Last Updated: Nov’12 2024
Welcome to Consumers (“we,” “us,” or “our”). Our website, mobile application (“App”), and the related services allow you to discover, read, and share news articles from various publishers in one convenient location. By accessing the Site or using our services, you agree to these Terms of Use, our Privacy Policy, and any other policies we may post on our website. For the purposes of these Terms of Use, “Site” means, collectively, the website, App, and the related services.
These Terms of Use state the Terms of Service governing your use of and access to the Site and constitute a legally binding contract between you and Consumer Inc (“Consumer Inc,” “we,” or “us”). These Terms incorporate any additional Terms of Service posted by Consumer Inc through the Site, or otherwise made available to you by Consumer Inc.
The Privacy Policy (“Policy”) describes how we may use and disclose information that we may collect about all users and viewers through the Site.
PLEASE REVIEW THESE TERMS AND POLICY CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS AND POLICY. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS AND POLICY, THEN YOU MUST NOT USE OR ACCESS THE SITE.
You represent that you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction to enter into this Agreement and use the Services. By using the Services, you agree to be bound by these Terms of Use, our Privacy Policy, and any other policies we may post on our website. You further agree to comply with all applicable laws, regulations, and guidelines when using the Services..
You may have the ability to share your own content on the Site, such as articles, photos, comments, and other material. You retain ownership of the content you create and post on the Site. By posting such content, you grant us permission to utilize your content as we reasonably deem necessary to enhance and maintain our service, both presently and in the future. This may involve storing, displaying, reproducing, and distributing your content on our website, mobile application, social web integrations, and any forthcoming offerings. It may also entail providing or promoting your content through partner companies or services for wider dissemination, redistribution, or publication via the Site . You are responsible for the content you share on the Site and assume all associated risks, including any reliance placed on its accuracy by others or potential legal claims arising from its publication. By posting content on the Site , you affirm that you possess the requisite rights to publish that material, that its publication does not conflict with any licenses you may have granted to others, and that to the best of your knowledge, the content you share is not intentionally deceptive. We do not pre-screen user content, but reserve the right to review, remove, or disable access to any content on the Site for any reason.
You agree not to exploit the Site for commercial purposes or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or software designed to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) gather information or data regarding other users, including email addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies, or procedures of such networks; (e) attempt to gain unauthorized access to the Site , other computer systems, or networks connected to or used in conjunction with the Site , through password mining or other means; or (f) harass or disrupt another user’s use and enjoyment of the Site .”
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Your privacy is important to us. Our Privacy Policy details how we collect, use, and protect your personal information and your rights regarding your information under the GDPR, CCPA, and other applicable data protection laws. By using the Services, you consent to our collection, use, and sharing of your information as outlined in our Privacy Policy.
The content displayed on our website, including articles, text, photographs, videos, and other materials, is sourced from third-party news publishers and content creators. We do not claim ownership of this content. The views expressed are those of the respective content creators and do not necessarily reflect our opinions. We may suggest news items based on your interests, as determined from your prior viewing history on the Site.
You may be able to submit comments, reviews, and other forms of content (“User Content”). You retain all ownership rights to your User Content, including but not limited to copyrights and trademarks. You hereby grant Consumer Inc a non-exclusive, royalty-free, worldwide license to use, display, translate, modify, publish, distribute and otherwise exploit your User Content in connection with the Service. This includes the right to reformat, excerpt, and adapt your User Content. You acknowledge and agree that we may also disclose your User Content to third-party service providers who assist us in operating and maintaining the Service. You represent and warrant that you have all necessary rights, licenses, and permissions to grant the foregoing license to your User Content.
When you create an account with us, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account.
You are responsible for maintaining the confidentiality of your account, and for all activities that occur thereunder. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your account.
4.3 Links, Apps, Networks, Platforms and Servers
You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use. This includes, but is not limited to, using the Services to:
a. General. The billing policies that are disclosed to you in subscribing to the service are deemed part of these Terms of Use. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Site.
b. Billing. We bill you through an online account (your “Billing Account”) for purchases made on the Site. You agree to pay us all charges at the prices then in effect as posted on the Site for purchases by you or other persons (including your agents) using your Billing Account, and you authorize us to charge your chosen payment provider (your “Payment Method”) for the purchase(s). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
d. Recurring Billing. Our subscription plans consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g. yearly) without further authorization from you, until you provide prior notice (confirmed in writing by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act. You may change your payment method or cancel your paid membership by a provider of your chosen Payment Method in your account settings on the Site. For your convenience, we take your payment information so that your membership will not be interrupted. We auto-renew your membership at the level you selected. Your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). You may cancel in your profile settings. Please note that you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
e. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE US ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY US).
f. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
g. Reaffirmation of Authorization. Your non-termination or continued use of the Site reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Site.
The services and all materials therein, excluding User Content and third-party content, are the intellectual property of Consumer Inc and its licensors. You may not use such materials without permission.
Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the website, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
We grant you a non-exclusive, limited, non-transferable, revocable license to access and use the Service Content, solely for your personal, non-commercial use. You may not duplicate, download, publish, modify, or otherwise distribute the Service Content without our prior written consent. This includes, but is not limited to, using the Service Content for any commercial purpose, such as selling or licensing access to the Service Content. We reserve all right, title, and interest in and to the Service Content, and all intellectual property rights related thereto.
You may be able to post, upload, share, or store content provided and/or created by you on the Services (“User Content”). You retain all rights in, and are solely responsible for, the User Content you post to the Services.
7.3 Take Down
We reserve the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any communications, statements, names, photographs, information, and/or content made or submitted by you or others on or through the Site that we believe, at any time and in our sole discretion, to be infringing or otherwise in violation of the proprietary rights, the right of privacy, or the right of publicity of any person or entity; defamatory, disparaging, or embarrassing of or towards any person or entity; profane, indecent or obscene; derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; false, misleading or deceptive; or otherwise illegal or something that we consider unsuitable for the Site or its users.
7.4 Copyright Infringement
We respect the copyrights of others and prohibit users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Site, or from engaging in any activities on or through the Site, which violate the copyrights of others. It is our policy to terminate, and we reserve the right to terminate without penalty or recourse, in appropriate circumstances, the right of any user (which may include, without limitation, you) to access and use the Site who is a repeat copyright infringer. If we become aware that a user (which may also include, without limitation, you) is a repeat copyright infringer, then it is our policy to take reasonable steps within our power to terminate, and we reserve the right to terminate without penalty or recourse, in appropriate circumstances, the right of that user to access and use the Site. The following procedures shall apply in the event that you or another person or entity allege that the reproduction, public performance, public display, digital transmission or other use of a work found on the Site infringes your copyright, the copyright of said person or entity or any other intellectual property right owned by you or said person or entity. These procedures are intended to comply with 17 U.S.C. § 512 and any other applicable laws. By visiting, accessing, registering with, and/or or using the Site or the Services, as applicable, you are automatically agreeing to comply with the following procedures.
iii. 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;
iii. Identification of the reference or link to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link;
iii. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Our Service may contain links to third-party web sites or services that are not owned or controlled by us. Additionally, Certain Service Content is provided by third parties (the “Third Party Content”). We disclaim all liability for any Third Party Content, including any errors, misstatements, or omissions in such content, as well as any loss or damage of any kind incurred as a result of the use of or reliance on any content provided, hosted, transmitted, or otherwise made available by any third party. You acknowledge that we do not control, endorse, or assume responsibility for any Third Party Content, including information, materials, products, or services of third parties which may be accessible through our platform or services.
We hold no responsibility for any content published by you or others via the Site. Additionally, the Site includes links to third-party websites, services, content, and advertisements (referred to as “Third Party Sites”) that we neither own nor control. These links are provided solely for convenience, and we do not endorse, monitor, warrant, or make representations regarding Third Party Sites, including their content or accessibility. We bear no responsibility for such Third Party Sites, their content, or any products obtained through them. You agree to use all Third Party Sites at your own risk. When you access a Third Party Site, you are subject to the terms and policies of that service provider, including their privacy and data collection practices. It is advisable to conduct your own investigation before engaging in any transactions with Third Party Sites.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE OR SUSPEND THE SERVICES WITH OR WITHOUT NOTICE TO YOU. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless Consumer Inc, our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, liabilities, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to: Your use of the Services; Your violation of these Terms of Use; Your violation of any applicable laws or regulations; Your User Content; or Your use of the Services in a manner that infringes on the intellectual property rights of others..
These Terms shall be governed by the laws of New Jersey, without regard to its conflict of law provisions. Except as otherwise set forth in these Terms, you irrevocably consent to the personal jurisdiction of the state and federal courts of New Jersey for the resolution of any disputes arising from these Terms of Use.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
You represent and warrant that:
Any controversy or claim arising out of or relating to this Agreement or your use of the Services, for which the alleged damages exceed $10,000 USD individually or collectively, shall be settled solely by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be New Castle County, Delaware. The arbitration shall be governed by the laws of the State of Delaware (other than choice of law principles thereof). The prevailing party shall be entitled to an award of reasonable attorney fees and other costs. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Notwithstanding the foregoing, each party agrees that the other shall be entitled to specific performance of the other’s obligations without any requirement to post a bond or prove damages.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver of such right or provision.
We reserve the right to withdraw, terminate or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. You will not be entitled to a refund of any fees paid in the event of the withdrawal, termination, or amendment of the Service as set forth in this Section.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Agreement shall commence on the date you first access or use the Services and shall remain in full force and effect until terminated by you or us. We may terminate this Agreement or your access to the Services at any time, with or without cause, upon written notice to you. You may terminate this Agreement by ceasing to use the Services.
These Terms and our Privacy Policy constitute the entire agreement between you and Consumer Inc . If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
For any questions about these Terms, please contact us at legal@consumers.app.
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