These Terms and Conditions of Use (the “Agreement”) are between you and NEWTONFLASH. In consideration of the right to access and use the websites located at the Universal Resource Locator addresses http://www.newtonflash.com, http://photography.newtonflash.com, http://www.newtonflash.com/blog/, http://oefter.newtonflash.com and http://xmlspace.newtonflash.com (the “Sites” or the “Websites”), and to receive the services offered through the Websites, you agree to the terms and conditions of use.
The Websites and the Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law.
The Websites present information and content including, but not limited to, articles, opinions, text, data, software applications, commentary, advertisements, graphics, illustrations, calendars, designs, games, reviews, video and audio files, programs, code, and photos, in addition to User Generated Content (as defined herein) (collectively, "Content"), that is owned or licensed by Newton. The Sites may also include materials owned by third parties and posted on the Sites by virtue of thier permisson, grant or some other form of agreement between the third party and NEWTONFLASH. When used in this Agreement, "I" mean Newton. The Content contained on the Websites is for general information use only and has not been verified by Newton. Newton does not make any representations as to the accuracy or completeness of Content or assume any liability for any loss that may result from the reliance by any person upon any Content. Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.
As between you and NEWTONFLASH, all Content is owned by NEWTONFLASH and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of NEWTONFLASH. Please contact us at info@bigspaceship.com with any licensing inquiries. NEWTONFLASH shall not (a) be subject to any obligations of confidentiality regarding any User Generated Content except as specified in NEWTONFLASH' Privacy Policy , as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed to by us in writing or required by law; (b) be obligated to pay you or any third party any compensation for any User Generated Content; or (c) be required to respond to any of your submissions of User Generated Content. By posting any Content on the Website, you hereby grant the Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting Content, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company all rights, title and interest as set forth herein in and to such Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Company in connection with such Content. You agree to release Company, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums or the Services. If at any time you are not happy with the Websites or the Services or object to any Content, your sole remedy is to cease using them.
You agree that you will neither post on the Websites nor submit to Forums any User Generated Content that: • is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; • violates the copyright, trademark or other intellectual property rights of any other person or NEWTONFLASH; • is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person; • imposes an unreasonable or disproportionately large load on the Websites' infrastructure; • is for the purpose of spamming or aggressively promoting goods or services without our prior authorization; • is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items; • contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or • is libelous or invasive of privacy or publicity rights or any other third party rights; Furthermore, you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Websites, including collecting user names or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by NEWTONFLASH, the Websites, or their users; or (iii) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user.
THE SERVICES, CONTENT AND WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE SERVICES, THE WEBSITES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY'S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITES OR SERVICES. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE ON THE WEBSITES, OR ANY OTHER WEBSITE TO WHICH IT IS LINKED, AND ALL OPERATIONS OF THE WEBSITE AND THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN USING THE WEBSITES AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD NEWTONFLASH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITES, FORUMS, THE SERVICES, THE CONTENT OR YOUR USE THEREOF, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER ACTION. NEWTONFLASH SHALL NOT BE LIABLE EVEN IF NEWTONFLASH OR AN AUTHORIZED REPRESENTATIVE OF NEWTONFLASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF NEWTONFLASH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE SITES OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO NEWTONFLASH IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
The Content, the Services, the Websites and this Agreement are subject to change and updating by NEWTONFLASH and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the Websites constitutes your acceptance of any change or update, all of which shall become controlling when posted.
This Agreement set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign this Agreement without our explicit consent. You are responsible for fees associated with gaining access to the Websites, including the fees associated with the equipment necessary to access the Internet and the fees charged by your internet service provider.