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Terms of Service

Terms of Use

Welcome to NewAmericanGazette.com website.

The services offered by New American Gazette include newamericangazette.com and any New American Gazette branded URL, WAP site and mobile application (collectively, the “Site”), New American Gazette messaging services, video services, RSS feeds, podcasting services, mobile services, and any other feature, content, or applications offered from time to time by New American Gazette in connection with New American Gazette’ business (collectively, the “New American Gazette Services”). New American Gazette is based in the United States and the New American Gazette Services are hosted in the United States.

New American Gazette furnishes the Site and the New American Gazette Services for your personal enjoyment and entertainment. By visiting the Site (whether or not you are a registered member) or using the New American Gazette Services, you accept and agree to be bound by this Terms of Use Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. New American Gazette may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site or the New American Gazette Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the New American Gazette Services immediately. You may receive a copy of this Agreement by emailing us at: info@newamericangazette.com, Subject: Terms of Use Agreement. Your access to and use of certain New American Gazette Services may require you to accept additional terms and conditions applicable to such New American Gazette Services..

Eligibility for Site Registration and Account Security

Children under the age of 13 are not authorized to post messages or participate in “Forums” on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify New American Gazette immediately if you suspect any unauthorized use of, or access to, your account or password.

Termination

This Agreement remains in full force and effect while you use the New American Gazette Services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing info@newamericangazette.com, Subject: Terminate My Account. New American Gazette may terminate your account and/or access to the New American Gazette Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the New American Gazette Services is terminated, this Agreement will remain in effect. You agree that your account is non transferable and any rights to your account terminate upon your death.

Purchasing Site Services or Products

If you purchase any service or product on the Site, (“Site Product”), you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third party company (or companies) selected by, but not affiliated with, New American Gazette (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Site you are warranting that you are authorized to make the purchase using the form of payment card that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.

New American Gazette makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. New American Gazette provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, New American Gazette will in no way be responsible or liable to you for any such breach.

New American Gazette will not store any record of Personal Financial Information related to purchases or other transactions you make through the New American Gazette Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.

New American Gazette Content

The New American Gazette Services may contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of New American Gazette (“New American Gazette Content”). New American Gazette Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and New American Gazette, New American Gazette owns and retains all rights in the New American Gazette Content and the New American Gazette Services. New American Gazette hereby grants you a limited, revocable, non-sub licensable license to access and display the New American Gazette Content (excluding any software code) solely for your personal, non commercial use in connection with viewing the Site and using the New American Gazette Services. The New American Gazette Services may also contain Content of users and other New American Gazette licensors. Except as provided in this Agreement or as explicitly allowed on the New American Gazette Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the New American Gazette Services.

Except as explicitly and expressly permitted by New American Gazette, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on line postcards, montages, mash ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the New American Gazette Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from New American Gazette. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting New American Gazette in writing at: info@newamericangazette.com, Subject: Content Request.

Boundaries of Copyright Claim

The New American Gazette claims as its copyrighted material, all graphic pixels displayed on a web browser which are:

  • Vertically – That area which scrolls vertically within a display window, between the top and the bottom of the scrolling area of the browser window and may be expandable by the resizing of the window within the display.
  • Horizontally – That area which defines a vertical edge boundary of content, which may or may not be resizable in a browser window, and with which no further text or images are displayed from the website.  

Any device, software application, internet browser or add-on browser toolbar (such as the “Google Related” toolbar) or any other technology which accomplishes similar effects and which interferes with, obscures, displaces, covers or shades any part of the claimed graphic pixel area shall be considered to be a violation our copyright and of these Terms of Use.

Furthermore, in the event of a copyright violation as related to the boundaries of the display area, each individual page or URL shall be considered a separate offense and may be subject to a fine of $100,000 for each violation.

Redirection of Website Traffic

Redirection of website visitor traffic by any technological means without the expressed written consent of New American Gazette is a violation of the Terms of Use and is strictly forbidden. Notwithstanding 3rd party advertising agreements for pre-defined ad block locations within the website, any person or company which conducts, aids or abets in the manipulation of website traffic away from the New American Gazette website may be subject to a fine of $100,000 for each violation. Each link or URL which redirects traffic to a non-New American Gazette website shall be considered a separate violation.

Furthermore, redirection of website traffic may be considered a violation of 18 U.S.C. chapter 1030, “The Computer Fraud and Abuse Act” by exceeding “authorized level access” and by intercepting and modifying the intended display and function of website navigation direction.

Your Use of New American Gazette Services

The New American Gazette Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from New American Gazette. New American Gazette reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the New American Gazette Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the New American Gazette Services. You understand that New American Gazette does not control the User Content posted by users via the New American Gazette Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. New American Gazette assumes no responsibility or liability for this type of Content. If you become aware of misuse of the New American Gazette Services, please report this immediately to New American Gazette by emailing info@newamericangazette.com, Subject: Misuse of New American Gazette Services. New American Gazette assumes no responsibility for monitoring the New American Gazette Services for inappropriate Content or conduct. If at any time, New American Gazette chooses in its sole discretion to monitor the New American Gazette Services, New American Gazette nonetheless assumes no responsibility for Content other than New American Gazette Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

You agree not to use the New American Gazette Services to:

• Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;

• Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;

• Harass or harm another person;

• Exploit or endanger a minor;

• Impersonate or attempt to impersonate any person or entity;

• Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the New American Gazette Services, including New American Gazette’ servers, networks or accounts;

• Cover, remove, disable, block or obscure advertisements or other portions of the New American Gazette Services;

• Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the New American Gazette Services, or to circumvent or modify any security technology or software that is part of the New American Gazette Services;

• Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the New American Gazette Services. If you do so, you acknowledge you will have caused substantial harm to New American Gazette, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay New American Gazette $50 for each actual or intended recipient of such communication;

• Solicit, collect or request any personal information for commercial or unlawful purposes;

• Post, upload or otherwise transmit an image or video of another person without that person’s consent;

• Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without New American Gazette’ prior written consent;

• Use the New American Gazette Services to advertise or promote competing services;

• Use the New American Gazette Services in a manner inconsistent with any and all Applicable Law;

• Attempt, facilitate or encourage others to do any of the foregoing.

