Terms and Conditions.

Welcome to the Internet site of New West Media (the “Site”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THIS WEBSITE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE LUMINEXPUBLISHING.COM.

1. Ownership:Except as otherwise provided in these Terms of Use, New West Media is the copyright owner of the Site. All content and materials on the Site, including, but not limited to, video, audio, photographs, text, images, data, logos, trademarks, service marks, domain names, trade dress, and other intellectual property related to New West Media (“New West Media Content”), is owned by or licensed to New West Media. Any and all use of New West Media content should be in accordance with fair use principles under copyright law.

2. User Accounts:Some services or features on the Site may permit or require you to create an account to participate or gain access. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the New West Media registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify New West Media at admin@luminexpublishing.comof any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Site.

We may suspend or terminate your account and your ability to use any Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service or feature for any reason whatsoever.

3. Children Under 13:The Children’s Online Privacy Protection Act of 1998 (COPPA) governs how information is gathered online and how it is used when communication is received from children under the age of 13.

We take children’s privacy and safety very seriously. We do not request, seek or intentionally collect personal information from children under the age of 13. Certain features on the Site require users to register and create an account, which involves the collection of personally identifiable information. A child under age 13 may accidentally provide personal information on one of these registration forms. Regardless of age, we will not disclose any user’s information to a third party.

Should a parent discover that his/her child has submitted personally identifiable information on any Site, the parent may request by email to admin@newwestmedia.com asking to have the information deleted and refuse to allow any further collection or use of the child’s information.

4. Links:The New West Media Site may contain links to other site beyond our control, including organizations and content partners. You acknowledge that when you click on any of the aforementioned links, the site you are taken to are not controlled by us, different terms of use and privacy policy may apply, and we are not responsible for such site, including without limitation any content on such site. Unless specifically stated on the New West Media Site, we do not, directly or indirectly, imply any approval, association, sponsorship, endorsement, or affiliation with any linked site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Your linking to any other off-site pages or other site is at your own risk.

5. Disclaimers:LTHE NEW WEST MEDIA  SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS AND FEATURES MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEW WEST MEDIA MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE NEW WEST MEDIA SITE; (B) THE CONTENT AND SOFTWARE ON AND THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, NEW WEST MEDIA CONTENT AND USER CONTENT; (C) THE FUNCTIONS AND FEATURES MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE; AND/OR (D) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR LINKS TO THIRD PARTY WEBSITE. NEW WEST MEDIA DOES NOT WARRANT THAT THE SITE, ANY OF THE SITE’S FUNCTIONS OR FEATURES OR ANY CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEW WEST MEDIA DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, NEW WEST MEDIA SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY FUNCTIONS OR FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR ANY CONTENT THEREIN. FURTHER, NEW WEST MEDIA DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAWS IS APPLICABLE TO THESE TERMS OF USE.

NEW WEST MEDIA SITE MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS.NEW WEST MEDIA DOES NOT ENDORSE, GUARANTEE, OR CLAIM RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT SUBMITTED BY USERS OF ANY NEW WEST MEDIA SITE.

6. Limitation of Liability:UNDER NO CIRCUMSTANCES SHALL NEW WEST MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF NEW WEST MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEW WEST MEDIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL NEW WEST MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND ASSIGNS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND NEW WEST MEDIA’S REASONABLE CONTROL.

NEW WEST MEDIA MAY TERMINATE YOUR FURTHER ACCESS TO SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. Indemnification:You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold New West Media and its officers, directors, employees, agents, affiliates, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Site and/or your account(s). You shall use your best efforts to cooperate with New West Media in the defense of any claim. New West Media reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. Governing Law and Jurisdiction:These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without regard to any principles of conflicts of laws. You hereby consent to the personal jurisdiction of the state and federal courts located in the State of California for the purposes of litigating any action under these Terms of Use. New West Media makes no representation that content on any Site is appropriate or available for use in any particular location. Those who choose to access a Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

9. Amendments:New West Media may amend these Terms of Use at any time, including by modification, deletion and/or addition of any portion of these Terms of Use. If New West Media makes a material amendment to these Terms of Use, New West Media will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Site covered by these Terms of Use. Any such amendment to these Terms of Use will be effective thirty (30) calendar days following either New West Media’s dispatch of an e-mail notice to you or posting of notice of the changes on the Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided New West Media is not valid, or for any other reason is not capable of delivering to you the notice described above, New West Media’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

10. Miscellaneous:If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by New West Media shall be deemed a further or continuing waiver of such provision or any other provision, and New West Media’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Copyright(c)2023 New West Media. All rights reserved.