User agrees to comply with procedures and instructions that New Power may adopt as a condition of utilizing the Web Site or performing any transaction(s) through it. Receipt of an electronic confirmation that a transaction or process is complete does not constitute an acceptance or authorization from New Power. Additional verification or information may be required and New Power, may decline, suspend or terminate Web Site access or any transaction(s) made in connection therewith in New Power’s sole and absolute discretion.
User agrees not to disclose a Web Site login name and password to any third party, however, a User’s login name may by itself be used for public identification. User further agrees not to use the login name and password for any unauthorized purpose. User will not: (a) Select or use a member name or e-mail address of another person with the intent to impersonate that person; or (b) Use a screen name or e-mail address of any other person; or (c) Use a member name that New Power, in its sole discretion, deems offensive. User is responsible for maintaining the confidentiality of User’s account number, account name, and/or password, if applicable. User is also responsible for damages resulting from all uses of User’s account number, account name, and/or password, unless access was obtained through no fault or negligence of User’s own.
User will not, and will not authorize any other person to: (a) Co-brand the Web Site or portion thereof (whereby a name, logo, trademark, or other means of attribution or identification of any party found on the Web Site is displayed outside the Web Site in such a manner as to be reasonably likely to give the impression that there is a right to display, publish, or distribute the Web Site or the content accessible within the Web Site), or (b) Frame the Web Site or portion thereof (whereby the Web Site or a portion thereof will appear on the same screen with a portion of another Web site). User agrees to cooperate with New Power in causing immediate cessation of any unauthorized co-branding, framing or linking.
The foregoing shall not prohibit the use of standard search engine technology to direct Internet users to the Web Site or for a User to interact with the Web Site in a manner New Power expressly invites through an online presentation format on the Web Site.
New Power will take appropriate measures where there is an assertion that an intellectual property right is being violated. In such instances the complaining party should provide New Power a signed and duly sworn statement containing: (a) A detailed description of the alleged infringement, including a description of where it is located and what action by New Power is requested; (b) An explanation of the nature of the alleged infringement, including, at minimum, the form and character of intellectual property in question sufficient to understand the specific legal right(s) asserted related to it with a citation to the specific law or authority relied upon, along with the name, street, and e-mail addresses and telephone numbers of the owner(s); and (c) A certification and explanation that applicable permission has not been granted or is subject to limitations that are not being honored.
New Power reserves the right to revoke the user authorization, at any time and for any reason and such authorization shall be deemed to be discontinued immediately upon User’s removal from the Web Site. Any rights granted to User constitute a license and not a transfer of title. User does not obtain any ownership right, title, or other interest in New Power’s copyrights, trademarks, patents or other proprietary rights by downloading, copying, or otherwise using the Web Site.
The Web Site contains adult content based on community standards as the exist in San Francisco, California. By using the Web Site and viewing adult content you represent you are of legal age to view such content, you do so of your own free will, your desire access to it and that it does not offend the standards of the community in which you live or from which you are accessing the Web Site. If you find the adult content offensive you agree to cease accessing or otherwise using the Web Site. You also agree not distribute adult content, nor show or provide access of adult material, to a minor. Adult content is also governed by the following principles:
· Use is not monitored and is at your own risk. Meeting people in real life can be dangerous.
· The presence of any minor under age 18 (or 21, or other age established by applicable law for purposes of adult material) as a User or in questionable images, photos, sounds or other information or content made available by another User must be reported to customer service.
· No use by, or to communicate with, any minor. A User who does so, or who harms, attempts to harm, or otherwise engages in any effort which may be viewed as an exploitation of a minor (in any manner whatsoever) will be disabled and referred to appropriate law enforcement.
· Persons convicted of a felony or any criminal offense characterized as a sexual offense may not use the Web Site.
· No business advertising is permitted, whether for an otherwise legal purpose or not. Put another way, no use that is an attempt or designed as a means to generate income is allowed unless you have entered an express contract with New Power, signed by the President, for that purpose.
· You are responsible for observing all applicable laws and regulations that may apply to you in the jurisdiction in which you are located.
· You must use self discretion and monitoring. If you object to something you encounter during use, discontinue use.
· Disputes will not be mediated. But threats, impersonations of other people of any type are nevertheless forbidden.
· You must be cautious. Somebody may not be who they appear or claim to be and their stated intentions may differ from their real ones.
