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The Publisher Platform Terms of Service (these “Terms”) constitute binding agreements between you and Particle Media, Inc., a Delaware corporation, its subsidiaries, and affiliated companies (collectively, “NewsBreak” or “we”) that governs your use of the Publisher Services. “Publisher Services” means the services accessible via NewsBreak’s platform, through which your content (the “Content”) may be visible and accessible to the users of our website at www.newsbreak.com, our mobile application “NewsBreak,” newsletters, and other products or services owned or operated by NewsBreak.
These Terms include and incorporate NewsBreak’s Terms of Use (the “General Terms of Use”), Privacy Policy, and all other terms, conditions, policies, and documentation that are referred to herein and therein, including, without limitation, our Community Standards (“Community Standards”) (collectively, these Terms and all such others, the “Agreements”).
BY PARTICIPATING IN THE PUBLISHER SERVICES AND USING OR OTHERWISE ACCESSING THE PUBLISHER SERVICES, YOU AGREE TO THE AGREEMENTS, WHICH MIGHT BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE OR CANNOT COMPLY WITH TO THE AGREEMENTS, PLEASE DO NOT PARTICIPATE IN THE PUBLISHER SERVICES OR USE OR OTHERWISE ACCESS THE PUBLISHER SERVICES.
THESE AGREEMENTS REQUIRE THE USE OF BINDING INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ACTIONS. YOUR PARTICIPATION OR USE OF THE PUBLISHER SERVICES IS VOID WHERE PROHIBITED.
You need to register for an account to access our Publisher Services. Please safeguard your password to the account, and keep your account information current. NewsBreak recommends that you do not share your password with others. You are not allowed to transfer your account without our permission.
If you use the Publisher Services on behalf of a company, organization, or other entity, then (a) you hereby represent and warrant that you are an authorized representative of the entity with authority to bind the entity to the Agreements and that you agree to the Agreements on the entity’s behalf, and (b) the word “you” includes you and that entity. If you are accepting the Agreements and using the Publisher Services on behalf of someone else (such as another person or entity), you hereby represent and warrant that you are authorized to do so, and in that case, the words “you” or “your” in the Agreements include that other person or entity.
Any use or access to the Publisher Services by anyone under the age of 18 is prohibited and in violation of the Agreements. By using the Publisher Services, you affirm that you are over 18 years old.
Subject to the terms of the Agreements, NewsBreak hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use Publisher Services to submit your Content to Publisher Services and make available the Content on the Publisher Services. This license may be revoked by NewsBreak at any time for any reason, with or without notice.
We reserve all rights that are not explicitly granted under these Agreements. These Agreements don’t grant you any ownership right, title, or interest in the Publisher Services, or any right, title, or interest of other user’s content on the Publisher Services, or our trademarks, logos, or other brand features.
You are responsible for any Content you provide. You own or have permission to authorize us to use the Content.
You hereby grant to us a non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Content, store, tag, transmit, disassemble, publish, translate, and create derivative works from the Content, including, without limitation, texts, photographs, images, videos, media, and other works in the Content and any portion thereof, for any purpose in connection with NewsBreak’s services and business, including but not limited to, the right to (1) make the Content available on the Publisher Services, (2) abridge, summarize, or format the Content, (3) advertise around the Content, (4) provide, promote, and improve the Publisher Services or our products and other services, (5) make the Content available to other companies, organizations, or individuals for the syndication, broadcast, distribution, repost, promotion, or publication of the Content or business on other media and services, (6) archive the Content, and (7) license the Content to advertisers for incorporation into advertisements.
You hereby represent and warrant that (i) you have the full license, power, right and authority to grant the rights to NewsBreak as granted herein, and that the exercise by NewsBreak of such rights shall not violate the rights of any third party; (ii) you are not subject to any obligation which will or might hinder or prevent the completion or performance by you of any of you obligations; (iii) your Content does not contain material that is false, spam, intentionally misleading, or defamatory; (iv) your Content does not infringe the intellectual property rights, or proprietary rights, privacy rights, or any other rights of any person or entity; (v) your Content does not contain any unlawful content, including illegal hate speech or pornography, exploit or otherwise harm minors, violate or advocate the violation of any law or regulation; (vi) your Content does not violate NewsBreak’s regulations and policies, including but not limited to our Community Standards; (vii) your Content and the process and mechanism by which your Content is made available to NewsBreak is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or information; and (viii) your website includes a terms of use, privacy policy and your contact information. You covenant that, during the time of your agreement with us, the foregoing representations and warranties shall continue to be true and correct.
You hereby grant NewsBreak a non-exclusive, non-transferable, worldwide license, and royalty-free to use your trademarks, service mark, service name, trade name, design, or logo(s) (collectively, “Publisher Marks”) solely in connection with the rights granted to NewsBreak for any purpose in connection with NewsBreak services and business, including, without limitation, to identify your participation in NewsBreak’s Publisher Services and business or other promotional materials as a content provider for NewsBreak.
You hereby represent and warrant i) you do not collect NewsBreak’s users’ personal information, ii) you comply with all data protection and privacy laws, and iii) your website applies the same standard privacy policy as NewsBreak’s privacy policy (https://www.newsbreak.com/privacy).
