Terms of Use

Last updated on 13 November, 2020.

By using this website or submitting your particulars to us, you agree to comply with and be legally bound by these terms of use (“Terms of Use”), which shall take effect immediately on your first use of this website (the “Shift Website”), other information channels operated by us or its content (collectively, the “Shift Content”). We suggest that you take the time to familiarise yourself with their contents. 

If you do not agree to be legally bound by all the following terms, please do not access or use the Shift Content.

Disclaimer

To the extent permitted at law, we do not accept any responsibility for any statement in the Shift Content. Nothing in the Shift Content is provided for any specific purpose or at the request or order of any particular person. For the avoidance of confusion, we will not be liable for any loss or damage caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Shift Content or any part of it. You can access other sites via links from the Shift Website. These sites are not under our control and we are not responsible in any way for any of their contents.

The Shift Content may also contain some material provided by third parties and we do not necessarily agree with the content of such material. Where we agree with such content, we will expressly state so. We accept no responsibility or liability for the accuracy, timeliness or completeness of such material.

We give no warranties of any kind concerning the Shift Content. In particular, we do not warrant that the Shift Content or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Copyright

All rights, including copyright, in the Shift Content are owned or controlled for these purposes by Tula Ltd (C84125, Malta) (“We”, “Us”, “Our” or the “Shift”). In accessing the Shift Content, you agree that you may only download and store (in any medium) the content for your own personal non-commercial use or that of your firm or company.

Except where expressly stated otherwise, you are not permitted to copy, broadcast, download, store (on any medium), transmit, show or play in public, adapt or change in any way the Shift Content for any other purpose whatsoever without the prior written permission of the Shift.

We may at times use content which we believe to be in the public domain or otherwise be available for fair use including for journalistic purposes. Any queries regarding copyright and your content should be directed in the first instance to the Shift on info[at]theshiftnews.com with “Copyright” in the subject-line.

We only permit links to the home page of the Shift Website. You may not provide a link to any other page of Shift Website without obtaining our prior written consent. Furthermore, we reserve the right to request you to remove any link to the Shift Content and you agree to remove such link promptly upon request.

User content

Users of the Shift Website, including third party contributors and persons commenting, may be permitted to submit content for publication in various areas of the Shift Website. We may in future introduce Community Guidelines governing user submitted content on the Shift Website, which guidelines will form part of these Terms of Use accepted by you.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are fully authorised by, the owner of any part of the content to submit it to the Shift Website.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and transmit, and to authorise third-parties to use, publish and transmit your content in any format and on any platform, either now known or to be invented.

You acknowledge and agree that when you post content on the Shift Website or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of the Shift, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Shift Website.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content that you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to: (i) post content that is deliberately intended to upset or harm others; (ii) use the Shift Website to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Shift Content or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Shift Content, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Shift Content for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Shift Content may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. The Shift assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Shift Website.

If you are under 18, you confirm that you have permission of your parent or guardian to submit content and abide by these Terms of Use.

Any concerns about any user content appearing on the Shift Content potentially infringing your rights should be directed in the first instance to the Shift on info[at]theshiftnews.com with “User Content” in the subject-line.

Donations

The Shift is an independent investigative journalism and public advocacy platform operating in a local and international environment that is increasingly hostile to persons holding the powerful to account. We depend on your donations to continue to operate independently and improve our reach and content. You can donate here: https://theshiftnews.com/donate/ .

By donating to the Shift you agree that this is a voluntary, irrevocable, gift that you are fully authorised to give and which the Shift may use at its discretion. The Shift will use income from donations to support its journalistic and public advocacy operations. Whilst we are grateful for donations, you acknowledge that this does not create any express or implied relationship between us, other than our gratitude.

We do not accept donations from political parties or their affiliated entities or persons. We also do not accept donations from any commercial entities that do not share our values including transparency, environmental and social responsibility and democracy. Notwithstanding the irrevocability of donations, we reserve the right to refuse or return any donation at our discretion and without providing any reasons whatsoever.

You are not authorised to publicise or otherwise disclose any donations made to the Shift without our express and written consent.

Any donations using PayPal or other third-party payment providers will also be subject to the third-party service providers’ terms and conditions including their fees. Please note that if you agree to a recurring donation and later cancel it, you may be charged until your cancellation is processed by the third-party service provider.

Third party advertising 

You will see advertising material submitted by third parties on the Shift Website. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

Without prejudice to the above disclaimer, we reserve the right to refuse, delete or suppress any advertisements on the Shift Website at any time without needing to provide a reason or right to compensation.

Data protection

To find out what personal data we collect and how we use it, please visit our Privacy & Cookies Statement at theshiftnews.com which forms part of these Terms of Use.

Changes to these Terms of Use

Please note that we may change these Terms of Use from time to time at our sole discretion and we reserve the right to do without your consent. Any revised Terms of Use will be applicable at the time of posting on the Shift Website. 

Please ensure that you review these Terms of Use regularly as you will be deemed to have accepted those amendments if you continue to use the Shift Content after it has been posted.

Indemnification

You agree to defend, indemnify, and hold harmless the Shift, its shareholders, parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees and agents from any and all claims, liabilities, costs, and expenses, including, but not limited to, legal fees and expenses, arising out a breach by you or any user of your account of these Terms of Use or the Privacy & Cookies Statement or arising out of a breach of your obligations, representation and warranties under these Terms of Use.

No waiver

Our failure to insist upon or enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right of the Shift.

Governing law and Jurisdiction

These terms of use shall be governed by and interpreted in accordance with Maltese law.

The Courts of Malta shall have exclusive jurisdiction over all claims or disputes arising in relation to or in connection with the Shift Content and its use, these Terms of Use and the Privacy & Cookies Statement.