Terms

1. Use of Our Service

Our Service in a Snapshot. Marketing Renegade Ltd operates an online newsletter design platform called Nock News. Nock News make it easy for business owners and marketing teams to design and share stunning company newsletters.

Nock News is an official brand name of Marketing Renegade Ltd. For the purposes of this Agreement, the names Nock News and Marketing Renegade Ltd are interchangeable.

Eligibility. You may use the Service only if you can form a binding contract with Nock News, and only in compliance with this Agreement and all applicable local, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Nock News. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

License to use the Nock News Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Nock News reserves all rights not expressly granted herein in the Service and the Nock News Content (as defined below). Nock News may terminate this license at any time for any reason or no reason.

2. Nock News Accounts

Your Nock News account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Nock News account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Nock News with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Nock News immediately of any breach of security or unauthorised use of your account. Nock News will not be liable for any losses caused by any unauthorised use of your account.

You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Nock News your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Nock News usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.

3. Service Rules

3.1 General
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Nock News servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorised by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Nock News Content (as defined below), including any Nock News trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Nock News Content; (xiv) using the Service or any Nock News Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any Nock News trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Nock News trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Nock News; (xviii) using any Nock News Content to link to the Nock News website without the prior written consent of Nock News; or (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of Nock News.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorisation from Nock News prior to establishing another account. If you attempt to establish another account without obtaining such authorisation, Nock News may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Nock News in each instance.

3.2 Anti-discrimination
Nock News does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.

4. User Content

4.1 General
Some areas of the Service allow Users to submit and publish content such as news, photographs, illustrations, designs, and other content or information. You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.

4.2 Uploading and Publishing User Content to Nock News.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Nock News reserves the right, but is not obligated, to reject and/or remove any User Content that Nock News believes, in its sole discretion, violates these provisions. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

Your User Content and Nock News’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
Nock News may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to Nock News, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Nock News for the purposes set forth herein. Your User Content is neither obscene, defamatory, or otherwise objectionable. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. You will not transmit unsolicited emails or engage in spamming to publicise or promote your relationship with Nock News.

If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
You will not engage in pay per click advertising using keywords which compete with Nock News’s own campaigns in order to promote your relationship with Nock News nor will you use or engage a third party on your behalf to use Nock News in any domain name. Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Nock News shall send you written notice of such claim, using the email address provided by you to Nock News, specifying the details of the claim as then known to Nock News. Pending the determination of such claim, Nock News may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Nock News.

Nock News takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting and publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Nock News shall not be liable for any damages you allege to incur as a result of User Content. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that Nock News may disclose such User Content to law enforcement or other government authorities.

5. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “Nock News Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Nock News and its licensors (including other Users who post User Content or contribute Stock Media (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Nock News Content. Use of the Nock News Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

6. General

The Service provides certain functionality that allows you to create visual designs (“Nock News Designs”). In some instances, Nock News Designs can be downloaded/exported from the Service as a HTML export. You may create Nock News Designs using only your own User Content, or you may choose to incorporate third party stock media into your Nock News Design. You may Export a Nock News Design comprised solely of your own User Content at no cost. However, you may only Export a Nock News Design comprised in whole or in part of any stock media in accordance with the terms of one of the licenses that apply to the third party stock media in particular.

7. Feedback

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Nock News under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Nock News does not waive any rights to use similar or related ideas previously known to Nock News, or developed by its employees, or obtained from sources other than you.

8. Paid Services

8.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Nock News may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

8.2 No Refunds.
You may cancel your Nock News account at any time; however, there are no refunds for cancellation. In the event that Nock News suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

8.3 Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.

9. Nock News Property

Certain aspects of the service may allow you to obtain certain reputational or status indicators (“Nock News Property”). You understand and agree that regardless of terminology used, Nock News Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Nock News’s sole discretion. Nock News Property is not redeemable for any sum of money or monetary value from Nock News at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Nock News on Nock News servers, including without limitation any data representing or embodying any or all of your Nock News Property. You agree that Nock News has the absolute right to manage, regulate, control, modify and/or eliminate Nock News Property as it sees fit in its sole discretion, in any general or specific case, and that Nock News will have no liability to you based on its exercise of such right. All data on Nock News’s servers are subject to deletion, alteration or transfer.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Nock News’s servers, may be deleted, altered, moved or transferred at any time for any reason in Nock News’s sole discretion, with or without notice and with no liability of any kind. Nock News does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Nock News’s servers.

10. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed in the United Kingdom.

11. Security

Nock News cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

12. Indemnity

You agree to defend, indemnify and hold harmless Nock News and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

13. No Warranty

The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Nock News, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

Nock News does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Nock News service or any hyperlinked website or service, and Nock News will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Nock News, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content. Under no circumstances will Nock News be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Nock News assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Nock News, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Nock News hereunder or £100.00, whichever is greater.

No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Nock News has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and operated from its facilities in the United Kingdom. Nock News makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United Kingdom, or are a foreign person or entity blocked or denied by the United Kingdom government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom.

14. Governing Law

You agree that: (i) the Service shall be deemed solely based in the United Kingdom and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Nock News, either specific or general, in jurisdictions other than the United Kingdom. This Agreement shall be governed by the internal laws of the United Kingdom. You agree to submit to the personal jurisdiction of the courts located in the United Kingdom for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

15. Arbitration

For any dispute with Nock News, you agree to first contact us at support@nocknews.com and attempt to resolve the dispute with us informally. In the unlikely event that Nock News has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement through the United Kingdom legal system. You agree that, by entering into this agreement, you and Nock News are each waiving the right to a trial by jury or to participate in a class action.

16. General

16.1 Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nock News without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

16.2 Notification Procedures and Changes to the Agreement.

Nock News may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Nock News in our sole discretion. Nock News reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Nock News is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Nock News may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

16.3 Entire Agreement/Severability.

Any amendments and any additional agreements you may enter into with Nock News in connection with the Service, shall constitute the entire agreement between you and Nock News concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

16.4 No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Nock News’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

16.5 Contact
Please contact us at support@nocknews.com with any questions regarding this Agreement.