Welcome to the website (however accessed) and other interactive features or downloads (e.g., widgets) that are accessible or downloadable through, or related to, the website and owned by New World Agency Inc. New World Agency Inc. provides you access to other sites controlled by us (including, but not limited to, www.newworldagency.com)and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth below.
Registration and Password
Certain portions of our Site, including, but not limited to, when you make purchases, may require registration. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the Registration Data and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or New World Agency Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, New World Agency Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to create a user name, password and account designation upon completing the registration process. User names should not include your full name and we recommend that you select a fanciful name. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You may never use or access another person’s account without permission, impersonate another user, or seek another user’s password or personally identifiable information. You agree to (a) immediately notify New World Agency Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. New World Agency Inc. will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement, any unauthorized access to your password or your failure to adequately protect your password.
New World Agency Inc. Intellectual Property Rights and Limited License
you keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials;
you make no modifications to the Materials, except as specifically permitted by us;
you do not allow or aid or abet any third party (whether or not for your benefit):
reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site;
you do not insert any code or product to manipulate the Materials in any way that affects any user’s experience; and
You further agree that you will not:
modify, frame, reproduce, archive, sell, lease, rent, exchange, encumber, hypothecate, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose (except as specifically permitted by us); and/or
use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or internet browser usage).
New World Agency Inc. reserves the right to modify the license granted in this section and the restrictions described in this section in writing on the Site, including, without limitation, by charging fees therefor and/or making certain features available through the Site that may invite you to use the Materials in a manner not described above.New World Agency Inc. may add, change, discontinue, remove or suspend any of the Materials at any time, without notice and without liability. Any attempt by you to sublicense, transfer or assign the Material will be void.
While we are looking forward to receiving your materials when we specifically ask for them or invite you to post them, it is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and then subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, you agree that any User Content (defined below) you do transmit to us electronically or otherwise will be treated as non-confidential and we may use such any way we want with no obligation to you.
New World Agency Inc. does not claim ownership of any communication or material you submit or make available for the Site by electronic e-mail or otherwise and you are entirely responsible for everything you upload, post, email or otherwise make available on the Site and you retain ownership thereof provided, however, that by uploading, posting, emailing or otherwise making available any User Content on the Site or otherwise to us, you hereby unconditionally and irrevocably transfer and assign to New World Agency Inc., its parent and its and their affiliates, subsidiaries, successors, assigns and licensees, in perpetuity, the royalty-free right and license (with the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display and otherwise exploit the User Content you send to New World Agency Inc., in all languages and throughout the universe, in any form, media or technology now known or hereafter devised. You acknowledge and expressly agree that any such communications or materials you transmit or post may be used by New World Agency Inc., its parent and its and their affiliates, subsidiaries, successors, assigns and licensees, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such information, and you hereby waive the right to receive any financial or other consideration in connection with such information, including, without limitation, credit. You also agree that New World Agency Inc. may disclose any of same, or any part thereof, to any third party for any reason, including, without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, or any law enforcement request, to enforce New World Agency Inc.’s rights, to analyze or respond to third party claims or generally protect New World Agency Inc. and its users. Any modification of this submission policy and license must be in writing and signed by an authorized New World Agency Inc. signatory. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to any reversion.
Solely in connection with your personal website pages dedicated to New World Agency Inc. or your activities on any portion of this Site, we grant you, on a non-exclusive basis, revocable (at New World Agency Inc.’s sole discretion) permission to reproduce and redistribute on the fansite to end users, certain New World Agency Inc. images, graphics or artwork and certain New World Agency Inc. trademarks and logos that New World Agency Inc. may expressly designate on the “Blogs & Videos” portion of the Site (“Licensed Site Content”), so long as you comply with the terms and conditions described here and on the Site, as those terms and conditions may be modified from time to time in New World Agency Inc.’s sole discretion. Without limitation, the following terms and conditions apply to such permitted use of Licensed Site Content off-Site:
1. You must include a prominent link to the Site’s homepage in connection with any of your use of Licensed Site Content permitted hereunder.
