NewMediaWorlds.net
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS (THIS
"AGREEMENT") CAREFULLY BEFORE USING THE NEWMEDIAWORLDS WEBSITE (THE
"SITE").
1. RULES, OBLIGATIONS & GUIDELINES FOR THE NEWMEDIAWORLDS FREELANCER NETWORK USER
In order for you (" the user") to use this
Internet web site, you must agree to the terms and conditions presented below.
NewMediaWorlds Freelance Network ("NewMediaWorlds" or "we")
may revise these terms, by updating this posting. Unless otherwise provided
below, the revised terms will take effect on the date they are posted.
BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR
AGREEMENT TO THE TERMS OF THIS AGREEMENT.
You will be allowed to post information, data and text to
publicly accessible and limited-access areas of the site. You should use good
judgment when posting information, remarks or other content regarding other
users, service providers, NewMediaWorlds or any other third party. You may be
held legally responsible for damages suffered by other users, NewMediaWorlds or
third parties as a result of legally actionable or defamatory comments, remarks
or other information or content that you post to the NewMediaWorlds site. NewMediaWorlds
is not legally responsible for any remarks, information or other content posted
or made available on its site by any user or third party, even if such
information or content is defamatory or otherwise legally actionable.
The content should be posted on English only. The content
should not be obscene, lewd, lascivious, filthy, excessively violent,
harassing, illegal, overly disparaging or deprecating of NewMediaWorlds or
other users or otherwise objectionable.
You agree NOT to do any of the following while using the
site: Violate any applicable law or regulation; Post or transmit any content
that you do not have the right to post or transmit under any law, contractual
duty or fiduciary relationship; Post or transmit any content that infringes a
third party's intellectual property rights or rights of publicity or privacy;
Post or transmit any content that is unlawful, untrue, fraudulent, harassing,
libelous, defamatory, abusive, tortuous, threatening, pornographic, harmful
(including but not limited to viruses, corrupted files, or any other similar
software or programs), overly disparaging or deprecating of NewMediaWorlds or
other users or otherwise objectionable; Access, tamper with or use non-public
or non-authorized areas of the site. Unauthorized individuals attempting to
access these areas of the site may be subject to prosecution; Tamper with
postings of other users; Solicit or gather any user's information available
from the site, such as other users' names and email addresses, for any
commercial or business purposes or to transmit any unsolicited advertising,
"junk mail", "spam" or "chain letters; Do anything
which would create or impose an unreasonable or disproportionately large burden
or load on the site; Post false or misleading information about a product,
service or service request; Frame or link to the site except as permitted in
writing by NewMediaWorlds; Impersonate or misrepresent your affiliation with
any person or entity.
NewMediaWorlds reserves the right to monitor all the Public
Data posted on the site (including but not limited to posting a request for
services, bidding on a posted project, and/or posting your profile). Please
note that Public Data does not include the data exchanged between the buyer and
a service provider after starting a transaction.
NewMediaWorlds reserves the right to delete or refuse
displaying of any kind of Public Data that does not comply with the rules
presented above. We also reserve the right to take action in such cases
including but not limited to account suspension.
As part of your account's features, you may set up a
Personal Profile describing your experience and qualifications. All the
information requested in the Personal Profile form is completely optional. If
you decide to offer a service, potential buyers will look to your Personal
Profile to help them decide whether to make a bid on your service. As a result,
we suggest that you create a Personal Profile. However, you agree not to
include any personal contact information in your Personal Profile and
violations of this may result in penalties as defined in the Terms and
Conditions of use.
Member account, password and security
you must safeguard the user ID and password you use to
access this site. You authorize us to assume that any person using the site
with your user ID and password either is you or is authorized to act for you.
Furthermore, you are entirely responsible for any and all activities that occur
under your account. You agree to notify NewMediaWorlds immediately of any
unauthorized use of your account or any other breach of security. NewMediaWorlds
will not be liable for any loss that you may incur as a result of someone else
using your password or account, either with or without your knowledge. However,
you could be held liable for losses incurred by NewMediaWorlds or another party
due to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
We may cancel your registration if we reasonably believe
that you have violated or acted inconsistently with the letter or spirit of
this use Agreement, or violated our rights or those of another party. NewMediaWorlds
reserves the right to terminate any user for any reason, at its sole
discretion. We will notify you if we cancel your registration, unless in our
judgment giving notice would cause a risk of further violation or damages.
However, we will notify you that your account will be canceled if the law
requires such notification. When your registration is canceled, you may no
longer have access to data, messages, files and other material you keep on the
site. The material may be deleted along with all your previous posts and bids.
If NewMediaWorlds terminates this use Agreement based upon your breach of any
portion of this Agreement, NewMediaWorlds.com reserves the right to refuse to
provide registration and/or membership to you in the future.
The site contains trademarks and other material furnished by
NewMediaWorlds, its licensors, and other users. You should assume that
everything you see or read in publicly viewable areas of the site that was not
furnished or received by you (such as images, photographs, illustrations, text
and other materials) ("site content") is copyrighted unless otherwise
noted. You may not sell, reproduce, distribute, modify, display, publicly
perform, prepare derivative works based on, repost or otherwise use any of the
site content in any way for any public or commercial purpose without prior written
consent of NewMediaWorlds or the rights holder. You may not use the site
content on any other web site or in a networked computer environment for any
purpose except your own personal viewing. In order to protect NewMediaWorlds's
and its Licensor's trade secrets, you agree that you will not 'reverse
engineer' any site content consisting of downloadable software, unless
specifically authorized by the trade secret owner or otherwise permitted by
law. If you violate any of these terms, your permission to use the site content
will automatically terminate; you must immediately destroy any copies you have
made of the site content; and we may revoke your authorization to use the site.
If you register to buy or sell services using NewMediaWorlds,
we collect and store information that specifically identifies you or your
account ("Personally Identifiable Information"). we may, in the
future, include other optional requests for information from you, to help us to
tailor the site for you and deliver personalized information to you. However,
we are committed in NOT RELEASING your data to third parties. Your register
data is used solely to announce you of important news related to general NewMediaWorlds
functions or info related to your account. You can un-subscribe all e-mail
announcements that are not vital for your future use of the site.
3. CONTENT AND LINKS ON THIS SITE. You use
the content on this NewMediaWorlds Site, and any web sites linked thereto, at
your own risk. You understand and agree as follows:
You should not act based on information you receive from the
NewMediaWorlds Site without using your own efforts to confirm such information,
and, when appropriate, consulting with an independent, licensed professional
regarding your individual circumstances.
By its very nature, the information on this NewMediaWorlds
Site is changed frequently, may be offensive, harmful, or inaccurate, and in
some cases may be mislabeled or deceptively labeled.
This NewMediaWorlds Site provides unfiltered access to
third-party content. We are only acting as a venue, and we have no liability
related to the third-party content on this NewMediaWorlds Site, whether arising
under the law of copyright, defamation, libel, privacy, obscenity, or
otherwise.
The NewMediaWorlds Site may contain links to third-party web
sites. While we hope that you are able to benefit from the information,
products, and services that these businesses provide to you, we neither control
nor review the web sites to which we link from this NewMediaWorlds Site.
Therefore, we cannot endorse the content, products, services, or performance of
the web sites we link to from this NewMediaWorlds Site, and you should not
treat any link as such an endorsement.
We cannot, nor do we undertake any obligation to, control,
verify, or validate the content that you receive. We expect that you will use
caution and common sense when using this NewMediaWorlds Site and your Account.
4. YOUR CONTENT. You are solely responsible for
content or any other information you provide, distribute, post, include, link
to, or otherwise upload to the NewMediaWorlds Site ("Your Content").
You understand and agree as follows:
We are only acting as a passive conduit for the online
distribution and publication of Your Content. However, we make no warranties as
to the actual distribution or publication of Your Content. · We have the right
(but no obligation) to take any action we deem appropriate with respect to Your
Content if we believe that it may create liability for us, harm our business,
or cause us to lose the services of our ISPs or other suppliers.
You represent and warrant that Your Content: (a) will not
infringe or misappropriate any copyright, patent, trademark, trade secret, or
other proprietary right or right of publicity or privacy; (b) will not violate
any law or regulation; (c) will not be defamatory or trade libelous; (d) will
not be obscene or contain child pornography; (e) will not include incomplete,
false or inaccurate information about you or any other individual.
