Effective Date: February 4, 2024
Please note that our Cardinal Media Offerings (as defined below) are under constant development. New services are added frequently and these Terms and Conditions of Service may therefore be modified and updated on an ongoing basis. It is important to check back to this page regularly.
Cardinal Media, Inc. and its affiliates (“Cardinal Media”) owns and operates CardinalNewsTV.com (including the subdomains available thereunder, e.g., http://www.CardinalNewsTV.com/Health, http://www.CardinalNewsTV.com/Finance, http://www.CardinalNewsTV.com/World, http://CardinalNewsTV.com/Shop), and any affiliated sites (collectively, the “Sites”) as well as makes the same or similar content available via e-mail (“E-mail Content”) via websites, via television devices and SMART TV devices and apps, and to mobile devices (“Mobile Content”) via App, SMS, Push notification, websites and emails. (Typically, app purchases are also subject to the terms and conditions of the entity that operates the app store, which are accessible on that entity’s website.) The Sites, E-mail Content, Mobile Content, apps (free and subscription based), the Feeds (as defined below), subscription products and services (online and digital) offered by cardinal Media (“Services”), all television content delivered by video, app, streaming, broadcast, cable, satellite, digital and any other means television is delivered, and all related content and products thereto, are collectively referred to herein as “Cardinal Media Offerings.” These Terms and Conditions of Service (“Terms and Conditions”) contain the terms, covenants, conditions, and provisions upon which you (also sometimes referred to herein as “user”) may access and use the Cardinal Media Offerings, including (without limitation) the information displayed on the Sites. These Terms and Conditions are current as of the date above and, together with any Special Terms and Other Agreements (defined in Paragraph 22 below) and our Privacy Policy, comprise your agreement with us.
By using any part of the Cardinal Media Offerings, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. As a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with Cardinal Media. Paragraph 15 of these Terms and Conditions includes a provision binding you to arbitration of any dispute you may have with respect to your use of the Cardinal Media Offerings, pursuant to which you relinquish your right to bring an action in court and to a jury trial, although Cardinal Media retains the option to arbitrate or to bring an action in court. Specific reference is made to that provision, to which you agree by using any part of the Cardinal Media Offerings.
You also hereby acknowledge that you have read and understand the Privacy Policy and consent to the use of your Personal Data defined herein by Cardinal Media as information that identifies you or can be used to identify or contact you, and in greater detail in the Privacy Policy. If you do not wish to be bound by the provisions of these Terms and Conditions, please do not use any of the Cardinal Media Offerings.
FULL DISCLAIMER (Health-related content and affiliated medical sites): ALL INFORMATION PRESENTED IN THE Cardinal Media OFFERINGS AND VIA E-MAIL AND ANY PUBLICATION OR VIDEO PRESENTATION IS GENERIC, NONSPECIFIC AND FOR GENERAL INFORMATIONAL PURPOSES ONLY. ANY MEDICALLY-RELATED INFORMATION, INCLUDING (WITHOUT LIMITATION) RESPONSES TO INDIVIDUAL AND OTHER READER QUESTIONS, IS NOT PROVIDED BY A PERSONAL HEALTH PROFESSIONAL, DOES NOT CONSTITUTE SPECIFIC MEDICAL ADVICE FOR ANY INDIVIDUAL AND IS FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED IN THE NEWSMAX OFFERINGS SHOULD BE CONSTRUED AS MEDICAL CONSULTATION, DIAGNOSES OR INSTRUCTION. ANY ACTION YOU TAKE ON THE BASIS OF THIS INFORMATION IS SOLELY AT YOUR OWN RISK AND EXPENSE. READERS ARE ADVISED TO CONSULT A HEALTH PROFESSIONAL ABOUT ANY ISSUE REGARDING THEIR HEALTH AND WELL-BEING. The opinions expressed in the Cardinal Media Offerings do not necessarily reflect those of Cardinal Media, Inc. or any of its subsidiaries.