2. As the operator of an independent, unaffiliated web site, you will have sole editorial control over the MMA News except that you represent and warrant to New World Agency Inc. that the MMA News will not post material that is illegal or infringes on the rights of third parties, harms the reputation of New World Agency Inc., its parent or affiliate companies, or its officers or employees. If at any time you post any such material, this permission automatically terminates. Your ownership in the MMA News excludes any Licensed Site Content (excluding elements you submitted) and/or New World Agency Inc. trademarks and excludes any derivative works to the extent based upon or including Materials and/or New World Agency Inc.’s trademarks. The MMA News as that term is defined in the copyright law, title 17 United States Code. Additionally, any use or distribution by you of any Licensed Site Content, including without limitation, by email must comply with all applicable laws.
3. You agree to include, and not remove or alter, New World Agency Inc.’s trademark, copyright or other proprietary rights notices, as provided on the MMA News and email page(s) when displaying any Licensed Site Content and/or New World Agency Inc. trademarks, and you agree to comply with usage guidelines that may be provided by New World Agency Inc. from time to time. You agree that all goodwill that arises in connection with your use of New World Agency Inc. trademarks in uses exclusively to New World Agency Inc. and agree not to challenge New World Agency Inc.’s ownership or control of any New World Agency Inc. trademarks, nor use or adopt any trademarks that might be confusingly similar to such New World Agency Inc. trademarks.
4. New World Agency Inc. reserves all rights, title and interest in and to all Materials and New World Agency Inc. trademarks which are not expressly granted. You shall not sale, rent, lease, reproduce, modify, translate or create derivative works of Materials except as expressly permitted herein, nor create any derivative works (including, without limitation, fiction or visual art) from, or in any way exploit, any of the Materials, without the express written permission of New World Agency Inc. You may not host the Site or any Site activity or use any of the Site’s tools, applications or software, including without limitation the Site’s communications and/or show creation tools. The Materials (excepting only the elements you submitted) you are given a limited permission to use remain owned or controlled by New World Agency Inc. and you may not make any commercial use thereof nor may the MMA News or email page(s) on which they exist, sell, rent or lease, or advertise or promote, any products, services or commercial activity. The creation and sale of merchandise based on any aspect of the Site or upon Materials (excepting only the elements you submitted) or New World Agency Inc. trademarks is expressly prohibited.
5. If you intend to charge a subscription or access fee to generate revenue from the MMA News, you are required to notify us before you do so. The limited permission granted here with respect to MMA News use of certain Materials and New World Agency Inc. trademarks does not cover such circumstances.
6. Under no circumstances will New World Agency Inc. be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. New World Agency Inc. reserves the right, in its sole discretion, to expressly refuse this permission to any particular MMA News or user, or to revoke this permission at any time (in New World Agency Inc.’s sole discretion).
Copyright and Trademarks
The content of the Site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual materials, graphics, music and sound. The entire contents of the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, New World Agency Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such materials, as well as in the content original to New World Agency Inc. Third-party content providers own the copyright in content that is original to them. “New World Agency Inc.”, The “New World Agency Inc. logo”, Tradename New World Agency Inc., as well as other marks that may appear on the Site, are the service and trademarks of New World Agency Inc. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without New World Agency Inc.’s written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to New World Agency Inc. or their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of New World Agency Inc.
No Implied Endorsements The appearance of any celebrities, persons, content or trademarks on the Site is not intended to suggest an endorsement or sponsorship of our Site unless an endorsement or sponsorship is expressly made by New World Agency Inc.
Advertising, Links, Linking and Other Sites
This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because New World Agency Inc. has no control over such sites and resources, you acknowledge and agree that New World Agency Inc. has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by New World Agency Inc. of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. New World Agency Inc. does not author, edit or monitor these pages or links. You further acknowledge and agree that New World Agency Inc. is not 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 these other sites or resources.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers) as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).
New World Agency Inc. hereby grants you a non-exclusive, limited licensee, revocable at New World Agency Inc.’s discretion, for you to link to New World Agency Inc.’s home page from any site you own or control that is not commercially competitive to New World Agency Inc. and does not criticize or otherwise injure New World Agency Inc., so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by New World Agency Inc. All of New World Agency Inc.’s rights and remedies are expressly reserved.
