Terms of Use & Subscriber Agreement

 

 

Update On December 1st, 2010

This Subscriber Agreement and Terms of Use govern your use of The New Design Times ( NDT) and unless other terms and conditions expressly govern, any other electronic services from The New Design Timesthat may be made available from time to time.

Your use of the Sites and all their products and services, regardless of media, is subject to the terms, conditions and disclaimers set forth below and from time to time throughout the Sites, to our Online Privacy Policy, and to all applicable laws and regulations. In addition, The New Design Times (NDT) reserves the right to terminate access to the Sites for any reason, and to take any other actions that NDT, in its sole discretion, believes to be in the interest of the company and of its users and customers as a whole. NDT reserves the right to modify these disclaimers, terms and conditions of access, without advance notice. This is a binding contract between NDT and you. By your acceptance of this agreement and use of the Sites, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with NDT.

Access

Access to the Sites is provided free of charge and does not create a professional services relationship or any other relationship with The New Design Times..

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Sites, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Sites to:

  • Disseminate or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication,
  • You shall not upload to, or distribute or otherwise publish on to the Service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
  • Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication
  • Purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to provide information designed to manipulate any equity or security or market;
  • nterfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the Sites or any other computer network;
  • Print out or otherwise copy or use any personally identifiable information about other users;
  • Disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs or other items of a destructive nature or any other malicious code or program;
  • Express or imply that any statements you make are endorsed by us;
  • Use respectful language
  • Restrict or inhibit any other visitor or member from using the Sites, including, without limitation, by means of "hacking" or defacing any portion of the Sites;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Sites;
  • "Frame" or "mirror" any part of the Sites;
  • Engage in any other activity deemed by NDT too be in conflict with the spirit or intent of this agreement. You understand that by using the Sites, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.
  • The Service shall be used only in a noncommercial manner.
  • ¬†You grant NDT a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for NDT or any third party NDT designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or toNDT through a third party.

REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant that no materials of any kind submitted through your account will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous or otherwise unlawful material; and that you are at least thirteen years old. You hereby indemnify, defend and hold harmless NDT, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. NDT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

NDT does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

GENERAL

This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York.

 
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