FULL DISCLAIMER (Financial-related content and affiliated sites): ALL INFORMATION PRESENTED IN THE Cardinal Media OFFERINGS AND VIA E-MAIL AND ANY PUBLICATION OR VIDEO PRESENTATION DISCUSSED THEREIN ARE INTENDED SOLELY FOR INFORMATIONAL PURPOSES AND ARE NOT TO BE CONSTRUED, UNDER ANY CIRCUMSTANCES, BY IMPLICATION OR OTHERWISE, AS AN OFFER TO SELL OR A SOLICITATION TO BUY OR SELL OR TRADE IN ANY COMMODITIES, SECURITIES, OR CURRENCIES HEREIN NAMED. INFORMATION IS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT IS IN NO WAY GUARANTEED. NO GUARANTEE OF ANY KIND IS IMPLIED OR POSSIBLE WHERE PROJECTIONS OF FUTURE CONDITIONS ARE ATTEMPTED. IN NO EVENT SHOULD THE CONTENT BE CONSTRUED AS AN EXPRESS OR IMPLIED PROMISE, GUARANTEE OR IMPLICATION BY OR FROM THE SERVICES, Cardinal Media OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER AGENTS THAT YOU WILL PROFIT OR THAT LOSSES CAN OR WILL BE LIMITED IN ANY MANNER WHATSOEVER. SOME RECOMMENDED TRADES MAY INVOLVE SECURITIES HELD BY OUR OFFICERS, AFFILIATES, EDITORS, WRITERS OR EMPLOYEES, AND INVESTMENT DECISIONS MAY BE INCONSISTENT WITH OR EVEN CONTRADICTORY TO THE DISCUSSION OR RECOMMENDATION IN THE SERVICE. PAST RESULTS ARE NO INDICATION OF FUTURE PERFORMANCE. ALL INVESTMENTS ARE SUBJECT TO RISK, WHICH SHOULD BE CONSIDERED PRIOR TO MAKING ANY INVESTMENT DECISIONS. CONSULT YOUR PERSONAL AND PROFESSIONAL INVESTMENT ADVISERS BEFORE MAKING AN INVESTMENT DECISION. THE Cardinal Media OFFERINGS PROVIDE GENERALIZED FINANCIAL INFORMATION DESIGNED TO EDUCATE A BROAD SEGMENT OF THE PUBLIC; IT DOES NOT GIVE PERSONALIZED INVESTMENT, TAX, LEGAL OR OTHER BUSINESS AND PROFESSIONAL ADVICE. FOR PRIVACY PROTECTION, ABBREVIATED OR FICTITIOUS NAMES WERE USED FOR SOME OF THE INDIVIDUALS MENTIONED IN THE Cardinal Media OFFERINGS AND ANY REPORT OR PUBLICATION. The opinions expressed in the Cardinal Media Offerings do not necessarily reflect those of Cardinal Media, Inc. The linking to Cardinal Media content by third parties is not allowed without express written consent of Cardinal Media, Inc. via email or hard copy.
Terms and Conditions
1. Grant of License. These Terms and Conditions provide you with a personal, revocable, non-exclusive, non-transferable license to use the Cardinal Media Offerings conditioned on your continued compliance with these Terms and Conditions.
In the event that you fail to comply with these Terms and Conditions, Cardinal Media shall be entitled to terminate this license granted to you with immediate effect and without notice, including removing your ability to access or use the Cardinal Media Offerings or Other Agreement you may have. Cardinal Media reserves the right, at any time and in its sole discretion, (a) to block traffic or other access to the Cardinal Media Offerings, whether or not directly or through third party links or postings and (b) to block or remove your use of a link to the Cardinal Media Offerings.
Except as set forth herein, nothing in these Terms and Conditions is intended to confer any benefit on any third party (whether such benefit would have arisen under any applicable law or regulation or otherwise) and no term will be enforceable by any third party.
