2. These Terms may be occasionally updated, so please refer back to them in the future. By using this Website you agree to be bound by the then current version of these Terms.
3. YOUR ACCESS OR USE OF ANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
Use of Website
4. You are permitted to use our website for your own personal use and to print and download material from this Website provided that you do not modify any content without our consent. You are also free to bookmark and share links directing others to content on this Website. Material on this website must not otherwise be reproduced or republished, either online or offline, without our written permission.
Intellectual Property Information
6. The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior written consent.
7. Subject to paragraph 4, no part of this Website may be reproduced without our prior written permission.
Site Up Time
8. We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to maintenance, server or technical issues. Therefore, we will not be liable if this Website is unavailable at any time.
10. Users agree not to use the Websites or Services to:
(a) Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
(b) Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
(c) Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
(d) Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
(e) Intimidate or harass another;
(f) Use or attempt to use another’s account, service, or personal information;
(g) Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
(h) Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
(i) Use any means to bypass or ignore robots.txt, or other measures we use to restrict access or use of the Websites or Services;
(j) Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
(k) Post or transmit any personally identifiable information about persons under 13 years of age.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
11. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of paragraph 10 of these Terms.
12. You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. My New Usual™ may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that My New Usual™ determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. My New Usual™ does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize My New Usual™ to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and My New Usual™ will take reasonable steps to promptly remove such Content; provided, however, that My New Usual™ can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a My New Usual™ email list. If you choose to remove your Content, the license you granted when submitting such Content (see subparagraph (b)(ii), above) will remain in full force and effect in accordance with its terms.
14. You agree to indemnify and hold us and our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including, but not limited to reasonable attorney fees and other costs, that arise from or otherwise relate to your use of this Website, any content you supply to this Website, or your violation of these Terms or the rights of another.
Links to and from Other Websites
15. Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, doing so is at your own risk.
16. Links to other websites may contain affiliate links. If so, we may receive a commission if you purchase a particular product or take a particular action.
17. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with any applicable laws.
18. If you choose to link to our website in breach of Paragraph 17 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
19. This Website is for informational purposes only and we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
20. The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website. The material on this Website is provided ‘as is’ and you use it at your own risk.
21. The information contained on this Website constitutes general information and commentary only. This information does not take into account your specific circumstances and in no way constitutes legal, business, medical or other advice to you.
22. You understand that all content posted to this Website is the sole responsibility of the individual who originally posted the content. You also understand that all opinions expressed by users of this Website are expressed strictly in their individual capacities, and not as a representative of Website, its owner or any of sponsors or partners.
Exclusion of Liability
23. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include any peripheral costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
Termination of Use
24. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Website with or without notice and for any reason, including, without limitation, breach of these Terms.
25. These Terms shall be governed by and construed in accordance with the law of the State of California. By using this Website you agree that any dispute(s) arising in connection with this Website are subject to the exclusive jurisdiction of a state court located in Los Angeles County, California or the United States District Court for the Southern District of California.
Arbitration of Disputes
26. This Agreement contains a mandatory provision for arbitration of disputes that requires an individual arbitration rather than class actions or jury trials. In the event of a dispute, this provision so limits the remedies available to you.
27. You agree to indemnify and hold harmless My New Usual™ from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless My New Usual™ from and against any and all claims brought by third parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
Limitation of Liability
28. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL MY NEW USUAL™, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“MY NEW USUAL™ PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE MY NEW USUAL™ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MY NEW USUAL™ PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.
29. Copyright Complaints; DMCA Compliance.
My New Usual™ respects the intellectual property rights of others, and we prohibit users of our Websites and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.
Creative Commons complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). As required by the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. For more information, please refer to our DMCA Notice and Takedown Procedure (http://creativecommons.org/dmca). Contact our designated agent to report alleged copyright infringement. The designated agent is:
Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.
Content hosted on Third Party Websites is the responsibility of those Websites, and not of My New Usual™, regardless of whether the Content bears a My New Usual license. If you are the copyright owner of Content hosted on a Third Party Website, and you have not authorized the use of your Content, please contact the administrator of the hosting Website directly to have the Content removed.
29. Should you wish to contact us about these Terms, please send an email to firstname.lastname@example.org