TERMS AND CONDITIONS OF USE
Since You downloaded Our App from Google Play, You will also be subject to Google Play Terms of Service. If there is any conflict between Google Play Terms of Service and this Agreement with respect to Your use of the App, then, this Agreement shall prevail.
A. DEFINITIONS AND INTERPRETATION
1. Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:
(a) “App” means the android mobile platform downloadable from Google Play and owned by Newshorts, including any updates thereof.
(b) “Google Play” means the service provided by Google Ireland Limited, a third party, located at Gordon House, Barrow Street, Dublin 4, Ireland and/or its affiliates, which You may use in order to download the App.
(c) “Google Play Terms of Service” means terms of service that apply to the use of Google Play and available at https://play.google.com/store/apps/details?id=com.appzilla.admin.newshorts
(d) “User” or “You” or “Your” refers to a natural person who has accepted this Agreement in order to download and use the App.
2. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
3. Headings and captions are used for convenience only and not for interpretation of the Agreement.
4. Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
B. YOUR APPROVAL
1. You approve of and accept this Agreement by:
(a) downloading and/or installing the App on Your device; or
(b) accessing or using the App or any of the content available within the App from any device.
2. You can accept this Agreement only if:
(a) You are of the legal age, eligibility and mental capacity to form a binding contract with Newshorts pursuant to Your use of the App; and
(b) You are not legally barred from using the App.
C. PROVISION OF THE APP
1. The App is designed to provide You an in-app browsing experience through an embedded browser. The App does not per se provide any news or content or information; but provides a brief summary of the content available in public domain within 60 (sixty) words or less by aggregating such content within one platform for easy access by You and for assisting You to find corresponding content of Your interest. The App does not host, display or transmit any content owned by third parties on its servers, unless We either have a license or are not prohibited under the applicable law, to do the same. When You read a summary, You may be linked to one of the online sources of such duly aggregated summary, upon tapping “More” tab on Your screen. You agree and acknowledge that the App does not report and/or broadcast any content (including news) on its own accord and newshorts is not responsible or liable for the content or accuracy of the summary of content that may be accessed by You through the App.
2. The App may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
3. In order to provide the App to You, We may request You to register and/or provide information about yourself. We trust that any information provided by You will always be true, accurate, complete and updated.
4. The content displayed on the App is for Your non-commercial and personal use. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the App.
5. We may stop provision of the App (or any part of the App), permanently or temporarily, to You or to Users generally or may modify or change the nature of the App and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the App following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).
D. YOUR AGREEMENT WITH Newshorts
1. A violation of this Agreement may result in a legal liability upon You and that nothing in this Agreement should be construed to confer any rights to any third party. You are responsible for Your conduct and activities while using the App, and for any consequences thereof.
2. If any provision of the Agreement is found to be unenforceable under the applicable law, it will not affect the enforceability of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
3. We may choose to not act with respect to a breach of this Agreement by You or others but this does not mean that We cannot act with respect to subsequent or similar breaches. Our intended or intended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
E. USING THE APP
1. You will download and install the App from Google Play for using it. You will also download and update the relevant latest versions of the App and any relevant updates provided by Us to avail continued access to the App.
2. While the App is available to You free of cost, We may amend these Terms and impose a cost on the App in future. We don’t promise to but will try our best to give You a prior notice in this regard.
3. You will use the App only for such purposes as is permitted by (a) this Agreement; and (b) any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, in which You are a resident or from where You use the App.
4. For Your use of the App, Newshorts grants You a limited, non-exclusive, non-transferable right to install and use the App on Your android device. However, You shall not copy the App or any of its components, except for the purpose of making a single archival back up copy.
5. Newshorts also grants You a non-exclusive, non-transferable license to access such content on the App which is owned by Newshorts. For using any content owned by a third party, You still require a license from such third party, We don’t license such content to You and Your use of content owned by a third party is governed by applicable terms and conditions prescribed by such third party.
F. RESTRICTIONS ON YOUR USE
1. You will not use the App or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement.
2. You will not access (or attempt to access) the content provided through the App by any means other than through the App, unless You have been specifically allowed to do so in a separate written agreement with Newshorts.
3. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the App or any component or content thereof, available to third parties.
4. You will not circumvent or disable any digital rights management, usage rules, or other security features of App; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the App; and not use the App in a manner that threatens the integrity, performance, or availability of the App.
5. You will not attempt to or engage in any activity that may:
(a) reverse engineer, decompile or otherwise extract the source code related to the App or any part thereof, unless it is expressly permitted by Newshorts to You in writing or is required by the applicable law;
(b) use any robot, spider, retrieval application, or other device to retrieve or index any portion of the App or content thereof;
(c) collect information about users of the App for any illegal or unlawful purpose;
(d) create any user accounts by automated means or under false or fraudulent pretences for using the App;
(e) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the App;
(f) use the App in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the App, or interfere with any other third party’s use and enjoyment of the App;
(g) carry out any denial of service (DoS, DDoS) or any other harmful attacks on the App or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the App or any part of the App or any user of the App;
(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the App; or
(i) obtain any materials or information through any means not intentionally made available, in the opinion of Newshorts, through the App.
6. You will not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.