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October 2005
Terms of use; acceptance of contract terms
The following are terms of an agreement between you and The New Media
Alliance, Inc. ("The New Media Alliance"). By accessing, browsing, or using
thenma.org you acknowledge that you have
read, understood and agree to be bound by these terms and the terms of our
privacy policy. If you do not agree to these terms and/or to the terms of
our privacy policy, please do not use the site. Users should check these
terms of use and the privacy policy periodically. By accessing, browsing or
using the site after these terms of use and/or the privacy policy are
revised, you agree to accept those revisions.
Users
Users agree to provide the site with accurate information in connection with
the purchase of any product or service purchased or obtained via or in
connection with the site.
The Site
The New Media Alliance reserves the right, in its sole discretion, to modify
and/or discontinue any part of the site or any services or products offered
via the site at any time, with or without notice. The New Media Alliance
authorizes you to view and download the materials at this website ("site")
only for your personal, non-commercial use, provided that you retain all
copyright and other proprietary notices contained in the original materials
on any copies of the materials. You may not modify the materials at this
Site in any way or reproduce or publicly display, perform, or distribute or
otherwise use them for any public or commercial purpose. Any use of these
materials on any other website or networked computer environment for any
purpose is prohibited. The materials at this site are copyrighted and any
unauthorized use of any materials at this site may violate copyright,
trademark, and other laws. If you breach any of these terms of use, your
authorization to use this site automatically terminates and you must
immediately destroy any downloaded or printed materials.
Links to Other Sites
The site may contain links to other sites hosted and/or maintained by third
parties. The New Media Alliance shall not be responsible for the content of
any third party sites that may be linked to or from
thenma.org.
These links are provided for your convenience, and you use them at your own
risk. A link to a third party site is not an endorsement of any third party
site or service. The New Media Alliance does not assume any responsibility
or liability for the content or use of any third party site or any third
party's products and/or services.
Product/Service terms of use
Certain The New Media Alliance products and services available through the
site may have their own terms of use. You agree to be bound by the terms of
the purchase with The New Media Alliance relating to the purchase of any
products or services via this site. You agree that in the event of any
conflict between these terms of use and the terms of your purchase, the
terms of the purchase shall control.
Software
Certain software ("software") that you may download from the site is the
copyrighted works of The New Media Alliance. Your use of the software is
governed by the terms of any end user license agreement that accompanies the
online download process. You may use the software only in accordance with
the terms of any accompanying license agreement, and you are prohibited from
using, reproducing, copying, in whole or in part, distributing, decompiling,
decrypting, reverse engineering, disassembling, displaying, downloading,
storing, transmitting, distributing, selling or otherwise commercially
exploiting any part of the software. Any third party software you may
download via the site is subject to the terms and conditions of the third
party's license agreement with you, if any. You hereby assure The New Media
Alliance that you will not sublicense, export, or transfer ownership rights
in the Software. In addition, you agree that you shall not violate any laws
or regulations regarding the export or distribution of software outside the
United States, including, but not limited to, encryption software.
Our Transmissions
Any material, information or
idea you transmit to or post on this site by any means will be treated as
non-confidential and non-proprietary, and may be disseminated or used by The
New Media Alliance or its affiliates for any purpose whatsoever, including,
but not limited to, developing, manufacturing and marketing products and
services. Notwithstanding the foregoing, all personal data provided to The
New Media Alliance will be handled in accordance with The New Media
Alliance' online
Privacy Policy.
You are prohibited from posting or transmitting to or from this site any
unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material, or any other material that
could give rise to any civil or criminal liability under the law.
Indemnification
You agree to indemnify and hold harmless The New Media Alliance, its
subsidiaries and affiliates, and their respective officers, employees and
agents, from any and all third party claims or demands, including reasonable
attorney's fees, arising out of your use of the site, your breach of these
terms of service and/or your infringement of any intellectual property
right(s).
Disclaimer and Limitation of Liability
The New Media Alliance assumes no liability for any errors or omissions
contained on or in the site. The site is offered to you on an "As Is" basis
without a warranty of any kind, either express or implied, including without
limitation, any warranty of merchantability or fitness for a particular
purpose.
THE NEW MEDIA ALLIANCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO
LOST PROFITS, LOST SAVINGS OR LOST POSTAGE, ARISING OUT OF THE USE OR
INABILITY TO USE THE SITE EVEN IF THE NEW MEDIA ALLIANCE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE NEW MEDIA ALLIANCE'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY
KIND RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT OR
OTHERWISE, EXCEED ONE DOLLAR ($1.00).
Waiver
The New Media Alliance's failure to enforce the strict performance of any
provision of this Agreement will not constitute a waiver of its right to
subsequently enforce such provision or any other provisions hereunder.
Choice of Law and Jurisdiction
The validity and interpretation of
this agreement and the legal relations of the parties to it shall be
governed by the laws of the state of Connecticut, without regard to its
conflict of laws principles. In the event of a dispute, the parties hereto
agree to consent to the exclusive jurisdiction of the state and federal
courts of the state of Connecticut.
Trademarks and Copyrights
The trademarks and service marks of The New Media Alliance are the
intellectual property of The New Media Alliance and its affiliates and
subsidiaries in the United States and certain foreign countries
(collectively "marks"). All third party trademarks on the site are the
property of their respective owners and are used with the owners'
permission. Except as provided by applicable law, the marks may not be used
and/or reproduced without the written permission of The New Media Alliance.
Those uses that are authorized must comply with The New Media Alliance's
trademark usage guidelines (provided when necessary upon request). All
copyrightable material ("material") on the site, including, but not limited
to, the arrangement and presentation of materials on the site, is protected
under copyright law as the exclusive property of The New Media Alliance. The
Material may not be used and/or reproduced without the written permission of
The New Media Alliance. Any third party copyrighted material appearing on
the Site is used with the owner's permission. The New Media Alliance will
enforce its intellectual property rights to the fullest extent permitted
under the law.
Other Trademarks
and Servicemarks
Other product and
company names are trademarks of their respective owners.
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Acrobat® |
Adobe Systems Incorporated |
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Adobe Acrobat® |
Adobe Systems Incorporated |
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