Terms and Conditions
Read the following terms and conditions carefully before continuing. By using this site, you signify acceptance of our Terms and Conditions of Use. If you do not agree to these terms, do not use this site.
ACCEPTANCE OF TERMS THROUGH USE
TotalNewMedia.com reserves the right to modify these terms at any time. Any such modifications to this policy will be dated as to its effective date. TotalNewMedia.com also reserves the right to limit or discontinue any Internet service which may compromise network integrity at any time for any reason.This Acceptable Use Policy (AUP) applies to ALL TotalNewMedia.com website visitors, including but not limited to:
- TotalNewMedia.com Clients
- TotalNewMedia.com Subscribers and Users
- TotalNewMedia.com Partners, Agents and Resellers of products and services “Offered by TotalNewMedia.com” including their customers
- TotalNewMedia.com Outside Sales Agents and their Resellers and customers
This site provides you the ability to learn about TotalNewMedia.com and its products and services as well as the ability to access our network and services (“TotalNewMedia.com Services”). By using this site, and any other site owned and operated by TotalNewMedia.com, you signify your agreement to the terms, conditions and notices of this policy.
This Acceptable Use Policy is used in conjunction with the terms of your service agreement. Violating any of these policies grants TotalNewMedia.com the authority to take action to restrict or terminate your access to TotalNewMedia.com Services. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any TotalNewMedia.com website, and any product offerings or programs described on any TotalNewMedia.com website. Please check back periodically to review any changes to this policy.
TotalNewMedia.com disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. TotalNewMedia.com does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall TotalNewMedia.com (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any TotalNewMedia.com server, or the network(s) connected to any TotalNewMedia.com server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any TotalNewMedia.com server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
You must use this site and TotalNewMedia.com Services and Web Site in accordance with the terms of this policy in accordance with all federal, state and local laws, ordinances, and regulations.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’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 TotalNewMedia.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TotalNewMedia.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
USER CONDUCT, PROHIBITED OR UNLAWFUL USE
In order to maintain an informative and valuable service that meets the needs of the users of this site and TotalNewMedia.com Services, the following rules have been established to protect against abuse. Use of this site or TotalNewMedia.com Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, or TotalNewMedia.com or any other party’s use or enjoyment of this site or TotalNewMedia.com Services, is strictly prohibited.
Specifically, you may not:
Attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any TotalNewMedia.com Services or those of any other party;
Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;
Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
Falsify address information or otherwise modify e-mail headers to conceal the sender’s or the recipient’s identity;
Use this site or TotalNewMedia.com Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.
Additionally, you may not, by use of any TotalNewMedia.com Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that:
Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic or inaccurate;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason;
Constitutes unsolicited duplicative e-mail (commercial or otherwise);
This prohibition extends to the sending of unsolicited mass e-mailings from another service which in any way implicates the use of this site or TotalNewMedia.com Services, TotalNewMedia.com equipment or any TotalNewMedia.com e-mail address.
A communication is unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient who has not requested receipt of communications.
Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Your participation in online communication is not edited, censored or otherwise controlled by TotalNewMedia.com However, TotalNewMedia.com reserves the right to monitor content on this site and TotalNewMedia.com Services and to remove content which TotalNewMedia.com, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of TotalNewMedia.com Web site or any other TotalNewMedia.com owned, operated, licensed or controlled site. Elements of TotalNewMedia.com Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any TotalNewMedia.com Web site may be copied or retransmitted unless expressly permitted by TotalNewMedia.com
TOTALNEWMEDIA.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TOTALNEWMEDIA.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TOTALNEWMEDIA.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOTALNEWMEDIA.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services (“Software”) is the copyrighted work of TotalNewMedia.com and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TOTALNEWMEDIA.COM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, TOTALNEWMEDIA.COM MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. TOTALNEWMEDIA.COM DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN TOTALNEWMEDIA.COM SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND.
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL TOTALNEWMEDIA.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
Harm minors in any way.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload, post, email, transmit or otherwise make available 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.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Impersonate any person or entity, including, but not limited to, a TotalNewMedia.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.
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.
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.
“Stalk” or otherwise harass another.
Collect or store personal data about other users.
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You acknowledge that TotalNewMedia.com does not pre-screen Content, but that TotalNewMedia.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, TotalNewMedia.com 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 use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TotalNewMedia.com or submitted to TotalNewMedia.com, including without limitation information in TotalNewMedia.com Message Boards, TotalNewMedia.com Clubs, and in all other parts of the Service.
