Terms of Use

Thank you for visiting NewMedia Holdings, Inc. (“NewMedia Holdings”) This Terms of Use Statement applies to all sites that are owned by NewMedia Holdings.

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use please do not use this site.

We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. NewMedia Holdings reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

Ownership and Rights

The websites managed by NewMedia Holdings may contain documents, files, articles, photos, icons, graphic, logos, and other copyrighted materials owned by us or our content providers. You must contact the copyright owner for permission to use third party materials.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify NewMedia Holdings at its corporate offices at the address appearing in the section entitled “Contact Us”.

The following Ownership and copyright information applies only to materials we own.

Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of NewMedia Holdings. As such, you are authorized to view, copy, download, and print on a single computer for personal, non-commercial use, provided that (1) you do keep all copyright and proprietary notices intact; (2) the documents may be used solely for personal, noncommercial, and informational purposes, they may not be posted or distributed, (3) the documents may not be modified, and (4) all copyright and other proprietary notices must be retained in the document.

Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEWMEDIA HOLDINGS, ITS RELATED CORPORATIONS, SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NEWMEDIA HOLDINGS, ITS AFFILIATED COMPANIES, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NEWMEDIA HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NEWMEDIA HOLDINGS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by NewMedia Holdings, you agree to defend, indemnify, and hold harmless NewMedia Holdings and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of this site. NewMedia Holdings reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with NewMedia Holdings in asserting any available defenses.

Choice of Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, in the County of King, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Washington, in the County of King, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and NewMedia Holdings with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and NewMedia Holdings with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

User Policies

NewMedia Holdings strongly believes in the freedom of expression as long as legal or morally accepted standards of expression are not crossed. In this Web site and through the sites that NewMedia Holdings operates, we offering you several services and products that may expand your communication with the general public.

We trust that you will use these facilities to promote the flowing exchange of information and exercise your freedom of expression in accordance with NewMedia Holdings Use Policy. User violation of this Policy may result among other things in the suspension or cancellation of the user’s access to NewMedia Holdingsservices. NewMedia Holdings reserves the right to remove any materials it becomes aware of that are, in our sole discretion, potentially illegal, could subject NewMedia Holdings to liability, violate this Acceptable Use Policy (“Policy”) or otherwise inappropriate.

Limited License

By posting or submitting content to this site, you grant NewMedia Holdings and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; 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 NewMedia Holdings will not infringe or violate the rights of any third party.

Rules of Conduct

You shall not post any message containing or otherwise use any obscene or offensive language or post anywhere else on or through the NewMedia Holdings or its affiliate site and services any material that is an invitation to fast money making schemes, defamatory, pornographic, racial, abusive or hateful, constitutes junk mail or unauthorized advertising, harassment, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation. You agree to use the services offered by NewMedia Holdings only for lawful purposes.

You are solely responsible for ensuring that any material or information you post anywhere on or through the site — including but not limited to text, photographs, and sound — does not violate the copyright, trademark, trade secret, or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.

You agree that by posting any material or information anywhere on the site you surrender your copyright rights in the posted material or information. You further agree that NewMedia Holdings is entitled to use the posted material or information royalty free and without restriction in any manner it deems fit, including, but not limited to, publishing the material or distributing it.

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICES.

You agree to indemnify NewMedia Holdings, its employees, directors, officers, related corporations, subsidiaries, attorneys, shareholders, agents, assigns, and representatives, and to hold them harmless, from any and all losses, claims, and liabilities (including attorneys’ fees) which may arise from your submissions or deletion thereof, from your use of any service and/or material obtained from or through any services provided on this site, or from your breach of these rules or any other agreement between you and NewMedia Holdings. You further agree that NewMedia Holdings is not responsible, and shall have no liability to you or your agents, representatives, employees, shareholders, directors, or any party related to you in any way, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you.

You agree not to disrupt or interfere with the services provided on this site, nor to alter or tamper with any information or materials on or associated with this site.

You agree not to attempt to penetrate security measures of NewMedia Holdings, whether or not the intrusion, either intentional or unintentionally, results in corruption or loss of data.

The access to the Directories offered or provided by NewMedia Holdings as a convenience. NewMedia Holdings users and those wishing to contact NewMedia Holdings users are granted a limited access to the NewMedia Holdings Directories solely for the purpose of allowing more convenient personal communications through the system, services, or products offered or otherwise made available through NewMedia Holdings. Any other use or attempt to use NewMedia Holdings Directory for commercial or other purposes or for systematic retrieval of data stored in the NewMedia Holdings Directory and any kind of copying or reproduction of the data, or any part thereof, stored in the NewMedia Holdings to any other location or server for further reproduction or distribution is prohibited.

You acknowledge that you are expressly prohibited from utilizing NewMedia Holdings Message Boards or NewMedia Holdings Directory in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of any message baords appearing on any NewMedia Holdings site or in any NewMedia Holdings Directory.

A message is unsolicited if it is sent to a recipient who has not requested or invited the message. Mass mailing is mailing of messages in quantities exceeding reasonable personal use. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.

You agree to refrain from revealing your password to others or allowing others to use your passwords (other than authorized users in your household).You agree to refrain from forging any message header, in part or whole, of any electronic transmission, originating or passing through NewMedia Holdings viruses to, from, or through this site, and allowing access to NewMedia Holdings through your passwords for the purpose of operating a server of any type or for any other purpose which is not common personal use to receive viewable pages on NewMedia Holdings.

NewMedia Holdings has no practical ability to restrict all conduct, communications, or content which might violate this Policy prior to its transmission on or through the NewMedia Holdings or affiliate sites, nor can NewMedia Holdings ensure prompt removal of any such communications or content after transmission or posting. Accordingly, NewMedia Holdings Corporation does not assume liability to users or others for any failure to enforce the terms of this Policy.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, in the County of King, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Washington, in the County of King, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

NewMedia Holdings reserves the right to modify these policies at any time. These policies do not supersede any other policies, or terms and conditions adopted or stated by NewMedia Holdings.

If you wish to submit a comment or question about these Terms of Use then please submit your inquiry to us.