Terms of Use

Belsito Communications Inc. d/b/a Breaking News Desk

Belsito Communications Inc. d/b/a Breaking News Desk operates the website at http://www.breakingnewsdesk.com (the “Website” or “Site”). To assist you in using the Website and to ensure a clear understanding of the relationship arising from your use of the Website, we have created (i) these Terms of Use (the “Terms of Use” or “Terms”) and (ii) the Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, including information that identifies you as an individual (“Personally Identifiable Information”), and our Terms govern your use of our Site, including the services available on the Site (the “Services”). Our Terms and Privacy Policy apply to any Website visitor (collectively, “you”). The terms “Breaking News Desk,” “we,” “our”, and “us” refer to Belsito Communications Inc. d/b/a Breaking News Desk.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.

These Terms govern: (i) your use of the Website; (ii) your provision of information while using the Website (collectively, the “User Content”); and (iii) your use of information obtained through the Website, including information, software, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Breaking News Desk or its licensors and made available to you through the Website (collectively, the “BND Content”). Please read these Terms carefully because they impose legal obligations on you and on Breaking News Desk, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.

If you are agreeing to our Terms of Use on behalf of a company or other legal entity (“Your Organization”), then (i) you represent and warrant that you have authority to act on behalf of, and to bind Your Organization, and (ii) for all purposes in these Terms and the Privacy Policy, the term “you” means Your Organization on whose behalf you are acting.

Nothing on this Website is intended to constitute legal advice; it is for general information purposes only. Your use of the Website does not create an attorney-client relationship.

The information provided on the Website is general in nature and does not apply to any particular factual, legal, medical, financial, insurance, or other situation. As such, you should not rely on the information provided on the Site and instead should seek personalized professional advice for your situation.

For example, articles published by us do not constitute or contain legal advice, but instead provide general information with respect to common issues encountered by the general public with respect to theoretical legal matters. We are not a law firm and the content of our articles is not substitute for an attorney or law firm. As such, we cannot and do not provide any kind of advice, explanation, opinion, or recommendation to any reader about possible legal rights, remedies, defenses, options, selection of forms, or strategies the reader may have. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. Therefore, if you need legal advice for your specific situation, you should consult a licensed attorney in your area.

We are compensated by attorneys for marketing services and thus constitutes paid attorney advertising but do not endorse or recommend any particular attorney or law firm whether identified and/or quoted in any article or advertising in the publication. Nor do we guarantee the reliability or accuracy of any statement or opinion provided by any attorney or legal service quoted or referenced on our Website. We cannot and do not analyze a particular legal situation to determine what attorney or law firm should be introduced to a particular reader. Prior results do not guarantee a similar outcome.

Do not submit or otherwise provide confidential or sensitive information to us in connection with a possible legal matter (“Confidential or Sensitive Information”). We are not a law firm. Accordingly, such Confidential or Sensitive Information will not be considered confidential or privileged. You represent and warrant that User Content does not contain any Confidential or Sensitive Information.

As further explained in our Privacy Policy, our Website may include various advertisements. Advertisements that you may see on the Website may include those relating to attorneys or law firms, or specific legal services provided by attorneys or law firms. Moreover, Breaking News Desk may be owned, in whole or in part, by attorneys and law firms, including those that advertise on our Site or otherwise have a financial interest in the Site and our operations. As further noted in Section 2 (No Legal Advice or Attorney-Client Relationship), however, although we may include attorney advertising on our Website, we do not endorse or recommend any particular attorney or law firm.

Our Privacy Policy explains how we treat information that you provide to us through the Site. By accessing our Website, you consent to our privacy practices as set out in our Privacy Policy, which is available at: www.breakingnewsdesk.com/privacy-policy.

The information, software, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the BND Content, are the property of Breaking News Desk and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Breaking News Desk and its licensors retain all rights with respect to the Website and the BND Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site unless specifically authorized in writing by Breaking News Desk.

