Contract de Utilizare
By using this site, by click in any way “Send”, “Get In Touch” or similar, you agree to and accept these Terms and Conditions and the following policies and wordings, which are by default herein included and construed as an integral part:
A. Terms and Conditions
C. Copyright and Trademark Policy
D. Cookies Policy
We are an online platform containing legal information for professionals.
Our mission is to collect and distribute legal information in order to connect the world's investors and professionals and to allow them to be more productive and successful.
2. OBJECT OF THE AGREEMENT
2.1 Consent to enter into agreement
2.1.1 When you use our Services, you are entering into a legal agreement and you agree to all the Terms and Conditions including but not limited to these present terms.
2.1.2 You agree that by clicking “Login” “Register”, “Purchase Now”, or similar, registering, accessing or using our products and services (including developer platforms, premium services, or any content or information provided as part of these services, collectively, “Products”), you are entering into a legally binding agreement (even if you are using our Products on behalf of a company) with SC NewsLex SRL (“NewsLex” or “we”). If you do not agree to this Agreement, DO NOT CLICK “Login” “Register”, “Purchase Now” (or similar) and do not access or otherwise use any of our Products.
2.2 Your acquisition rights
2.2.1 Registered users of our Demo are “Users” and paying registered users of our Services are “Clients”. This Agreement and the Terms and Conditions applies to both.
2.2.2 Aquiring our Products gives you a non-transferrable, non-salable access to the domains(s) and Producst(s) included in your purchase.
2.2.3 We are not obligated to publish any information or content on our Products and can remove it in our sole discretion, with or without notice.
2.2.4 Your Product acquisition gives you a non-transferrable, non-salable access to the domains(s) and Producst(s) included in your purchase according with all the terms and conditions of this Agreement, and provided approrpiate payment was performed.
2.2.5 There are no third-party beneficiaries to this Agreement.
2.3. Yearly subscriptions
2.3.1 Yearly subscriptions applies to Products that are continuously under updating policy, like the Law Library.
2.3.3 You agree to pay the amount(s) due per the yearly subscription. You agree to pay the costs of collecting past due bills including attorney, court, and collection agency costs.
2.3.4 Yearly subscription includes access to the domains(s) and producst(s) that you purchased, and not domains(s) and producst(s)that were created after that time, or domains(s) and producst(s)not included in the subscription you’ve purchased.
3.1 By agreeing to this Agreement and paying the invoice in the NewsLex’s bank account as such appears on your invoice, or selecting the “Purchase Now” button (or similar such button for yearly subscriptions) displayed on www.newslex.ro, you are purchasing a product and are agreeing to allow us to charge your bank account for amounts payable to us pursuant to the Price Tables on the site.
3.2 We don't guarantee refunds.
3.3 You'll honour your payment obligations and you are okay with us storing your payment information.
3.4 If you purchase any of our paid Products, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription.
3.5.1 Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
3.5.2 You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new products.
3.5.3 You must pay us for applicable fees and taxes unless you cancel the Products, in which case you agree to still pay these fees through the end of the applicable subscription period. Learn how to cancel or change your Products.
3.5.4 Taxes are calculated based on the billing information that you provide us at the time of purchase.
4.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You're eligible to enter into this Agreement and to acquire and use the Products, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one NewsLex account, which must be in your real name and the company you work for; and (3) you are not already restricted by NewsLex from using the products.
“Minimum Age” means 18 years old for all countries. However, if law requires that you must be older in order for NewsLex to lawfully provide the Products to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The products are not for use by anyone under the age of 14.
4.2. Your Membership
4.2.1 Note that for products purchased by another party for you to use, the party paying for the Products controls such an account (which is different from your personal account) and may terminate your access to it.
4.2.2 As between you and others, your account belongs to you. You will not share an account with anyone else and will follow our rules and the law.
4.2.3 You promise to only provide information and content that you have the right to share, and that your NewsLex profile will be truthful.
