Welcome to www.newrow.com (the “Services“), home for the newrow_ content sharing community and services, and the newrow_ software (collectively: “the Services“). The Services are owned and operated by Kaltura, Inc., located at 250 Park Avenue South, 10th Floor, New York, NY 10003 (“newrow_” or “Kaltura”).
YOU MAY NOT USE THE SERVICES, UNLESS YOU ARE AT LEAST 16 YEARS OLD.
Use of the Services may be subject to additional terms and conditions that govern the use of any of the Services, and the agreements governing your use of any payment method you provided during the purchase of a subscription or a license to any of the Services. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and conditions.
Acceptable use of the Services
When using the Services, you agree to: (i) abide by all applicable local and international laws, regulations and rules; (ii) take full account for all acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf; (iii) comply with any instructions and technical specifications provided by newrow_, to enable the proper functionality of the Services, including not altering or modifying any computer code provided to you; (iv) communicate your requests, queries and other submissions with respect to your use of the Services only to newrow_; (v) refrain from interfering with, circumventing, manipulating, or disrupting the operation, or the functionality of the Services, and (vi) avoid transferring your account details to any other person without newrow_’s explicit prior written consent.
When using the Services, You agree to refrain from willfully, or carelessly breaching the Terms or any other applicable rules and instructions that newrow_ may convey with respect to the use of the Services; interfering with or disrupting the functionality of the Services; circumventing or manipulating the operation, or functionality of the Services and any service offered through the Services; sending automated or machine generated search queries; uploading false, inaccurate, or misleading content; uploading content which is not compatible with the defined topics, or with the rules of behavior, in any of the services offered through the Services; using robots, crawlers and similar applications to collect and compile content from the Services for the purposes of competing with the Services or with other newrow_’s services or in such ways that may impair or disrupt the Services’ functionality; displaying any of the Services or any part thereof in an exposed or concealed frame, or linking, including in-line linking, to elements on Services, such as images, videos and players, independently from the web pages of the Services on which they originally appear; impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; collecting or processing personal information of the Services’ users without their explicit consent; and uploading commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material, except as expressly permitted and in designated zones only.
User generated Content
newrow_ encourages free speech and open discussion on the Services. However, you may not upload, disseminate, transmit, make available, distribute or otherwise communicate through, or to the Services, or through or to any of the services including therein, content which may reasonably be deemed to be:
Infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks; Identifying minors, their personal details or their address and ways to contact them; Comprising software viruses, Trojan Horses, Worms, Vandals, Spyware or any other malicious applications; Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under any applicable law; Constituting a violation of a person’s right for privacy or right of publicity or of any data protection law; Violating a court restraining order or any other judicial order which prohibits the publication of the content; Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; Constituting unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
newrow_ may review the content on the Services and delete the content or any part thereof, remove it, block access to it, or refuse to upload it on the Services, for any reason that may be considered by newrow_ to be justified, including:
- To prevent misuse of the Services;
- When newrow_ deems the content to be in breach of the Terms, or any other applicable rules and instructions that newrow_ may convey with respect to the use of the Services, or an infringement of any applicable law;
- When your user account is canceled, either by yourself or by newrow_;
- When pursuant to the Terms, an owner of rights in any certain content wishes it to be removed or blocked access to;
- If you upload content to a certain service on the Services and the content is unrelated to the issues, or topics of the service or is harmful, abusive, annoying, or otherwise objectionable in newrow_’s or other users’ view.
newrow_ encourages you to treat content available on the Internet, including any content made available by others on the Services with caution and discretion. Such content is not made available on newrow_’s behalf and newrow_ cannot guarantee its accuracy, credibility, authenticity, validity, integrity or legality.
newrow_ does not warrant or guarantee that any content that you wish to upload to the Services will be uploaded that it will be made available indefinitely.
newrow_ may also delete or block access to content after a certain period of time from initial uploading. Consequently, you may not find content that you or any other user previously uploaded on the Services.
Purchasing a subscription or a license to the Services
You will pay newrow_ the periodic plan fees, in accordance with the plans you selected and their amounts, limits and overage charges presented to you in the online purchase process. Subscription plans are automatically renewed at the end of each plan’s period and you consent to the periodic billing of you automatically renewed plan.
