General Terms and Conditions
1. Scope
The following General Terms and Conditions between the journalist, hereafter referred to as "author," and United States Press Agency News, hereafter referred to as "USPA News," contain our general terms and conditions, which shall apply without exception. The news service USPA News is a service provided by United Press Association Inc. of Las Vegas, Nevada. All services rendered are based exclusively on these General Terms and Conditions. By making use of the services provided by USPA News, the author acknowledges these Terms and Conditions. These Terms and Conditions shall apply to all services provided by USPA News. At the time of registration, the author enters into a license agreement with USPA News. In commercial business, the General Terms and Conditions shall also apply to any future business relations. Hence, they shall apply for both initial and future business relations, even if the author does not expressly confirm these General Terms and Conditions again. USPA News does not acknowledge any conflicting Terms and Conditions of the author.
2. Subject of these General Terms and Conditions
The Terms and Conditions listed herein shall protect the rights of the authors, of USPA News, and of any third parties with regard to the operation of a Customized Beat. In the course of the press and news portal, USPA News provides Customized Beats. USPA News does not provide the content of these beats. Rather, they are filled by the individual journalists.
Journalists and photojournalists act as content suppliers, providing editorial content (texts, images, etc.) for third parties via a subdomain and making such content available to the general public. All editorial content is published independently by the journalists/photojournalists. USPA News bears no liability for these publications. The so-called Customized Beats are autonomous and legally independent, which is also apparent from the corresponding legal notices of the beats. As a precaution, USPA News expressly distances itself from all content published in these Customized Beats. The same shall apply to any links to external content provided on these pages.
Each author receives a Customized Beat and an editorial system, both of which may be used free of charge. The system allows authors to access certain areas of the portal and to publish editorial content in the appropriate areas. As all Customized Beats comprise editorial content from other sources, the beat shall always be embedded within the main page. The Customized Beat allows each author to add contributions such as texts and images. Section 4 highlights the terms and conditions for managing a Customized Beat, as well as to which extent it may be used. USPA News reserves the right to change the range of functions, insofar as a change is necessary due to continuous development and would not be detrimental to the author.
3. Conclusion of Contract
By submitting the registration form found on the USPA News website, the author extends an offer to enter into a contract with USPA News. Registration is open to any natural or legal person who has full legal capacity. The contract shall be concluded when the author receives a registration confirmation from USPA News in reply to the contractual offer. This may happen via email or postal mail. USPA News reserves the right to reject registration in individual cases. USPA News is obligated to inform each author about the manner, extent and purpose of collecting, using and processing all personal data before any work is performed, and to provide information about how the author's data will be processed. Therefore, we establish that USPA News will use any data submitted exclusively for internal purposes and for the unequivocal identification of the author. Data is collected to ensure that the authors stand by their contributions and assume full responsibility thereof. Hence, all authors are required to provide their user information completely and truthfully before they may begin working for USPA News. Each author shall only receive one Customized Beat. The use of more than one Customized Beats is not permitted. Authors may use pseudonyms; however, only one pseudonym may be used per author. The pseudonym must not violate existing trademark rights or copyrights. Anyone violating these terms and conditions may be excluded at the discretion of USPA News.
4. Contractual Services
I) Rights, obligations and services of the provider
Authors who are registered with USPA News receive access to an editorial system, which they may use to publish their own editorial content on the USPA news portal. Some content may also be accessible via third-party beats. USPA News has no obligation toward the author to pay any royalties, fees, or provide other remuneration for submitted editorial contents. USPA News may, at any time, decide to release reports, articles and/or pictures separately, and reserves the right to reject them completely. Generally, all content will be released within 72 hours. Immediate publication in real time is not possible. Access to the USPA News editorial system, as well as the use and creation of a Customized Beat, are services offered by the provider free of charge. No legal entitlement to these services, or to permanent and unlimited access to the USPA News editorial system or Customized Beat, shall exist. Consequently, USPA News may, at any time and without prior notice or giving reasons, deny access to the editorial system, deactivate or delete the Customized Beat, and make changes to or delete content provided by the author. In that case, the author shall have no right to assert claims, which the author expressly acknowledges.