4.3.1 To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account.You'll keep your password a secret.
4.3.2 You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
4.3.3 You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
4.4 Notices and Service Messages
4.4.1 You understand that by entering your name and email address on the entry page that you are subscribing to a free, no obligation email notifications.This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us. If the contact information you provide isn't up to date, you may miss out on these notices.
4.4.2 You agree that we may provide notices to you in the following ways: (1) a banner notice on the Product, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date
4.4.3 By entering this website, you agree that you wish to be subscribed to these notifications, and that you will make no threats, and take no additional action against NewsLex, or its owners and administrators or employees or www.newslex.ro in the event you are unhappy that you subscribed or are not able to remove yourself from this free mailing list.
4.4.4 You agree that the small inconvenience of receiving this unwanted notifications will cause you no personal, emotional, or financial harm whatsoever.
4.4.5 You agree that you have opted-in to receive our notifications by providing your first name and email address on our website. If you do not wish to receive our newsletter, simply click on the unsubscribe link at the bottom of the notification.
4.4.6 On occasion, subscribers have had trouble removing themselves from this free mailing list. If you have trouble subscribing or removing, you may contact us for personal attention. If you need further assistance, please contact us directly.
5. NEWSLEX “DOS” AND “DON’TS.”
5.1 You agree that you will:
a) Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b) Provide accurate information to us and keep it updated;
c) Use your real name on your profile;
d) Use the Products in a professional manner.
e) Protect NewsLex harmless form any of the ”don'ts” below.
5.2. You agree that you will not (”don'ts”):
a) Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
b) Copy, sell, distribute and use the information, content or data of others available on the Products except as expressly herein authorized;
c) Sell, sponsor, or otherwise monetize any feature of the Products, without NewsLex's consent;
d) Copy or use the information, content or data on NewsLex in connection with a competitive service (as determined by NewsLex);
e) Copy, modify or create, or otherwise sell derivative works of NewsLex, the Products or any related technology (except as expressly authorized by NewsLex);
f) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the products or any related technology, or any part thereof;
g) Collect, use, copy, or transfer any information obtained from NewsLex without the consent of NewsLex;
h) Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
i) Deep-link to our Products for any purpose, without NewsLex's consent;
j) Remove any copyright, trademark or other proprietary rights notices contained in or on our Products;
k) Violate intellectual property rights of NewsLex and others, including patents, trademarks, trade secrets, copyrights or other proprietary rights. Violate the intellectual property or other rights of Products, NewsLex, including, without limitation, using the word “NewsLex” or our logos in any business name, email, or URL.
l) Imply or state that you are affiliated with or endorsed by NewsLex without our express consent (e.g., representing yourself as an accredited NewsLex trainer);
m) Remove, cover or obscure any advertisement included on the Products;
n) Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Products or any related data or information;
o) Use bots or other automated methods to access the Products, add or download contacts, send or redirect messages;
p) Monitor the products' availability, performance or functionality for any competitive purpose;
r) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Products;
s) Override any security feature of the Products;
t) Interfere with the operation of, or place an unreasonable load on, the products (e.g., spam, denial of service attack, viruses)
u) Creating or operate a pyramid scheme, fraud or other similar practice;
v) Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by NewsLex);
w) Create a false identity on NewsLex;
z) Misrepresent your current or previous positions and qualifications;
aa) Misrepresent your affiliations with a person or entity, past or present;
bb) Misrepresent your identity, including but not limited to the use of a pseudonym;
cc) Create a Member profile for anyone other than yourself (a real person);
dd) Invite people you do not know to join your network;
ee) Use or attempt to use another's account;
ff) Harass, abuse or harm another person;
gg) Send spam or other unwelcomed communications to others;
hh) Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
ii) Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer);
jj) Use NewsLex invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
kk) Send messages in NewsLex’s name to distribution lists, newsgroup aliases, or group aliases;
ll) Post anything that contains software viruses, worms, or any other harmful code;
mm) Create profiles or provide content that promotes escort services or prostitution.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Site and all the materials available on the Site, the Products and all theri content are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site or the Products in a manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site or any Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site or the Product for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
6.2 You acknowledge that NewsLex has the right but not the obligation to use and display any postings or contributions of any kind and that NewsLex may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
6.3 You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or the Product, or incorporate into another website or other service any of our material, content or intellectual property.