The subscriber may not deviate from the limitations of the designated plan or license, and newrow_ may enforce technological means to prevent such deviations. Any deviation from the designated plan or license will be chargeable according to the Services’ price-list and you hereby agree to pay newrow_ such prices in such an event.
newrow_ may, at any time and in its sole discretion, transform a free–of–charge Service to a fee-based Service and change any applicable rates and payment terms. Failing to settle your payments for a fee-based Service will prevent you from using the Service, notwithstanding any other remedies available to newrow_ under applicable law. All fees are quoted in U.S. Dollars, unless expressly stated otherwise. All fees and prices are quoted exclusive of any applicable sales or use taxes. Any changes in newrow_’s fee schedule will take effect immediately after being posted on the relevant pages of the Services. In the event of termination of the Services and/or your account prior to expiration of the Service Term, you shall remain obligated to make full payment for the Services through the expiration of the Service Term, without refund or setoff.
newrow_ may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. Payment methods are processed and handled through relevant third parties, such as credit card service providers and payment processors. Any payments method is therefore subject not only to these Terms, but also the terms and conditions of such third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you a commission on their end of the transaction. newrow_ is not responsible for such commission, which is strictly within your contractual relations with the relevant payment method processor.
By associating one of more payment methods with your Service account, during registration to the Services, or thereafter, you represent and warrant that you are lawfully permitted to use the selected payment method in connection with the Services. We may require additional information from you before completing payment transactions.
Registration and user account
The Services serve all Internet users. However, certain services may be available to registered users only and against payment of the applicable fees.
BY REGISTERING YOU REPRESENT AND WARRANT THAT YOU ARE 16 YEARS OF AGE OR OLDER, OR ARE THE PARENT/GUARDIAN OF THE USER OF UNDER 16 YEARS OF AGE, AND AGREE TO THESE TERMS.
Alternately, you represent that you are the parent/guardian of the user, and that by registering you consent to their use of the services subject to these Terms.
When you register with the Services, you will be asked to provide certain contact and personal details. Where applicable, we will also ask you to provide us with the necessary information of your payment method to enable you to purchase a license or subscription to fee-based Services. Providing false, incorrect, or outdated information may prevent you from registering and impair our ability to provide you with the Services and to contact you. newrow_ will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Services.
To login, you must use your personal code (such as: email address and password). Alternatively, newrow_ may provide you with a password for accessing your account and may from time to time establish and require additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain Services.
You agree to maintain your access code in absolute confidentiality and refrain from disclosing it to others. Make sure that you change your password frequently and at least once every six months.
You are fully accountable for any outcome that may result from your failure to provide complete details in the course of the registration process, from your failure to keep your account details in confidence, and for any use or misuse of your account as a result of conveying your details to someone else.
You may terminate your account at any time, by using the designated termination form. newrow_ may require you to verify your termination notice by sending an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account will terminate 10 days following your notification, and from that date of termination you will no longer be able to access your account.
Notwithstanding any remedies that may be available under any applicable law, newrow_ may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Services, remove content that you have made available on the Services and take technical and legal steps to keep you off the Services, if Kaltura believes that –
you have abused your rights to use the Services; you have breached the Terms; you deliberately submitted false information; you have performed any act or omission that violates any applicable law, rules, or regulations; you have performed any act or omission which is harmful or likely to be harmful to newrow_, or any other third party, including other users and suppliers of newrow_; or you made use of the Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; you conveyed your account access code to another person; or you are in debt to newrow_ or to another person with respect to any transactions made on or through the use of the Services.
Links to other sites, integrations with third-party services
The Services may include links to content on other web sites and online services. newrow_ does not operate or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be offensive, improper, unlawful or immoral. By linking to a certain website or service, newrow_ does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. newrow_ assumes no responsibility or liability for such third party websites or services, or for their availability.
The Services may include paid advertisements, sponsored links and commercial information (the “advertisements”). By clicking the advertisements, you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. newrow_ is not responsible for any of the advertisers’ practices including their privacy practices, or for the content of their websites, information, messages or offers.
Copyright policy and requests to remove Content
newrow_ respects the intellectual property rights of others. Any requests to remove copyright infringing content from the Services, or counter requests to re-post content, on grounds of mistake or misidentification of the content, will be made in accordance with the Copyright Policy.
All rights, title and interest in and to the Services (except for users generated content), including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to newrow_.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Services, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including electronic, mechanical or optical means, other than expressly permitted in the Terms.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of newrow_’s trademarks, service marks and logos.
