TERMS OF SERVICE AGREEMENT
Last Updated: December 21, 2020
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR WEBSITE(S) (THE “SITE”) OR
OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER,
OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS
BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY
AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this “Agreement” or “Terms”) is a legal agreement between
you and Newbeings 1619 (hereinafter ” Newbeings 1619″), a company duly organized and
validly existing, located at newbeings1619.us.
This Agreement annuls and voids all previous agreements.
The Site ( Newbeings1619.us) is operated by Newbeings 1619. Throughout the Site, the terms
“we”, “us” and “our” refer to Newbeings 1619. Newbeings 1619offers this Site, including all
information, tools and services available from this Site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree
to be bound by the following terms and conditions, including those additional terms and conditions
and policies referenced herein and/or available by hyperlink. These Terms apply to all users of
the Site, including without limitation users who are browsers, vendors, customers, merchants,
and/or contributors of content. In the event of an inconsistency between this Agreement and any
additional terms or policies referenced herein, the provisions of the additional terms or policies
Please read these Terms carefully before accessing or using our Site. By accessing or using any
part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this
Agreement, then you may not access the Site or use any Service. If these Terms are considered
an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms.
You can review the most current version of the Terms at any time on this page. We reserve the
right to update, change or replace any part of these Terms by posting updates and/or changes to
our Site. It is your responsibility to check this page periodically for changes. Your continued use of
or access to the Site following the posting of any changes constitutes acceptance of those
SECTION 1 – GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state
or province of residence, or that you are the age of majority in your state or province of residence
and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the
use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account
and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion
at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service
announcements and administrative or legal notices from us. Please note that you cannot opt out
of receiving these notices.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. Credit card information is
always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of
the Site, or access to the Site or any contact on the Site, without express written permission by
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Newbeings 1619content is not for resale. Use of the Site does not entitle users to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Newbeings 1619 and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Newbeings 1619 or our licensors except as expressly authorized by
SECTION 2 – CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Newbeings 1619 Site. The terms
“member,” “membership,” and “account” all refer to this registration as a member on Newbeings
1619’s Site. If you are merely surfing or browsing through the Site and have not yet created an
account, your use of the Site is still subject to this Agreement; if you do not agree to this
Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask
you to create a password. Because any activities that occur under your username or password
are your responsibility it is important for you to keep your username and/or password secure. You
may not assign or otherwise transfer your account to any other person or entity.
You acknowledge that Newbeings 1619 is not responsible for third party access to your account that
results from theft or misappropriation of your account. Notify us immediately if you believe that
someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,
Newbeings 1619 will have sufficient grounds and rights to suspend or terminate the member in
violation of this aspect of the Agreement, and as such refuse any and all current or future use of
Newbeings 1619 Services, or any portion thereof.
SECTION 3 – CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that you are
solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the Newbeings 1619 Services, and as such, we do not guarantee the
accuracy, integrity or quality of such content. It is expressly understood that by use of our
Services, you may be exposed to content including, but not limited to, any errors or omissions in
any content posted, and/or any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted or otherwise made available by Newbeings 1619.
Furthermore, you herein agree not to make use of Newbeings 1619’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content
that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful,
and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Newbeings
1619 officials, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary relationship
e) uploading, posting, emailing, transmitting or otherwise offering any such content that
may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual
rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any Newbeings 1619Services, servers and/or networks that
may be connected or related to our website, including, but not limited to, the use of any
device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the force of
l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a “foreign terrorist organization” in accordance to Section 219 of the Immigration
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in the
Newbeings 1619 herein reserves the right to pre-screen, refuse and/or delete any content
currently available through our Services. In addition, we reserve the right to remove and/or delete
any such content that would violate the Terms or which would otherwise be considered offensive
to other visitors, users and/or members.
Newbeings 1619 herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith belief that any such
action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of any
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Newbeings 1619, its visitors,
users and members, including the general public.