2. Intellectual Property Rights; Right to Use; Modification of Cardinal Media Offerings.
(a) The Cardinal Media Offerings, including their layout and design, are protected by United States trademark and copyright law and other applicable law and are the exclusive property of Cardinal Media or its licensors (except as otherwise identified) and, except as expressly provided herein, Cardinal Media does not grant any express or implied right in any such materials to you. In particular and without limitation, Cardinal Media owns the copyright in the Cardinal Media Offerings as a collective work and/or compilation. Cardinal Media also owns the copyright on, or holds a license for, any and all databases accessible on the Cardinal Media Offerings and in the selection, coordination, arrangement, aggregation and enhancement of the content of the Cardinal Media Offerings. Cardinal Media is entitled to use all such databases and User Materials (as defined in Paragraph 11, below) for such purposes not inconsistent with these Terms and Conditions or any other of our agreements with you. You may, on an occasional and irregular basis, print and download materials and information from the Newsmax Offerings solely for personal and non-commercial use, or, only to the extent permitted by an Other Agreement, for internal business use, provided that you comply with these Terms and Conditions with respect to any copyright or other proprietary notices contained in such materials and information. All copyrights and trademarks not the property of Cardinal Media that are used or referred to in the Cardinal Media Offerings are the property of their respective owners, and may be subject to other or additional restrictions.
(b) If you believe that any of the Cardinal Media Offerings is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described on Cardinal Media’s Contact Information page.
(c) The Cardinal Media logo, and all other names, logos, and icons identifying Cardinal Media and/or Cardinal Media products and services are proprietary marks of Cardinal Media or its licensors. Third party product and company names mentioned herein are the trademarks of their respective owners.
(d) The components, data, and features of the Cardinal Media Offerings may be added to, modified, suspended, or discontinued by Cardinal Media without notice, and you agree that Cardinal Media shall not be liable to you or to any third party for any addition, modification, suspension, or discontinuance of the Cardinal Media Offerings or any part thereof.
3. Restrictions on Use of the Cardinal Media Offerings. YOU AGREE TO USE THE Cardinal Media OFFERINGS SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH IN THE Cardinal Media OFFERINGS. You may not and you hereby warrant and agree that you will not make any attempt to or, actually, use the Cardinal Media Offerings for any illegal purpose or in any manner inconsistent with these Terms and Conditions, any Purchase/Subscription Agreement or Other Agreement, or our RSS Policy (for the limited use of headlines and summaries), including (without limitation):
(a) To sell, resell or otherwise transfer or dispose to, or to be used by or for the benefit of, any other person or entity;
(b) To use, transfer, distribute, or dispose of any information contained in the Cardinal Media Offerings in any manner that could compete with the business of Cardinal Media or any of its sponsors;
(c) To modify, create derivatives of, copy, reproduce, recompile, reverse compile, decompile, disassemble, reverse engineer, distribute, broadcast, publish, display, broadcast, modify, upload to, create derivative works or construct a database from, license, transfer, sell, transmit, mirror, frame, “deep link”, “scrape”, data mine, translate, or in any way use or exploit all or any part of the Cardinal Media Offerings (including, without limitation, to collect any information about other users of Cardinal Media Offerings, including registration information, passwords, accounts or other information; systematically to extract data contained in the Cardinal Media Offerings; or to post any content from the Cardinal Media Offerings to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites), except that you may, on an occasional and irregular basis, print and download material from the Cardinal Media Offerings, provided that you retain all copyright and other proprietary notices and comply in all respects with these Terms and Conditions or our RSS Policy;
(d) To use the Cardinal Media Offerings or the information contained therein, including Cardinal Media’s trademarks, trade names, service marks, copyrights, or logos, to make or as part of unsolicited mailings or spam material. YOU MAY NOT USE ANY OF Cardinal Media’s OR ANY THIRD PARTY’S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH Cardinal Media’s CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS;
(e) To upload, post or send any information or content that (i) is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable, (ii) constitutes or is comprised of any commercial, promotional, or solicitation information or (iii) as more fully described in Paragraph 11, infringes on the rights of others, including (without limitation) intellectual property rights, rights of publicity or privacy, etc.;
(f) To harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
(g) To disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
(h) To purchase, sell, or offer to purchase or sell any equity or security or market instrument, including digital cryptocurrencies, any equity or market security instrument; provide information designed to manipulate any equity or security market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
(i) To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(j) To express or imply that any statements you make are endorsed by us;
(k) To remove any copyright, trademark or other proprietary rights notices contained in the Cardinal Media Offerings;
(l) To disrupt, impair or interfere with the Cardinal Media Offerings; and
(m) To improve the quality of any data sold or contributed by you to any third party.