You must avoid any action or omission which may dilute, or tarnish newrow_’s goodwill.
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
Videos that you upload to the Services. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to use and make such content available on the Services, in accordance with the Terms.
By uploading content, including videos, images, sounds and text, to the Services, you allow newrow_ to use that content as necessary for the purpose of providing the Services’ functionalities and features that relate to that content (e.g., sharing the content with those users you choose to through the Services).
You further waive all rights of attribution with respect to the use of your content.
By uploading your ideas to the Services, you allow every user to use these ideas and benefit from them, in any available and legal way.
Changes in the Services
newrow_ may from time to time change the Services’ layout, design or display, as well as the scope and availability of the content and services therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that newrow_ does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
Site and service availability
The availability and functionality of the Services depend on various factors and elements, including software, hardware and communication networks, partially provided by third parties. These factors are not fault free, and newrow_ does not warrant otherwise.
Termination of operation
newrow_ may at all times, in its sole discretion, terminate the operation of the Services, or any part thereof, temporarily or permanently. newrow_ may not give any notice prior to the termination of the Services. At any time, content on the Services, may be blocked, removed or deleted without maintaining any backup copy.
You agree and acknowledge that newrow_ does not assume any responsibility with respect to, or in connection with the termination of the Services’ operations and loss of any data as a result.
Amendments to the Terms
newrow_ may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 7 days after an initial notification was posted on the Services’ homepage or any other relevant web pages on the Services, was posted. Other changes will take effect immediately after their initial posting on the Services, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required or ordered.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Services.
newrow_ advises you to periodically read the Terms, as they may change from time to time. These Terms were last updated on June 19, 2020.
DISCLAIMER OF WARRANTY
THE SERVICES ARE PROVIDED FOR USE WITH ALL FAULTS, “AS IS” AND “AS AVAILABLE”. NEWROW_ DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. NEWROW_ DOES NOT WARRANT THAT THE SERVICES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR ERROR, OR THAT THE SERVICES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
NEWROW_, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER THE“GROUP”) WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT AND STRICT LIABILITY, THAT RESULT FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY THE GROUP’S STAFF, OR FROM YOUR RELIANCE ON UPLOADED CONTENT ON THE SERVICES, OR FROM ANY COMMUNICATION WITH THE SERVICES, OR WITH THE GROUP, OR WITH OTHER USERS ON OR THROUGH THE SERVICES, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE SERVICES, REGARDLESS OF WHETHER THE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS, IF APPLICABLE AND SUBJECT TO NEWROW_’S SOLE DISCRETION.
You agree to indemnify, defend and hold harmless, the Group, at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Services, the content that you have posted or made available on the Services, any communications that you conveyed through the Services, or your breach of the Terms, or any other terms, rules or regulations applicable to the use of the Services.
Governing Law, Jurisdiction
Except as provided for in the Copyright Policy, the Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of New York. You agree to resolve any dispute or claim that you may have against the Group and to submit to personal jurisdiction in the exclusive jurisdiction of state and federal courts in the city of New York, New York.
newrow_ may contact you and send you notice via e-mail, regular mail, Short Message Services (‘SMS’), fax messages and postings on the Services. You may contact newrow_’s customer relations, by using the ‘contact us’ form on newrow_, or by using the contact details hereunder. newrow_ reserves the right to publish in public – including on the Services – any communications with you, as long as your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.
newrow_’s contact details:
c/o Kaltura, Inc.
250 Park Avenue South, 10th Floor
New York, NY 10003
Tel 646 290 5445
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by newrow_, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by newrow_’s authorized representative.
Failure on newrow_’s part to demand performance of any provision in the Terms will not constitute a waiver of any of newrow_’s rights under the Terms.
The United Nations Convention on Contracts for the international Sale of Goods will not govern the Terms.
Changes in Ownership
newrow_ may incorporate the ownership or management of the Services as a separate corporation, or transfer ownership rights and title in the Services, to a third party, provided that your rights according to the Terms are not harmed by the transfer of rights. In that case, a copy of the details and information pertaining to you will be transferred to the corporation receiving the rights in the Services and you hereby give your prior consent thereto.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without newrow_’s prior explicit consent in writing.
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms.
“including”, whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.