7.1. Grant of Rights to Breaking News Desk in User Content.
By submitting User Content when interacting with the Website, uploading files, or otherwise (if such features are available to you), you grant to Breaking News Desk a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing Services to you and for Breaking News Desk’s operations. No compensation will be paid with respect to Breaking News Desk’s use of your User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section 7.1 (Grant of Rights to Breaking News Desk in User Content).
7.2. Grant of Rights to You in BND Content.
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and BND Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or BND Content; (ii) modify or make derivative works based upon the Website or BND Content; or (iii) reverse engineer, reverse compile, or access the Website or the BND Content in order to build a competitive product or service. You may access and view the Website and the BND Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Website or the BND Content.

• AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
  Upload, email, or otherwise transmit User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable, or that contains Confidential or Sensitive Information.
• Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personally Identifiable Information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.
• Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
• Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
• Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personally Identifiable Information.
• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
• Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as through sending “spam” email.
• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
  Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.
• Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all portions of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under our Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SITE OR SERVICES AT ISSUE AND REMOVE THE CONTENT AT ISSUE.

Our Code of Conduct is based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. Breaking News Desk reserves the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 22 (Contact Us).

The Website may contain links to third party websites (collectively “Linked Sites”). Linked Sites may include websites operated by third party vendors that we may engage to provide certain Services to you on our behalf. Breaking News Desk does not own these Linked Sites and Breaking News Desk does not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that you provide to the Linked Sites. Breaking News Desk does not endorse the content of any Linked Site, nor does Breaking News Desk warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to link to another site (including Linked Sites), you agree and understand that such use is at your own risk. For example, if you submit Personally Identifiable Information to a Linked Site, then the Personally Identifiable Information that you submit shall be governed by the Linked Site’s privacy policy and terms of use, and not by Breaking News Desk’s Privacy Policy and Terms of Use.

Breaking News Desk is not responsible or liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online or offline. We have no obligation to become involved in disputes between Site users. If you have a dispute with another Site visitor, then you release Breaking News Desk (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Breaking News Desk DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE, BND CONTENT, AND SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR BND CONTENT, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. Breaking News Desk DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

Breaking News Desk DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SERVICES, AND BND CONTENT IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL Breaking News Desk BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, SERVICES, AND BND CONTENT.

You agree to defend, indemnify, and hold Breaking News Desk and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or the Privacy Policy.

We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.

These Terms shall not be assignable by you, either in whole or in part. Breaking News Desk reserves the right to assign its rights and obligations under these Terms.

These Terms shall be governed in all respects by the laws of the State of New York without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in the State of New York, in the judicial district that includes New Windsor, New York. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Breaking News Desk’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Subject to Section 21 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Breaking News Desk and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

Certain portions of the Website or Services offered through it may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.

In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive the termination of these Terms and shall apply indefinitely: (i) Section 2 (No Legal Advice or Attorney-Client Relationship); (ii) Section 3 (No Confidential or Sensitive Information); (iii) Section 6 (Ownership; Reservation of Rights); (iv) Section 13 (Warranty Disclaimer); (v) Section 14 (Limitation of Liability); (vi) Section 15 (Indemnity); (vii) Section 17 (Assignment); and (viii) Section 18 (General).

These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

Breaking News Desk respects the intellectual property rights of others and requires that its users do the same. If you believe that any Content (including User Content and BND Content) on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (each, a “Work”), please notify us as follows:
info@belsito.com
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the “Repeat Infringer Policy”). If we determine that a user has violated our Repeat Infringer Policy, then we may take in our sole discretion any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user’s account, and/or any interim measures that we deem appropriate.

If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us using the information below:
Breaking News Desk
1 Ardmore Street
New Windsor, New York 12553
United States
info@breakingnewsdesk.com

The effective date of these Terms of Use is May 24, 2019.

© 2020 Belsito Communications, Inc. All rights reserved. No part of this content may be reproduced, stored in any form without written permission from Belsito. Use of the mark Breaking News Desk by Belsito Communications, Inc. is under license from Joseph Belsito.