Terms of Service
Terms of Service

Last Updated on September 5, 2017. These terms and conditions are effective immediately for those who access Newton.ai. These terms and conditions (the “Terms”) govern your access to and use of the website newton.ai (“NEWTON Website”), collectively referred to as “NEWTON Service” or “NEWTON”. By accessing or using NEWTON, you are agreeing to these Terms and conditions and concluding a legally binding contract with NEWTON, L.L.C, a company headquartered in Oxford, United Kingdom. Do not access or use NEWTON if you are unwilling or unable to be bound by the Terms.

1. DEFINITIONS

A. Parties

“You” and “your” refer to you, as a user of NEWTON. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses NEWTON. “We,” “us,” and “our” refer to NEWTON as a Company.

B. Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.

“Your Content” means Content that you submit or transmit to, through, or in connection with NEWTON.

“Your Private Information” means a part of Your Content which directly discloses your specific queries, your location, price and meal preferences, as well as places that you are going to visit.

“User Content” means Content that users submit or transmit to, through, or in connection with NEWTON.

“NEWTON´S Content” means Content that we create and make available in connection with NEWTON.

“Third Party Content” means Content that originates from parties other than NEWTON or its users, which is made available in connection with NEWTON.

2. CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of NEWTON is governed by the Terms effective at the time of your access to or use of NEWTON. If we make material changes to these Terms, we will notify you by email or by posting a notice on NEWTON Website prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis, as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of NEWTON after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3. TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with NEWTON, the company, and any inconsistencies among the different versions will be resolved in favor of the English version.

4. USING NEWTON

A. Eligibility and Access to NEWTON Service

To access or use NEWTON, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use NEWTON if you are a competitor of ours or if we have previously banned you from NEWTON.

B. Permission to Use NEWTON

We grant you permission to use NEWTON subject to the restrictions in these Terms. Your use of NEWTON is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

C. NEWTON´S Availability

NEWTON Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

D. User Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through NEWTON, e.g., to let NEWTON call you by name. The easiest way to create an account is to sign up with Facebook. Please review our Privacy Policy to learn more about types of Facebook data that we collect and use. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

5. CONTENT

A. Responsibility for Your Content

You alone are responsible for Your Content, and once submitted to NEWTON, it cannot be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by NEWTON, the company. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

B. Our Right to Use Your Content

We may use Your Content to enrich information about Jobs and companies that we recommend; we may display it to other user, reformat it, incorporate it into other content, and re-distribute it. Please note, however, that we do not expose to other users Your Private Information, which is transmitted to NEWTON as part of Your Content. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Also, you irrevocably waive, and cause to be waived, against NEWTON, the company and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

C. Ownership

As between you and NEWTON, the company, you own Your Content. We own the NEWTON´S Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other NEWTON´S Content, computer code, products, software, aggregate user review ratings, and all other elements and components of NEWTON excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with NEWTON´S Content and NEWTON, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of NEWTON´S Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to NEWTON and the NEWTON´S Content are retained by us.

D. Other

User Content (including any that may have been created by users employed or contracted by NEWTON INC) does not necessarily reflect the opinion of NEWTON. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

6. RESTRICTIONS

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

A. You agree not to, and will not assist, encourage, or enable others to:

i. Report false information and submit fake content to NEWTON about places you have or have not visited;

ii. Use NEWTON to violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

iii. Duplicate, transfer, give access to, copy or distribute any part of NEWTON in any medium without NEWTON´S prior written authorization;

iv. Attempt to reverse engineer, alter or modify any part of NEWTON Service;

v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of NEWTON Service or on any materials printed or copied from NEWTON;

vi. Use NEWTON to violate any applicable law.