You acknowledge and agree that TotalNewMedia.com 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 TotalNewMedia.com, 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.
TotalNewMedia.com has no obligation to monitor the Communication Services. However, TotalNewMedia.com reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. TotalNewMedia.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
TotalNewMedia.com reserves the right at all times to disclose any information as TotalNewMedia.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TotalNewMedia.com’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. TotalNewMedia.com does not control or endorse the content, messages or information found in any Communication Services and, therefore, TotalNewMedia.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized TotalNewMedia.com spokespersons, and their views do not necessarily reflect those of TotalNewMedia.com
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO TOTALNEWMEDIA.COM OR POSTED AT ANY TOTALNEWMEDIA.COM WEB SITE.
TotalNewMedia.com does not claim ownership of the materials you provide to TotalNewMedia.com (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 granting TotalNewMedia.com, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all TotalNewMedia.com Services), including, without limitation, the license rights 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.
No compensation will be paid with respect to the use of your Submission, as provided herein. TotalNewMedia.com is under no obligation to post or use any Submission you may provide and TotalNewMedia.com may remove any Submission at any time in its sole discretion.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TotalNewMedia.com immediately of any unauthorized use of your account or any other breach of security. TotalNewMedia.com 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 TotalNewMedia.com 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.
The account holder agrees to pay bills, initial and recurring, by the billing cycle anniversary date. The initial month’s fees are non-refundable. Any cancellation must be made in writing (FAX, or US Post Office Mail) and will become effective at the end of the last billing cycle. Any account that goes unpaid for more than 30 days will be suspended without further notice.
The account holder is responsible for basic working knowledge of his/her operating system/interface (Windows with version, Linux, Unix, or Mac). Technical support representatives are not responsible for general computer support. Any technical assistance given to the account holder, outside the bounds of Internet service, will be considered a billable service at our standard hourly rate. TotalNewMedia.com account(s) are personal and intended to be for private use by the account holder and therefore can not be extended to any other person, corporation, or entity not listed on the account, The account is non-transferable. Login names and passwords are not to be shared with outside parties.
Any mass mailing or mass posting to Usenet Newsgroups is also prohibited, and will result in account termination and regional blacklisting. TotalNewMedia.com account holders must abide by the net-wide accepted rules of Internet conduct. An explanation or netiquette can be found at http://www.albion.com/netiquette/index.html and at various other sites on the Internet.
The sending of any unsolicited e-mail advertising messages is called spamming. Spamming is a big annoyance and a major detriment to the Internet industry. TotalNewMedia.com does not promote, support, or approve of spamming in any way. It is also against the law. New laws regarding spamming are currently pending in many states around the country. Spamming to or from e-mail service providers against their policy is a civil offense under CBP Code Section 17538.45. Violation of this law may result in the imposition of civil liability against you in accordance with the law. In addition, TotalNewMedia.com reserves the right to suspend or cancel the products or services of any TotalNewMedia.com user or subscriber in violation of this law.
You could be held liable for the payment of $50 per message, up to $15,000 per day. In addition, TotalNewMedia.com reserves the right to suspend or cancel any subscribers products or services that is in violation of this law and our AUP without prior notice and without refund.
Upon receipt of the first confirmed SPAM violation your account will be suspended for a period of one week. If a second SPAM violation is received and confirmed, your account will be suspended again for a period of two weeks. If a third SPAM violation is received your account will be cancelled permanently. It is imperative that our clients and users adhere to this policy in order to be in good standing and avoid interruption in their service.
Federal law prohibits the sending of fax documents to any person or company without their prior consent. Under current law, the recipient of an unsolicited fax can collect the greater of $500 or actual damages for each unsolicited fax, and/or obtain an injunction against you and TotalNewMedia.com
TotalNewMedia.com does not promote, support, or approve of the sending of unsolicited faxes. Upon the receipt of the first confirmed complaint that you have sent an unsolicited fax, your accounts with TotalNewMedia.com may be suspended and/or permanently canceled. TotalNewMedia.com is not responsible for reimbursement of monthly fees, money spent on advertising, or potential loss of revenue due to suspension or cancellation of your account pursuant to a violation of this policy.