You agree not to disclose to any third party any Confidential Information (as defined below) of NewsBreak that you may receive. “Confidential Information” means information marked as confidential or normally considered confidential or proprietary under the circumstances, including, without limitation, information regarding our businesses, operations, prospective marketing, and promotional activities. Confidential Information will not include information that is publicly known or rightfully received from a third party with no confidentiality restrictions.
NewsBreak may, in our sole discretion, determine your Content to be hosted on our Publisher Services and remove some or all of the Content for any reason.
You acknowledge that our decision to place any Content on the Publisher Services does not mean that we have reviewed the Content or have agreed to be liable for the Content and that you shall remain solely responsible for your Content at all times.
Any feedback that you may provide to us shall be deemed to be non-confidential. NewsBreak shall be free to use such feedback unrestrictedly without any obligation to you.
THE PUBLISHER SERVICES AND THE PRODUCTS AVAILABLE THROUGH THE PUBLISHER SERVICES, WHETHER PROVIDED BY NEWSBREAK, ITS LICENSORS, ITS VENDORS, OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE PUBLISHER SERVICES, ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, NEWSBREAK DOES NOT WARRANT THAT: (I) THE PUBLISHER SERVICES ARE FREE OF ERRORS; (II) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE PUBLISHER SERVICES OR THE SERVER(S) THAT MAKE THE PUBLISHER SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL NEWSBREAK OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ARISING OUT OF OR IN CONNECTION WITH THE PUBLISHER SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE PUBLISHER SERVICES, OR ANY LINK PROVIDED ON THE PUBLISHER SERVICES, WHETHER OR NOT NEWSBREAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE HIGHER OF THE AMOUNT PAID BY YOU TO NEWSBREAK FOR THE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES, OR $100.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD NEWSBREAK AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE AGREEMENTS, THE TERMS, NEWSBREAK PRIVACY POLICY, AD POLICY OR COMMUNITY STANDARD, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF ANY CONTENT TO THE PUBLISHER SERVICES, ANY BREACH OF YOUR REPRESENTATIONS, WARRANTIES OR ALLEGATIONS, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING CLAIMS FOR DEFAMATION. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
NewsBreak reserves the right at any time to modify or discontinue, temporarily or permanently, the Publisher Services (or any part thereof), with or without notice. You may terminate these Agreements with 60 days written notice to your NewsBreak representative. You agree that NewsBreak shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Publisher Services. Upon termination, your right to access the Publisher Services and these Agreements will terminate, and all rights you have to access the Publisher Services will immediately terminate; however, provisions of these Agreements will still apply post-termination, including but not limited to “Confidentiality,” “Our Rights,” “No Warranties; Limitation of Liability,” “Indemnity,” “Arbitration,” “Governing Law and Venue.” Terminating your account may also include, at NewsBreak’s sole discretion, the deletion of your account and/or advertiser profile.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Santa Clara County before three arbitrators. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional or injunctive relief in aid of arbitration from a court of appropriate jurisdiction.
These Agreements shall be construed in accordance with and governed by the laws of the State of California, notwithstanding its conflicts of law principles. Except for claims subject to mandatory arbitration, any dispute arising out of either: i) these Agreements or ii) the use of the Publisher Services, seeking provisional remedies or injunctive relief shall be initiated and conducted in the state or federal courts of Santa Clara County, California and you and NewsBreak consent to the exclusive jurisdiction of such courts.
Your relationship with NewsBreak will be that of an independent contractor and not be that of an employee. You shall defend, indemnify, and hold NewsBreak Parties harmless from any allegation or determination by a court of agency that you are an employee.
Notwithstanding any other provisions, NewsBreak has the right to terminate your participation in or your use of the Publisher Services at any time. NewsBreak may change, terminate, or restrict access to any aspect of the Publisher Services at any time, with or without notice. Nothing in these Agreements shall restrict or limit our rights to use any of your content or marks that constitutes existing rights under applicable laws.
Our platform is dedicated to fostering vibrant, connected communities through trusted local news and information. We emphasize content excellence and cutting-edge technology to help ensure users receive timely and reliable information. We value contributions that enrich lives with locally relevant content, focusing on utility, innovation, aspiration, and compassion. Together with our publishing partners, we address community concerns that impact lives.
Our success relies on adherence to shared principles and guidelines. We prioritize transparency to combat disinformation and reject undue influence and extremism. Our commitment to inclusivity involves rejecting discrimination and promptly correcting errors.
These guidelines complement our Terms of Use, and Privacy Policy. Non-compliance may result in disciplinary actions, including decreased distribution or removal from the platform. We reserve the right to take any action on content or profiles at our discretion. These example of violative behavior are not all-encompassing and may include other behavior.
We strive to create a safe environment for engaging with credible local news and sharing perspectives, rooted in:
These principles aim to strengthen community bonds and foster trust.