Representations and Warranties
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” , “AS AVAILABLE” AND “WITH ALL FAULTS BASIS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, New World Agency Inc., ITS PARENT, SUBSIDIARIES AND AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, AGENTS, VENDORS OR CONTRACTORS (COLLECTIVELY, “New World Agency Inc. PARTIES”) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO): (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) THE APPLICATIONS AND/OR DOWNLOADABLE ITEMS ASSOCIATED WITH THE SITE; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (F) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED AT THE SITE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO New World Agency Inc. OR VIA THE SITE. IN ADDITION, THE New World Agency Inc. PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS.
IN ADDITION, New World Agency Inc. PARTIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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. UNDER NO CIRCUMSTANCES WILL New World Agency Inc. BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
New World Agency Inc. PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. New World Agency Inc. PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND New World Agency Inc. PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT. BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
New World Agency Inc. PARTES DO NOT ENDORSE THE USER CONTENT, ARE NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITE.
Termination, Discontinuance and Interruptions
New World Agency Inc. MAINTAINS THE RIGHT TO DISCONTINUE OPERATION OF THE SITE, OR YOUR USE OF THE SITE, IN EITHER CASE, IN WHOLE OR IN PART, AT ANY TIME, IN ITS DISCRETION, WITH NO OBLIGATION TO YOU, IN WHICH CASE YOUR ACCOUNT MAY BE TERMINATED, ANY POSTINGS OR OTHER CONTENT MAY BE DESTROYED.
New World Agency Inc. reserves the right to interrupt the services with or without prior notice for any reason or no reason. You agree that New World Agency Inc. will not be liable for any interruption of the service, delay or failure to perform, and you understand that except as otherwise specifically provided in New World Agency Inc.’s written billing policies (including, but not limited to, The Secure Shopping Terms and Conditions of Sale and New World Agency Inc. has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the services as it sees fit in its sole discretion.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL New World Agency Inc. PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE MATERIALS; (C) THE APPLICATIONS AND/OR DOWNLOADABLE ITEMS ASSOCIATED WITH THE SITE; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY New World Agency Inc. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF New World Agency Inc. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL New World Agency Inc. PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL New World Agency Inc. PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF New World Agency Inc. PARTIES ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY New World Agency Inc.PARTIES, OR OTHER EQUITABLE RELIEF, AND, WITHOUT LIMITATION, YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS LICENSED TO OR OWNED OR CONTROLLED BY New World Agency Inc.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold New World Agency Inc. Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:
your use of the Site or activities in connection with the \ Site;
your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person;
any misrepresentation made by you; or
New World Agency Inc. Parties’ use of your information, content or submissions.
You will cooperate as fully required by New World Agency Inc. Parties in the defense of any claim. The New World Agency Inc. Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of New World Agency Inc. Parties.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.
Privacy and Monitoring
New World Agency Inc. may monitor and record your communications and activities on the Site and you consent thereto and agree that such will be deemed User Content to which all of New World Agency Inc.’s rights hereunder apply.
A Special Note about Children, Children’s Privacy and Our Compliance with the Children’s Online Privacy Protection Act
In compliance with the Children’s Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any PII from children under thirteen (13) years of age, unless we believe such collection to be permitted by law. Our Site targets an audience that is over the age of fourteen (14) and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under thirteen (13) and believe that he or she has disclosed PII to us, please contact us at contact us. Upon request, the parent or guardian of a child under thirteen (13) may review and request the deletion of such child’s PII, as well as refuse to permit the further collection or use of such PII.
Contests, Sweepstakes, Auctions, Promotions and Prizes
Distribution Limitations and Territorial Restrictions
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject New World Agency Inc. to any registration requirement within such jurisdiction or country. This Site is controlled and operated by New World Agency Inc. from its offices within U.S.A. and New World Agency Inc. makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any other country than the United States of America by New World Agency Inc.
Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
Governing Law and Disputes
Statute of Limitations
Entire Agreement; Modification and Termination
New World Agency Inc. reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Site, including but not limited to your User Content, communications and account, and any functionality or features in or on the Site, in each case, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that New World Agency Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. Furthermore, New World Agency Inc. reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.