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NEW ERA authorizes you to use the NEW ERA Websites only for your own personal, non-commercial purposes. Use of the NEW ERA Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) without an express written agreement with NEW ERA is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and NEW ERA, NEW ERA owns the NEW ERA Websites. The NEW ERA Websites are protected under United States and international copyright laws. Any unauthorized use of the NEW ERA Websites may violate copyright, trademark, and other laws.
NEW ERA reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the NEW ERA Websites.
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You agree not to use the NEW ERA Websites (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the NEW ERA Websites or servers or networks connected to the NEW ERA Websites. You further agree not to (1) use any data mining, robots, or similar data gathering or extraction methods in connection with the NEW ERA Websites; or (2) attempt to gain unauthorized access to any portion of the NEW ERA Websites or any other accounts, computer systems, or networks connected to the NEW ERA Websites, whether through hacking, password mining, or any other means.
THE NEW ERA WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE NEW ERA WEBSITES IS WITH YOU, INCLUDING, WITHOUT LIMITATION, RISKS ASSOCIATED WITH THE PRESENCE OF ADWARE, VIRUSES, SPYWARE, AND/OR WORMS, ETC. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT NEW ERA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. NEW ERA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE NEW ERA WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEW ERA MAKES NO WARRANTY THAT THE NEW ERA WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE NEW ERA WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE NEW ERA WEBSITES WILL BE CORRECTED. NEW ERA MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NEW ERA WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE NEW ERA WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE NEW ERA WEBSITES OR FROM NEW ERA, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE NEW ERA PARTIES”) SHALL CREATE ANY WARRANTY. NEW ERA DISCLAIMS ALL EQUITABLE INDEMNITIES.
IN NO EVENT WILL ANY OF THE NEW ERA PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE NEW ERA WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE NEW ERA WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY NEW ERA PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any NEW ERA Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the NEW ERA Party’s liability shall be the minimum permitted under such applicable law.
NEW ERA reserves the right to modify, suspend, or discontinue the NEW ERA Websites at any time without notice to you.
Certain areas of the NEW ERA Websites may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission; whether blog posts contributed via RSS, blog posts written directly on the site, or comments, the contributor agrees to give NEW ERA a perpetual, non-exclusive license to the content that NEW ERA publishes; you grant to NEW ERA an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that NEW ERA deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). NEW ERA reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. NEW ERA may, but is not obligated to, pre-screen User Submissions or monitor any area of the NEW ERA Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. NEW ERA is not required to host, display, or distribute any User Submissions on or through the NEW ERA Websites and may remove at any time or refuse any User Submissions for any reason. NEW ERA is not responsible for any loss, theft, or damage of any kind to any User Submissions. NEW ERA does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that NEW ERA will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. NEW ERA does not guarantee that you will have any recourse through NEW ERA or any third party to edit or delete any User Submission you have submitted. By posting you agree to be solely responsible for the content of all information you contribute, link to, or otherwise upload to the website and release NEW ERA WORKS LLC from any liability related to your use of the Website.
By submitting any User Submission, you represent and warrant that:
1. you are at least 18 years old;
2. you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to NEW ERA the rights in your User Submissions described herein;
3. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
4. you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to NEW ERA described herein;
5. your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
6. you voluntarily agree to waive all “moral rights” that you may have in your User Submission;
7. any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
8. your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
9. your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
10. you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
11. your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
12. your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
13. your User Submission does not contain any information that you consider confidential, proprietary, or personal;
14. your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
15. you are solely responsible for the content of all information you contribute, link to, or otherwise upload to NEW ERA Websites; and
16. you release and indemnify NEW ERA and sponsors of NEW ERA Websites from any claims and/or liability related to your use of those Websites.
NEW ERA publishes user contributed content in the form of blog posts and comments. By providing blog posts either via RSS feed or directly on the site, comments or other content to the site, contributors agree to the following:
1. Contributors may cease contributing new content at any time by emailing the site editorial team
2. NEW ERA reserves the right to not publish contributed content at NEW ERA’s discretion.
3. NEW ERA will attribute content to the author.
4. NEW ERA reserves the right to syndicate all contributed content in summary form via RSS to third parties.
5. All contributed content may contain the author’s byline, a very brief biography of the author, and, in the case of material provided to us via RSS from the author’s own blog, a link back to the original post in the footer of the full post.
