Introduction

These are the terms and conditions of use (“User Terms“) for the CrossCheck app (“CrossCheck” or “App”). The Site is operated by or on behalf of Eyewitness Media Hub Ltd trading as First Draft (“we”, “us” and “our”). We are a limited company, registered in England. Our registered company number is 09274763, and our registered office is at 2nd Floor Stanford Gate, South Road, Brighton, East Sussex, United Kingdom, BN1 6SB.

We reserve the right to change these User Terms from time to time by changing them on the Site. Where appropriate we will also notify you and/or your organization of changes directly. These User Terms were last updated on November 2, 2020.

Access to the Site

It is your responsibility to ensure your device meets all the necessary technical specifications to enable you to access and use the App and is compatible with the App. 

Ensuring that the App is robust and available at all times is very important to us and we will use all reasonable endeavours to maintain operability. However, we cannot guarantee the continuous, uninterrupted or error-free operability of the App. We may, from time to time, with or without prior notice, have to temporarily suspend the operation of the App (in whole or in part) for repair or maintenance work; in order to update or upgrade any contents, features or functionality; or in the event of threat to the security of the App or its users. We will use reasonable endeavours to notify you in advance of such suspension and to keep disruption to a minimum. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.

You agree to use the App in accordance with these User Terms. We may, with or without prior notice, suspend and/or terminate your use of your account, or your access to particular spaces in the App, in the event that you have breached any of these User Terms. 

If you have breached these User Terms, we may take such action as we deem appropriate to ensure the integrity and safety of the App. Serious or repeated breaches by you may result in our taking, with or without notice, all or any of the following actions:

• issue of a warning to you;
• immediate, temporary or permanent removal of any content submitted;
• immediate, temporary or permanent withdrawal of your right to use the App;
• legal proceedings against you and/or your organization for reimbursement of all recoverable loss and damage resulting from the breach; and/or
• disclosure of all relevant information to law enforcement authorities as compelled by the law.

The responses described above are not limited, and we may take any other action we deem appropriate.

You must ensure that any registration details you provide, if you choose to provide them, are accurate. When you are provided with login credentials as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur through use of your login credentials and you must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any account, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering prove to be false.

What you are allowed to do

You may retrieve and display content from the App on your device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

You are permitted to use the App and anything available from the App so long as such use is for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation.

What you are not allowed to do 

Except to the extent expressly set out in these User Terms you are not allowed to: 

• ‘scrape’ content or store content of the App on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the App; 
• remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or the servers on which it is hosted; 
• allow others to use your account or use another User’s account.

Intellectual property rights 

Except for user-generated content, all intellectual property rights in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these User Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App. In the event you print off, copy or store pages from the App (only as permitted by these terms and conditions), you should so far as possible, ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the App from time to time. You agree that your use of the App is on an ‘as is’ and ‘as available’ basis. 

Whilst we try to make sure that all technical and administrative information published about the App and its use by First Draft is correct, you should check with us before relying on any such information. 

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the App or relying on any of its content. 

We cannot and do not guarantee that any content of the App will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Your personal information 

Use of your personal information submitted to or collected via the App is governed by our CrossCheck App Privacy Policy.

User content

The App allows you to upload user-generated content, such as tips and supporting information. User-generated content may be shared with First Draft’s network of CrossCheck members (a network of newsrooms, other information providers, and disinformation specialists). You are solely responsible for the content of your submissions and acknowledge that all submissions express the views of their respective authors, and not First Draft’s views.

Your submissions must not:

• impersonate any person or entity or otherwise misrepresent your relationship with any person or entity or misrepresent your identity in any way likely to confuse other users, First Draft, or our CrossCheck members;
• contain, transmit or distribute any unsolicited or unauthorized advertising, marketing or promotional material or other form of solicitation (spam);
• transmit or distribute any virus and/or other code that has contaminating or destructive elements; or
• violate the copyright laws in the user’s jurisdiction.

You agree that, by submitting any submission, you grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to use, distribute, copy, publicly display and/or create derivative works of such submission (in whole or part) and you waive any moral rights you may have in, or to be identified as the author, of such submission.

Whilst we do not pre-screen submissions, we reserve the right to delete, edit, modify or restrict access to any submission submitted by you to the App, at any time without notice to you. 

Complaints about the content of any submission may be sent to info@firstdraftnews.com and must contain details of the specific submission giving rise to the complaint. We will endeavour to resolve all complaints received. Should you receive notice of a non-trivial and non-frivolous complaint about, or a request to clarify or correct, your submission shared on the App, you shall consider such complaint or request and take appropriate action.

External links

The App may include links to external sites. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they or access to them will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or the security of the external site.

General

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

Nothing in these User terms shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation; or
• for any other liability that, by law, may not be limited or excluded. 

Subject to this, in no event shall we be liable to you for any business losses, or indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable. 

If we fail to enforce any of our rights, that does not result in a waiver of that right. 

These User terms may only be varied by us, in writing.

These User terms shall be governed by English law. You agree that any dispute between you and us regarding these terms and conditions or the App will only be dealt with by the English courts.  

Contacting us

Please send any questions you have about these User Terms or any problems concerning the App by email to support@firstdraftnews.com.

 

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