To the full extent necessary to enable New Power to access or otherwise use User Content without liability, the submitting User grants New Power a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right (or waiver) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display or otherwise exercise the copyright, publicity or any other proprietary type rights as exist anywhere in the world in or with respect to the User Content, in any form, media or technology now known or later developed. Further, to the extent applicable, the submitting User waives all moral rights or similar rights with respect to the User Content. This provision does not entitle New Power to any ownership or exclusivity rights to the User Content, but shall be deemed to allow New Power to freely use, modify and exploit the User Content for New Power’s own business purposes and/or profit.
The Web Site acts as a venue for education and entertainment. New Power is not responsible for acts by each User accessing the Web Site and does not control, warrant, or guarantee the quality, safety or legality of the subjects of advertising, or the truth or accuracy or legality (including non-infringement) of the information posted or made available by others.
New Power is completely independent from every User. New Power is not engaged in any agency, partnership, joint venture, employee-employer, franchise or other type of relationship with any User.
New Power does not guarantee continuous, uninterrupted or secure access to the Web Site information, content, products, goods, or services, and operation of the Web Site may be interfered with by numerous factors outside of New Power’s control.
New Power may provide User access to a variety of third party sources available through the Internet. New Power has made no effort to verify the accuracy or suitability of any information, content, products or services from any such third party sources. The information, content, products or services together with any representations or warranties made by those sources are the sole responsibility of the operator of that source. New Power assumes no liability, obligation, or responsibility for such content, representations, or warranties of any kind, whether express or implied. User accesses, uses, and relies upon such third party content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit, or may be otherwise offensive. User accesses such materials at User's risk. New Power has no control over and accepts no responsibility whatsoever for such materials.
User understands that, except for information, content, products or services clearly identified as being supplied by New Power in an authorized venue, New Power does not operate, control or endorse any information, products or services on the Internet in any way, including any content submitted by users on its site. User also understands that New Power cannot, and does not, guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or any other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. New Power does not assume any responsibility or risk for User's use of the Internet.
New Power offers no guarantees and assumes no responsibility or liability of any type with respect to information, content, products or services available from third parties, including any liability resulting from incompatibility between such third party information, content, products or services and the information, content, products and services available from the Web Site.
New Power expressly disclaims any and all warranties with respect to any third party content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
Limitation on Liability
New Power, its licensors, service providers, content providers, suppliers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, punitive, exemplary, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if New Power has been advised of the possibility of such damages. In no event will the collective liability of New Power and its licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to New Power for the applicable information, content, product or service out of which liability arose, even if such remedy is deemed to fail of its essential purpose.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply. Should New Power’s exclusion and limitation of liability not fully apply, it shall apply to the fullest extent permitted by applicable law, including limitation of any implied warranties to no more than ninety (90) days. This warranty gives specific legal rights and other legal rights may exist which vary from state to state.
USER UNDERSTANDS AND ACKNOWLEDGES THAT (i) NEW POWER DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, CONTENT SUBMITTED BY USERS, AS WELL AS THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) NEW POWER MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, INFORMATION, PRODUCTS, OR SERVICES; OR (iii) ANY DEALINGS USER MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) NEW POWER SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
User may contact New Power with questions or concerns. However, if the concern is regarding a fee incurred in connection with the Web Site and it is not satisfactorily resolved within fifteen (15) business days of initiating an exchange of electronic messages, the User must write to New Power’s no later than ninety (90) days after the disputed charge was, or should have been, discovered to preserve User’s right to contest the illegitimacy of the questioned fee or any part thereof.
User with a dispute with one or more other User(s) and/or New Power releases New Power (and its successors, representatives, principals, officers, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees) from claims, liability, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. In connection with the foregoing, the User hereby waives any and all rights under California Civil Code section 1542, and/or any similar federal, state, or local law. The section provides as follows:
Section 1542. General Release - Claims Extinguished.
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Notices sent to New Power shall be sent by registered U.S. mail to the address listed in the contact link on the Web Site with a return receipt requested. Notices sent to User shall be sent to the email address that User provided to New Power. Failure of User to maintain a current and working e-mail address constitutes a waiver of any right to receive notices.
The Web Site can be accessed from countries around the world, and may contain references to information, content, products or services that are not available in your country. The Web Site is controlled, operated, and administered by New Power from the United States of America. New Power makes no representation that use at other locations is legal. A User accessing the Web Site from a location outside the United States is responsible for compliance with all local laws.
The export and re-export of New Power’s software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, New Power’s software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading an New Power software product, User is certifying that User is not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that user is not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.