Cardinal Media reserves the right to deny access to users of the Cardinal Media Offerings at any time and in its sole discretion, including users who infringe the rights of other users or commit illegal acts or violate these Terms and Conditions. We may investigate into, deny, restrict or suspend your access to all or any part of the Cardinal Media Offerings at any time, without warning for any or no reason (including, without limitation, if you do any of the foregoing things), with or without prior notice or explanation, and without liability – and even take legal action if needed. If you believe that someone is using any of the Cardinal Media Offerings in violation of the above restrictions, please follow the steps described on Cardinal Media’s Contact Information page.
4. Privacy Policy. For information on our privacy practices, please see our Privacy Policy, which is hereby incorporated into these Terms and Conditions.
5. RSS Policy. Cardinal Media offers free headlines for personal, non-commercial use via Really Simple Syndication (RSS 2.0) (“RSS”) and via code provided to third party sites that request to join the Cardinal Media Feed Network (collectively with RSS, the “Feeds”). The Feeds make for easy sharing of news headlines and summaries for use in your favorite personal home page, news readers and Web logs (blogs). These Feeds include links to the most recent articles found on CardinalNewsTV.com and affiliated websites, and they update automatically.
(a) To use our news feeds, you will need a RSS news reader or personalized home page such as AOL, Google, MSN, or Yahoo!.
(b) When using the Feeds in accordance with these Terms and Conditions, we ask that you provide attribution to CardinalNewsTV.com or the relevant affiliated website.
(c) Any uses of the Feeds not granted herein are strictly prohibited. Prohibited uses include, but are not limited to, the incorporation of advertising or the placement of advertising associated with or targeted at the content of the Feeds. You may not edit or modify the Feeds in any manner whatsoever. Feeds may be used only with platforms with a functional link which takes the viewer directly to the full article on the Sites. You may not insert any intermediate page, splash page or any other content between the Feed link and the applicable article on the Sites. Cardinal Media retains all ownership and other rights in the Feed content and in any and all Cardinal Media logos and trademarks used in connection with the Feeds.
Cardinal Media reserves the right to cease offering any or all of the Feeds at any time or to require you to cease distributing any or all of the Feeds at any time for any reason. Cardinal Media assumes no liability for your activities in connection with the Feeds or for your use of the Feeds in connection with your website.
6. Mobile Text Summary Terms & Conditions. Our mobile text messages are intended for recipients over the age of 13 and are delivered via short code. Message & Data Rates May Apply.
You consent to receive text via short code by Cardinal Media with news, offers, and other information on a recurring basis. The wireless carriers are not liable for delayed or undelivered messages
All subscribers have the ability to unsubscribe or change their personal subscription settings at any time.
Contact information for texting groups will not be shared to third parties.
Cardinal Media can also collect your mobile number when you text a keyword to the Newsmax short code. Certain SMS text features enable the collection of name, email address, or other customized information by asking you to reply via SMS texts with specific information. NOTE: Message and data rates may apply.
Terms on this page apply to subscribers who sign up for distribution lists managed by Cardinal Media’s text service. By signing up, you agree that you have read our Terms and Conditions and Privacy Policy.
