Additional operating guidelines (”Guidelines”) may be posted from time to time on a particular Service that will also apply to use of such Service and such Guidelines are incorporated by reference into the TOU. NT Media Group Network may also offer certain services that are governed by different terms of service and such different terms of service will be posted and govern the use of such service.
2. NT Media Group Network
A. Service Changes and Discontinuation. Our NT Media Group Network provides you with access to a rich collection of online resources, including various communication tools, online forums, personalized content and branded programming. NT Media Group Network reserves the right to change or to discontinue temporarily or permanently the services at any time without notice. You agree that NT Media Group Network will not be liable to you or any third party for any modification or discontinuance of the NT Media Group Network or any services therein.
B. Service Limitations.
We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the NT Media Group Network, including the services of our third-party service providers, are provided “AS IS” and “AS AVAILABLE”. Neither NT Media Group Network nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings. Please refer to Section 6 below for full details.
D. Posting User Content; No Endorsement of User Content.
You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the NT Media Group Network (collectively, “Post”). “User Content” means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the NT Media Group Network; personal User information; board posts; reader reviews; blogs, Content ratings, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that NT Media Group Network does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that NT Media Group Network does not pre-screen User Content, and has no obligation to do so, but that NT Media Group Network and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is Posted on or through the Service. In addition to the foregoing, it is your responsibility and obligations with respect to content you submit for publication.
Third Party Sites; Advertisers.
The NT Media Group Network may provide you with links or other opportunities to use certain sites, services, products, applications or content offered by or through NT Media Group’s third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively “Third-Party NT Media Group Network”). Your use of any Third-Party NT Media Group Network is subject to any terms of service or conditions of use associated with the Third-Party NT Media Group Network. NT Media Group Network does not control Third-Party NT Media Group Network and is not responsible for any Third-Party NT Media Group Network or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party NT Media Group Network. NT Media Group Network does not endorse any Third-Party NT Media Group Network or any products, content or communications linked to or accessible from the NT Media Group Network. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party NT Media Group Network.
3. General Rules
For the benefit of the entire NT Media Group Network community, and to comply with applicable laws, we have certain general rules, which NT Media Group Network will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the NT Media Group Network or other actions, you should carefully read and follow them.
A. Provide Accurate Information.
You agree to provide true, accurate, current and complete information about yourself as requested in the NT Media Group Network registration forms (the “Registration Data”). You agree to update the Registration Data to keep it current and accurate.
B. Guard Your Password.
Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify NT Media Group Network immediately and promptly change your password. Please edit your profile for instructions on how to change your password or to contact us, [email protected]
C. Obey the Law.
You agree not to use the NT Media Group Network for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (e.g., untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
D. Permitted Use of Content.
The content included in the NT Media Group Network, including all web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the NT Media Group Network (collectively, the “Content”) is owned or licensed by NT Media Group Network and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. You shall not (a) use any content contained in the Content in any manner that may give a false or misleading impression, attribution or statement as to NT Media Group, the Copyright Holder, or any third party referenced therein, (b) use the NT Media Group Network and/or the Content and services and products on the NT Media Group Network or accessible via the NT Media Group Network for any unlawful purposes, and (e) publicly display, perform, or distribute any Document and shall not modify, translate, alter or create any derivative works thereof. Any other use of the Content without NT Media Group’s prior written consent is expressly prohibited The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without our prior written permission.
E. Limits on Use of the NT Media Group Network.
You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the NT Media Group Network or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the NT Media Group Network, or breach the security or authentication measures on the NT Media Group Network; (iii) reverse look-up, trace or seek to trace any information on any other User of the NT Media Group Network, including any NT Media Group Network account not owned by you, to its source, or exploit the NT Media Group Network in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the NT Media Group Network; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the NT Media Group Network; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the NT Media Group Network or with any other person’s use of the NT Media Group Network; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the NT Media Group Network; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
F. Our Communities
1) Community Conduct.
By using and/or registering for the community boards, user pages, blogs or other tools or applications for communicating, posting, or creating User Content (collectively the “User Tools”), you agree to use the User Tools only to post User Content that is proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the User Tools, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Post files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
4. Post files or content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
5. Advertise or offer to sell any goods or services for any commercial purpose.
6. Post surveys, contests, pyramid schemes or chain letters.
7. Download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
8. Restrict or inhibit any other User from using and enjoying any public area of the NT Media Group Network.
9. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
If you choose to use language, such as a user name or game name that, in our sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language including your user name or game name.
2) Commissioned Program. If You are invited to participate in the Commissioned Program (the “Program”), You agree and acknowledge that your participation in the Program is strictly on a volunteer basis and that you will not be an employee of NT Media Group Network or any instrumentality thereof. While NT Media Group Network may reward you for you participation, you have no expectation of recompense of any type in consideration for your services, and that you are participating in this program solely because of your personal desire to contribute to above-referenced Program.
You expressly assume any and all risks which may arise during the volunteer work, knowing that you may refuse to perform any activity or task requested. If any part of these terms or any future changes to these terms are not acceptable to You, You may at any time upon notice, cease Your function as a Commissioned Reporter. NT Media Group Network and its affiliates reserve the right to terminate your participation in the Program without any liability to You or any third party at any time without notice for any reason whatsoever.
