Terms and Conditions
Welcome to
Newport Daily News - 51! By becoming a member you
can upload pictures you have taken and have them altered to your own
personality, stored, and printed on our
Newport Daily News - 51
website (Site). We
have created a safe and easy way for you to order pictures, but it is important
to review the Terms and Conditions (Terms) located below.
The Terms may be changed or updated at any time, but any revisions may be
viewed here. Upon entering and use
of the Site, you subject yourself to an acceptance of the Terms and are bound
by them. Acceptance of the Terms creates a binding legal agreement between you
and
Newport Daily News - 51
(we, us, or Newport Daily News - 51)
that you will use the services in a matter accordingly with the Terms.Any
questions pertaining the Terms maybe e-mailed to:
orders@mynewsphotos.com.Your usage of the site and its
service (Service) is solely conditioned to and subject to your
compliance to the Terms.If you do not agree with the Terms, do not proceed with
the usage of the Site or Service.
I. Terms of Membership
Newport Daily News - 51
membership (Membership) is available to you if you are at least 13
years of age and you must submit certain information to
Newport Daily News - 51
including a correct name and e-mail address.
If you are under the age of 18, transactions may only be carried through a
credit card belonging to your parent or legal guardian.In addition to becoming
a Member, you agree to provide
Newport Daily News - 51
with true, accurate, current, and complete information about yourself when the
Service requests such information.
Newport Daily News - 51
Services are for personal use only unless another agreement is decided upon.
If you, your parent, or legal guardian have any questions or concerns, please
feel free to contact us:
orders@mynewsphotos.com.
II. About Your Account
There is no fee to open an account and hold an album. You may store an unlimited number of photos in your
Newport Daily News - 51 albums. Your photos will remain in your
Newport Daily News - 51 online albums indefinitely, as long that album has sales activity.
To be considered an active album there must be at least one photo ordered from that album through the website at least once every 365 days.
Access to your account is needed for the following reasons:
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We can remind you of your password in case you forget it. If this becomes
necessary, we will send an e-mail upon your request to the address from which
you opened your account;
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To maintain our Service to you and develop new and useful features and
services;
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To follow a court order, subpoena, complaint, or a lawful request from
governmental authorities.
III. Termination
You agree and acknowledge that
Newport Daily News - 51, in its sole discretion, may terminate your
membership or use of the Service, and remove and discard any Content including,
but not limited to, any and all information, communications, postings, albums,
image files, or any other content within the service, at any time, without
notice, for any reason, including but not limited to:
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Conduct violating these Terms or other policies or guidelines, set forth by
Newport Daily News - 51
elsewhere on the Site;
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Conduct that
Newport Daily News - 51
believes is harmful to other
Newport Daily News - 51
users, the business of SmarttNet, Inc., or other third party
information providers;
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Failure to continue Active Participation;
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Conduct that violates the letter or spirit of these Terms.
Further, you agree that
Newport Daily News - 51
shall not be liable to you or any third-party for any termination of your
access to the Service.
IV. Member Conduct
Newport Daily News - 51
does not control the content of any Members pictures and does not have any
obligation to monitor such content.
Therefore, all content is the responsibility of the Member, not
Newport Daily News - 51.
The following uses of
Newport Daily News - 51
are strictly prohibited. Any
members account that contains material that violates these guidelines can
be removed without notice:
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Photographs that contain nudity and/or pornographic material of any kind;
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Photographs or content that contain bigotry, prejudice, racism, hatred, or
profanity;
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Material that is unlawful, threatening, harmful, obscene, or otherwise
objectionable;
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Copyrighted material that is used without the express permission of the owner;
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Content that violates or encroaches on the rights of others;
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Content or other material that contains viruses, worms, corrupt files, Trojan
horses, and other forms of corruptive code or any other content, which may
compromise the
Newport Daily News - 51
Service;
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Content that harms minors in any way.
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Any material that references a site that promotes any of the above
Newport Daily News - 51
has the sole discretion to determine whether Content is Prohibited Content, and
any Content submitted to the Service may be subject to examination from time to
time.You acknowledge that although
Newport Daily News - 51
does not and will not examine and review all content submitted or transmitted
to the Service,
Newport Daily News - 51
has the absolute right (but not the obligation) to delete, move, and edit
materials for any reason, at any time, without notice.You are responsible for
any Content that you or your invitees submit. In addition you understand that
by viewing the Site, you may be exposed to Content that you consider to be
offensive and you take sole responsibility for such exposure. You also
acknowledge that SmarttNet, Inc. in no way guarantees the accuracy,
quality, or appropriateness of Content available on the Site.In no event shall
SmarttNet, Inc. (including its officers, directors, employees,
affiliates, and agents) be liable for claims of any nature, whether direct or
indirect, arising from or related to any Content made available on or through
the Service, including (without limitation) errors or omissions in such
Content, and loss or damages incurred as a result of use of such Content.
V. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part
of the Service, use of the Service, or access to the Service for any commercial
purposes without written consent from SmarttNet, Inc.
VI. Limitation of Liability
You expressly acknowledge and agree that, to the fullest extent permitted under
law, SmarttNet, Inc. will have no obligation or liability (whether
arising in contrast, warranty, tort (including negligence), product liability
or otherwise) for any incidental, indirect or consequential damages or
liabilities (including, but not limited to, and loss of data, revenue or
profit) arising with respect to your use of the site or the service, even if
you have been advised of the possibility of such damages.This foregoing
limitation applies to damages arising from (i) use or inability to use the
service; (ii) cost of procurement of substitute goods and services resulting
from any goods or services purchased through or from the Service; (iii)
unauthorized access to or alteration of your transmissions by third parties;
(iv) third party content made available to you through the service or; (v) any
other matter relating to the service.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.This warranty gives you specific legal rights, and you may have other
rights which vary from state to state.
VII. Third Party
SmarttNet, Inc. may provide links to third party sites that might be of
some interest to you.We have no control over the content or availability of the
contents of these sites.It is your responsibility to become familiar with each
sites privacy and other policies and terms of service, and to contact
that sites webmaster or site administrator with any concerns.
SmarttNet, Inc. may make software from third party companies available
to you.To download such software, you must first agree to the respective
software licenses and/or warranties.Each software product is subject to the
individual companys terms and conditions, and the agreement will be
between you and the respective company.
This means that
Newport Daily News - 51
does not guarantee that any software you download will be free of any
contaminating or destructive code, such as viruses, worms, or Trojan horses.We
do not offer any warranty on any third party software you download using our
Service.
VIII. Choice of Law
The state and federal courts of California shall be the exclusive forum and
venue to resolve any and all disputes arising out of or relating to these Terms
and Conditions.You consent to personal jurisdiction and venue by state and
federal courts of the State of California.
IX. Reporting Violations
You can report violations of these Terms to
orders@mynewsphotos.com
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