5. PRIVACY. Your privacy is extremely
important to us, and we want you to feel comfortable using our site. NewMediaWorlds
is committed to creating services that are built upon a solid foundation of
trust. Any personal information we capture will be used only to better tailor
our products and services to suit your needs. We will share it only with people
and companies who are directly affiliated with NewMediaWorlds. We will not
sell, trade, rent, or give your personal information to third-party companies
or organizations. Any information that you divulge in a public forum of this
website is considered public information. If you wish not to receive periodic
updates on products and services or newsletters by email from NewMediaWorlds,
you can simply follow the unsubscribe link contained in each email or go to the
"http://www.NewMediaWorlds.com/??? page link here NewMediaWorlds will notify
you by email when job-related activities have taken place in your Account. For
example, if you are a Service Provider professional and/or Exchange Member, NewMediaWorlds
will notify you by email when you receive an invitation to submit a bid
proposal for a job and/or domain or when a job posting has been submitted to a
category that relates to a particular portfolio. If you are a Service Buyer
and/or Exchange Member, NewMediaWorlds will confirm by email that your job or
domain has been posted in the NewMediaWorlds Marketplace and when any bid
proposal have been submitted to your job or domain posting. As we introduce new
products and features in the future, we will post clarifications to our privacy
policies here.
6. FEES AND PAYMENTS. We may at any time amend our
pricing policy for some or all of the services provided by NewMediaWorlds, and
we may or may not notify you in advance of any such amendments. The pricing
that is applicable to you is the pricing that is in effect in these terms of
service on the date of any applicable transaction. If you continue to use your
Account, you signify your acceptance of the amended pricing policy and agree to
pay us all charges accrued by you under the amended pricing policy.
7. LINKS TO OUR SITE. We grant you full permission to
link to the front page of the NewMediaWorlds Site using a text link, but not to
(a) frame the NewMediaWorlds Site; (b) "deep-link" to any web page on
the NewMediaWorlds Site other than the front page; or (c) use any of our
trademarks or logos without our prior written permission.
8. DISPUTE RESOLUTION. We are not involved in any
transactions between you and any other users of the NewMediaWorlds Site. You
acknowledge and agree that NewMediaWorlds will not be a party to any such
dispute or be obligated to take any action or refrain from taking any action
toward resolving any such dispute. If you have a dispute with any other users
of the NewMediaWorlds Site, you hereby release us (and our agents and
employees) from any and all claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown, related to such
dispute. NewMediaWorlds encourages you to resolve any disagreements you may
have through SquareTrade, NewMediaWorlds's resource for online dispute
resolution.
9. FEEDBACK. Any feedback or suggestions you
provide to us is treated as non-confidential and non-proprietary. Please do not
submit confidential or proprietary information to us unless we have mutually
agreed in writing otherwise. We are also unable to accept your unsolicited
ideas or proposals for the NewMediaWorlds Site or the products or services we
offer in connection with the NewMediaWorlds Site, so please do not submit them
to us under any circumstances. Feedback can be sent via our customer service at
info@NewMediaWorlds.net
10. INDEMNIFICATION. You agree to indemnify and hold
us, our customers and business partners harmless from all losses, liabilities,
damages, costs and expenses (including reasonable attorneys' fees) that we may
incur as a result of any claims, suits, actions, or proceedings arising out of
or related to Your Content or your breach of this Agreement, including without
limitation any claims of intellectual property infringement, defamation, and
trade secret misappropriation, and claims under any business tort theory.
11. DISCLAIMER OF WARRANTY
USE OF THE SITE AND OF THE PAYMENT SERVICE IS ENTIRELY AT
YOUR OWN RISK AND THE SITE, THE PAYMENT SERVICE AND ALL PRODUCTS OR SERVICES
OFFERED ON OR THROUGH THE SITE ARE OFFERED "AS IS" WITHOUT WARRANTY
OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
(A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF
INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND (B) ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE
LEGALLY INCAPABLE OF EXCLUSION, IN WHICH CASE, THEY ARE EXCLUDED TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW.
12. LIMITATION OF LIABILITY
NEITHER NEWMEDIAWORLDS NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SITE OR THE PAYMENT SERVICE SHALL BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING
FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE PAYMENT SERVICE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN ANY EVENT, NEWMEDIAWORLDS' MAXIMUM LIABILITY SHALL NOT EXCEED
AMOUNTS PAID BY YOU IN THE TRANSACTION GIVING RISE TO THE LIABILITY.
13. QUESTIONS OR COMMENTS. If you have any questions
or comments about the NewMediaWorlds.net Site or this Agreement, please contact
our customer service at CustomerService@NewMediaWorlds.net