibited);(iv) forge any TCP/IP packet header or any part of the header information inany email or posting, or in any way use the Services to send altered, deceptiveor false source-identifying information; or (v) interfere with, or disrupt, (orattempt to do so), the access of any user, host or network, including, withoutlimitation, sending a virus, overloading, flooding, spamming, mail-bombing theServices, or by scripting the creation of Content in such a manner as tointerfere with or create an undue burden on the Services. Copyright Policy NewtonDay Ltd respects the intellectual property rights of others and expects usersof the Services to do the same. We will respond to notices of alleged copyrightinfringement that comply with applicable law and are properly provided to us.If you believe that your Content has been copied in a way that constitutescopyright infringement, please provide us with the following information: (i) aphysical or electronic signature of the copyright owner or a person authorizedto act on their behalf; (ii) identification of the copyrighted work claimed tohave been infringed; (iii) identification of the material that is claimed to beinfringing or to be the subject of infringing activity and that is to beremoved or access to which is to be disabled, and information reasonablysufficient to permit us to locate the material; (iv) your contact information,including your ad-dress, telephone number, and an email address; (v) astatement by you that you have a good faith belief that use of the material inthe manner complained of is not authorized by the copyright owner, its agent,or the law; and (vi) a statement that the information in the notification isaccurate, and, under penalty of perjury, that you are authorized to act onbehalf of the copyright owner. Wereserve the right to remove Content alleged to be infringing without priornotice and at our sole discretion. In appropriate circumstances, Newton Day Ltdwill also terminate a user’s account if the user is determined to be a repeatinfringer. The Services are Available “AS-IS” Youraccess to and use of the Services or any Content is at your own risk. Youunderstand and agree that the Services is provided to you on an “AS IS” and “ASAVAILABLE” basis. Without limiting the foregoing, NEWTON DAY LTD AND ITSPARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty anddisclaim all responsibility and liability for the completeness, accuracy,availability, timeliness, security or reliability of the Services or anycontent thereon. Newton Day Ltd will not be responsible or liable for any harmto your computer system, loss of data, or other harm that results from youraccess to or use of the Services, or any Content. You also agree that NewtonDay Ltd has no responsibility or liability for the deletion of, or the failureto store or to transmit, any Content and other communications maintained by theServices. We make no warranty that the Services will meet your requirements orbe available on an uninterrupted, secure, or error-free basis. No advice orinformation, whether oral or written, obtained from Newton Day Ltd or throughthe Services, will create any warranty not expressly made herein. Links TheServices may contain links to third-party websites or resources. Youacknowledge and agree that we are not responsible or liable for: (i) theavailability or accuracy of such websites or resources; or (ii) the content,products, or services on or available from such websites or resources. Links tosuch websites or resources do not imply any endorsement by Newton Day Ltd ofsuch websites or resources or the content, products, or services available fromsuch websites or resources. You acknowledge sole responsibility for and assumeall risk arising from your use of any such websites or resources. Limitation of Liability TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWTON DAY LTD AND ITSSUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORSWILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIALOR PUNI-TIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE,GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USEOF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OFANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENTOBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OFYOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NEWTON DAY LTDHAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SETFORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Exclusions Somejurisdictions do not allow the exclusion of certain warranties or the exclusionor limitation of liability for consequential or incidental damages, so thelimitations above may not apply to you. Waiver and Severability Thefailure of Newton Day Ltd to enforce any right or provision of these Terms willnot be deemed a waiver of such right or provision. In the event that anyprovision of these Terms is held to be invalid or unenforceable, the remainingprovisions of these Terms will remain in full force and effect. Controlling Law and Jurisdiction TheseTerms and any action related thereto will be governed by the laws of the UnitedKingdom without regard to or application of its conflict of law provisions oryour state or country of residence. All claims, legal proceedings or litigationarising in connection with the Services will be brought solely in the United Kingdomand you consent to the jurisdiction of and venue in such courts and waive anyobjection as to inconvenient forum. Entire Agreement TheseTerms, the Newton Day Ltd Rules and our Privacy Policy are the entire andexclusive agreement between Newton Day Ltd and you regarding the Services(excluding any services for which you have a separate agreement with Newton DayLtd that is explicitly in addition or in place of these Terms), and these Termssupersede and replace any prior agreements between Newton Day Ltd and youregarding the Services. We mayrevise these Terms from time to time, the most current version will always be publishedon our website.  If the revision, in oursole discretion, is material we will notify you via an @newtonday.uk update ore-mail to the email associated with your account. By continuing to access oruse the Services after those revisions become effective, you agree to be boundby the revised Terms. TheseServices are operated and provided by Newton Day Ltd. If you have any questionsabout these Terms, please contact us.

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