B. You also agree not to, and will not assist, encourage, or enable others to:

i. Violate the Terms;

ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit NEWTON or NEWTON´S Content (other than Your Content), except as expressly authorized by NEWTON, the company;

iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of NEWTON or any NEWTON´S Content;

iv. Reverse engineer any portion of NEWTON;

v. Access, retrieve or index any portion of NEWTON for purposes of constructing or populating a searchable database of business reviews and other data that NEWTON operates with;

vi. Reformat or frame any portion of NEWTON;

vii. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on NEWTON`S technology infrastructure or otherwise make excessive traffic demands of NEWTON;

viii. Attempt to gain unauthorized access to NEWTON, user accounts, computer systems or networks connected to NEWTON through hacking, password mining or any other means;

ix.Use NEWTON or any NEWTON´S Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);

x. Use any device, software or routine that interferes with the proper working of NEWTON, or otherwise attempt to interfere with the proper working of NEWTON;

xi. Use NEWTON to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, NEWTON or NEWTON´S Content; or

xii. Remove, circumvent, disable, damage or otherwise interfere with any security related features of NEWTON, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of NEWTON.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us by e-mail contact@newton.ai, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

7. PRIVACY POLICY

You represent that you have read and understood our Privacy Police (falta o link). Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use NEWTON outside of the UNITED KINGDOM, you consent to having your personal data transferred to and processed in the UNITED KINGDOM.

We may use user personal data including Your Private Information to enhance the quality of NEWTON´S recommendations, as well as to add new product features, including but not limited to exposing content from third parties in the conversation.

8. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against NEWTON´S users any claims and assertions of any moral rights contained in such Feedback.

9. THIRD PARTIES

NEWTON may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through NEWTON may be subject to additional third party or open source licensing terms and disclosures.

10. INDEMNITY

You agree to indemnify, defend, and hold NEWTON, the company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “NEWTON`S”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of NEWTON, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with NEWTON, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. NEWTON, the company, reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of NEWTON, the company. NEWTO, the company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF NEWTON`S ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING NEWTON. BY ACCESSING OR USING NEWTON, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

A. NEWTON IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE NEWTON`S ENTITIES MAY NOT MONITOR, CONTROL, OR VET CONTENT PROCESSED AND EXPOSED IN NEWTON. AS SUCH, YOUR USE OF NEWTON IS AT YOUR OWN DISCRETION AND RISK. THE NEWTON`S ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF NEWTON, ITS SAFETY OR SECURITY, OR ITS CONTENT. ACCORDINGLY, THE NEWTON`S ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM NEWTON`S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF RECOMMENDATIONS, PROVIDED BUSINESS INFORMATION, OPINIONS, QUOTES, REVIEWS AND OTHER, OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH NEWTON.

B. NEWTON`S ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY OR NEWTON`S USERS. ACCORDINGLY, THE THOUSAND PLATEAUS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES FEATURED ON NEWTON. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH NEWTON IS AT YOUR OWN DISCRETION AND RISK.

C. THE NEWTON`S ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES RECOMMENDED IN NEWTON , AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE NEWTON`S ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH NEWTON, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF NEWTON.

E. THE NEWTON ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH NEWTON OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE NEWTON ENTITIES IN CONNECTION WITH NEWTON IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

F. THE NEWTON ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

12. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

13. TERMINATION

A. You may terminate the Terms at any time by discontinuing your use of NEWTON, and providing us with a notice of termination by e-mail contact@newton.ai.

B. We may close your account, suspend your ability to use certain portions of NEWTON, and/or ban you altogether from NEWTON for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, NEWTON, Your Content, NEWTON`S Content, or any other related information.

C. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 9 – 13 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

14. GENERAL TERMS

A. We reserve the right to modify, update, or discontinue NEWTON at our sole discretion, at any time, for any or no reason, and without notice or liability.

B. We may provide you with notices, including those regarding changes to the Terms by email or communications through NEWTON.

C. Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

D. The Terms contain the entire agreement between you and us regarding the use of NEWTON, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

E. Any failure on NEWTON`S part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with NEWTON`S prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

H. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Copyright © 2017 NEWTON, Ltd, Buxton Court, West Way, Oxford, Oxon OX2 0SZ, United Kingdom