In order to receive a press pass for journalists or photographers, all requirements have to be met (order placed, payment received, etc.) Thus, the author bears sole responsibility for how quickly his/her pass is delivered. Passport photos are submitted to USPA News in electronic form via email. Name inclusion in the legal notice: If a section is mentioned, the author's name shall also be included in the legal notice.
Confirmation of your status as an editorial contributor may be provided insofar as it is for a specific purpose, i.e. a single event that is explained in detail. Further, status confirmation is not provided for consolidated purposes or long-term engagements. USPA News reserves the right to refuse or modify any status confirmation.
Approval process and rights to contributions: By submitting editorial content or articles, the author automatically grants a royalty-free, irrevocable, mutual and non-exclusive license to USPA News to use, process, modify, reproduce, translate, distribute, portray and publish such content, both individually and as part of other works. This shall apply to any form, any media and any technology, whether already in existence or to be developed in the future. Furthermore, the author grants USPA News the right to publish the supplied content in other beats.
In the event of regular or early termination, the author shall have no right to reimbursement of any payments already made. The author also shall have no right to assert any putative claims.
USPA News will not perform detailed reviews of content supplied by the authors, as there is no obligation to monitor content. However, USPA News reserves the right, if necessary, to increase the transparency of content, to modify or retain information, or, at its discretion, delete information, whether in part or in its entirety. This is done to ensure compliance with relevant laws, statutes, legal processes and government matters.
The USPA News editorial system does not support Mac and Apple technology or hardware. Authors may promote their Customized Beat by using the following means provided to them: own, individual subdomain, download area, editorial system, separate information area, marketing tools. The Customized Beat is designed exclusively for the publication of articles and pictures and is not intended for download offers. Such offers may not be included in the beat.
II) Rights and Obligations of the Author
a) Using the USPA News editorial system does not guarantee publication of content. Hence, the author may not assert any right to the publication of his/her articles, reports or pictures. USPA News has the right to release articles, reports or pictures separately or to refuse their publication. The author has no obligation to add editorial content to his/her Customized Beat. The author shall incur no costs associated with hosting, maintenance and technical operation of a Customized Beat. The fees and expenses mentioned in section 4/I are all-inclusive prices.
b) The author is obligated to complete the registration in a true, unambiguous and complete manner and to keep all personal data up to date. The author shall be liable for any information he/she provides. In the event of any changes to the information, USPA News must be notified immediately. Registration under a false identity or pseudonym is prohibited. The author shall protect his/her login information and personal passwords from unauthorized access.
c) Advertising of individual Customized Beats or USPA News is prohibited, in particular insofar as spam, serial emails, fax broadcasting, unauthorized ads, misleading keywords or keywords that violate third-party (trademark) rights are being used. The author must not disseminate messages of identical or nearly identical content, or illegal emails (spam). This includes the following prohibited activities, which are frequently associated with spam: the collection of email addresses en masse with the help of software or Internet robots, the unsolicited sending of advertising emails, the sending of emails without a direct and personal salutation or without reference to the recipient, the transmission of emails, text messages or other messages with incorrect address and sender information, and messages with manipulated content. Authors who disseminate spam or engage in unauthorized advertising may be terminated by USPA News without notice, and in any event no later than after the second violation according to section 10. In that case, any and all claims arising from a Customized Beat, as well as the Customized Beat itself, shall expire. In the event of a violation, an author who demonstrably disseminates spam or unauthorized advertising may be charged a contract penalty up to 5,000 USD or ordered to reimburse all expenses arising from such violation. This does not include any additional claims for damages by the complainant. The author shall also be liable for other related expenses (e.g. lawyer fees or court costs).
