PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using Allnewlow.com Web site (the “Web Site” or “Allnewlow.com” ), you are deemed to have agreed to these terms and
conditions of use. ALLNEWLOW may change the Terms and Conditions from time to time
and at any time, and without actual notice to you. All such changes to these
Terms and Conditions will appear on the Web Site. By using this site after we
post any changes, you agree to accept those changes, whether or not you have
reviewed them. If at any time you choose not to accept these Terms and
Conditions of use, your only recourse is to immediately discontinue the use of
this site.
User
Conduct
This Web Site and any communications
service, including the capability to contribute material through the
contribution form (each such submission, a “Contribution”), chat room, message
board, newsgroup, or other interactive service that may be available to you on
or through this site (collectively, the “Services”) are provided to you solely
for entertainment purposes. By using the Web Site and Services you agree: (a)
to provide true, accurate, current and complete information about yourself as
prompted by the subscription form, contribution form and any registration form.
If any information provided by you is untrue, inaccurate, not current or
incomplete, ALLNEWLOW reserves the right to terminate your subscription and
refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site or
Services to:
You also agree that you will not harvest, collect or store
information about the users of this Web Site or the Content posted by others on
this Web Site or use such information for any purpose inconsistent with the
purpose of this Web Site or for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic mail or communications.
You acknowledge that ALLNEWLOW is not responsible for material submitted to ALLNEWLOW
or posted to the Web Site by users. ALLNEWLOW does not pre-screen, monitor,
review or edit the Content posted by users. However, ALLNEWLOW and its
designees have the right (but not the obligation) at their sole discretion to
refuse or remove any Content, in whole or part, that, in ALLNEWLOW’s judgment,
does not comply with these Terms and Conditions or is otherwise undesirable,
inappropriate or inaccurate. ALLNEWLOW is not responsible for any failure,
non-failure or delay in removing such Content. You will remain responsible for
the accuracy, copyright compliance, legality, decency, or any other aspect of
such submitted material, including any Contribution or part thereof, or other
communication to ALLNEWLOW. You agree to immediately notify ALLNEWLOW of any
unauthorized use of the Service or any other breach of security known or
suspected by you.
You acknowledge and agree that ALLNEWLOW may, but is in no event obligated to,
preserve Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms and
Conditions; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of ALLNEWLOW,
its users or the public.
You understand that the technical processing and transmission of the Web Site,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. ALLNEWLOW assumes no responsibility for the deletion or
failure to store postings, Contributions or other information submitted by you
or other users to the Web Site.
Any or all Content on the Web Site may be purged from time to time in ALLNEWLOW’s
sole discretion. You acknowledge and agree that Content you view, submit or
post is at your own discretion and risk, including any reliance on the accuracy,
completeness, or usefulness of such Content. You acknowledge that you may not
rely on any information, data, text, music, sound, photographs, graphics,
video, messages or other materials created by ALLNEWLOW or submitted to ALLNEWLOW,
including Content. You further acknowledge and agree that the views expressed
on the Web Site do not necessarily reflect the views of ALLNEWLOW, and ALLNEWLOW
does not support or endorse Content (including any Contribution, whether or not
edited by ALLNEWLOW or its designee or presented on the Web Site edited or
unedited, in whole or in part, or alone or with other content) posted or
submitted by you or any User.
Limitations
On Use of Content
The content on this Web Site is intended for entertainment
purposes only. Except as expressly permitted, you agree not to use the Web Site
for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any
way exploit the content of the Web Site.
You must abide by all additional copyright notices or other restrictions
contained on the Web Site.
Unsolicited
Materials
In operating this site, ALLNEWLOW does not solicit nor does
it wish to receive any confidential, secret or proprietary information or other
material from you through the Web Site or ALLNEWLOW mail and e-mail addresses,
or in any other way. Any information or material submitted or sent to ALLNEWLOW,
will be deemed not to be confidential or secret. By submitting or sending
information or other material to ALLNEWLOW you represent and warrant that the
information is original to you and that no other party has any rights to the
material.
User’s Grant Of Limited License
By communicating with ALLNEWLOW, including submitting or sending Content, a
Contribution or other information or material to the Web Site, you grant ALLNEWLOW
the royalty-free, unrestricted, world-wide, perpetual, irrevocable, exclusive
and fully sub-licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such Content (in whole or part), including any information,
suggestions, ideas, drawings or concepts contained in such Content, worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or later developed. Such license includes incorporating a Contribution,
in whole or in part, into an ALLNEWLOW feature. You will remain responsible for
the accuracy, copyright compliance, legality, decency, or any other aspect of
such submitted material, including any Contribution or part thereof, or other
communication to ALLNEWLOW.
You also warrant that any “moral rights” in posted materials have been waived.
