NNF / NNM Terms of Service
ALL
PERSONS UNDER THE AGE OF 13 ARE DENIED ACCESS TO THIS
WEBSITE. IF YOU ARE UNDER 13 YEARS OF AGE, IT IS
UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS
WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS
WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL
THAT IS UNDER THE AGE OF 13.
Use of our services constitutes acceptance of the Terms of
Service, as so published.
ACCEPTANCE OF TERMS
NewNetFriends / NewNetMail provides its services subject
to certain terms and conditions including the terms set out below. Collectively,
these are the "Terms of Service" or "TOS". All of these may
be revised by NNF / NNM from time to time, without notice, and will be posted as
amended on our site.
PARTIES
TO THE TERMS OF USE/SERVICE AGREEMENT
Visitors,
viewers, users, subscribers, members, affiliates, or
customers, collectively referred to herein as "Visitors,"
are parties to this agreement. The website and
its owners and/or operators are parties to this
agreement, herein referred to as "Website or
NNF / NNM."
THE NNF / NNM TERMS OF SERVICE
NNF / NNM provides its users with communications tools, forums, events and
other services. These features, and any new features adopted by NNF / NNM,
(collectively, the "Services") are subject to the TOS. You understand
and agree that the NNF / NNM services are provided "AS IS" and that
NNF / NNM does not assume any responsibility for the content of any of these
communications, or for the deletion or failure to display or store any user
communications.
USER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that you, and not
NNF / NNM, are entirely responsible for all Content that you upload, make
available, post, email or otherwise transmit via the Service. NNF / NNM does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will NNF / NNM be liable in any way for any
Content, including, but not limited to, any errors or omissions in any
Content or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not knowingly or intentionally use NNF / NNM to:
a. upload, make available, post, email or otherwise transmit any Content that
is unlawful, harmful, threatening, abusive, harassing, or otherwise
objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
NNF / NNM
employee, moderator or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers including copyright
management information in order to disguise the origin of any Content
transmitted through the Service;
e. upload, make available, post, email or otherwise transmit any Content that
you do not have a right to transmit under any law or under contractual agreement
or relationship;
f. upload, make available, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, make available, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
"multi-level marketing" or any other form of solicitation, except in
those areas or groups that may be designated for such purpose;
h. upload, make available, post, email or otherwise transmit any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
j. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law; or
l. "stalk" or otherwise harass another user.
You acknowledge that NNF / NNM does not pre-screen Content, but that
NNF / NNM
and its designees shall have the right (but not the obligation) in their sole
discretion to take action based upon any violation of the TOS or law, including
refusing any Content that is available via the Service or denying further
access. Without limiting the foregoing, NNF / NNM and its designees shall have the
right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the making
available, downloading or use of any Content.
You acknowledge and agree that NNF / NNM may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of NNF / NNM, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
PRIVACY POLICY AND PURCHASE-MEMBERSHIP AGREEMENT
USE OF NNF / NNM IS CONTINGENT
UPON ACCEPTANCE OF THE TERMS OF SERVICE,
PRIVACY POLICY AND PURCHASE/SUBSCRIPTION AGREEMENT.
USERNAME, PASSWORD AND SECURITY
You will create a username and password upon completing the registration
process. You are responsible for maintaining the confidentiality of the
password, and are fully responsible for all activities that occur under your
username and password. You agree to immediately notify NNF / NNM of any
unauthorized use of your username or password or any other breach of security.
You agree that NNF / NNM cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section.
ADDITIONAL TERMS
Recognizing the global nature of the Internet, you agree to comply with all
rules for your local areas regarding online conduct and acceptable Content. You
further agree to comply with all applicable laws regarding the transmission of
technical data exported from the country in which you reside.
MATERIALS PROVIDED TO NNF / NNM OR POSTED ON ANY NNF /
NNM SERVICE.
NNF / NNM does not claim ownership of the materials, in any format including,
but not limited to, text, images, photographs, audio, or video, that you provide
to NNF / NNM (including feedback and suggestions) or post, upload, input or submit
to any Services or its associated services for review by the general public, or
by the members of any public or private community, (each a
"Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are, subject to the privacy provisions
provided herein, granting NNF / NNM, its affiliated companies and sub-licensees
permission to use your Submission in connection with the operation of their
businesses (including, without limitation, all NNF / NNM Services), including,
without limitation, the transferable, non-exclusive, world-wide, royalty-free,
perpetual, irrevocable, fully sub-licensable right and license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish your name in connection with
your Submission; and the right to sublicense such rights to any supplier of the
Services.