d) The author is not authorized to act on behalf of USPA News, make or accept statements on behalf of USPA News, and accept offers on behalf of USPA News. USPA News shall not provide reimbursement for any expenses incurred by the author in the course of his/her (freelance) work. The author is neither employed by USPA News nor a representative thereof. At no time may this be expressed or implied toward third parties. There shall be no employment contract between USPA News and the author. Any responsibility concerning official requirements, permits and tax requirements lies exclusively with the author. The author also bears sole responsibility for the contact information provided in the Customized Beat. USPA News has no influence on such contact information.
e) In the event that the author chooses to publish advertising measures in his/her Customized Beat, such measures must be clearly recognizable as his/her own measures. USPA News shall only be bound by its own advertising messages and materials. Liability shall be excluded for any advertising messages by authors that are not coordinated with or released by USPA News.
f) The author must be reachable via email at all times and must guarantee that he/she is actually receiving the emails and that they cannot be delivered due to forwarding, cancellation or overflowing of the account.
g) The author may not transfer his/her Customized Beat to third parties. The author also affirms not to use any information that might be relevant to stock prices, of which the author might gain knowledge in the course of his/her work, for private purposes. The Editorial Code of Conduct shall be binding for each author.
h) The author shall be named as the responsible party in the legal notice of his/her Customized Beat (subdomain). The author affirms that he/she - the author - assumes full liability for his/her publications. This shall apply to copyright violations, erroneous information, illegal links, etc. Any and all responsibility in this context shall fall to the author.
i) The author shall protect the reputation of USPA News and agrees not to infringe on convention and the law. USPA News may seek injunctive relief in the event that the author makes statements, engages in acts, or posts content and/or depictions which are damaging to the interests of USPA News. Independent thereof, USPA News may deny access to the login area. The author expressly releases USPA News from any claims by third parties with regard to items b), c), d), e), h), and i). The author shall also assume all expenses associated with a necessary legal defense of USPA News, including all lawyer fees and court costs. The same shall apply if the author, in his/her Customized Beat, infringes on the trademark rights or copyrights of third parties.
j) By participating in and using the editorial system provided by USPA News, the author grants USPA News the irrevocable and perpetual right to make full use of his/her contributions. Such use by USPA News must be made within the context of the business purpose, whereupon USPA News has the right to multiplication, publication, modification and storage in electronic media and databases. USPA News has the author's permission to grant third parties the right to quote editorial content provided by the author. Quotes shall consist of no more than five percent of the complete text, all quotes must be marked as such, and a link to the source must be provided.
k) Prohibited within the pages of USPA News shall be any and all content and photographic material containing texts or images which are against the law, of a pornographic, illegal, insulting, obscene, racist or damaging nature, or which include content that is otherwise damaging. Content that glorifies violence or is of a discriminating or threatening nature may not be published or expressed toward others. Furthermore, content that might be considered harmful to minors may not be published. Liability for all publications shall lie with the authors responsible for publishing such content. Texts and images protected by copyright, as well as personal images that require approval from the person depicted, may only be published with prior consent. In the case of minors, only a legal guardian may give such consent. This list is not exhaustive. USPA News reserves the right to refuse the publication of content which violates the guidelines listed herein. Furthermore, the stipulations of the Editorial Code of Conduct shall be observed. In the event of a violation of these stipulations, USPA News may permanently exclude the author from using the platform. Providing false user data and publishing prohibited content shall result in immediate and permanent exclusion.
I) All editorial content provided by the author must meet the following criteria: The author may only post articles written exclusively by him/herself. The article shall be unique and written exclusively for USPA News and may not be published anywhere else in the same form. The author affirms that no rights of third parties are being violated. The author shall be liable for the content of his/her articles in accordance with Art. 10, Sec. 3 MDStV [US Interstate Media Services Agreement]. Links to so-called MfA pages (made for adsense or affiliates) are prohibited. The article should offer added value for the reader, be informative, and contain no special advertising lingo. Straight advertising messages will be rejected.