Newbeings 1619 herein reserves the right to include the use of security components that may
permit digital information or material to be protected, and that such use of information and/or
material is subject to usage guidelines and regulations established by Newbeings 1619 or any
other content providers supplying content services to Newbeings 1619. You are hereby prohibited
from making any attempt to override or circumvent any of the embedded usage rules in our
Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any
information or materials supplied by our Services, despite whether done so in whole or in part, is
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any
other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export laws;
d) agree not to post, transfer nor upload any software, technology or any other technical
data which would be in violation of the U.S. or other applicable export and/or import laws.
SECTION 5 – SUBMITTED CONTENT
Newbeings 1619 shall not lay claim to ownership of any content submitted by any visitor,
member, or user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Newbeings 1619 the below listed worldwide, royaltyfree and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas
of Newbeings 1619’s Sites, the license provided to permit to use, distribute, reproduce,
modify, adapt, publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the specific area to which this
content was placed and/or made available for viewing. This license shall be available so
long as you are a member of Newbeings 1619’s sites, and shall terminate at such time
when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Newbeings 1619’s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content
on our network Services are for the sole purpose of providing and promoting the specific
area in which this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Newbeings 1619’s sites and shall terminate at
such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas of Newbeings 1619’s sites, the continuous, binding and completely sublicensable license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in whole or
in part, and the incorporation of any such Content into other works in any arrangement or
medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Newbeings 1619’s Sites are
those such areas of our network properties which are meant to be available to the general public,
and which would include message boards and groups that are openly available to both users and
members. However, those areas which are not open to the public, and thus available to members
only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Newbeings 1619 may provide an area for our user and members to contribute feedback to our
website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to
our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b ) Newbeings 1619 shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) Newbeings 1619 shall be entitled to make use of and/or disclose any such Contributions
in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of
Newbeings 1619; and
e) Newbeings 1619 is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
SECTION 6 – INDEMNITY
All users and/or members agree to insure and hold Newbeings 1619, our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or not liable for any claim or
demand, which may include, but is not limited to, reasonable attorney fees made by any third
party which may arise from any content a member or user of our Site may submit, post, modify,
transmit or otherwise make available through our Services, the use of Newbeings 1619 Services
or your connection with these Services, your violations of the Terms of Service and/or your
violation of any such rights of another person.
SECTION 7 – COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to Newbeings 1619’s sites.
SECTION 8 – MODIFICATIONS
Newbeings 1619reserves the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or without prior notice.
In addition, we shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9 – TERMINATION
As a member of Newbeings1619.us, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request to: firstname.lastname@example.org
As a member, you agree that Newbeings 1619 may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your
account, and access to any of our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or any other incorporated agreement, regulation
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with
your Newbeings1619.us account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account, associated
email address and/or access to any of our Services.
The termination of your account with Newbeings1619.us shall include any and/or all of the
a) the removal of any access to all or part of the Services offered within
b) the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
SECTION 10 – LINKS
Either Newbeings 1619 or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for
any content, products, advertising or any other materials, on or available from such third-party
sites or resources. Furthermore, you acknowledge and agree that Newbeings 1619 shall not be
responsible or liable, directly or indirectly, for any such damage or loss which may be a result of,
caused or allegedly to be caused by or in connection with the use of or the reliance on any such
content, goods or Services made available on or through any such site or resource.
SECTION 11 – PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Newbeings 1619’s Services and any essential
software that may be used in connection with our Services (“Software”) shall contain proprietary
and confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by advertisers is
protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,
except for that which is expressly permitted by applicable law or as authorized by Newbeings
1619 or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,
transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on
Newbeings 1619 Services (e.g. Content or Software), in whole or part.
Newbeings 1619 hereby grants you a personal, non-transferable and non-exclusive right and/or
license to make use of the object code or our Software on a single computer, as long as you do
not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from,
reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any
source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any
such right in the Software. Furthermore, you do herein agree not to alter or change the Software
in any manner, nature or form, and as such, not to use any modified versions of the Software,
including and without limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through any means other
than through the interface which is provided by Newbeings 1619 for use in accessing our
SECTION 12 – WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF NEWBEINGS 1619 SERVICES AND SOFTWARE ARE AT THE SOLE
RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS
IS” AND/OR “AS AVAILABLE” BASIS. NEWBEINGS 1619 AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b) NEWBEINGS 1619 AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEWBEINGS
1619 SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
NEWBEINGS 1619 SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE NEWBEINGS 1619 SERVICES OR SOFTWARE
WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR
OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF NEWBEINGS 1619 SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL,
THAT MAY BE OBTAINED BY YOU FROM NEWBEINGS 1619 OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 – LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEWBEINGS 1619
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY
HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 – RELEASE
In the event you have a dispute, you agree to release Newbeings 1619(and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third
parties) from claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in
any way connected to such dispute.
SECTION 15 – NOTICE
Newbeings 1619 may furnish you with notices, including those with regards to any changes to the
Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on
our website Services, or other reasonable means currently known or any which may be herein
after developed. Any such notices may not be received if you violate any aspects of the Terms by
accessing our Services in an unauthorized manner. Your acceptance of this Agreement
constitutes your agreement that you are deemed to have received any and all notices that would
have been delivered had you accessed our Services in an authorized manner.
SECTION 16 – INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Newbeings 1619trademarks,
copyright, trade name, service marks, and other Newbeings 1619logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property
of Newbeings 1619. You herein agree not to display and/or use in any manner the Newbeings
1619 logo or marks without obtaining Newbeings 1619’s prior written consent.
Newbeings 1619 will always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole discretion,
Newbeings 1619 may disable and/or terminate the accounts of any user who violates our Terms
and/or infringes the rights of others. If you feel that your work has been duplicated in such a way
that would constitute copyright infringement, or if you believe your intellectual property rights have
been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner’s behalf.
The Newbeings 1619 agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Attn: Copyright Agent
32 W Merrick Rd Unit 7012
Freeport, New York 11520
SECTION 17 – ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Newbeings 1619and shall
govern the use of our Services, superseding any prior version of this Agreement between you
and us with respect to Newbeings 1619 Services. You may also be subject to additional terms
and conditions that may apply when you use or purchase certain other Newbeings 1619 Services,
affiliate Services, third-party content or third-party software.
SECTION 18 – CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Newbeings 1619 with regard to the Agreement that
the relationship between the parties shall be governed by the laws of the state of New Mexico
without regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the Agreement, or the relationship between you and
Newbeings 1619, shall be filed within the courts having jurisdiction within the County of Nassau,
New York or the U.S. District Court located in said state. You and Newbeings 1619 agree to
submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all
objections to the exercise of jurisdiction over the parties by such courts and to venue in such
SECTION 19 – WAIVER AND SEVERABILITY OF TERMS
At any time, should Newbeings 1619 fail to exercise or enforce any right or provision of the
Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of
this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 – NO RIGHT OF SURVIVORSHIP NONTRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently
SECTION 21 – STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the Agreement must be filed
within 1 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 22 – VIOLATIONS
Please report any and all violations of this Agreement to Newbeings 1619 as follows:
32 W Merrick Rd Unit 7012
Freeport, New York 11520
SECTION 23 – GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our
systems, or to ensure the integrity and operation of our business and systems, we may access
and disclose any information we consider necessary or appropriate, including and without
limitation, your information, IP address, and usage history. Our right to disclose any such
SECTION 24 – FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by Newbeings 1619from our offices within the
USA. If you access the Site from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use Newbeings 1619’s content accessed through
the Site in any country or in any manner prohibited by any applicable laws, restrictions or
SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if any
information on the Site or on any related Site is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related
Site, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied on the Site or on any related Site, should be taken to indicate that
all information on the Site or on any related Site has been modified or updated.