Hateful Behavior
NewsBreak is committed to fostering a diverse and inclusive community. We do not tolerate discrimination, hate speech, or the promotion of hateful ideologies. We do not allow:
Editorial coverage of newsworthy incidents involving these subjects is allowed with relevant context. This policy helps ensure that NewsBreak remains a platform that promotes inclusivity and safety for all users. See more details on how we fight hateful behavior in our Safety Center here.
Violent Extremism
Terrorists and related organizations are not permitted to use NewsBreak for any reason, including recruitment. Content shared in editorial coverage of newsworthy events that do not promote terrorism, and where clear context is established, may be allowed. NewsBreak does not allow:
Exceptions for educational, documentary, scientific, or creative contexts with clear, non-promotional intent.
Promotion of Illegal Activity and Regulated Goods
While we allow editorial coverage of newsworthy events, content that could directly facilitate or promote illegal activities is not permitted. NewsBreak does not allow:
Incitement of Violence
We prioritize preventing offline harm related to NewsBreak content. While we support freedom of expression and tolerate hyperbolic speech as a form of disagreement, we reserve the right to remove content and disable accounts if there is a genuine risk of physical harm or credible threats to public safety. NewsBreak does not allow:
Promotion of Suicide, Self-harm, and Eating Disorders
NewsBreak cares about community wellness. While we support sharing personal experiences to raise awareness and find support, we do not allow content that promotes suicide, self-harm, eating disorders, or drug abuse.
Harassment and Bullying
Everyone deserves a harassment-free experience on NewsBreak. We prohibit content that targets individuals with harassment, bullying, or threats, including sexual harassment and derogatory language.
Additionally, we take a severe stance against the sharing of Non-Consensual Intimate Visual Depictions (NCIVD), including AI-generated imagery. We remove this content upon reporting and penalize accounts that share it. NewsBreak is committed to proactive enforcement, including moderator training and automated detection measures, to prevent the spread of NCIVD.
If you encounter NCIVD content, please report it to compliance@newsbreak.com immediately. We are dedicated to protecting individuals from harm and ensuring compliance with evolving legal standards.
Promotion of Dangerous Acts
Content that encourages untrained amateurs to perform dangerous stunts or activities, posing risks to themselves or others, is not permitted.
Endangering Minors
We protect minors' safety. Content that endangers or exploits minors, depicts violence against them, sexualizes them, or promotes dangerous activities is strictly prohibited.If you encounter child sexual abuse material, report it to compliance@NewsBreak.com. For immediate danger to a child, contact law enforcement.
Endangering Public Health
False, Misleading and Fraudulent Content
NewsBreak strives to ensure credibility and protect users' well-being and trust by discouraging misinformation or disinformation. While we take the accuracy of the content on our platform seriously, publishers, and creators are responsible for fact-checking their content. We do not allow the publishing of rumor, hearsay, or unvetted or unverified information. Attempts to introduce misinformation or disinformation, as well as fabricating information or presenting false information as fact, may result in account termination. The use of clickbait is also not allowed. Attribution is required for all facts that could be challenged, with original reporting preferred. Opinion or satirical pieces must be clearly labeled as such in the headline. For more details see the contributor and publisher guidelines respectively.
We do not allow creators to publish altered media intended to confuse, harm, or mislead. Editing for technical quality, like color correction or adding graphics, is allowed, but manipulation to mischaracterize events is not allowed. Photo edits must maintain accuracy without altering meaning, and misleading cropping is not allowed. Secretly captured video with malicious intent or in violation of the law is prohibited, except for lawful surveillance footage. Deep fakes are also not allowed unless clearly labeled and relevant to the story's subject. Composite images must be clearly indicated. In crime-related media, faces of minors must be blurred unless law enforcement releases the photo or parental permission is obtained, and faces of alleged victims should be blurred in sensitive cases if anonymity is requested.
We do not allow:
Misinformation and Disinformation
Impersonation
Spam
Other Fraudulent Behavior (scams and deception)
Election Interference
Violent and Gory Content
NewsBreak does not allow content that glorifies or incites violence or aims to shock or disgust without news value. News content must contain proper newsworthy context. Even then, graphic content should include proper warnings and avoid shocking users. We do not allow content that:
Adult Nudity or Sexual Content
NewsBreak does not allow content that:
EDSA Exceptions
We may allow content that seems to violate our policies if it has clear educational, documentary, scientific, or artistic (EDSA) value. Examples include anti-bullying campaigns, historical documentaries, artistic comedy, and scientific nudity. Clear intent within the content is required for EDSA eligibility, but sensitive or harmful content may not be included in this exception.
Intellectual Property
NewsBreak respects intellectual property rights and does not allow improper use. When posting, ensure you have the rights to the content. We may remove content that infringes on intellectual property rights, including:
Report copyright infringements to our designated Copyright Agent as outlined in our Terms of Use.
Privacy
NewsBreak prioritizes privacy and personal information protection. We may remove content violating privacy laws or our Privacy Policy. Report potential privacy violations at privacy@NewsBreak.com. We investigate and take down content that shares personal information without consent or that could cause harm. This includes:
The above are common standards amongst all users and content creators on NewsBreak. We have separate guidelines for publishers, contributors and Local Listings/Community Resources. Click the following links to understand the exhaustive expectations for each:
