Terms of Service for NEWLAND12.COM
These Terms of Service are effective as of June 20, 2018.
Terms of Service - Binding
By visiting our website and accessing the information, resources, services, products, and tools we provide, either directly or indirectly (collectively, “Services”) you understand and agree to accept and adhere to the following terms of service (hereinafter, “Terms of Service” or “TOS”). Your use of the Services, including our website, constitutes your unconditional agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Services. These TOS govern everyone who uses the Services (each, “you” or a “User”).
The Services are intended solely for users who are twenty-one (21) years of age and older.
Changes to Services and/or Terms of Service
Newland12.com reserves the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the Services, these TOS, or the Other Policies, in whole or in part, at any time. When we amend these TOS, we will revise the “last updated” date located at the bottom of these TOS for an amount of time that we determine in our sole discretion. For material changes to these TOS, we may, but are not required to, notify you by displaying a notice when you first use the Services after such changes have been made. We may also, at our discretion, provide notification of changes by other means. If you use the Services in any way after these TOS or Other Policies have been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these TOS will be available on the Newland12.com website and will supersede all previous versions of these TOS.
You acknowledge and agree that it is your responsibility to review these Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this site and/or any Services after such modifications will constitute acknowledgment and agreement of the modified Terms of Service.
The Services may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Services or any Third Party Applications, Software or Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You may not reproduce, copy, resell, manipulate or exploit any part of the Services or any content or materials provided therein for any commercial purpose.
Responsible Use and Conduct
By visiting our website and accessing the Services, you agree to use these Services only for the purposes intended as permitted by (a) these Terms of Service, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You understand and agree that:
a. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as a condition to your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date. Users who provide inaccurate, false, or non-current registration information may, at NEWLAND12.COM’s sole discretion, have their accounts suspended or terminated, and may be permanently banned from using the Services and/or any other NEWLAND12.COM service, and may be subject to any other penalty determined by NEWLAND12.COM.
b. In order to register to use some of our Services, you will be responsible for creating, and maintaining the confidentiality of, a username and password. We ask that you select a username other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your account information, as sharing your password with others may lead to unauthorized access to your account information. You are responsible for all activity occurring under your account. You agree that you will: (i) immediately notify NEWLAND12.COM of any unauthorized use of your username or password; and (ii) ensure that you properly exit a Communication Tool at the completion of your session. NEWLAND12.COM shall have no liability for any loss or damage arising from your account or your failure to comply with these requirements.
c. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks on or to which our Services are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Services is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, and may incur criminal or civil liability for your actions.
g. We may provide various open communication tools on our website, including but not limited to blog comments, blog posts, public chat, forums, message boards, newsgroups, email functions, messaging services, file communities, virtual communities featuring digital or virtual assets, product ratings and reviews, polls, surveys, and various social media services (collectively, “Communication Tools”). You understand that we cannot and do not pre-screen or monitor the content posted by users of these various Communication Tool. If you choose to use these Communication Tools to submit any content to our website, it is your personal responsibility to use these tools in a responsible and ethical manner and you will be solely responsible for the reliability, accuracy, and truthfulness of such content, and solely liable for it. NEWLAND12.COM has no control over such content. Additionally, NEWLAND12.COM has no control over whether any such posted content is of a nature that users will find offensive, distasteful, or otherwise unacceptable, and expressly disclaims any responsibility for such material. By posting information or otherwise using any open Communication Tools, you agree not to do any of the following actions:
We have the right at our sole discretion, but not the obligation, to remove any content that we feel does not comply with these Terms of Service, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any Communication Tools on our website, provided that it does not violate or infringe on any third party copyrights or trademarks, becomes the property of NEWLAND12.COM, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute in our sole discretion. This only refers and applies to content posted via Communication Tools as described, and does not refer to information that is provided as part of the registration process and/or that is otherwise necessary in order to use our Services.
The Services are vigorously against the practice commonly referred to as “spamming.” Any user who is reported to be generating spam, and whose “spamming” is validated by the Services, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of NEWLAND12.COM. Additionally, any prizes (if any) may be voided at the sole discretion of NEWLAND12.COM. NEWLAND12.COM defines “Spam” as it is commonly understood, and includes the following:
Services Provided “As-Is”
By using our website, you understand and agree that all Services we provide are "as is" and "as available". This means that we do NOT represent or warrant to you that:
i) Use of our Services will meet your needs or requirements;
ii) Use of our Services will be uninterrupted, timely, secure or free from errors;
iii) The information obtained by using our Services will be accurate or reliable; or that
iv) Any defects in the operation or functionality of any Services we provide will be repaired or corrected.
v) Further, you understand and expressly agree that any content downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) No information or advice, whether expressed, implied, oral or written, obtained by you from NEWLAND12.COM or through any Services we provide, shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Service.
Limitation of Liability
THE SERVICES AND ANY SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEWLAND12.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEWLAND12.COM DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICES, THE SERVICES MATERIALS, THE COMMUNICATION TOOLS, OR ANY SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVERS THAT MAKES THEM AVAILABLE, OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. NEWLAND12.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE COMMUNICATION TOOLS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NEWLAND12.COM) 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.
