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Terms of use for NewsMachine
 

1. General Terms and Conditions
1.1 This Agreement ("Agreement") contains the complete terms and conditions that apply to an individual's or entity's use of the business intelligence services for the Internet. The services are NewsMachine BASIC or NewsMachine DELUXE hereinafter referred to as the ("Services") provided by NewsMachine Business Intelligence NMBI AB ("NewsMachine"). As used in this Agreement, "We" means NewsMachine, "You" means the applicant, "Site" means any means for viewing the links electronically, including, but not limited to World Wide Websites, intranets or extranets, "Links" means the links, headlines, source names, quotes, and associated data delivered by NewsMachine as a part of the Service, and "Publishers" refers to the creators of the articles to which we link. There are no exceptions to the following terms and conditions.

2. Acceptance
2.1 By clicking "yes" (or equivalent) You have accepted the terms and conditions for the Service set out in this Agreement.

3. The Service
3.1 The Services automatically collect new material from the Publishers on the Internet that We have selected. You can create a number of search profiles, so called agents. The new material from the sources is then compared to your search profiles and if there is a match you will receive Links to the new material and one or more quotes from the material. You may independently formulate and amend your search profiles.

4. Your undertakings
4.1 You shall choose a personal password to be used for access to the website of the Services. You undertake not to disclose your password to third parties and to ensure that any document containing the password is stored in a safe manner that precludes access by a third party to the password.
4.2 If necessary, You shall notify NewsMachine to block your password via telephone: +46-8-46 50 53 00 or via email:
4.3 You undertake to adhere to applicable copyright laws when using the information that is made available through the Service.
4.4 You are informed that the Service is personal and that You are not entitled to make the Service available to third parties either through forwarding the Links via email or through publishing the Links on a Site. If you are interested in using the links in this way, please contact Enterprise Sales at email:

5. Support for the Services
NewsMachine provides a support service that to a reasonable extent shall assist You when questions or problems arise in relation to the use of the Services. Our support is, if not otherwise notified open on weekdays during normal business hours (9.00-17.00 CET). The support is closed on all Swedish public holidays. You may contact the support via telephone: +46-8-46 50 53 00 or via email:

6. Operation of the Services
6.1 The Services are normally operational during 24 hours a day, seven days a week and 365 days per year but disruption of the Services may occur during those times. The operation is monitored through on-call duty and an automatic alarm system that indicates when disruption of the Service has occurred.
6.2 We do not warrant that the Service is free from errors or disruptions but We undertake to correct errors within reasonable time.
6.3 We reserve the right to correct errors or deficiencies in a manner We see fit and we also reserve the right to shut down the Service for maintenances or upgrades.
6.4 We do not warrant that presented information will be available for a certain period of time since each source independently from NewsMachine will determine for how long the information will be available. NewsMachine is not responsible for any information gathered from a source.
6.5 We are not responsible for:
(i) errors, stoppage or other disruptions of service attributable to You, a third party or other circumstances outside the control of NewsMachine,
(ii) delay or default of the Service due to delays or disruptions of communications networks (such as mobile and fixed telephony, electricity or the Internet or any other electronic communications network) or parts of such communications networks,
(iii) delay or default of the Service due to any other reason outside the control of NewsMachine.

7. Changes to the Service
7.1 We reserve the right to make amendments of the sources used when providing the Service and the routines for operation, technical specifications and systems etc. You are informed that the Services are subject to continual development that will change over time.
7.2 The number of sources on the Internet used for information gathering is several hundred. We do not warrant that a certain source is operable at a certain moment. We are not responsible for any information gathered from a source. We may at any time delete, add or replace sources.

8. Limitation of liability
8.1 NewsMachine is exempt from liability for direct or indirect damages or other inconveniences due to errors in the information, non-delivery or late delivery of the results from the Services. NewsMachine is not liable for infringements or damages that may be inflicted to You by a third party.
8.2 NewsMachine will only reimburse You for verified and reasonable costs incurred as a direct consequence of negligence by NewsMachine. Consequently, You are not entitled to reimbursement for indirect costs, damages or loss such as loss of profit, costs that have become unnecessary and other consequential damages even if NewsMachine has been advised of the possibility that such costs may arise. Furthermore, NewsMachine shall not have any liability for damages arising out of circumstances set out in Section 9 below.
8.3 Regardless of the above, NewsMachine?s aggregated liability according to this Agreement is limited to a sum equivalent to one (1) yearly subscription fee, according to the current price list for the Services.
8.4 A claim for damages is invalid if an action is not brought in a court of law within one year from the day that the Client was made aware or should have been made aware of the circumstance supporting the claim.
8.5 You are not entitled to any other remedies against NewsMachine than what is explicitly set out in these terms and conditions.