The name of the person responsible for the article must be written underneath the article. Content that may be harmful to third parties in any way, or violate third-party rights, is prohibited. Also prohibited is content that might be considered harmful to minors or is of an obscene, right-wing extreme, racist, pornographic, insulting or religiously offensive nature. The same shall apply for porn, sports betting, narcotics and impotence treatments.
m) Pursuant to the US Interstate Media Services Agreement, the author bears sole responsibility for all content provided under his/her subdomain and must observe mandatory identification requirements. Any content provided by the author that includes offers for teleservices or media services may be subject to additional legal mandatory identification requirements. The author acknowledges these stipulations. The author shall hold USPA News harmless against any and all claims arising from a violation of the aforementioned obligations. The author may not offer or allow others to offer pornographic contents or services aimed at generating profit, insofar as such contents or services refer to pornographic and/or erotic content. In the event that keywords should infringe on the principles of common decency or third-party rights, the author may not register the subdomain with search engines. Through the author, USPA News shall be held harmless against any and all claims arising from a violation of the aforementioned obligations.
n) In the event of a violation of the law involving dissenting opinions, the burden of proof shall lie with the author. If the author is of the opinion that no law has been violated, he/she shall furnish the necessary proof.
o) All reports and articles provided and published by the author shall be published under the Creative Commons license. This means that they may be multiplied, disseminated and presented to the public by third parties. The following requirements are mandatory in this context: The author must be named and a link to the source must be provided. Any commercial use of the articles is prohibited.
5. Fee-based Services and Support
The issuance of a press pass or a letter confirming assignment is subject to a fee, which must be received in the account provided no later than ten days following receipt of the order conformation. Payments already made may be reimbursed, in full or in part, in the event of a cancellation, termination or suspension of the Customized Beat. In the event of a late payment, USPA News may request compensation for damages arising from the delay from the author. Upon receipt of payment, the author shall receive an invoice, which will show the VAT amount, unless expressly indicated otherwise.
Any requests for support, as well as the clarification of questions and issues extending beyond or unrelated to the use of the editorial system or fee-based services (e.g. in the event of third-party claims brought to USPA News), are subject to a fee. However, they may be offset against payments already made. The hourly fee charged by USPA News for services and time provided is USD 39.00. Additional costs may be incurred by the author if additional help (e.g. from a lawyer) is necessary to clarify the issue and USPA News is required to pay fees or remuneration. The author agrees to reimburse USPA News for such expenses.
6. Default of Payment, Right to Refuse Performance, and Set-Off
In the event of default of payment, USPA News may refuse performance of the contract until the author has paid the fees established within the contract. The right of USPA News to assert claims for damages, the right to extraordinary termination for just cause and/or cancellation of the contract, as well as the right to delete the Customized Beat of the author, shall remain unaffected. The author may only set off against claims by USPA News insofar as USPA News does not refute such claims or such claims have been established as legally valid.
7. Right of Withdrawal/Rescission
The author has the right to withdraw from the contract within 14 days.
Withdrawal policy:
The author may withdraw from the contract within two weeks without giving reasons. This notice period shall begin no sooner than upon confirmation of these Terms and Conditions, which shall be the case upon ordering any fee-based services. To comply with the withdrawal period, timely sending of the notice of withdrawal by postal mail, fax or email shall suffice. The notice of withdrawal must be directed to the following address:
United Press Agency Ltd.
483 Green Lines
UK London N13 4BS
Via fax to: +44 (0)8723526311
Via email to: contact@unitedpressagency.com
Consequences of withdrawal:
Once the withdrawal goes into effect, the contractual partnership shall expire and any services performed by both parties shall be restored. The deciding factor for compliance with the withdrawal period shall be the timely dispatch of the notice of withdrawal.