7. Telephone Calls. Our telephone calls are intended for recipients over the age of 18. By providing your telephone number in response to an e-mail, television promotion, product or subscription offering, or in any other communication you initiate with the company, you consent to receive telephone calls from Cardinal Media with offers and other information. All subscribers have the ability to unsubscribe or change their personal subscription settings at any time. Contact information for telephone groups will not be shared to third parties. You may also call Cardinal Media customer service to unsubscribe at any time. By signing up, you agree that you have read our Terms and Conditions and Privacy Policy.
8. Assumption of Risk. You use the Internet and the Cardinal Media Offerings solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Cardinal Media has endeavored to create secure and reliable websites, please be advised that the confidentiality of any communication or material transmitted to/from a website over the Internet cannot be guaranteed. Accordingly, Cardinal Media and its licensors and sponsors are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained in the Cardinal Media Offerings, or for the consequences of any reliance on such information.
9. Links to Other Websites. Cardinal Media may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Cardinal Media and are maintained by third parties over which Cardinal Media exercises no control. Accordingly, Cardinal Media expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third party websites, or whether those websites comply with applicable laws and regulations. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party. By accessing those websites, you may be bound by their terms and conditions. You will need to make your own independent judgment regarding your interaction with these third party websites and may wish to review their terms and conditions.
10. Events Beyond Cardinal Media’s Control. You expressly absolve and release Cardinal Media and its licensors and sponsors from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, power outages or third party service providers, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions. Cardinal Media and its licensors and sponsors shall have no liability for interruptions or omissions in Internet, network or hosting services. YOU ACKNOWLEDGE THAT NEITHER Cardinal Media NOR ITS THIRD PARTY PROVIDERS CONTROL YOUR EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES PROVIDED HEREUNDER MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES, INCLUDING SEARCH ENGINES. Cardinal Media IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
11. DISCLAIMERS. Cardinal Media obtains all information furnished on or provided by the Cardinal Media Offerings from sources believed by it to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, the Cardinal Media Offerings and all related materials, services and information are provided on an “as is” and “as available” basis without representation or warranty of any kind. Cardinal Media AND ITS LICENSORS AND SPONSORS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE Cardinal Media OFFERINGS OR ANY RELATED MATERIALS, SERVICES OR INFORMATION. Cardinal Media makes no representation that materials in the Cardinal Media Offerings are appropriate or available for use in any particular location, and access to them from territories where any of the contents of a website are illegal is prohibited. If you choose to access any of the Cardinal Media Offerings from any such location, you do so on your own volition and are responsible for compliance with any applicable local laws. You agree and acknowledge that no oral or written information or advice given by Cardinal Media or any of its employees or agents in respect to the Cardinal Media Offerings shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms and Conditions by a written agreement. FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR PROVIDED BY THE Cardinal Media OFFERINGS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE Cardinal Media OFFERINGS ARE UNAVAILABLE. MOREOVER, Cardinal Media MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE Cardinal Media OFFERINGS, OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE Cardinal Media OFFERINGS AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE IN THE Cardinal Media OFFERINGS.
UNDER NO CIRCUMSTANCES WILL Cardinal Media OR ITS LICENSORS OR SPONSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF Cardinal Media OR ITS LICENSORS OR SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, Cardinal Media AND ITS LICENSORS AND SPONSORS DISCLAIM LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGES BASED ON YOUR USE OF THE Cardinal Media OFFERINGS. Cardinal Media is not liable for any damage arising from any infection by computer viruses, Trojan Horses and other malicious code which may result from your use of the Cardinal Media Offerings, so you should ensure that you use adequate, up to date, anti-virus software. Cardinal Media also assumes no responsibility or liability arising from the Cardinal Media Offerings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Cardinal Media Offerings. In addition, although we make a good faith effort to update the Cardinal Media Offerings periodically, we do not have a duty to update information contained in the Cardinal Medi Offerings, and we will not be liable for any failure to update such information.