New American Gazette reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by New American Gazette in its sole discretion. You acknowledge New American Gazette reserves the right to investigate and take appropriate legal action against anyone who, in New American Gazette’ sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that New American Gazette may access, preserve or disclose information you provide to the Site, including User Content, when New American Gazette has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of New American Gazette, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the New American Gazette Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

Message Boards and Public Forums

The Site offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and New American Gazette cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. New American Gazette is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. New American Gazette reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.

Your Proprietary Rights

New American Gazette does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available on, through or in connection with the New American Gazette Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by New American Gazette or any Affiliated Company. By posting any User Content on, through or in connection with the New American Gazette Services, you hereby grant to New American Gazette and our Affiliated Companies, licensees and authorized users, a perpetual, non exclusive, fully paid and royalty free, sub licensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the New American Gazette Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. New American Gazette’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. New American Gazette reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the New American Gazette Services.

You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the New American Gazette Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the New American Gazette Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the New American Gazette Services or Third Party Services.

Copyrights and Other Intellectual Property

New American Gazette respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. New American Gazette has a policy of terminating repeat infringers’ access to the New American Gazette Services in appropriate circumstances.

If you believe that any material residing on or linked to from the Site infringes your copyright, please send New American Gazette’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the New American Gazette Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. New American Gazette’s Copyright Agent for notification of claimed infringement can be reached as follows: info@newamericangazette.com.

Third Party Links and Services

The New American Gazette Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a Third Party Service, you are interacting with the third party, not with New American Gazette. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. New American Gazette is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the New American Gazette Services does not imply approval or endorsement of the Third Party Service. New American Gazette is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an Affiliated Company or a company otherwise connected with the Site. By using the New American Gazette Services, you acknowledge and agree that New American Gazette is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. New American Gazette encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to the Site, you must contact the Legal Department at New American Gazette at info@newamericangazette.com, Subject: Request for Permission to Link to Site, before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or New American Gazette, including its respective employees, agents, directors, officers or shareholders.

Member Disputes

You are solely responsible for your interactions with other New American Gazette users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the New American Gazette Services. New American Gazette reserves the right, but has no obligation, to become involved in any way with these disputes.

Privacy

Use of the New American Gazette Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

The New American Gazette Services are provided “AS IS” and “as available” and New American Gazette does not guarantee or promise any specific results from use of the New American Gazette Services. New American Gazette expressly disclaims any warranties and conditions 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. In particular, New American Gazette makes no warranty that your use of the New American Gazette Services will be uninterrupted, timely, secure or error free or that any information obtained by you on, through or in connection with the New American Gazette Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will New American Gazette be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the New American Gazette Services, problems or technical malfunction in connection with use of the New American Gazette Services, attendance at a New American Gazette event, any material downloaded or otherwise obtained in connection with the New American Gazette Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the New American Gazette Services, or the conduct of any users of the New American Gazette Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of New American Gazette.

Limitation on Liability

IN NO EVENT WILL NEW AMERICAN GAZETTE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF NEW AMERICAN GAZETTE SERVICES, EVEN IF NEW AMERICAN GAZETTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEW AMERICAN GAZETTE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NEW AMERICAN GAZETTE FOR THE NEWS SERVICES DURING THE TERM OF YOUR USE OF THE NEW AMERICAN GAZETTE NEWS SERVICES.

U.S. Export Controls

Software available in connection with the New American Gazette Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the New American Gazette Services or otherwise exported or re exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes

This Agreement will be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You and New American Gazette agree to submit to the exclusive jurisdiction of the courts located in Tarrant County, Texas to resolve any dispute arising out of this Agreement or the New American Gazette Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Indemnity

You agree to indemnify and hold New American Gazette, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the New American Gazette Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the New American Gazette Services.

Unsolicited Submissions

New American Gazette does not knowingly accept, via the New American Gazette Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. New American Gazette’ policy is to simply delete any such submission without reading it or forwarding it to other New American Gazette staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any New American Gazette or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to New American Gazette via the New American Gazette Services (including but not limited to any public forum), however, such submissions and copyright become the property of New American Gazette and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as New American Gazette sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against New American Gazette or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Employment Opportunities

New American Gazette may, from time to time, post New American Gazette employment opportunities on the New American Gazette Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to New American Gazette in response to employment listings, you are authorizing New American Gazette to utilize this information for all lawful and legitimate hiring and employment purposes. New American Gazette also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the New American Gazette Services will constitute a promise by New American Gazette to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the New American Gazette Services constitute a promise that New American Gazette will review any or all of the information submitted to it by users of the New American Gazette Services.

Trademarks

The failure of New American Gazette to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. New American Gazette, the New American Gazette logo are trademarks of New American Gazette, and all other trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of New American Gazette or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.

©New American Gazette. All rights reserved.

Other

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: info@newamericangazette.com, Subject: Question Regarding Terms of Use with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND BY ACCESSING THE NEW AMERICAN GAZETTE WEBSITE, AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

(Update: September 17, 2011)