Every member’s registration data and various other personal information are strictly protected by
As a member, you herein consent to the collection and use of
the information provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by Newbeings 1619 and/or our subsidiaries and
Terms of Service (continued)
Last Updated on December 21, 2020. These Terms of Service (which, together with the Business Terms below, are the “Terms”) are effective immediately for users accessing or using the Service without an Account or those registering Accounts on or after December 21, 2020, and will become effective December 21, 2020 for users with pre-existing Accounts.
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 13) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST NEWBEINGS 1619 BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: (i) Newbeings 1619., a Delaware corporation. “Newbeings 1619.” means Newbeings 1619 websites, Newbeings 1619. or Newbeings 1619 products or services, as applicable. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.
Parties. “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to Newbeings 1619 and its subsidiaries.
Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Newbeings 1619 Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Newbeings 1619 or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Newbeings 1619 Content, and Third Party Content.
Sites and Accounts. “Consumer Site” means Newbeings 1619’s consumer website (www.Newbeings 1619.com and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Site. “Business Account” means the account you create to access or use the Newbeings 1619 for Business Owners website Newbeings 1619.com and related domains) and mobile applications. “Account” means any Consumer Account or Business Account.
CHANGES TO THE TERMS
We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Newbeings 1619, and any inconsistencies among the different versions will be resolved in favor of the English version available here.
USING THE SERVICE
Eligibility. To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Newbeings 1619 or if we have previously banned you from the Service or closed your Account.
Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Accounts. You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without Newbeings 1619’s prior approval.
Communications from Newbeings 1619 and Others. By accessing or using the Service, you consent to receive communications from other users and Newbeings 1619 through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Newbeings 1619 or businesses listed on Newbeings 1619, and may be initiated by Newbeings 1619, businesses listed on Newbeings 1619, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Newbeings 1619 or made through the Service may be monitored and recorded for quality purposes.
You can opt-out of certain communications here.
Responsibility for Your Content. You alone are responsible for Your Content, and once posted to Newbeings 1619, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Newbeings 1619.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Newbeings 1619 and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Ownership. As between you and Newbeings 1619, you own Your Content. We own the Newbeings 1619 Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Newbeings 1619 Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Newbeings 1619 Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Newbeings 1619 Content are retained by us.
Advertising. Newbeings 1619 and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Other. User Content (including any that may have been created by users employed or contracted by Newbeings 1619) does not necessarily reflect the opinion of Newbeings 1619. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except in accordance with Newbeings 1619’s Verified License program, Newbeings 1619 does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly. Businesses whose licenses have been verified by Newbeings 1619 will have a “Verified License” badge displayed on their Newbeings 1619 business page.
BOOKING AND TRANSACTING
Generally. You can access features through the Service that allow you to book or transact online with local businesses, such as making restaurant or spa reservations, ordering food delivery, or scheduling appointments. These features may be provided by Newbeings 1619’s third-party partners, including through iframes or similar formats, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.
Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that Newbeings 1619 may facilitate any such payments and charges on behalf of the transacting local business.
Coupons. Any coupons that Newbeings 1619 might issue for use in connection with the Service are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.
REPRESENTATIONS AND WARRANTIES
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You represent and warrant that:
You have read and understood our Content Guidelines;
Prior to attending any event listed on the Service, you have read and agree to our Event Terms and Conditions.
You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
Violate our Terms, including the Content Guidelines and Event Terms and Conditions;
Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third party website;
Solicit personal information from minors, or submit or transmit pornography;
Violate any applicable law;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Newbeings 1619;
Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by Newbeings 1619.
Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice here;
Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
Record, process, or mine information about users;
Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
Reformat or frame any portion of the Service;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Newbeings 1619’s technology infrastructure or otherwise make excessive traffic demands of the Service;
Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
ADDITIONAL POLICIES AND TERMS
Copyright and Trademark Disputes. You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.
Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Newbeings 1619 and its users any claims and assertions of any moral rights contained in such Feedback.
THIRD PARTY CONTENT AND SERVICES
The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.
Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third party terms.
