Terms of use

Last Updated: October 29, 2018

Welcome to the New Com Tech, LLC. ("New Com") web site - www.newcom.com - and any other web sites or services owned or operated by New Com (the "New Com Service").

By accessing the New Com web pages or by clicking "I agree" when registering to the service, You agree to be bound by these Terms of Use intended to help protect New Com and New Com Service users and the internet community in general from irresponsible or, in some cases, illegal activities. You hereby represent and warrant to New Com that you are at least eighteen (18) years of age or and otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms of Use. If you use the New Com Service on behalf of a business, you hereby represent to New Com that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in these Terms of Use.

New Com reserves the right, at New Com' discretion, to change, modify, add, or remove portions of these Terms of Use at any time by posting the amended Terms of Use to the New Com Service. All registered users will be notified by e-mail or via a notice on the web site (when user log in). Your continued use of the New Com Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms of Use or fees will automatically be effective thirty (30) days after they are initially posted on the New Com Service.

The data and materials on the New Com Service, except the Published Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the New Com Service (collectively, the "Materials") are the intellectual property of New Com, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with New Com, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to New Com or its affiliates and/or third party licensors. Except as expressly authorized by New Com, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. New Com reserves all rights not expressly granted in and to the New Com Service and the Materials.

Published content

You accept your sole liability for any material including, but not restricted to, data, graphic, photographic, and video supplied to New Com or published on the Internet using New Com Service (collectively, the „Published Content“), which is subject to copyright or is judged to be of an unlawful nature or to be in violation of international law or regulation.

Under no circumstances will the storage and transmission of pornographic materials in any form whatsoever be allowed through or on New Com’s servers and data transmission cables. The term and content of “pornographic materials”, is purely at the discretion of the Directors of New Com. Their decision in such matters is full and final.

You acknowledge that the service may only be used for lawful purposes. Any information including but not restricted to, graphic, image, photograph, text in violation of any international regulation(s) including but not restricted to material which is obscene, indecent, judged to be unlawful, threatening, damaging (including any transfer of a computer virus), copyright, trade secret, is prohibited whether or not the customer was aware of the content, material and or the laws pertaining to the material.

New Com reserves the right to limit the transfer of data if necessary for any reason.

You acknowledge that you shall be solely responsible for any violation of International law with regard to the remote loading of information of any kind onto the New Com servers/computers, to view or download, or by a third party. New Com will retain the right to suspend and or terminate any remote service which they deem to be in breach of International law or is of a nature which may be damaging, threatening or judged to include but not restricted to material which is obscene, indecent, libelous, subject to copyright whether or not the customer was aware of the content or the laws or regulations pertaining to it Internationally.

You acknowledge your sole liability with regard to any claim by third parties alleging any infringement of rights of any kind due to transmission of any information viewed by the customer and shall include any infringement of rights under International law and or regulation and as such agrees to pay to New Com any costs incurred in the defense of any action brought against them by a third party arising from such claims.

You retain all of your ownership rights in your Published Content. However, when using any of our subscription plans that is free of charge, by submitting Published Content to New Com Service, you hereby:

  1. grant New Com a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform, edit, and otherwise exploit your Published Content solely in connection with the New Com Service and New Com's (and its successor's) business, including without limitation for promoting and redistributing your Published Content or part of or all of the New Com Service (and derivative works thereof) in any media formats, media channels or medium now or hereafter in existence (“License 1”);
  2. grant each user of the New Com Service a non-exclusive license to access your Published Content through the New Com Service, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such Published Content solely as permitted through the functionality of the New Com Service and under these Terms of Use (“License 2”).

If you use any of our paid subscription plans, you grant us the rights to your Published Content to the extent as reasonably necessary for provision of the New Com Service.

License to Published Content

We require certain licenses from You, as set forth in these Terms, in order to operate and enable the Services. Your acceptance of the Terms gives us the permission to do so and grants us any rights necessary to provide the Services to you. This permission includes allowing us to use third-party service providers in the operation and administration of the Services, and the rights granted to us are extended to these third parties to the degree necessary. You further authorize us to use on the Website or other websites and for our marketing, your company name and corporate trademark, linking to your website, for the purpose of publishing the fact that you are a user of these Services. In addition, You also agree that You will consider in good faith participating in and consenting to any press release of New Com relating to your use of our technologies and Services. We will not release or publish information about You without your prior approval.

You understand that when using the New Com Service, you will be exposed to Published Content from a variety of sources, and that New Com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Published Content or other content. You further understand and acknowledge that you may be exposed to Published Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against New Com with respect thereto. New Com does not endorse any Published Content or any opinion, recommendation, or advice expressed therein, and New Com expressly disclaims any and all liability in connection with the Published Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST New Com WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD New Com, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND END USER CONTENT AND USE OF THE New Com SERVICE.

Copyright infringement notification

If you are a copyright owner or an agent thereof and believe that any content on the New Com Service infringes your copyrights, you may submit a written notification on our support page.

If you receive notice from New Com that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide New Com with a counter notification. To be valid, a counter notification must be a written communication provided through our support portal.

New Com reserves the right to terminate without notice your access to the New Com Service if You are determined by New Com to be a "repeat infringer." In addition, New Com accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

Advertising

You agree that New Com may display advertisements and promotions of all kinds in and with the New Com Service (including the Published Content). You understand that New Com may have agreements with websites including revenue sharing from advertising or transactions, and new user bounties. You understand that you are not entitled to any benefits received by New Com related to such advertisements or promotions.

Security

You are required to protect the security of your internet account and usage. Your security policies and procedures, their implementation and their connection to the Internet are Your responsibility. You will treat your password as private and confidential and will not disclose or share it with any third parties.

Limited Liability

Any liability arising from, including but not restricted to, damages caused or allegedly caused by any failure to provide the agreed service, error, omission, interruption of service and or delay of transmission of service, loss of electronically stored information due to, theft, fire, destruction, or by means of unauthorized access to electronic information stored on New Com’s equipment or third party providers utilized by New Com, shall be restricted to a maximum of the amount paid by the customer for the service/s provided by New Com or agent of New Com in respective period minus administration costs.

Fair Use and Availability

The New Com Service is provided to you only on an "as-available" basis and New Com does not guarantee that the New Com Service will be will be uninterrupted or error free. New Com does not guarantee specific monthly uptime levels in regards to the New Com Service, except as specifically agreed otherwise.

General

Breaching of any of these terms and conditions in any form will allow New Com to terminate the contract between you and the company operating as New Com Tech, LLC. Monies outstanding or owed to either parties will be decided by New Com and it’s decision in such matters will be full and final.

Use of New Com services and goods, including domain names, constitutes acceptance of these terms and conditions.

Governing Law

These Terms are governed by and shall be construed in accordance with laws of Florida, USA.

Data Processing

You acknowledge that in provision of the New Com Service, in particular when processing the Published Content, New Com acts as the data processor and you act as the data controller under the GDPR. It is your responsibility to obtain and maintain any required consents necessary to permit the processing of the Personal Data by New Com.

Privacy Policy

The New Com Privacy Policy applies to and forms an integral part of these Terms.