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| Terms of Service | ||
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1. Services and Conditions of Use Welcome to NewMediaNetwork's Lifestyle Network. As part of our service, NewMedias' Lifestyle Network (NMLN) agrees to provide you with interactive features, access to member information and other services that NMLN may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, NMLN may modify this Agreement at any time. You agree and continue to agree to use NMLN Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement. 2. Rules For Online Conduct in Interactive Features. By using the Service, you agree that you will not post any of the following material in Service chatrooms, discussion groups or other interactive features any of the following: Statements or postings which violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, NMLN may at its sole discretion terminate Customer's account. 3. Price And Payment Customer agrees to pay all charges to Customer's account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. NMLN reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges effective upon prior notice to Customers. Customer must provide NMLN with valid credit card information. Please Note: NMLN will automatically renew and charge Customer's account as follows: The renewal charge shall be equal to the original customer signup price, unless otherwise notified in advance by NMLN. Customer will have thirty (30) days after the date that any renewal fee is posted to Customer's charge account to notify NewMedias' Lifestyle Network that he or she wishes to cancel his or her fees or subscriptions. NewMediaNetwork.com will cancel Customer's account upon receipt of such notification and post a credit to Customer's charge account equal to the latest renewal fee charged. Customers right to use the Service is subject to any limits established by NMLN or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned to NewMedias' Lifestyle Network for any reason, including chargeback, NMLN reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of NMLN hereunder. Customer understands that the initial membership fee and initial directory subscription fees are not refundable. Renewal fees and subscriptions are subject to membership approval as outlined above. If Customer has a balance due on any NMLN account, Customer agrees that NMLN can charge these unpaid fees to their credit card. NMLN reserves the right to establish a credit limit (the "Ceiling") for each Customer. If a Customer's account reaches the ceiling at any time, Customer agrees that NewMedias' Lifestyle Network may immediately bill their credit card for all unpaid charges on account. Until further notice, the ceiling for each Customer shall be $200. If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored on the Service), Customer must promptly change Customer's password and notify NewMedias' Lifestyle Network of the problem (by notice given as described in Section 9 below) to avoid possible liability for any unauthorized charges to Customer's account. 4. Non-Transferability of Membership NewMediaNetwork.com grants to Customer a personal, non-exclusive, non-assignable and non-transferable license to use the NewMedias' Lifestyle Network on any machine(s) of which Customer is the primary User. Customer acknowledges that Customer may not sublicense, transfer, sell or assign this membership license. Any attempt to sublicense, transfer, sell or assign the membership license is void. 5. Customer Posting of Materials NewMedias' Lifestyle Network grants Customer permisssion to post files for online distribution on Profiles, or other services as deemed available by NewMedias' Lifestyle Network, on the Service. The posting of any other type of file and the posting of unauthorized links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings: Customer acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Customers only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that BPN and/or third-party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials. 6. Limitation Of Liability And Warranty CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. NEWMEDIAS' LIFSETYLE NETWORK'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE NEWMEDIAS' LIFSETYLE NETWORK MEMBERSHIP LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, NEWMEDIAS' LIFSETYLE NETWORK DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT BPN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER. NEITHER NEWMEDIAS' LIFSETYLE NETWORK NOR ANY OF ITS OWNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. 7. Trademarks NMLN and NewMedias' Lifestyle Network are trademarks and the property of New Media Solutions, Inc. All other trademarks appearing on the Service are trademarks of their respective owners.
8. Notice 9. Indemnification Customer agrees to indemnify and hold NewMedias' Lifestyle Network harmless from any dispute which may arise from a breach of terms of this Agreement or from any action occuring as a result of using this NMLN service. Customer agrees to hold NewMedias' Lifestyle Network harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer. 10. Termination Of Service User may terminate this Agreement at the conclusion of the initial year term for subcription or member fees and may choose to not use the service at anytime. NMLN may terminate your account or access rights to this Service at any time, without notice, for conduct that NMLN believes violates this Agreement or other policies or guidelines that NMLN has posted on a NMLN feaure service. NMLN may terminate your account or access rights to this Service for online conduct that NMLN believes is harmful to other Customers, to NMLN business, or to other information providers. 11. Choice Of Law This Agreement shall be construed and controlled by the laws of the State of Virginia. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Virginia. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Virginia. 12. Merger Clause This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between NMLN representatives and Customer. NMLN may amend or modify this Agreement or impose new conditions at any time upon notice from NMLN to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.
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