These Terms of Use apply to this Now Network News, LLC website (“Website”). Please read these Terms of Use carefully before using the Website. By accessing and using the Website, you, and if you are using the Website on behalf of a company or other entity, such entity (“You” or “User”) signify your agreement with these Terms of Use. If You do not agree with any of these Terms of Use, do not use the Website. The Website is controlled and operated by Now Network News, LLC, located in Clarkesville, Georgia. Now Network News reserves the right, in its sole discretion, to modify, alter and/or otherwise update these Terms of Use at any time. By using the Website after notice of such changes is posted, You agree to be bound by the modifications, alterations, and/or updates.
USE OF THE WEBSITE
The main purpose of the Website is to provide You with a comprehensive overview of the products and services available for license by Now Network News. All content on the Website, including, but not limited to, written content, images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips (the “Content”), is protected by copyrights, trademarks, and other rights which are owned and/or controlled by Now Network News, or by other parties that have licensed their material to Now Network News. You must enter into a license agreement with Now Network News to use the Content in any manner. You may not use, reproduce, transmit, distribute, exploit or otherwise use the Content in any way without the prior written or express approval of Now Network News.
To request information about Now Network News services, please see the Contact section of this Website.
USER CONDUCT GENERALLY
Users shall use the Website for lawful purposes only. Any User conduct that in the sole discretion of Now Network News restricts or inhibits any other user from using or enjoying the Website will not be permitted. Users shall not use the Website to advertise or perform any commercial solicitation, including (but not limited to) the solicitation of users to become users of other online information services competitive with the Website.
E-MAIL, BULLETIN BOARDS, OTHER SUBMISSIONS
Any notes, messages, e-mails, billboard postings, ideas, suggestions, concepts, or other material submitted will become the property of Now Network News throughout the universe, and Now Network News shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to the Website or any other Now Network News website, you agree that Now Network News has the right to publish the material for any type of use, including promotional and advertising purposes.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
User expressly agrees that use of the Website is at User’s sole risk. Neither Now Network News nor its Content Providers warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server(s) which make them available are free from viruses or other harmful components; nor do they make any warranty or representations as to the results that may be obtained from use of Website, or as to the accuracy, reliability, or content of any information, or services provided through the Website.
The Website is provided on an “as is” basis without warranties of any kind, either express or implied. Now Network News expressly disclaims all warranties, either express or implied, including (but not limited to) implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by law and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. User expressly agrees that this disclaimer of liability applies to, and Now Network News shall not be liable for, regardless of the cause or duration, any damages, losses or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Now Network News is not liable for the defamatory, offensive, or illegal conduct of other Users or their parties and that the risk of injury from the foregoing rests entirely with User. In no event will Now Network News, or any person or entity involved in creating, producing, or distributing any of the Website, be liable for any losses or damages, including (without limitation) direct, indirect, incidental, special, consequential, and/or punitive damages arising out of the use of or inability to use any of the Website or any content contained therein.
Neither Now Network News nor its Content Providers shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits and punitive or consequential damages. In addition, neither Now Network News nor its Content Providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of the information on the Website.
If any of the above limitations, including, without limitation, the exculpatory clauses, are deemed unenforceable, in whole or in part, and Now Network News is found liable, in whole or in part, for any loss, damage or injury sustained as a result of this agreement (whether such claim sounds in contract, tort (including without limitation, negligence), or otherwise), the parties acknowledge and agree that Now Network News’ liability shall be limited to the fee charged for this service or Twenty-Five U.S. Dollars ($25), whichever is greater, as liquidated damages, and not as a penalty, and that this liability shall be exclusive.
INDEMNITY GENERALLY
You agree to indemnify, defend (at Now Network News’ option) and hold harmless Now Network News, Content Providers, and their respective directors, officers, shareholders, employees, agents, successors, licensees, distributors, affiliates and assigns from and against any and all third party claims, demands, liabilities, costs and/or expenses, including attorneys’ fees, arising out of the use of the Website or the Content by User or User’s breach of any of the agreements, representations, and warranties set forth in these Terms of Use.
THIRD PARTY SITE
Now Network News may, from time to time, provide links and pointers to internet sites maintained by third parties. Now Network News does not operate or control in any respect any information, products, or services on these sites. Now Network News does not state and expressly disclaims that it has the consent of the third party site to provide the link or pointer to such sites. Now Network News neither endorses nor is responsible for the accuracy or reliability of any site to which any Website is linked or any opinion, content, advice, statement, or information made or provided in any such third party site.
COPYRIGHTS AND COPYRIGHT AGENTS
The Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. Now Network News owns the copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may not download copyrighted material for any purpose.
Now Network News respects the rights of all copyright holders and in this regard, Now Network News has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Now Network News Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact:
Now Network News, LLC
P.O. Box 2393
Clarkesville, GA 30523
Phone: (844) 669-6397
Fax: (844) 205-7259
Email: [email protected]
PRIVACY STATEMENT
Now Network News respects the privacy of the visitors to this site. To review the Privacy Policy for the Website, please click here.
MISCELLANEOUS
These Terms of Use and any operating rules established by Now Network News constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Any and all issues or controversies arising out of or in connection with this agreement shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia applicable to contracts made, entered into, and performed entirely therein, without giving effect to its conflict of laws provisions. User and Now Network News agree that the state and federal courts located in Atlanta, Georgia, shall be the exclusive forum and situs for the resolution of any and all disputes, controversies, or matters arising therefrom or related to this agreement and/or the Website. User hereby consents to personal jurisdiction in and service of process by certified mail. If any provision of this agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this agreement shall create any association, partnership, agency, or joint venture between the parties. Neither party hereto shall represent itself as the associate, partner, agent, or joint venturer of the other in any way whatsoever. The provisions herein are for the benefit of Now Network News and Content Providers, and each of them shall have the right to assert and enforce such provisions directly on its own behalf.