Linked
Sites
You may be able to link to third parties’ Web Sites (”Linked
Sites”) from the Web Site or any other ALLNEWLOW website. Linked Sites are not,
however, reviewed, controlled, or examined by ALLNEWLOW in any way and ALLNEWLOW
is not responsible for the content, availability, advertising, products or
other materials of any such Linked Sites, or any additional links contained
therein. These links do not imply ALLNEWLOW’s endorsement of or association with the Linked Sites. It is your sole
responsibility to comply with the appropriate terms of service of the Linked
Sites as well as with any other obligation under copyright, secrecy,
defamation, decency, privacy, security and export laws related to the use of
such Linked Sites and any content contained thereon. In no event shall ALLNEWLOW
be liable, directly or indirectly, to anyone for any loss or damage arising
from or occasioned by the creation or use of the Linked Sites or the
information or material accessed-through these Linked Sites. You should direct
any concerns to that site’s administrator or webmaster. ALLNEWLOW reserves the
exclusive right, at its sole discretion, to add, change, decline or remove,
without notice, any feature or link to any of the Linked Sites from the Web
Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN
SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE
OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL
ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING,
READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE
THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE,
COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS
THESE LINKED SITES.
Permission must be granted by us for any type of link to the Web Site. To seek
our permission, you may write to ALLNEWLOW. We reserve the right, however, to
rescind any permission granted by us to link through any type of link, and to
require termination of any such link to the Web Site, at our discretion at any
time.
Intellectual
Property Rights
All materials contained in this Web Site are the copyrighted
property of ALLNEWLOW and its affiliates or licensors. As between ALLNEWLOW and
you, ALLNEWLOW is the sole owner of all content on the Web Site, including
without limitation, all applicable U.S. and non-U.S. copyrights, patents,
trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and
Conditions, you may not download or save a copy of the Web Site or any portion
thereof, for any purpose. You may, however, print a copy of individual
screens appearing as part of the Web Site solely for your personal,
non-commercial use or records, provided that any marks, logos or other legends
that appear on the copied screens remain on, and are not removed from the
printed or stored images of such screens. All title and intellectual property
rights in and to the content of the Linked Sites is the property of the
respective content owner and may be protected by applicable copyright or other
intellectual property laws and treaties.
Parental
Permission
This Web Site is not intended to be a children’s site,
therefore, some of the available information may concern certain topics that
may not be appropriate for children. ALLNEWLOW may, at its discretion, require
users under 18 to obtain the consent of a parent or guardian to view certain content, and ALLNEWLOW may limit access to certain content
to users above a specified age. You agree to abide by any such restrictions,
and not to help anyone avoid these restrictions.
Privacy
Policy
We are committed to protecting your privacy and security and
have explained in detail the steps we take to do so. We urge you to read our
privacy policy.
Disclaimer
Of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS”
AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITATION OF THE FOREGOING, ALLNEWLOW SPECIFICALLY DISCLAIMS ANY AND
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i)
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS,
RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB
SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF
NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR,
OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) 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, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE
OF ACTION. ALLNEWLOW DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE
WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING
ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO
THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
ALLNEWLOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT ALLNEWLOW OR
ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Limitation
Of Liability
IN NO EVENT WILL ALLNEWLOW, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR
ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES
ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO
USE THE WEB SITE, EVEN IF ALLNEWLOW OR ITS AGENTS SHALL HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, ALLNEWLOW’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
Indemnification
Upon a request by ALLNEWLOW, you agree to defend, indemnify
and hold ALLNEWLOW, its affiliates, officers, directors and employees harmless
from any and all claims, liabilities, costs and expenses, including reasonable
attorneys’ fees, arising in any way from your use or misuse of the Web Site or
Services, or the uploading, posting, publishing, e-mailing, reproduction,
distribution or transmission of any Content or other materials by you or users
authorized by you or any violation of these Terms and Conditions by you. ALLNEWLOW
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with ALLNEWLOW in asserting any available defense.
Applicable
Laws / Jurisdiction
You agree that the laws of the State of California,
excluding its conflicts-of-law rules, shall govern these Terms and Conditions.
Please note that your use of the Web Site may be subject to other local, state,
national, and international laws. You expressly agree that exclusive
jurisdiction for any claim or dispute with ALLNEWLOW or relating in any way to
your use of the Web Site resides in the courts of the State of California, and
you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of California, in connection with any
such dispute and including any claim involving ALLNEWLOW or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers and content providers.
We control and operate this site from our offices in the San Francisco Bay Area
in California. We do not represent that materials on the site are appropriate
or available in all geographic locations, and accessing such from certain
locations may be illegal and prohibited. Persons who choose to access this site
from other locations do so on their own initiative,
and we are not responsible for compliance with local laws or other applicable
laws. You will not access the foregoing where prohibited by law.
Any inquiries concerning these terms and conditions of use should be directed
to our contact form.
Provisions
unenforceable or invalid
If any part of this agreement is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Assignment
You shall
not transfer, assign, sublicense nor pledge in any manner whatsoever, any of
your rights or obligations under this Agreement. ALLNEWLOW may transfer, assign
sublicense or pledge in any manner whatsoever, any of its rights and
obligations under this agreement to a subsidiary, affiliate, or successor
thereof or to any third party whatsoever, without notifying you or receiving
your consent.
If you have any questions about this policy or our site in general, please
contact us at info@allnewlow.com.
For all advertising inquiries, please contact ads@allnewlow.com.