1. ACCEPTANCE OF TERM
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time without notice. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that Neweracaptalk does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, anyone who is participating in any type of transaction is doing so at your own risk. Neweracaptalk makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained via the service. If you’re linking to any other webites it is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Neweracaptalk be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Neweracaptalk may not pre-screen or approve Content, but that Neweracaptalk shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. You agree that it is your responsibility to monitor changes to the service. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available via the service, nor will we be liable for any inaccuracy or omission concerning any of the information provided via the serivce. The material on this Service is provided for general information only and does not constitute advice. Any reliance on the material on this Service is at your own risk.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Neweracaptalk Service and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Neweracaptalk, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, marketplace and the Internet as a whole. Neweracaptalk has an area for buying, selling, and trading items known as the (“Marketplace”). Neweracaptalk, its webmaster, and its staff are not responsible for any transactions that occur via the service. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Neweracaptalk shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Service, or between users and any third party, you understand and agree that Neweracaptalk is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Neweracaptalk in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in any type of actual sexual conduct
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a Neweracaptalk employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person’s explicit consent;
f) that is false, replica, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Neweracaptalk sites which are not designated for such purposes; or emailed to Neweracaptalk users who have not indicated that it is okay to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in “services”;
k) 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;
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
n) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
o) “stalk” or otherwise harass anyone;
p) collect personal data about other users for commercial or unlawful purposes;
q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Neweracaptalk;
r) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
s) attempt to gain unauthorized access to Neweracaptalks computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Neweracaptalk website;
t) use any form of automated device or computer program that enables the submission of postings on Neweracaptalk without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
Members that intentionally or habitually engage in practices that commit fraud, misrepresent themselves or products, are negligent in prompt communication will be permanently banned, their IP tracked and if necessary, reported to the authorities.
6. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Neweracaptalk users through Private Messaging or personal email addresses , is expressly prohibited by these Terms, Such violations may subject the sender and his or her agents to civil and criminal penalties.
7. TERMINATION OF SERVICE
You agree that Neweracaptalk, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Neweracaptalk believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Neweracaptalk shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Neweracaptalk AND ITS AFFILIATES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, CO-BRANDERS OR OTHER PARTNERS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF OR RELATING TO (I) YOUR VIOLATION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF MISUSE OF THE SERVICE.
THIS SERVICE, ITS CONTENT, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED TO YOU “AS IS”. ANY USE OF THIS SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Newercaptalk DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. Neweracaptalk MAKES NO REPRESENTATION OR GUARANTEE THAT THIS SERVICE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION ANY OTHER HARMFUL COMPONENTS, AND Neweracaptalk DISCLAIMS ANY LIABILITY RELATING THERTO. Neweracaptalk DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SERVICE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WITHOUT PRIOR NOTICE, Neweracaptalk MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS SERVICE OR YOUR USE OF THIS WITHOUT INCURRING ANY LIABILITY. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. Neweracaptalk DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. SOME OF THE CONTENT AVAILABLE THROUGH THE SERVICE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT Neweracaptalk ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT.
10. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, Neweracaptalk SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SERVICE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SERVICE OR THE CONDUCT OF OTHER USERS OF THE “SERVICE”, EVEN IF Neweracaptalk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Neweracaptalk OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. YOUR ONLY REMEDY AGAINST Neweracaptalk FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE . THAT SAID, IF Neweracaptalk IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SERVICE OR ANY CONTENT, Neweracaptalk ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO ONE (Dollar) (US $1.00).
11. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
Neweracaptalk.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Neweracaptalk.com. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Neweracaptalk.com, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Neweracaptalk.com’s intellectual property. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Neweracaptalk.com, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
The Service is not intended for use by children. We will not knowingly collect any personal information submitted by visitors to the Service who are under the age of 13. If any information is submitted by an individual under the required age and we become aware of it we will attempted to remove it.
USE OF INFORMATION COLLECTED
Neweracaptalk may deposit “cookies” in your computer in order to identify you. A cookie is a small removable data file that the website that you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used to remember for instance your user name and password. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. There are also software products available that can manage cookies for you. Please be aware though that when you have set your computer to reject cookies, it can limit the functionality of the website you visit and it is possible then that you do not have access to some of the features on the website.
NOTICE OF COPYRIGHT INFRINGMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify site admin via email@example.com. Please provide us with the following information: Identification of the copyrighted work claimed to have been infringed; Identification of the allegedly infringing material on the Service that is requested to be removed; Information reasonably sufficient to locate the material in question on the Service; Your name, address, telephone number, email address and all other information reasonably sufficient to permit Neweracaptalk to contact you; A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner; A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf.
You can stop the delivery of e-mails from Neweracaptalk by unsubscribing in the e-mails you receive.
ACCESSING & DELETING YOUR INFORMATION
Whenever you use our services, we try to provide you with access to your personal information. If that information is wrong, we will attempt to give you options to update it or to delete it – unless we must keep that information for legitimate business or legal matters. If you need to update your personal information, we have the right to ask you to verify your identity before we act on your request. We may reject requests that are unreasonable, repetitive, changing the existing practice, and may cause risk to the privacy of others.
Customer support isn’t offered for the service, unless the materials we publish in connection with a particular service specify that it is. For any inquiry contact firstname.lastname@example.org
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.