You additionally warrant that each person depicted or recorded in such
Submissions, if any, has provided consent to the use of the Submissions as set
forth in these Terms of Service, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such
Submissions, or that their consent is not required by law for the uses described
above.
No compensation will be paid with respect to the use of your Submission, as
provided herein. NNF / NNM is under no obligation to post or use any Submission
you may provide and NNF / NNM may remove any Submission at any time in its sole
discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms of
Service including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions, or that you have a
license to such rights, or that such rights are covered by fair use.
INDEMNITY
You agree to indemnify and hold NNF / NNM, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you make available, submit, post to or
transmit through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE RIGHTS
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any use of or access to the NNF / NNM Service.
ANTI-SPAM POLICY AND ACCEPTABLE USE
While we encourage you to refer friends, family, colleagues, and others to
use the Service, you may do so only through methods that are consistent with the
terms and conditions of your own Internet service provider as well as prevailing
standards of acceptable Internet use and behavior. In particular, you may not
use the Service, name, trademarks, or other intellectual property of NNF / NNM
in conjunction with the sending of unsolicited email, or cause to be used NNF /
NNM
equipment, network connectivity, or other resources to originate, deliver,
relay, or otherwise transmit unsolicited email messages. You may not engage in
any of these prohibited activities by using the service of any other provider,
third-party agent, remailing service, or address forwarding service, in such a
way that NNF / NNM network addresses or NNF / NNM-hosted Web or email services are
in any way identified as being associated with the sending of unsolicited email.
Other prohibited methods of advertising or promoting your involvement with
NNF / NNM include multiple postings of messages to Usenet newsgroups, mailing
lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services)
or other online forums. Incidents of "spamming" or similar
inappropriate behavior should be reported to NNF / NNM Support using the form in
the Frequently-Asked Questions area.
NO AUTOMATED WEB SITE ACCESS
You may not send automated requests of any sort to the NNF
/ NNM system without
express permission in advance from NNF / NNM. Note that 'sending automated
requests' includes, among other things: 1) using any software which sends
requests to NNF / NNM to determine meta-data on members or data, 2)
"meta-searching" NNF / NNM, and 3) performing "offline"
searches or accesses of NNF / NNM.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that NNF / NNM may establish general
practices and limits concerning use of the Service, including without limitation
the maximum number of messages that may be sent from or received by an account
on the Service, the maximum size of any message or attachment that may be sent
from or received by an account on the Service, the maximum disk space that may
be allotted on the NNF / NNM
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time. You
agree that NNF / NNM has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You further acknowledge that
NNF / NNM reserves the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
NNF / NNM reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that NNF / NNM shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
TERMINATION
You agree that NNF / NNM, in its sole discretion, may terminate your user
access, registration, password, account (or any part thereof) or use of the
Service, and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if NNF / NNM believes that you
have violated or acted inconsistently with the letter or spirit of the TOS.
NNF / NNM may also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without Notice. You agree that any
termination of your access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that NNF / NNM may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the
Service. Further, you agree that NNF / NNM shall not be liable to you or any
third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that NNF / NNM shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links or other means
to obtain access to information from other persons, World Wide Web sites or
resources. Because NNF / NNM has no control over such persons, sites and
resources, you acknowledge and agree that NNF / NNM is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that NNF / NNM shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
NNF / NNM PROPRIETARY RIGHTS
You acknowledge and agree that the Service, the NNF / NNM Web Site, and any
necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or advertisers may be protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by NNF / NNM or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service, the
NNF / NNM Site, or the Software, in whole or in part.
