Terms and Conditions.
Welcome to the Internet site of New West Media (the “Site”).
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 firstname.lastname@example.org 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.
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 email@example.com asking to have the information deleted and refuse to allow any further collection or use of the child’s information.
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.
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.
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