12. Indemnity. You agree to indemnify, defend and hold harmless Cardinal Media, its licensors and sponsors, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the Cardinal Media Offerings or any breach by you of these Terms and Conditions.
13. User Materials. The following terms shall apply to content submitted by users on Cardinal Media Offerings:
(a) The Cardinal Media Offerings may contain comment sections, discussion forums, or other interactive features in which you may submit, post or upload user-generated content, including but not limited to comments, video, photos, messages, ideas, suggestions, information, know-how, articles, blogs, and other materials or items (collectively, “User Materials”). By submitting User Materials to Cardinal Media or on Cardinal Media Offerings, you represent that you are eighteen years of age or older and that you will fulfill the obligations set forth in these Terms and Conditions, which forms a binding contract between you and Cardinal Media.
(b) By submitting User Materials to Cardinal Media or on Cardinal Media Offerings, you automatically grant Cardinal Media a worldwide, fully paid-up, royalty-free, irrevocable, nonexclusive right and license, including right of sublicense, for a period of five (5) years, renewable at the discretion of Cardinal Media, to adopt, publish, reproduce, modify, adapt, edit, translate, disseminate, transmit, distribute, perform, reformat, copy, use, create updates, analyses or other derivative works of, publicly display or broadcast, incorporate into other works and otherwise exploit such User Materials (in whole or in part) and all ideas, suggestions or know-how provided therein, for any purpose, without consideration to you or to any third parties, in any form, media, or technology now known or later developed. You represent and warrant to Cardinal Media that you have the full legal right, power and authority to grant to Cardinal Media the license provided for herein. You further grant Cardinal Media the right, but not the obligation, to pursue at law any person or entity that violates your or Cardinal Media’s rights in the User Materials by a breach of these Terms and Conditions.
(c) If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Materials, you agree and warrant that (i) you do not require that any personally identifying information be used in connection with the User Materials, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the User Materials by Cardinal Media or its licensees, successors and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Materials; and (iv) you forever release Cardinal Media, and its licensees, successors and assigns, from any claims that you could otherwise assert against Cardinal Media by virtue of any such moral rights.
(d) By submitting User Materials, you represent and warrant that: You will not upload, post or otherwise transmit any User Materials that: (i) violates these Terms and Conditions, including, without limitation, the restrictions set forth in Paragraph 3; (ii) violates or infringes in any way upon the rights of others; (iii) you know to be false, misleading or inaccurate; (iv) contains anything unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (v) contains any commercial, promotional, or solicitation information, or disparages any product or service; or (vi) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right.
* You will not interfere with any other user’s right to privacy, including by harvesting or collecting personally identifiable information or posting private information about a third party.
* You are solely responsible for all User Materials you send or post on any of the Cardinal Media Offerings, and you assume all risks associated with its use, including any reliance on its accuracy, completeness or usefulness by others, and any disclosure by you of information contained therein that makes you personally identifiable.
e) All User Materials you send or post will be accessible by Cardinal Media, you, and any other users who are entitled to similar privileges. Cardinal Media does not take any responsibility or assume any liability for (i) the content of User Materials, (ii) the accuracy or credibility of any User Materials, (iii) any actions you may take as a result of reading or otherwise using User Materials, or (iv) any failure to store or display User Materials at any time. By accessing or using the Cardinal Media Offerings, you may be exposed to User Materials sent or posted by others that you may perceive as offensive or otherwise objectionable.
(f) Cardinal Media shall have the right, but not the obligation, to monitor User Materials to determine compliance with these Terms of Service and to satisfy any law, regulation or authorized government request. Although Cardinal Media has no obligation to monitor, screen, edit or remove any of the User Materials submitted to Cardinal Media or posted or uploaded to the Cardinal Media Offerings, Cardinal Media reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any such User Materials at any time and for any reason. In addition, Cardinal Media may share personally identifiable information in response to a law enforcement agency’s request, or as otherwise required or permitted by law.