You agree to indemnify, defend, and hold harmless Newbeings 1619, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Newbeings 1619 Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Newbeings 1619 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Newbeings 1619. Newbeings 1619 will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE NEWBEINGS 1619 ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE NEWBEINGS 1619 ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE NEWBEINGS 1619 ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, THE NEWBEINGS 1619 ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
THE NEWBEINGS 1619 ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE NEWBEINGS 1619 ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
THE NEWBEINGS 1619 ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE NEWBEINGS 1619 ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE NEWBEINGS 1619 ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NEWBEINGS 1619 ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY NEWBEINGS 1619 BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
ARBITRATION, DISPUTES, AND CHOICE OF LAW
If you are a resident of the United States or Canada:
EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND NEWBEINGS 1619 (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND NEWBEINGS 1619 AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND NEWBEINGS 1619 EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.
Excluded Claims and Claims that cannot be arbitrated must be brought in court. California law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or Newbeings 1619 may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within San Francisco County, California and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.
Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Newbeings 1619 will pay all filing, AAA, and arbitrator’s fees and expenses. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
If you are a resident of a country located in the EEA or Switzerland, Irish law will govern these Terms, as well as any dispute that might arise between you and Newbeings 1619.
You agree that any subpoena, third-party discovery request, or other third-party process directed to Newbeings 1619 must issue from, or be domesticated by, the state or federal courts located within San Francisco County, California and you agree to submit to the jurisdiction of each of these courts for any related proceedings.
You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing Newbeings 1619 with a notice of termination here.
We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 3, 5, 7–15 of the Terms of Service will continue in full force and effect.
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on Newbeings 1619’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Newbeings 1619.
If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Newbeings 1619’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Newbeings 1619 as a result of these Terms or your use of the Service.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Copyright © 2020 Newbeings 1619., 32 West Merrick Road. Unit 7012, Freeport, NY , U.S.A.
ADDITIONAL TERMS FOR BUSINESS ACCOUNTS
Last Updated on December 21, 2020.
The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from Newbeings 1619 on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with Newbeings 1619. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.
REQUIREMENTS, REPRESENTATIONS AND WARRANTIES
In order to access or use the Services, you agree that:
you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (such business or businesses, your “Business”);
your access to or use of the Business Site will only be in your capacity as an authorized representative of your Business;
you will not use the Consumer Site for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business;
your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;
you grant Newbeings 1619 a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services, or allow for its display through iframes or other framing technology;
you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes;
you understand that we may display health score information for your Business, and may place a Consumer Alert regarding that health score, on the business page for your Business;
you understand and agree that we may share certain aggregate or otherwise deidentified information about your responses to Request a Quote leads with other Businesses, for example, the number of total Businesses responding to the lead and the speed of those responses; and
you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under California law (Cal. Civil Code § 1670.8) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances. You understand that we may publicly notify consumers, including by placing a Consumer Alert on the business page for your Business, if we have a good faith belief that such clauses are used by your Business.
You represent and warrant that you will not, and will not authorize or induce any other party, to:
offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Newbeings 1619, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
solicit or ask for reviews from your customers;
write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;
pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent Newbeings 1619’s Recommendation Software (defined below) or fraud detection systems;
attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
use any automated means or form of scraping or data extraction to access, query or otherwise collect Newbeings 1619 data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by Newbeings 1619 (for example, as described at www.Newbeings 1619.com/robots.txt);
use any Newbeings 1619 trademark or service mark in any manner without Newbeings 1619’s prior written consent; or
misrepresent your identity or affiliation to anyone in connection with Newbeings 1619.
You understand and acknowledge that Newbeings 1619 allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that Newbeings 1619 employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while Newbeings 1619 uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from Newbeings 1619 will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Newbeings 1619.
The following Sections 2 and 3 apply if you are a resident of the United States or Canada only:
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE NEWBEINGS 1619 ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 12 OF THE TERMS.
The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Newbeings 1619, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as Cal. Civ. Proc. Code § 425.16 in California, may require you to pay Newbeings 1619’s attorneys’ fees if you attempt to impose such liability on Newbeings 1619 through legal proceedings.