NNF / NNM grants you a personal, non-transferable and non-exclusive right and
license to use the Service; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the
Service. You agree not to access the Service by any means other than through the
interface that is provided by NNF / NNM for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. NNF / NNM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NNF / NNM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM NNF / NNM OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NNF / NNM SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF NNF / NNM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
NOTICE
Notices to you may be made via posting on the NNF / NNM website, email or
regular mail. The Service may also provide notices of changes to the TOS or
other matters, although there is no requirement to do so, by displaying notices or links to notices to you generally on the
Service.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING
WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS,
OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of
the visitor or any person the visitor subsequently communicates with from
corrupting code or data that is inadvertently passed to the visitor's
computer. Again, visitor views and interacts with this site, or banners or
pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at
this own risk. Website makes no warranty that
downloads are free of corrupting computer codes,
including, but not limited to, viruses and
worms.
DISPUTES
As part of the consideration that the Website
requires for viewing, using or interacting with this
website, Visitor agrees to use binding arbitration for
any claim, dispute, or controversy ("CLAIM")
of any kind (whether in contract, tort or otherwise)
arising out of or relating to this purchase, this
product, including solicitation issues, privacy
issues, and terms of use issues.
Arbitration shall be conducted
pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute
is submitted to the American Arbitration Association.
Information about the American Arbitration
Association, its rules, and its forms are available
from the American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, New York, 10017-4605.
Hearing will take place in the city or county
designated by NNF / NNM.
In no case shall the viewer, visitor, member,
subscriber or customer have the right to go to court
or have a jury trial. Viewer, visitor, member,
subscriber or customer will not have the right to
engage in pre-trial discovery except as provided in
the rules; you will not have the right to participate
as a representative or member of any class of
claimants pertaining to any claim subject to
arbitration; the arbitrator's decision will be final
and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the
other party for any and all costs associated with the
dispute arbitration, including attorney fees,
collection fees, investigation fees, travel
expenses.
JURISDICTION,
VENUE and APPLICABLE LAW
The TOS along with the Privacy Policy and Purchase/Membership agreement
constitute the entire agreement between you and NNF / NNM and govern your use of
the Service. The TOS and the relationship between you and NNF / NNM shall be
governed by the laws of the Nevada without regard to its conflict of law
provisions. The failure of NNF / NNM to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and all other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the TOS are for convenience only and have
no legal or contractual effect.
TRADEMARK INFORMATION
The name NNF / NNM and NNF / NNM service mark are trademarks of
NNF / NNM
(the "NNF / NNM Marks"). You agree not to use in commerce any of the
NNF / NNM Marks without the explicit permission of NNF / NNM..
COPYRIGHTS and COPYRIGHT AGENTS
NNF / NNM respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact NNF / NNM as set forth below.
NNF / NNM respects copyright law and expects our users to do the same.
Unauthorized copying, distribution, modification, public display, or public
performance of copyrighted works is an infringement of the copyright holders'
rights. You should be aware that some files may have been created or distributed
without copyright owner authorization. As a condition to your account with
NNF / NNM, you agree that you will not use the NNF / NNM service to infringe the
intellectual property rights of others in any way.
NNF / NNM has the right to
terminate the accounts of users who are repeat infringers of the copyrights, or
other intellectual property rights, of others. In addition, NNF / NNM reserves the
right to terminate the account of a user upon any single infringement of the
rights of others in conjunction with use of the NNF / NNM service, or if NNF /
NNM
believes that user conduct is harmful to the interests of NNF / NNM, its
affiliates, or other users, or for any other reason in its sole
discretion, with or without cause.
In accordance with the U.S. Digital
Millennium Copyright Act of 1998 (the text of which may be found on the U.S.
Copyright Office web site at http://lcweb.loc.gov/copyright/), NNF / NNM will
respond expeditiously to claims of copyright infringement committed using the
NNF / NNM service that are reported to NNF / NNM.
Claims of infringement should be
in writing and should be directed to NNF / NNM as noted below. Please include the
following information:
A signature of a person authorized to act on behalf of the owner of the
copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located
on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
CONTACT
INFORMATION
You may direct questions and any violations (Copyright,
TOS), to us through the Customer Service or
Contact link on the home page of the website.
Copyright infringement's and Terms of Use/Service
Violations to
iCorr address NewNetFriends or iCorr address NewNetMail
or by postal mail to:
Rex Venture Group, LLC
Dba NewNetFriends.com / NewNetMail.com
7469 W. Lake Mead Blvd. Ste 200
Las Vegas, NV 89128 USA