(g) User Materials submitted by you will be considered non-confidential and Cardinal Media is under no obligation to treat such User Materials as proprietary information except pursuant to the Cardinal Media Privacy Policy. Without limiting the foregoing, Cardinal Media reserves the right to use, display or publish any User Materials as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. If Cardinal Media rejects or refuses to post your User Materials, you may not release, submit or otherwise distribute such User Materials elsewhere if it contains any references to Cardinal Media or implies an association with Cardinal Media.
(h) You acknowledge and agree that neither you, nor anyone else who may appear in your submission, will receive any compensation for any use (including for online or offline promotional purposes) by Cardinal Media of, or ideas, suggestions or know-how you provide in, your User Materials.
(i) If you believe that any User Material is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described on Cardinal Media Contact Information page.
14. Exchanges and Refund Policies. For any product, book or consumer goods purchased without a subscription, Cardinal Media offers a 30-day money back guarantee from the date you received the order, unless otherwise noted on the product page, minus shipping/handling or processing fees. Customer is responsible for cost of return shipping to Cardinal Media. Refund will be processed as soon returned product(s) are received. Merchandise cannot be returned if personalized, used, washed, worn or if listed by Newsmax as clearance or final sale. All refunds are for cost of the product only and do not include shipping/handling charges or processing fees.
To request a refund on your order, please contact Customer Service at:
Email: [email protected]
Cardinal Media does not offer exchanges.
For all subscriptions:
You agree to pay the subscription fees and any other charges incurred for a Service (including any applicable taxes) at the rate then in effect when the charges were incurred. Cardinal Media may change the fees and charges then in effect, or add new fees or charges, by giving you advance notice. You are responsible for any fee or charges incurred to access a Service through an Internet access provider or other third-party service. Each subscription fee falls into one of the following categories:
(a) Paid without a premium product: A paid subscription is when a person pays in full at the time of registration for a certain term. Cardinal Media will refund in full during the first 60 days of the subscription, and thereafter will refund the full unused portion of the subscription, unless otherwise noted on the subscription offer.
(b) Paid with a premium prodcut(s): Cardinal Media may offer a premium item (e.g., a free book, excluding applicable tax, shipping and handling charges) with a paid subscription when a person pays in full at the time of registration for a certain term. Cardinal Media will refund in full for the subscription during the first 60 days after the subscription charge was incurred, and thereafter will refund the full unused portion of the subscription, unless otherwise noted on the subscription offer. If your subscription includes a premium product, Cardinal Media reserves the right to substitute a similar product of equal or greater value. Newsmax will not refund the value of the premium, bonus item or free issues. Shipping/handling and processing fees are not refundable.
(c) Trial with a Premium Product(s): Cardinal Media may offer a premium item (e.g., a free book, excluding applicable tax, shipping and handling charges) with a trial or introductory subscription to a Service. If your subscription order includes a premium product, Cardinal Media reserves the right to substitute a similar product of equal or greater value. If trial or introductory subscription converts to a paid subscription, you have the option to cancel for a full refund during the first 60 days after the subscription charges were incurred.
Thereafter, Cardinal Media will refund the full unused portion of the subscription, unless otherwise noted on the subscription offer. Cardinal Media will not refund the value of the premium, bonus items or free issues. Shipping/handling and processing fees are not refundable.
15. Renewal; Cancellation. Your subscription will renew automatically by credit card, debit card or automatic check processing unless it is canceled in accordance with Cardinal Media’s policies. You will receive a renewal notice before your subscription is renewed. Prior to each subsequent renewal term thereafter, you will receive a notification that your subscription is renewing. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term. Cardinal Media may cancel your subscription or alter its delivery method at any time by notifying you. The procedures for cancellation and/or refund policies, if any, will be specified in the notification referenced above.