6. Contributing authors are solely responsible for the originality and accuracy of their submissions.
7. NEW ERA has a zero-tolerance policy for plagiarism. NEW ERA recognizes that blogging is a heavily referential medium and that bloggers frequently cite and quote from each other’s work. Such citations might be protected under the legal doctrine of fair use. However, NEW ERA will remove any post that crosses the line from fair use to plagiarism, at NEW ERA’s sole discretion. Authors who knowingly submit plagiarized work may be banned from NEW ERA communities.
8. NEW ERA reserves the right to remove any sharing links or advertising accompanying contributed posts.
9. NEW ERA reserves the right to set fonts and styles, adjust image alignments, and otherwise alter post layout to insure that posts comply with NEW ERA’s global site styling.
10. From time to time, NEW ERA may need to display summary versions of contributed content. In such cases, NEW ERA may edit posts in summary form. Such summaries will contain a link to the full and unaltered post. In such circumstances, NEW ERA will strive to preserve the original meaning and intent of the content.
11. NEW ERA reserves the right to edit post headlines for clarity or search engine optimization (keyword inclusion).
12. NEW ERA reserves the right to make corrections for spelling and grammar.
13. NEW ERA reserves the right to reproduce blogger bios and accompanying pictures in NEW ERA’s marketing and promotional materials.
NEW ERA’s communities are intended to enable lively but civil interaction. Use of language that is abusive, off-topic, uses excessive foul language, or includes ad hominem attacks will not be tolerated. NEW ERA reserves the right to determine what constitutes inappropriate behavior and to bar offenders at its sole discretion. Unless expressly permitted, you may not publish or reproduce the content that appears on any part of this site. NEW ERA reserves the right to block or remove postings or communications at any time at NEW ERA’s sole discretion.
Some links on NEW ERA Websites may link to third-party sites. Such links are provided solely as a convenience to you. If you use these links, you will leave the NEW ERA Websites. NEW ERA is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites or their content (or the products, services, or content available through the same). Thus, NEW ERA does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the NEW ERA Network, you do so entirely at your own risk.
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent NEW ERA’s written authorization otherwise, a website that links to this Site:
1. may link to, but shall not replicate, any content of the NEW ERA Websites (including any NEW ERA logo);
2. shall not create a browser or border environment around any content of the NEW ERA Websites;
3. shall not imply that NEW ERA endorses such website or any products, services, or content available through such website;
4. shall not misrepresent its relationship with NEW ERA;
5. shall not present false or misleading information about NEW ERA, its products, or its services;
6. shall not contain content that could be construed as distasteful, offensive, or controversial; and
7. shall contain only content that is appropriate for all age groups.
NEW ERA and any other product or service name or slogan or logo contained in the NEW ERA Websites are trademarks of NEW ERA or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NEW ERA or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with NEW ERA or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of NEW ERA without NEW ERA’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of NEW ERA and may not be copied, imitated, or used (in whole or in part) without NEW ERA’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by NEW ERA.
NEW ERA respects the intellectual property rights of others. Accordingly, NEW ERA has a policy of removing User Submissions that violate copyright law, suspending access to the NEW ERA Websites (or any portion thereof) to any user who uses the NEW ERA Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the NEW ERA Websites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, NEW ERA has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the NEW ERA Websites, please provide written notice to the following NEW ERA agent for notice of claims of infringement:NEW ERA WORKS, LLC
Your written notice must:
(a) contain your physical or electronic signature;
(b) identify the copyrighted work or other intellectual property alleged to have been infringed;
(c) identify the allegedly infringing material in a sufficiently precise manner to allow NEW ERA to locate that material;
(d) contain adequate information by which NEW ERA can contact you (including postal address, telephone number, and e-mail address);
(e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
(f) contain a statement that the information in the written notice is accurate; and
(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
NEW ERA makes no representation that the NEW ERA Websites is appropriate or available for use outside the United States and access to the NEW ERA Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the NEW ERA Websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws.
When you visit the Site or send e-mails to NEW ERA, you are communicating with NEW ERA electronically. NEW ERA may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that NEW ERA provides to you electronically satisfy any legal requirement that such communications be in writing.
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