USPA News Portal Terms of Use
I. Content of the Online Offer
The news portal United States Press Agency News, USPA News in short, is a service of United Press Association Inc. The provider (USPA News) receives editorial content from journalists and photojournalists and makes such content available to a broad audience. Contributors receive a Customized Beat, which includes a subdomain, from USPA News. All editorial content is published at the sole initiative of the contributors.
USPA News shall not be held responsible for content published by the contributors in their Customized Beats or subdomains, as the Customized Beats are autonomous and legally independent. Consequently, USPA News distances itself from all content, including links to external content provided by third parties. For more information, please see the corresponding references in the legal notice.
Visitors may use all available content free of charge. In the event that isolated auxiliary services should carry a fee, separate and express notice shall be given. Furthermore, a login or registration with the news portal is not required, all content is accessible to the public, and the portal may be used freely. USPA News assumes no liability for the quality, timeliness, accuracy or completeness of the information provided. In the event that interactive services such as chats, forums, newsletters, etc., are being used, visitors may be asked to provide certain data necessary for running such services, as permitted by law.
Liability claims relating to material or intangible damage of any kind, as well as any claims arising from the use or non-use of the information provided or the use of incomplete or erroneous information, shall be excluded, provided there is no willful intent on the part of the provider. However, USPA News strives to exercise due journalistic care (see Editorial Code of Conduct). Editorials and other editorial contributions are created by external columnists or suppliers (journalists, photojournalists) and do not reflect the opinions of USPA News.
II. References and Links
According to a decision by the district court of Hamburg, Germany, from May 12, 1998, website operators may be held liable for the content of linked websites, provided they do not expressly distance themselves from such content or sites. As the USPA news portal provides links to various websites, we establish:
According to Art. 5 Sect. 1 of the TDG (Teledienstgesetz) [Teleservices Act], USPA News may only be held liable for its own content. The provider shall only be liable for third-party content if the provider is aware of any unlawful or punishable content on the linked websites (including subpages), insofar as it would be technically possible and reasonable for the provider to prevent the use thereof. Hence, USPA News confirms that at the time links were established, no illegal content was identified on any of the linked pages (including subpages). In addition to distancing itself from links to online services on the USPA News website, the provider also distances itself from links established on the subdomains which are provided to the journalists. Hence, USPA News distances itself from any and all links (including subpages) to third-party websites. Furthermore, the provider has no influence whatsoever on the current and future design of any linked websites.
USPA News further distances itself from links found in banners and third-party contributions, which are provided in the context of established virtual market places or communities (chats, forums, etc.). Insofar as contents on third-party pages should violate existing copyright or trademark laws, the corresponding links will be removed as soon as possible upon notification. Liability for such contents, or any damages arising from the use of such pages or the information therein, lies with the provider of the website that was linked to and not with USPA News. USPA News acts in good faith that all contents on linked websites are harmless and unobjectionable from a legal standpoint.
III. Copyrights, Trademark Rights and Usage Rights
USPA News urges all providers, journalists and photojournalists to observe the copyrights of all published texts, images or graphics. All brands and trademarks mentioned in the news portal and, where applicable, protected by third parties, are subject to the ownership rights of their legal owners as well as the provisions of the applicable trademark laws. Simply mentioning the name of the creator does not preclude a potential violation of third-party trademark or copyrights.
Hence, any duplication or use of the material (texts, graphics, images, etc.) in other electronic or printed publications without express prior consent of the provider or supplier (journalist, photojournalist), i.e. the trademark or copyright holder, is prohibited. This means that all content (texts, images, photographs, graphics or other illustrations) published on the USPA News portal is protected by copyright or corresponding transferred usage rights. The copyright shall remain with the individual provider or journalist/photojournalist. This applies to all content that was published, created autonomously, or supplied to the provider or journalist/photojournalist. Hence, any usage rights are limited to reading, printing or copying content for private use only. Content may not be used in other electronic or printed publications, whether in its entirety or in extracts, without prior consent from the copyright holder. Should any content be published or otherwise be used for commercial purposes without prior consent, the copyright holder has the right to assert claims for injunctive relief and demand compensation for use. The "special terms for downloads," which are freely accessible on the news portal, shall be recognized in this context.
