ACCEPTANCE OF TERMS
Newfields has the exclusive right to control the accessibility, hours of use, content and features of the Website. Newfields can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. Newfields reserves the right to monitor use of the Website.
You are solely responsible for providing the equipment related to accessing the Website, including all computers, remote communications, telephone, or other equipment.
YOUR LICENSE TO USE THE CONTENT
All of the content on the Website is the copyrighted property of Newfields or Newfields’ third party content providers (the “Partners”). Some videos have been made available on the Website under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license, as designated on the Website. Some videos provided by Newfields’ Partners may be governed by the Partner’s license terms, which can be accessed by following the link next to the video. The download or embed features of these videos may be disabled. Except where provided otherwise on the Website, you may view and download (including embedding on your website), for personal, non-commercial, non-public use only, the video files that are posted on the Website. Unless it is expressly permitted on the Website, you may not copy, reproduce, modify, publish, upload, post, transmit, “frame” on another site, sell, broadcast/podcast, or distribute any content on the Website in any way. You must retain all copyright and other proprietary notices on any authorized reproductions of any material downloaded from the Website. Any Partners trademarks and content appearing on the Website are the property of their respective owners. You are not permitted to use any of these third party trademarks or content without permission of the respective owner.
You expressly agree to refrain from doing, either personally or through an agent, any of the following:
- Gain access to any Website content by bypassing or hacking through any requirement to submit a login or user ID.
- Use any device or other means to harvest information about other users of the Website.
- Transmit, install, upload or otherwise transfer any virus or other item or process to the Website that in any way affects the use, enjoyment or service of the Website.
- Post any material on the Website that is offensive to any other user. Newfields maintains the exclusive right to determine what is offensive.
- Post or store on the Website any content that violates or infringes the intellectual property or rights of publicity.
- Modify the information, including headers and footers, found on the Website.
- Transmit, install, upload, or otherwise transfer to the Website any unauthorized advertisement or communication.
- Modify, enhance, or otherwise alter in any way any portion of the ArtBabble video player or its underlying technology
- Engage in any action which Newfields determines is detrimental to the use and enjoyment of the Website.
- Use the Website for any unlawful or defamatory means.
- Transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
DISCLAIMER AND LIMITATION OF LIABILITY
Although Newfields has attempted to provide accurate information on the Website, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein. YOUR ACCESS OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER NEWFIELDS NOR ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF NEWFIELDS, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT, OR ANY OTHER MEANS. NEWFIELDS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, NEGLIGENT ACTIONS, OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL NEWFIELDS OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL NEWFIELDS OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, OR EMPLOYEES BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
THIRD PARTY CONTENT
Newfields is not the publisher or speaker of any information on the Website that is provided by the Partners or by you, and Newfields is not liable for any claims related to that information. Any mention on the Website of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Newfields. Newfields assumes no responsibility for those products or services.
NEWFIELDS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED BY THE PARTNERS TO YOU VIA THIS WEBSITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS WEBSITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER WEBSITE. ADDITIONALLY, NEWFIELDS DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
You agree to defend, indemnify and otherwise hold harmless Newfields and its officers, directors, agents, affiliates, and employees from and against any cause of action or claim, including legal fees, related to your use of the Website.
You are prohibited from violating or attempting to violate the security of the Website. Newfields will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
COPYRIGHT INFRINGEMENT NOTIFICATION
In operating ArtBabble, Newfields acts as a “service provider” as defined in the Digital Millennium Copyright Act (“DMCA”) and offers services as an online provider of materials and links to third party websites. If you believe any material available via the Website, you should notify us. Newfields will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures outlined in the DMCA to resolve the claim between the notifying party and alleged infringer. To provide Newfields notification of a claim of copyright infringement on this Website, please provide Newfields with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Newfields to identify the material;
- Information that is reasonably sufficient to permit Newfields to contact the complaining party, such as address, telephone number and, if available, e-mail address;
- A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law and not subject to the laws of fair use; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright Infringement Notifications should be submitted to:
Rights and Reproductions Department
4000 Michigan Road
Indianapolis, IN 46208