- The Audience - The Terms of Use -

*IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this web site.*

Your use of this web site, http://www.newmedianinjas.com/theaudience/ (the "Web Site") is subject to the following terms and conditions of use (the "Terms"). You agree to these Terms by accessing this Web Site and/or by accepting any information from this Web Site. New Media Ninjas ("NMN" or "We") reserves the right in our sole discretion to modify, alter or otherwise change these Terms and you agree to be bound by such modifications, alterations or changes. We will post changes here, so check back periodically. Your continued use of this Web Site after the posting of any change in the Terms shall constitute your acceptance to be bound by any such changes. Please also review the terms of the Web Site's Privacy Policy.

The information and features included in this Web Site have been compiled from a variety of sources, are for informational and entertainment purposes only, and are subject to change at any time without notice. By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

Restriction on Use

This Web Site and all of the content it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by NMN or other third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms or on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of NMN or such third party that may own the Material or intellectual property displayed on the Web Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. As a user of the Web Site, you agree not to use the Material for any unlawful purposes and not to violate NMN's rights or the rights of others. You are advised that NMN will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you. NMN may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

You shall not post, send, upload, transmit, distribute, submit or otherwise publish, through User Forums or otherwise, any material, nor link to the Web Site from any online source that:

(i) is unlawful, abusive, indecent or obscene; (ii) promotes violence or illegal acts; (iii) contains expressions of racism; (iv) advertises or contains any solicitation of funds or unsolicited "junk" electronic mail; (v) is libelous, defamatory, scandalous, indecent, obscene, pornographic, threatening or inflammatory or is otherwise inappropriate; (vi) contains any viruses or other software that may adversely affect the operation of another"s computer; (vii) represents yourself as an individual other than yourself; (viii) infringes any intellectual property right of any entity or person, including, without limitation, violating anyone"s copyrights or trademarks or their right of publicity; (ix) violates any law; (x) violates or infringes upon the rights of NMN its users or the public, including material which is an invasion of privacy or publicity rights; (xi) advocates illegal activity or activity that would give rise to civil liability; (xii) solicits gambling or engages in any gambling activity; (xiii) interferes with anyone else"s use of the Web Site. (collectively, "Non-Approved Material").

User Forums

Certain areas of this Web Site may provide access to online user forums, bulletin boards or chat rooms ("User Forums"). *NMN does not endorse the content in such User Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Web Site. *

NMN does not and can not review every message posted by users in the User Forums, and is not responsible for the content of these messages. NMN reserves the right to, but is not obligated to, delete, move or edit content, in whole or in part, submitted by you to the Web Site and/or NMN for any reason, including a determination by NMN, in NMN"s sole discretion, that such content contains Non-Approved Material or violates any NMN Terms. In addition, NMN may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of NMN or to protect the safety of our users or the public.

Please be aware that certain User Forums may disclose a user"s IP address along with the user"s name and message. To protect your safety, please use your best judgment when using User Forums, and consider carefully whether you want to disclose any information that can be used to identify or locate you.

Disclaimers/Limitations on Liability

This Web Site AND all Material AND INTELLECTUAL PROPERTY contained on it are distributed "AS IS" without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, non-infringement or fitness for a particular purpose OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

*YOU AGREE THAT NMN and its parents, affiliates, subsidiaries, licensors and assigns ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEB SITE, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL NMN OR its parents, affiliates, subsidiaries, licensors OR assigns BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.

BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."*

NMN makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Web Site and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by NMN. Views and opinions of users of this Web Site do not necessarily state or reflect those of NMN. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Web Site.

The Internet may be subject to breaches of security. NMN is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing NMN any information. NMN makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

Indemnification

BY USING THIS WEB SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD NMN AND its parents, affiliates, subsidiaries, licensors AND assigns HARMLESS FROM AND AGAINST ANY 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: YOUR BREACH OF YOUR REPRESENTATIONS; YOUR VIOLATION OF THESE TERMS; A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS WEB SITE AND/OR THE MATERIAL 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 OR OTHER INTELLECTUAL PROPERTY RIGHT OR DEFAMES ANY PERSON OR VIOLATES THEIR RIGHT OF PUBLICITY AND/OR PRIVACY; ANY MISREPRESENTATION MADE BY YOU; AND/OR NMN"S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN NMN"S DEFENSE OF ANY CLAIM. NMN 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 MATTER WITHOUT THE WRITTEN CONSENT OF NMN.

Copyrights and Copyright Agents

NMN respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, NMN has designated a Copyright Agent to receive notice of claims of copyright infringement on the Web Site. Email ninjas@newmedianinjas.com with questions or concerns.

If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide NMN's Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the Web Site; 4. Your address, telephone number and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

Information You Submit

NMN does not accept unsolicited submissions for its motion pictures, web sites or other products and services. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by NMN"s staff might seem to others to be similar to their own creative ideas, suggestions or materials. Therefore, please do not make any such unsolicited submissions to NMN through this Web Site or otherwise, including, without limitation, story ideas, character ideas, plot suggestions, set or costume designs, or scripts. NMN will not review any such submissions, and we can not guarantee that we will respond to your comments or messages. If at our request you send a submission (for example, personal opinions or in connection with a special promotion), or if despite our request that you not send unsolicited submissions you transmit, submit and/or post any communication or material to the Web Site and/or NMN by electronic mail, in User Forums or otherwise, including any data, questions, comments, suggestions, personally identifiable information or the like, such communication and its contents are and will be treated as, nonconfidential and non-proprietary. Thus, subject to the Privacy Policy, anything you transmit, submit and/or post to the Web Site and/or NMN may be used by NMN for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting. In addition, and subject only to the terms of our Privacy Policy, NMN is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Web Site and/or NMN, for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products using such information. By submitting materials to this Web Site or NMN, you represent that such materials are original with you and do not violate the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. All submissions to the Web Site and/or NMN shall be the sole property of NMN and will not be returned.

Linking Policy

The Material of this Web Site contains intellectual property that is protected from unauthorized use, copying and dissemination by U.S. copyright, trademark and other laws. If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any NMN names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with NMN. Under no circumstances may you "frame" this Web Site or alter its intellectual property or Material in any other way. NMN reserves the right, in its sole discretion, to terminate a link with any Web site that it deems inappropriate or inconsistent with this Web Site and/or these Terms.

NMN is not responsible for the content or performance of any portion of the Internet including other World Wide Web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform NMN of any errors or inappropriate material found on Web sites to which this Web Site is or may be linked.

Promotions

This Web Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Web Site may be governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Web Site.

Membership & Registration

Certain areas and/or services offered via the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas and/or services offered via the Web Site. When you register or become a member of the Web Site or provide information to the Web Site in any other manner, you agree to provide only true, accurate, current and complete information.

If you become a member of the Web Site or any portion thereof, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. The Web Site reserves the right to terminate membership and deny access to the Web Site to any person who violates these Terms.

Location

NMN operates this Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access this Web Site form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action with respect to the Terms and/or your use of this Web Site must be filed in the County of Los Angeles, City of Los Angeles, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.

No software from the Web Site may be downloaded, exported or re-exported: (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department"s list of Specially Designated Nations or the U.S. Commerce Department"s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.

Violations and Additional Policies

NMN will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of NMN. NMN reserves the right to modify or discontinue this Web Site, or any portion thereof (including User Forums) without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by NMN, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof. You are advised that NMN will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.