INTELLECTUAL PROPERTY RIGHTS
USER’S GRANT OF LIMITED LICENSE
By posting or submitting content to any TotalNewMedia.com website, you: Grant TotalNewMedia.com the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to TotalNewMedia.com Privacy Statement, which is incorporated in and made a part of this Policy; and, Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by TotalNewMedia.com will not infringe or violate the rights of any third party.
UNSOLICITED IDEA SUBMISSION POLICY.
TOTALNEWMEDIA.COM OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN TOTALNEWMEDIA.COM ‘S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO TOTALNEWMEDIA.COM SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO THE TOTALNEWMEDIA.COM OR ANYONE AT TOTALNEWMEDIA.COM IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT TOTALNEWMEDIA.COM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
You agree that TotalNewMedia.com, in its sole discretion, may terminate your 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 TotalNewMedia.com believes that you have violated or acted inconsistently with the letter or spirit of the TOU. TotalNewMedia.com 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 TOU may be effected without prior notice, and acknowledge and agree that TotalNewMedia.com 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 TotalNewMedia.com shall not be liable to you or any third-party for any termination of your access to the Service.
Please send reports of any activity in violation of this TOU, to Click here to report. TotalNewMedia.com will investigate incidents involving such violations and may involve and will cooperate with law enforcement officials if a criminal violation is suspected. Any such violation may result in criminal and civil liability. Generally, any complaints you may have regarding unlawful use, e-mail abuse, copyright infringement or system or network security issues should be sent to Click here to report.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold TotalNewMedia.com, 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 submit, post, transmit or make available 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 OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TotalNewMedia.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TotalNewMedia.com’s 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 TotalNewMedia.com 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 acknowledge that TotalNewMedia.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TotalNewMedia.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
TotalNewMedia.com 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 TotalNewMedia.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of 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 TotalNewMedia.com 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TotalNewMedia.com has no control over such sites and resources, you acknowledge and agree that TotalNewMedia.com 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 TotalNewMedia.com 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.
TOTALNEWMEDIA.COM ‘S PROPRIETARY RIGHTS
You acknowledge and agree that the Service 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 is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TotalNewMedia.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
TotalNewMedia.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; 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 Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by TotalNewMedia.com for use in accessing the Service.
DISCLAIMER OF WARRANTIESYOU 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. TOTALNEWMEDIA.COM 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.
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TotalNewMedia.com Universal Contest & Give Away DisclaimerRules and Regulations
No purchase necessary to enter the any TotalNewMedia.com contest or give away. The contest will end on the date stated in the posting. The opportunity to play may be affected by local ability to access the Internet at any particular time.
The TotalNewMedia.com Contests are open to all readers, 18 years or older who are legally allowed to participate in such a contest as allowed by their local laws.
Players must submit the required materials for each contest which will register the player on the spot, for a chance to win. Players will be informed if they are a winner on or after the contest end date. Limit one attempt per person, per section of the promotion. TotalNewMedia.com and its subsidiaries are not responsible for: incomplete, lost, late, damaged, scrambled or misdirected entries or other errors of any kind whether human, mechanical or electronic, which may limit a user’s ability to participate in the contest. TotalNewMedia.com reserves the right to cancel or modify the contest if fraud destroys the integrity of the game as determined by TotalNewMedia.com in its sole discretion. All entries become the property of TotalNewMedia.com and will not be returned or acknowledged.
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Prizes will be assigned to those who have been identified as winners.
Entrants or players will be informed at the close of the contest if they are a winner, and if a player is identified as a winner, what prize has been won. Winners will receive their prizes via mail after the contest has completed and winners have been verified. Taxes and delivery fees, if any, are the sole responsibility of the winner. TotalNewMedia.com and its agencies assume no responsibility or liability for any damages, losses, or injury resulting from the acceptance or use of any prize. All prizes are mailed out within 6-8 weeks of announcement of winner. Any prizes lost in transit or stolen are not the responsibility of TotalNewMedia.com, the winner assumes all liability and financial cost. TotalNewMedia.com or agencies acting upon the behalf of TotalNewMedia.com are in no way responsible for replacement of that prize.
Acceptance of prize offered constitutes permission to use winner’s name and/or likeness for purposes of advertising and trade, worldwide in perpetuity, without future compensation, unless prohibited by law. Prize winners will be required to verify address prior to awarding of the prize. Entering the contest is considered a confirmation of eligibility on behalf of the enterer in accord with these rules and any pertaining local/federal/international laws.
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