7. RIGHTS AND LIMITS
7.1. Content, Sites
When you see or use our content and information posted as our Services, it's at your own risk. In the same time, third parties may offer their own products and services through NewsLex or though the links included in NewsLex Site, and we aren't responsible for those third-party activities.
By using the products, you may encounter content or information that might be inaccurate, incomplete, delayed, obsolete, misleading, illegal, offensive or otherwise harmful. Clients generally must review content provided by NewsLex before using it. You agree that we are not responsible for content or information of the Products or for any damages as result of your use of or reliance on it.
You are responsible for deciding if you want to access or use NewsLex Site or the Products or other linked sites that link from our products. Third party sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, NewsLex is not responsible for these other sites - use these at your own risk.
7.2. Products and Service Availability
We are not obligated to publish any information or content on our products and can remove it in our sole discretion, with or without notice.
We may change or discontinue any of our Product. We can't promise to store or keep showing any information and content you've posted.
We may change, suspend or end any Products, or change and modify prices prospectively in our discretion. To the extent allowed under law and this Agreement, these changes are effective upon notice provided to you.
NewsLex is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that is obsolete, no longer in force or no longer applicable.
7.3. Our License to the Client
We own all of the content, feedback, and information we provide to you, but we also grant you a non-exclusive, non-commercial, limited license to it.
We own the choices to make about who gets to see the information and content.
As between you and NewsLex, we own the content and information that we submit or post to the products and we are only granting you, as Client, the following non-exclusive license: A worldwide, non-transferable and non-sublicensable right to use, copy, modify and process, information and content that we provide through our Services, with proper compensation to us. These rights are limited in the following ways:
a) We can end this license at the end of your yearly subscription without further notice to you and without any compensation to your or to others
b) We can end this license for specific content by deleting such content from the Products, or generally by closing your account to the extent you shared it with others as part of the Products and they copied or stored it;
c) We may edit and make formatting changes to the content (such as update it, translating it, modifying the size, layout or file type or removing data), as many times as we deem necessary and in any manner we may think fit, without your approval or consent and without any notification to you or to others.
d) Because we own our content and information and you only have non-exclusive rights to it, we may anytime make it available to others
e) We can include, anytime we deem necessary, our content or part of it, in advertisements for the products and services of our own or of others (including sponsored content).
7.4. Your License to NewsLex
By submitting suggestions or other feedback regarding our Products to NewsLex, you agree that NewsLex can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. NewsLex may be required by law to remove certain information or content in certain countries.
We have the right to limit how you connect and interact on our Products.
We're providing you notice about our intellectual property rights.
NewsLex reserves the right to limit your use of the Products, to restrict, suspend, or terminate your account if NewsLex believes that you may be in breach of this Agreement or law or are misusing the products (e.g. violating any Do and Don'ts above).
NewsLex reserves all of its intellectual property rights in the products and NewsLex trademarks, service marks, graphics, and logos used in connection with NewsLex are trademarks or registered trademarks of NewsLex. Other trademarks and logos used in connection with the Products may be the trademarks of their respective owners.
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. These disclaimers are applicable to the maximum extent the applicable law allow.
8.1. No Warranty
This NewsLex site is continually under development and Newslex makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. To the extent allowed under law, NewsLex (and those that NewsLex works with to provide the services) (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement); (b) do not guarantee that the Services will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.
We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
8.2.1 Throughout the Site or the Products, we may provide information that was collected from other sites and converted by us, links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
8.2.2 If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not NewsLex. Neither NewsLex nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, NewsLex neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized NewsLex representative while acting in his/her official capacity.