Forfeiting the right of withdrawal:
The right of withdrawal may not be applied for services performed according to special instructions given by clients or tailored to the personal needs of clients. In the event that the author has already accepted personalized services while the withdrawal period was in effect, the right of withdrawal shall expire. The right of withdrawal of the author shall expire early if USPA News has already begun performing or releasing personalized services before the end of the withdrawal period and such services are subject to a fee, e.g. the issuance of a personalized press or photographer pass or issuance of one or more letters of confirmation from the editorial office.
End of the withdrawal policy
8. Right to Make Amendments
USPA News reserves the right change any amounts payable by the author at the beginning of a new settlement period. The author shall receive adequate notice of any impending changes via email or postal mail. In the event of a price increase, the author has the right to extraordinary termination of the contractual relationship within four weeks following receipt of notice of such change. Otherwise, the author shall accept such price increase, insofar as USPA News, in the notice about the price increase, has provided express notification of the consequences of a failure to exercise the right to extraordinary termination.
These General Terms and Conditions may be amended by USPA News at any time and without giving reasons. Amendments shall be announced in due time. Any author has the right to refute amendments. Failure to refute amendments within four weeks following their announcement shall constitute acceptance by the author. However, USPA News shall notify the author of the consequences arising from a failure to refute amendments. In the event that the author refutes any amendments, USPA News may terminate the contractual relationship at the time the amendments to these Terms and Conditions become effective. At the time of termination, the Customized Beat of the author shall be deleted. Independently thereof, USPA News may, at any time, revoke services that have previously been voluntary and/or free, and/or change such services into fee-based services.
9. Term of Contract and Termination
In the event that the contractual relationship is concluded on a fixed-term basis, termination shall only be permissible at the end of the agreed term. The contract shall automatically be renewed for another year if no notice of termination is received before the end of the term, provided there has been no other agreement. The use of the subdomain or Customized Beat may be terminated at the end of each quarter, provided a two-week notice is given. Early termination is also possible; however, in that case, the author shall have no right to reimbursement of fees already paid. Notice of termination shall be sent by postal mail, fax or email to the following address:
United Press Agency
483 Green Lanes
UK London N13 4BS
Via fax to: +44 (0)8723526311
Via email to: contact@unitedpressagency.com
The right of extraordinary termination, as well as USPA's right of termination without notice for just cause, shall remain unaffected. In particular, notice of extraordinary termination shall be given in the event of a culpable violation against any obligations listed under section 4/II, as well as in the event of a price increase according to Art. 9. In the event of a violation against one of the obligations regulated by section 4/II, an extraordinary termination may go into effect immediately, particularly in the presence of just cause (e.g. a violation on the part of the author of items 4/II b), c), d), e), h) and i) of the General Terms and Conditions, or a violation, despite a written warning, of the interests of USPA News or other business partners on the part of the author.) In this case, the contractual relationship shall end with immediate effect and the author shall waive all right to asserting any claims against USPA News. The determination of just cause lies in the discretion of USPA News. For technical reasons, the author's data will be deleted two to four weeks following termination of the contract.
The author has no right to assert any claims for reimbursement of fees already paid, neither in case of regular nor early termination. In addition, the author shall waive the right to assert any potential claims.
10. Data Protection and Consent Clause
USPA News shall observe data privacy regulations. Personal data shall only be stored and disseminated insofar as this is required in the course of performance of the contract. The author agrees to the storage of his/her data by USPA News, provided that all data protection regulations are being observed, and permits the use of such data for business-relevant processes. Furthermore, the author permits USPA News to establish a Customized Beat, including a subdomain, on behalf of the author. USPA News may include personal information about the author in the context of the Customized Beat. This includes name, address or contact information; particularly, however, data pertaining to the legal notice or contact information. The author authorizes such use by USPA News.
11. Network Down Time, Access and Technical Requirements
The author may use his/her Customized Beat as permitted by the current status of the technology provided by USPA News. Constant access can be largely assured, albeit down time is possible. At times, USPA News may restrict certain services temporarily due to capacity constraints, server overload, security reasons or the implementation of technical maintenance measures. The same applies for maintenance work required to support or improve the proper operation of the news portal. Down times will be kept as short as possible, as USPA News will take the legitimate interests of the authors into consideration. Thus, no claims with regard to the down times mentioned above may be asserted.