9. Grounds for discharge of liability
9.1 NewsMachine is not liable to pay damages nor has NewsMachine any other liability if NewsMachine can show that the liability to pay damages or other liabilities is due to a circumstance that is outside the control of NewsMachine, that NewsMachine not reasonably could be expected to have anticipated and the consequences of which NewsMachine could not reasonably have avoided or overcome. The same shall apply if a subcontractor, consultant or distributor of NewsMachine is prevented from performing an assignment due to such circumstances.

10. Payment terms and invoicing
10.1 You shall pay the subscription fees yearly in advance against invoice from NewsMachine. Furthermore, You shall pay delivery fees related to the Services. Such delivery fees will be charged in arrears in the manner NewsMachine sees fit if the Client orders delivery of the Service via other means than e-mail (such as SMS, MMS or any other mobile messaging system or postal mail, fax etc).
10.2 Payment shall be made within ten (10) days from the date of the invoice. We are entitled to late payment interest rate in accordance with Swedish law and a reminder fee if the payment is made late. The subscription fee and delivery fees shall be determined in accordance with the valid price list from time to time.

11. Suspension
11.1 We may suspend You from the Service if You despite a reminder has not made full payment for the Service within the time stipulated in Section 10 or if You do not fulfil your undertakings according to Section 4 (?Your undertakings?) or any other provision of this Agreement.

12. Premature termination and Term of Agreement
12.1 The subscription enters into force when We have delivered an e-mail containing a confirmation of the password, following an order of the Services from You. The subscription will remain valid for twelve months and will renew automatically if written termination has not been made to NewsMachine at least one (1) month before the end of the twelve-month term.
12.2 Regardless of what is set out in Article 12.1 either party may terminate this Agreement immediately in writing by postal mail or fax if:
(i) The other party commits a material breach of this Agreement and does not remedy such breach within fourteen days following receipt of written complaint from the other party, or
(ii) The other party enters into bankruptcy, enters into composition proceedings or company reorganization, enters into liquidation or for any other reason can be assumed to be insolvent.
12.3 You are not entitled to any repayment of subscription fees if the Client terminates the subscription in accordance with this Article.

13. Intellectual Property Rights
13.1 All intellectual property rights pertaining in and to the Service and the technical solutions regarding the Service is the sole property of NewsMachine or the property of the holder of rights for any such intellectual property that is represented by NewsMachine.
13.2 You may not be use such Intellectual Property to a further extent that expressly permitted by NewsMachine.

14. Transfer of Agreement
14.1 This Agreement is personal and You may not transfer or pledge its rights and obligations according to this Agreement. You may not grant access to the Service or resell or grant sub-licenses to the Service.
14.2 We are entitled to transfer or pledge all or parts of its rights and obligations according to this Agreement to third parties.
14.3 We are entitled to perform its obligations under this Agreement by using sub- consultants or other third parties.

15. Change of the terms
15.1 Amendments or additions to these terms and conditions enter into force one month after notification of such amendments and additions has been sent to You. We are, however, always entitled to issue amendments and additions that enter into force immediately if such amendments are necessary due to law, regulation or decision by a Swedish official authority. If You do not accept such amendment or addition, You are entitled to terminate the subscription with immediate effect. Such termination does not entitle You to any repayment of already paid subscription fee. If You do not terminate the subscription, You shall be deemed to have accepted the new terms and conditions.

16. Consent to use Personal data
16.1 NewsMachine is the controller of personal data in accordance with the Swedish Personal Data Act (1998:204) in relation to the personal data that is processed when providing the Service. You hereby give NewsMachine consent to processes Your personal data to administer the subscription, provide offers and for marketing purposes.
16.2 The search profile of the Client is strictly confidential and We will not disclose information in relation the search profile, unless such disclosure is due to law, regulation or a decision by a Swedish official authority. To query NewsMachine concerning the processing of personal data may contact NewsMachine via telephone: +46-8-46 50 53 00 or via email:

17. Governing law and Arbitration
17.1 This agreement shall be governed by the laws of Sweden.
17.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of three arbitrators.
17.3 The arbitral proceedings shall take place in Stockholm and be conducted in the Swedish language.
17.4 If several parties are named as respondents, they shall jointly appoint one arbitrator and the arbitrations shall be conducted in the same proceedings.

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Terms of use in Word format