Welcome to Awesummly
Last Updated: 9th Feb 2016
NitroLabs Technology (P) Ltd. ("Awesummly," "we," "us," "our") provides its services (described below) to you through its website located at www.Awesummly.com (the "Site") and through its related mobile applications and services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Access and Use of the Service
System and Services Description:
Awesummly is an automated, realtime news summary platfom for every language and every country. Awesummly runs a crawler software that discovers and analyzes millions of news articles, blog posts, user posts, user comments, photos and videos shared on various social network platforms and the wider internet to provide personalized news discovery experience to it's users. Awesummly analyzes the sentiment around a particular story and topics along with it's popularity on social networks which is further used to rank stories.
Modifications to the Service and Software.
Awesummly uses proprietary algorithms to analyze and index data available from third party services such as websites, blogs and social networks and provides personalized news feeds and related posts to users. The ranking, placement and summaries of a story are algorithmically determined. We continuously work towards improving our algorithms to more accurately reflect the actual social sentiment and popularity of stories, photos and videos that we present to our users. Accordingly, we reserve the right at any time, with or without notice to you, to (a) modify our algorithms, and (b) modify or discontinue, temporarily or permanently, the Service (or any part thereof). You acknowledge that such modifications to our algorithms may result in changes to the quality or quantity of information in Awesummly feeds. You agree that Awesummly will not be liable to you or to any third party for any modification of our algorithms, or any modification, suspension or discontinuance of the Service.
Awesummly uses user-generated activity and sentiment in the context of any Publisher's content on social networks to provide the overall personalized and ranked news feed experience to it's users. In this respect, Awesummly allows both the users as well as publishers to opt-out from it's platform. Awesummly does not analyze non-public data unless you give us explicit permission to do so (such as when you log into the Service using Facebook or Twitter). If you are not a user of our Service and wish to opt-out your account for social signals, please click here write to [email protected].
Awesummly may provide access to portions of our Site and Services via RSS feeds or APIs; for the purposes of these Terms, such access constitutes use of the Services. Any such use is also subject to our API Terms.
Your Registration Obligations:
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Awesummly of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Service. Awesummly will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage:
You acknowledge that Awesummly may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Awesummly Feeds, Sentiments, data or other content will be retained by the Service and the maximum storage space that will be allotted on Awesummly's servers on your behalf. You agree that Awesummly has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Awesummly reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Awesummly reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "transmit") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Awesummly. Awesummly reserves the right to investigate and take appropriate legal action against anyone who, in Awesummly's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- a. email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Awesummly, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Awesummly or its users to any harm or liability of any type
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- violate any applicable local, state, national or international law, or any regulations having the force of law
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- solicit personal information from anyone under the age of 18
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
While Awesummly is a free service, if any part of the services are offered for a fee, To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide Awesummly information regarding your credit card or other payment instrument. You represent and warrant to Awesummly that such information is true and that you are authorized to use the payment instrument. We reserve the right to change Awesummly's prices at any time.
The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Awesummly and other entities by notifications, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Intellectual Property Rights
Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws whether by Awesummly or third-party service providers. Except as expressly authorized by Awesummly, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping, reverse-engineering or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith (for example, mobile applications, badges and other widgets) is the property of Awesummly, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Awesummly.
The Awesummly name and logos are trademarks and service marks of Awesummly (collectively the "Awesummly Trademarks"). Other Awesummly, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Awesummly. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Awesummly or third-party Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Awesummly Trademarks will inure to our exclusive benefit. Any permitted use of the Awesummly Trademarks must be in accordance with our policies.
Third Party Material:
Awesummly service provides value addition to its users through aggregation and analysis of thrid-party services. In the process Awesummly may crawl, index and aggregate third-party content and organize it for quick discovery for its users. The content provided by third-party services may be subject to copyright. Users of this service may not violate any rights of third-party publishers and keep their usage within fair use. Under no circumstances will Awesummly be liable in any way for any content uploaded / downloaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Service. You acknowledge that Awesummly may not pre-screen content, but that Awesummly and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Awesummly and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Awesummly, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service:
You are solely responsible for the content and other materials you upload through the Service or share with other users or recipients (collectively, "User Content"). You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Awesummly and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Awesummly are non-confidential and Awesummly will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Awesummly may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Awesummly, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Awesummly respects the intellectual property of others, and we ask our users to do the same. We provision our services within fair use and implied license doctrines. If you believe that your work has been copied or indexed on our platform in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Awesummly of your infringement claim in accordance with the DMCA procedures. A notification of claimed copyright infringement should be emailed to Awesummly's Copyright Agent at [email protected] to enable us to take immediate action.
- NitroLabs Technology (P) Ltd.,
- Building No.1/A/203, Dhanlaxmi Apartment,Lokgram Road,
- Opposite Railway Booking Office,
- Kalyan East, Thane Maharashtra
- INDIA 421306
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- a description of the copyrighted work or other intellectual property that you claim has been infringed
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- your physical or electronic signature
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Awesummly will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 20 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Awesummly has no control over such sites, resources and Awesummly is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Awesummly will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Awesummly is not liable for any loss or claim that you may have against any such third party.
Social Media Services
In addition, Awesummly is not responsible for the accuracy, availability or reliability of any information, data, content, goods, opinions, advice or statements made available in connection with Social Media Services. As such, Awesummly is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Services. The integration or inclusion of such features does not imply an endorsement or recommendation of any particular Social Media Service.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Awesummly EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Awesummly MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PERKS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Awesummly WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Awesummly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Awesummly'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Awesummly IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that Awesummly, in its sole discretion, may suspend, block or terminate your account or access (or any part thereof) or use of the Service and remove and discard your account information or any content within the Service, for any reason, including, without limitation, for lack of use or if Awesummly believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Awesummly may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Awesummly may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Awesummly will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Awesummly will have no liability or responsibility with respect thereto. Awesummly reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Awesummly and govern your use of the Service, superseding any prior agreements between you and Awesummly with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software (including without limitation Social Media Services). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Please contact us at [email protected] or Awesummly, NitroLabs Technology (P) Ltd., Maharashtra
- NitroLabs Technology (P) Ltd.,
- Building No.1/A/203, Dhanlaxmi Apartment,Lokgram Road,
- Opposite Railway Booking Office,
- Kalyan East, Thane Maharashtra
- INDIA 421306