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.

Your Public Profile

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.

Stopping Membership

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.

Protection of Copyrights and Trademarks

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.

Collecting user data

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