2. The Network Media Website The Network Media Site includes the Network Media family of websites. The "Site" shall be defined as the set of web-based publications carrying the Network Media web pages, features, and services available on the networkmedia.com root domain. The Site also includes the contact form at https://www.networkmedia.com/newcreators. The Site, including without limitation, the text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Network Media or its licensors and, to the extent applicable, is protected by U.S. and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in “Use of Site” below. All rights not expressly granted are reserved. Changes to the Site may be made at any time without prior notice to you.
3. Use of Site Network Media hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access the Site provided that you do not modify or otherwise make any derivative uses of the Site in any way, use of any data mining, robots or similar data gathering or extraction methods; do not download (other than the page caching) any portion of the Site or any information contained therein, except as expressly permitted herein by Network Media; do not use the Site other than for its intended purpose and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site without Network Media’s prior written consent. In addition, you may not “mirror” the Site or the Site Content or any portion thereof without Network Media’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Network Media intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
You acknowledge and agree that Network Media may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or its Visitors generally at any time at Network Media’s sole discretion, without prior notice to you. You may stop using or accessing the Site at any time and do not need to expressly inform Network Media when you stop using or accessing the Site.
4.Third Party Sites
The Site may connect, link or integrate with other websites or platforms not provided by or managed by Network Media (“Non-Network Media Sites”). If you use Non-Network Media Sites: (a) Network Media does not warrant or support Non-Network Media Sites; (b) as between Network Media and Visitor, Visitor assumes all responsibility for the Non-Network Media Site and any disclosure, modification or deletion of your data and/or content by the Non-Network Media Sites; and (c) Network Media shall have no liability, and you are not relieved of any obligations under the Terms or entitled to any compensation, due to any unavailability of the Non-Network Media Site or any change in the ability of Network Media to link with the Non-Network Media Site.
All content and functionality on the Site is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Further, Network Media makes no warranties or representations about the accuracy or completeness of this Site, the Site Content, or the content of any website linked to this Site. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
6.General Disclaimers and Limitation of Liability
The content and functionality on the Site are provided with the understanding that you shall remain solely responsible for your use of the Site and all Site Content and acknowledge that any reliance upon the Site Content shall be entirely at your sole option and risk. Network Media shall not be liable for any indirect, incidental, consequential, or punitive damages or losses or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
You hereby indemnify, defend, and hold harmless Network Media and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Network Media Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Network Media and/or Network Media Indemnified Parties in connection to any claims arising out of: (i) your use and access of the Site; (ii) your infringement of any third party’s intellectual property rights; and/or (iii) any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Network Media without restriction.
9.Governing Law and Jurisdiction
By using the Site, you agree to comply with all applicable laws and regulations, including but not limited to, privacy laws, copyright laws and other laws regarding intellectual property. These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. Any dispute arising from, relating to or in any manner connected with these Terms shall be litigated in the applicable state or federal courts of the State of New York, to the personal jurisdiction of which you hereby consent. You agree that any cause of action against Network Media arising out of or related to the Site and/or the Site Content must commence within one (1) year after the cause of action accrues.