16. Governing Law; Jurisdiction; Venue. Except as provided in Paragraph 15, these Terms and Conditions, including (without limitation) any disputes relating to the Cardinal Media Offerings, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of Indiana, without reference to its conflict of law principles. Any litigation arising out of or connected in any way with any claim of infringement of copyrights or other intellectual property rights regarding the Cardinal Media Offerings shall take place in a State or Federal court of competent jurisdiction in Marion County, Indiana. You hereby consent to personal jurisdiction and venue in the State and Federal courts located in the State of Indiana, Marion County, with respect to any actions, claims, disputes or proceedings arising out of or in connection with the foregoing.
17. Dispute Resolution. Except as provided in Paragraph 14 or as specifically provided otherwise in any Other Agreement, any dispute, controversy or claim you may have arising out of or relating to these Terms and Conditions, including any disputes relating to the Cardinal Media Offerings, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Indianapolis, Indiana. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in the State of Indiana for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Cardinal Media may seek relief from a court of law in the event of a breach by you of these Terms and Conditions.
18. Enforcing Security on the Sites. Actual or attempted unauthorized use of the Sites may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Cardinal Media reserves the right to take steps Cardinal Media believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions such as view, monitor, and record activity on the Sites without notice or permission from User, including, without limitation, by archiving notices or communications sent by User through the Sites. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Sites as well as to disclosures required by or under applicable law or related government agency actions. Cardinal Media will also comply with all court orders or subpoenas involving requests for such information.
19. Injunctive Relief. User acknowledges that any breach, threatened or actual, of these Terms and Conditions, including, without limitation, with respect to unauthorized use of Cardinal Media proprietary assets, will cause irreparable injury to Cardinal Media, such injury would not be quantifiable in monetary damages, and Cardinal Media would not have an adequate remedy at law. User therefore agrees that Cardinal Media shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of User’s obligations under any provision of these Terms and Conditions. Accordingly, User hereby waives any requirement that Newsmax post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Newsmax to enforce any provision of these Terms and Conditions.
20. Term, Termination, Amendments. These Terms and Conditions will take effect when you first commence using any of the Cardinal Media Offerings, whether or not you enter into any Other Agreement. Cardinal Media reserves the right at any time and for any reason to deny you access to the Cardinal Media Offerings or any portion thereof. Termination will be effective without notice. Please note that Cardinal Media reserves the right to change these Terms and Conditions without notice. If a change is implemented by a posting on the Newsmax Offerings, it shall be deemed to take effect when posted. Your continued use of the Cardinal Media Offerings following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
21. Waiver. Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Cardinal Media of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
22. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Cardinal Media as a result of these Terms and Conditions or your utilization of the Cardinal Media Offerings.
23. Severability. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.
24. Entire Agreement/Reservation of Rights. Your rights to use certain material available on or through the Cardinal Media Offerings may be subject to separate digital or written agreements with Cardinal Media (“Other Agreements”). Particular pages or features of the Cardinal Media Offerings with content supplied by Cardinal Media or its licensors may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms.
If there is a conflict between these Terms and Conditions and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms and Conditions and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. Along with any Special Terms and Other Agreements, these Terms and Conditions, and Cardinal Media Privacy Policy and RSS Policy represent the entire agreement between you and Cardinal Media with respect to your use of and material available on or through the Cardinal Media Offerings, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Cardinal Media with respect to the Cardinal Media Offerings. Any rights not expressly granted herein are reserved.
25. Contact Information. If you would like to contact Newsmax, you can reach us at:
(a) [email protected]. If you choose to contact Newsmax via e-mail regarding these Terms and Conditions, or Other Agreement, please mark the subject heading of your e-mail “Terms Inquiry,” or “Purchaser/Subscriber Inquiry,” respectively;
(b) [email protected]. If you would like to contact a Newsmax customer service agent;
(c) [email protected], if you would like to contact Newsmax’s copyright agent.