IV. Advertising
Both classified ads and special advertising formats may be posted by individual journalists/photojournalists, as well as by USPA News itself. Ads may be posted in various sections, subdomains (press area), as well as the Customized Beats that make up the news portal. A valid advertising contract shall be established only if the initiator, in this case the advertiser, sends the completed contract form, signed with a legally binding signature, to the provider, in this case the journalist or photojournalist. This may be done via postal mail, fax or e-mail. In addition, the provider or his/her representative shall acknowledge the order in writing, which shall constitute acceptance thereof. The provider (journalist/photojournalist) or his/her representative reserves the right to examine the content and design of all ads to be posted in order to ensure compliance with legal requirements as well as editorial guidelines. Any ads which do not meet these requirements shall be dismissed.
V. Market Place
The publication of advertisements and classified ads for commercial or private purposes carries a fee. The respective provider points out that responsibility for posting classified ads or advertisements lies exclusively with the advertiser. Only journalists and photojournalists may make use of subdomains to publish classified ads and advertisements. USPA News does not assume the role of a facilitator, nor does it assume liability for any classified ads or advertisements that have been published. Advertisements that violate US law or those involving content that is considered harmful to minors, is of a right-wing extremist nature, racist, or religious, are prohibited.
VI. Protection of Data Privacy
Any data required to access protected sections within the portal or to use USPA News services is provided voluntarily by the user. If such data is not provided, the respective services may not be used. Furthermore, the use of anonymised data or pseudonyms is prohibited (exception: newsletter subscription).
VII. Exemption from Liability
USPA News does not assume liability for the content of published articles, in particular with regard to currentness, accuracy and completeness - hence, no claims may be asserted. A special note about contributions under the health section: Information published under this section of the news portal should never be used as the exclusive source of information upon which health decisions are based. Although contributions are constantly being improved and corrected, they may contain outdated, misleading or incorrect information, which might lead to health risks. Medication, including medicinal herbs, should never be taken without first consulting a physician or pharmacist.
USPA News is not required to check the content provided by authors for potential legal violations. In the event that any violations are discovered, the provider has the right to remove the offending content - even without informing the author.
USPA News accepts no responsibility for the accuracy, quality or appropriateness of the content provided and is not obligated to monitor content. No liability shall be assumed for entries or links containing libelous, racist, discriminating, pornographic or xenophobic information, as well as for content evoking civil or criminal responsibility. USPA News expressly distances itself from and disapproves of such content. In the event that articles or websites including such content are discovered on the pages of USPA News, the provider appreciates notification thereof. Such contributions or links shall be reviewed and, if applicable, deleted, insofar as this is technically possible and reasonable for the provider. This exemption from liability shall be viewed as being part of the Internet offer from which reference was made to this page.
Important information regarding content under the "Law and Taxes" section
Articles and reports published under the section "Law and Taxes" (as well as related topics) are not meant to provide legal counsel but are intended solely for purposes of general information and education. Although articles are constantly being improved, they may contain outdated, misleading, abbreviated or even erroneous information. Thus, the information provided herein should never be used as the exclusive source of information upon which legal or tax decisions are based. In the event of questions relating to tax or legal issues, people should always consult a lawyer, tax advisor or qualified counseling center. Even if not expressly stated in the article, it is to be assumed that most articles refer to the laws of the United States of America or another English-speaking country. Although laws may appear similar due to the harmonization of laws and regulations, there may be major discrepancies based on different implementations of guidelines in individual states.
VIII. Scope, Place of Jurisdiction, and Applicable Law
These Terms of Use shall apply indefinitely for the news portal against natural and legal persons in the USA and other countries. Place of jurisdiction for disputes arising from these Terms of Use shall be Las Vegas, Nevada. The rules of jurisdiction of the [US Code of Civil Procedure] shall apply.
IX. Severability Clause
In the event that parts or specific phrases of these Terms of Use do not, no longer or do not sufficiently comply with prevailing law, the validity and content of the remaining provisions shall not be affected. These Terms of Use are subject to spelling, typing, calculation or translation errors.