3) User Tools.
NT Media Group Network and its affiliates reserve the right to terminate your access without any liability to any or all of the User Tools at any time without notice for any reason whatsoever.
NT Media Group Network and its affiliates have no obligation to pre-screen or monitor the User Tools or the content Posted on or through any User Tools. However, NT Media Group Network and its affiliates reserve the right at all times to edit or remove any content or communications, in whole or in part, in NT Media Group Network’s or any of its affiliates’ sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. NT Media Group Network is not responsible for its theft, copying or placement of that User Content on other media or networks. NT Media Group Network and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, NT Media Group Network and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. Community managers and hosts are not authorized spokespersons of NT Media Group Network or any of its affiliates, and their views do not necessarily reflect those of NT Media Group Network and its affiliates. Community managers and hosts do, however, set standards on their own community areas. By posting User Content through the User Tools you grant NT Media Group Network certain rights as described in Section 4A below.
Any material or third party software downloaded through or for the use of the NT Media Group Network is done at your own discretion and risk, and NT Media Group Network will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the NT Media Group Network or our third party service providers will create any warranty not expressly stated.
4. Rights You Grant to NT Media Group.
A. User Content. By submitting any User Content through or to the NT Media Group Network, including on any User Tools or User Pages, but excluding any User Content you submit on NT Media Group Network Blogs, you hereby irrevocably grant to NT Media Group, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the NT Media Group Network, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed. Notwithstanding the foregoing, when you submit a text, video, images , NT Media Group Network may modify the format, content and display of such User Content. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. With respect to User Content you Post for inclusion on publicly accessible areas of NT Media Group Network Blogs, You grant NT Media Group Network the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the NT Media Group Network or on any media. You agree that the foregoing grant of rights by you to NT Media Group Network and its affiliates is provided without any the entitlement of payment of fees or consideration. In addition to the foregoing, any content you submit to NT Media Group Network for publication shall be subject to licenses granted pursuant to the Master License Agreement located at that you agree to upon submission of the content.
B. Account Access.
In order to ensure that NT Media Group Network is able to provide high-quality services that are responsive to Users’ needs, you agree that NT Media Group Network representatives will have access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
5. Children and Mature Content
The NT Media Group Network are not directed to children under the age of 13. NT Media Group Network will not knowingly collect personally identifiable information on or through the NT Media Group Network from anyone under 13. Please be aware that certain areas on the NT Media Group Network contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the NT Media Group Network that you find offensive, indecent or objectionable. By using the NT Media Group Network you assume all risk associated with its use. We encourage parents to supervise their children’s use of the NT Media Group Network and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents. If you have any concerns about the NT Media Group Network, please contact us via our online form available at [email protected]
6. Other Legal Stuff
A. Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE NT MEDIA GROUP NETWORK IS AT YOUR SOLE RISK. THE NT MEDIA GROUP NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NT MEDIA GROUP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “NT MEDIA GROUP NETWORK PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE NT MEDIA GROUP NETWORK PARTIES MAKE NO WARRANTY THAT (I) THE NT MEDIA GROUP NETWORK WILL MEET YOUR REQUIREMENTS, (II) THE NT MEDIA GROUP NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NT MEDIA GROUP NETWORK WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, NT MEDIA GROUP NETWORK, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NT MEDIA GROUP NETWORK WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE NT MEDIA GROUP NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY NT MEDIA GROUP NETWORKPARTY, OR THROUGH OR FROM THE NT MEDIA GROUP NETWORK WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE NT MEDIA GROUP NETWORK. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE NT MEDIA GROUP NETWORK IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE NT MEDIA GROUP NETWORK IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE NT MEDIA GROUP NETWORKPARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the TOU, then this Disclaimer of Warranties will override it.
C. Limitation of Liability.
YOU AGREE THAT THE NT MEDIA GROUP NETWORK PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NT MEDIA GROUP NETWORK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE NT MEDIA GROUP NETWORK; (II) THE COST OF GETTING SUBSTITUTE GOODS AND NT MEDIA GROUP NETWORK RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR NT MEDIA GROUP NETWORK PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE NT MEDIA GROUP NETWORK; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE NT MEDIA GROUP NETWORK; OR (V) ANY OTHER MATTER RELATING TO THE NT MEDIA GROUP NETWORK. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY NT MEDIA GROUP NETWORKPARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE NT MEDIA GROUP NETWORK, LIABILITY OF THE NT MEDIA GROUP NETWORKPARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE NT MEDIA GROUP NETWORK PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST NT MEDIA GROUP, OR (II) US$100.00.
You agree to protect and fully compensate the NT Media Group Network Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) arising from your use of the NT Media Group Network, or violation of the TOU by you or any other user of your account (whether or not authorized).
E. Copyright Infringement.
If you believe that content you own has been used on the NT Media Group Network in a way that violates your copyright or other intellectual property rights, please provide NT Media Group’s Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
NT Media Group’s Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: [email protected]
NT Media Group Network may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our NT Media Group Network or delivering them to you through email if you have provided NT Media Group Network with your accurate email address.