8.2.3 The information, products and services offered on or through the site and by NewsLex and any third-party sites are provided “as is” and without warranties of any kind either express or implied on the content or otherwise. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions or the services will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
8.2.4 We do not warrant or make any representations regarding the content, the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
8.2.5 You agree at all times to defend, indemnify and hold harmless NewsLex its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
9.1 Exclusion of Liability
9.1.1 Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
9.1.2 With regards to legal or financial content on the NewsLex site:
a) Neither Newslex nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are not acting as legal or financial advisers and nothing contained on the site is intended to be or to be construed as legal or financial advice.
b) Newslex is not a legal or investment advisory service, is not an investment adviser or law firm, and does not provide personalized legal or financial advice or act as a financial advisor. www.newslex.ro exists for informational purposes only, and the materials and information contained herein are for general informational purposes only.
c) The information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You are encouraged to discuss any opportunities with your attorney, accountant, financial professional or other advisor.
d) The information contained in this NewsLex site (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice.
e) The end user of this information should therefore use the contents of this NewsLex site and the materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own legal, accounting or other advisors.
f) Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.
g) The information provided in the Services and on the Newslex site is sold and provided on an “as is” basis. Newslex does not promise or guarantee any income or particular result from your use of the information contained herein. Those results are your responsibility as the end user of the product. (some states do not allow limited warranties, so this may not apply to you.) In particular, Newslex shall not be liable to user or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the product or services. These limitations may be affected by the laws of particular states and jurisdictions
9.2. Limitation of Liability
9.2.1 To the extent permitted under law (and unless NewsLex has entered into a separate written agreement that supersedes this agreement), NewsLex (and those that NewsLex works with to provide the services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the Services (e.g. offensive or defamatory statements, down time or loss, use or changes to your information or content).
9.2.2 Under no circumstances, including, but not limited to, negligence, shall we, our shareholders, our directors or employees, subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, the content of the site, including our messaging, comments of others, e-books or reports, emails, products, or services, or third-party materials, products, or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our shareholders, directors, subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
10.1 We can each end this Agreement anytime we want.
10.2 NewsLex or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Products with no further compensation or redeem from our side.
10.3 The following shall survive termination:
a) Our rights to use and disclose your feedback;
b) Sections 6,7,8 and 9 of this Agreement;
c) Any amounts owed by either party prior to termination remain owed after termination.
11. DISPUTE RESOLUTION
11.1 In the unlikely event we end up in a legal dispute, it will take place in Romanian courts, located at the headquarters of NewsLex.
11.2 You agree that the laws of the State of Romania excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement, the Terms and Conditions and/or the Products.
11.3 You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
11.4 As a condition precedent for introducing a claim, you may only bring a law suite against NewsLex, if prior you exhaused all ways of amicable settlement including mediation.
12. NOTICE ABOUT TESTIMONIALS
12.1 Testimonials are all true, reflect the opinions and experiences of real users of NewsLex’s Products, and are submitted to NewsLex voluntarily by customers.
12.2 Some customers that have submitted testimonials may have received a NewsLex Product or service as a “thank you” in appreciation for the time they invested to write or record their testimonials.
13. GENERAL TERMS
Here are some important details about how to read the Agreement.
13.1 This Agreement shall be binding upon and inure to the benefit of NewsLex and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of NewsLex. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by NewsLex to any affiliated entity or any of its wholly owned subsidiaries.
13.2 If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.
13.3 To the extent allowed by law, the Romanian version of this Agreement is binding and other translations are for convenience only.
13.4 This Agreement (including all terms and Conditions and all additional terms that may be provided by us when you engage with a feature of the Products) is the only agreement between us regarding the products and supersedes all prior agreements for the Products.
13.3 If we don't act to enforce a breach of this Agreement, that does not mean that NewsLex has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that NewsLex may assign this Agreement to its affiliates or a party that buys it without your consent.
13.4 We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Products.
13.5 You agree that the only way to provide us legal notice is at the contact details provided below.
14. HOW TO CONTACT US