THE MATERIAL PROVIDED ON THE SERVICES IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. INFORMATION AND OPINIONS EXPRESSED IN THE COMMUNICATION TOOLS ARE NOT NECESSARILY THOSE OF NEWLAND12.COM. NEWLAND12.COM AND ITS OWNERS, MEMBERS, OFFICERS, LICENSORS, AFFILIATES, AGENTS AND EMPLOYEES ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE SERVICES.
UNDER NO CIRCUMSTANCES, SHALL NEWLAND12.COM OR ITS OWNERS, MEMBERS, LICENSORS, OFFICERS, AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE COMMUNICATION TOOLS, OR ANY SOFTWARE, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF NEWLAND12.COM OR ITS OWNERS, MEMBERS, LICENSORS, OFFICERS, AFFILIATES, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE NEWLAND12.COM TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, NEWLAND12.COM AND ITS OWNERS, MEMBERS, LICENSORS, OFFICERS, AFFILIATES, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
BY USING THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FREE NEWLAND12.COM AND ITS OWNERS, MEMBERS, LICENSORS OFFICERS, AFFILIATES AGENTS AND EMPLOYEES FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO THE FOLLOWING ACTIONS TAKEN BY YOU OR ANOTHER PERSON OR ENTITY USING YOUR ACCOUNT: USE OF THE COMMUNICATIONS TOOLS; POSTING OF CONTENT; BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; VIOLATION OF THESE TERMS OR ANY LAW; USE OF THE SERVICES IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU AND/OR ANOTHER PERSON OR ENTITY USING YOUR ACCOUNT; AND/OR NEWLAND12.COM’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN NEWLAND12.COM’S DEFENSE OF ANY CLAIM. NEWLAND12.COM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF NEWLAND12.COM.
All content and materials available on NEWLAND12.COM, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of NEWLAND12.COM, and are protected by applicable copyright, publicity, trademark and other laws and by international treaties. Any inappropriate or unauthorized use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited.
Termination of Use
You agree that we may, at our sole discretion and at any time, suspend or terminate your access to all or part of our website and Services (including, without limitation, your account, Communication Tools, your password, and any content you may have posted using Communication Tools), and we may discard or remove any content posted or submitted by you using Communication Tools, with or without notice and with or without reason, including, without limitation, violation of these Terms of Service. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Following termination, your right to use the Services will immediately cease and NEWLAND12.COM will delete all information about and concerning your Account, including your registration information and content you submitted using Communication Tools, unless NEWLAND12.COM is required to store such information for the protection and pursuit of its legal rights and obligations under any laws that are applicable to its operations. Additionally, if your access to the Services and/or NEWLAND12.COM has been terminated or suspended by NEWLAND12.COM for any reason, you are not eligible to enter or participate in any NEWLAND12.COM programs. You understand and agree that NEWLAND12.COM shall not have any liability to you or any other person for any suspension or termination of your access to any Communication Tools and/or the removal of information concerning your account.
If you are a copyright owner and believe that any content appearing on the Services has been copied in a way that infringes upon your copyrights, you may submit a notification to NEWLAND12.COM pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) to the Copyright Agent named below:
Newland 12 LLC
9151 Atlanta Ave #7624
Huntington Beach, Ca 92615
626 226 0007
Upon receipt of the written notification as outlined above, NEWLAND12.COM will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; and (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
By this filing, NEWLAND12.COM seeks to preserve any and all exemptions from liability that may be available under the DMCA or otherwise but does not necessarily stipulate that it is a service provider as defined in 17 USC § 512c or elsewhere in the law.
Governing Law and Disputes
These TOS shall be governed by, and construed in accordance with, the laws of the State of California and the United States of America, without giving effect to any choice of law or conflict of law or other principles that would result in the application of any other jurisdiction’s laws.
By using the NEWLAND12.COM website and Services in any way you unconditionally consent and agree that any claim, dispute or controversy (whether in contract, tort or otherwise) you may have against NEWLAND12.COM or the officers, directors, members, or employees of NEWLAND12.COM and any of its parent, subsidiaries, affiliates, arising out of, relating to, or connected in any way with the Services, or the determination of the scope or applicability of these TOS, will be resolved exclusively by the State or United States Federal courts in the State of California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
The Services are controlled and operated by NEWLAND12.COM from its offices within the State of California, United States of America. NEWLAND12.COM makes no representation that the Services and/or any content available on or through the NEWLAND12.COM website, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the U.S.A. Those who choose to access the Services from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws. Use of the Services, including the NEWLAND12.COM website, is void where prohibited by applicable law.
Software from the Services may be further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country subject to U.S. embargo or trade sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You are solely responsible for your interactions with other users of the Services, including users of Communication Tools. NEWLAND12.COM reserves the right, but has no obligation, to monitor disputes between you and other users.
If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these TOS, which will remain in full force and effect. No waiver of any of these TOS will be of any force or effect unless made in writing and signed by a duly authorized officer of NEWLAND12.COM. The section titles in these TOS are for your convenience only and do not have any legal or contractual effect.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: INFO@NEWLAND12.COM
Notice to California
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is NEWLAND 12 LLC located at 9151 Atlanta Ave #7624 Huntington Beach, Ca 92615. To file a complaint regarding the Services or to receive further information regarding use of the Services send a letter to the attention of the Legal Affairs Department at the above address. You may also contact us in writing at INFO@NEWLAND12.COM or by telephone at 657-464-9796.