12. General Exemption from Liability
USPA News shall only be liable for damages other than those caused by injury of life, body or health insofar as such damages result from willful or grossly negligent actions on the part of USPA News or from a culpable violation of the material contractual obligations by USPA News. This shall also apply to any damages resulting from a breach of obligations during contract negotiations and/or from illegitimate actions. Any liability beyond these regulations which would result in any claims for damages shall be excluded.
Except in the event of willful or grossly negligent misconduct, breach of a material contractual obligation, or damage to life, body and health on the part of USPA News, liability shall be limited to the extent of any damage foreseeable at the time the contract is concluded and shall not exceed average damage amounts typical of the contract. This clause shall also apply for consequential damages, in particular with regard to lost profits. No guarantee shall be given by USPA News concerning the information provided on the news portal with regard to timeliness, quality, accuracy or admissibility under competition law. Liability claims against USPA News relating to material or immaterial damage shall be strictly excluded, insofar as such claims arise from the use of or failure to use the information provided or the use of erroneous or incomplete information. USPA News reserves the right to modify, amend, delete or permanently cease the service, the news portal, or the entire offer without giving notice.
13. Special Exemption from Liability and Indemnification by the Author
The author shall be liable for any use of the service under his/her login information, provided that fault on the part of the author is determined. In the event of misuse of the login information, the author shall prove that he/she is not responsible for such misuse. In the event that third parties assert claims against USPA News which arise from a violation of their rights, in particular with regard to copyright, licensing, competition or other property rights, the author shall exempt USPA News from all such claims. Any expenses associated with the infringing contents shall be carried or reimbursed to USPA News by the author. Furthermore, the author agrees to support USPA News in its attempts to resolve any claims by third parties relating to the author's contents, and to provide all necessary documents required for defense purposes.
Rights to and liability for the editorial contents supplied by the author:
The author shall bear sole responsibility for all contents (editorial contents) published by the author via the news portal. The author shall also be liable for the content, its accuracy, as well as the legal admissibility of all written materials and photographs published by the author via the news portal. By submitting editorial content, the author affirms that he/she has the right to publish such content on the news portal. USPA News is not obligated to review content for possible violations of third-party rights. Furthermore, the author shall hold USPA News harmless against any and all claims by third parties. All photographs and trademark rights used by the author on the news portal shall be backed by the author's assurance that he/she has the legal right to use them, which he/she must be able to prove by showing the corresponding licenses upon request. The submission of editorial contents and/or links to contents which are of a racist, illegal, pornographic or forbidden nature, might be considered harmful to minors, or glorify violence, is prohibited.
14. Copyright and Usage Rights
All content offered on USPA News is subject to usage rights, and in some instances copyrights, which are held by USPA News. Managing a Customized Beat does not grant the author an express and implied right to use other content not provided by him/herself for commercial purposes. Any protection notices must remain unaltered. Any reproduction, translation, granting of resell rights or use of third-party content, whether in whole or in part, is prohibited. The use of individual contents, whether on a free or fee-based basis, is prohibited. For each violation against copyright law, the author shall pay a fine in the amount of USD 5,000. Company logos published on the news portal may only be used in commercial transactions after obtaining prior written consent.
15. Applicable Law and Final Provisions
Should any of the provisions of this contract be or become invalid or null and void, the validity of the remaining provisions shall not be affected. In this event, the contractual parties shall replace the invalid or void provision with a valid provision which meets the economic intention of the invalid or void provision as closely as possible. No verbal ancillary agreements have been made. Any amendments or other agreements must be made in writing in order to be effective. Place of performance and place of jurisdiction for both parties with regard to all services under this contract shall be Las Vegas, Nevada. This also applies to any disputes arising from the legal relationship between USPA News and the author.