ARBITRATION, DISPUTES, AND CHOICE OF LAW
FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR NEWBEINGS 1619. ANY CLAIM NOT SUBJECT TO THIS SECTION IS INSTEAD GOVERNED BY SECTION 13 OF THE TERMS.
Except for Excluded Business Claims, any controversy or claim arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of your Business Account Business Site; (each such controversy or claim, a “Business Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the California Arbitration Act for any such error. “Excluded Business Claims” means Claims related to intellectual property (like copyrights and trademarks) or violations of Section 7 of the Terms of Service (Representations and Warranties).
Business Claims shall be heard by a single arbitrator. Arbitrations will be held in San Francisco, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of California. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.
NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.
YOU AND NEWBEINGS 1619 AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND NEWBEINGS 1619 AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
Terms of Service (continued)
Newbeings 1619 builds, uses, and repurposes technologies, platforms, and services that enable people to connect with each other, build communities, and grow businesses. These Terms govern your use of Newbeings 1619 products, features, apps, services, technologies, and software we offer (the Newbeings 1619 Products or Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Newbeings 1619 LLC.
By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you.
We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more.
Our Data Policy explains how we collect and use your personal data to determine some of the ads you see and provide all of the other services described below. You can also go to your settings at any time to review the privacy choices you have about how we use your data.
1. The services we provide
Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the Products and services described below to you:
Provide a personalized experience for you:
Your experience on Newbeings 1619 is unlike anyone else’s: from the posts, stories, events, ads, and other content you see in News Feed or our video platform to the Pages you follow and other features you might use. We use the data we have – for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products – to personalize your experience.
Connect you with people and organizations you care about:
We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the Newbeings 1619 Products you use. We use the data we have to make suggestions for you and others – for example, groups to join, events to attend, Pages to follow or send a message to, shows to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.
Empower you to express yourself and communicate about what matters to you:
There are many ways to express yourself on Newbeings 1619 and to communicate with friends, family, and others about what matters to you – for example, sharing status updates, photos, videos, and stories across the Newbeings 1619 Products you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile. We continue to explore new ways for people to use technology to create and share more expressive and engaging content on Newbeings 1619.
Help you discover content, products, and services that may interest you:
We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use Newbeings 1619 and other Newbeings 1619 Products. Section 2 below explains this in more detail.
Combat harmful conduct and protect and support our community:
People will only build community on Newbeings 1619 if they feel safe. We employ dedicated teams and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We share data with other Newbeings 1619 Companies when we detect misuse or harmful conduct by someone using one of our Products.
Use and develop advanced technologies to provide safe and functional services for everyone:
We use and develop advanced technologies – such as artificial intelligence and machine learning systems – so that people can use our Products safely regardless of physical ability or geographic location. We also use sophisticated network and communication technology to help improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.
Research ways to make our services better:
We engage in research to develop, test, and improve our Products. This includes analyzing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Data Policy explains how we use data to support this research for the purposes of developing and improving our services.
Provide consistent and seamless experiences across the Newbeings 1619 Company Products:
Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Newbeings 1619 Company Products that you use. For example, we use data about the people you engage with on Newbeings 1619 to make it easier for you to connect with and we enable you to communicate with a business you follow on Newbeings 1619 through our messaging features.
2. How our services are funded
Our services are funded by paying to use Newbeings 1619 platforms, subscriptions, other products and services we offer and by selling ads on our timeline. By using the Newbeings 1619 Products covered by these Terms, you agree that we can show you ads that businesses and organizations pay us to promote on and off the Newbeings 1619 Company Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you.
Protecting people’s privacy is central to how we’ve designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 18-35 who like cycling). We then show their ad to people who might be interested.
We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Newbeings 1619. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Brooklyn, NY and likes software engineering) to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. Learn more about how Newbeings 1619 ads work here.
We collect and use your personal data in order to provide the services described above to you. You can learn about how we collect and use your data in our Data Policy. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you. Learn more.
3. Your commitments to Newbeings 1619 and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
1. Who can use Newbeings 1619
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
Use the same name that you use in everyday life.
Provide accurate information about yourself.
Create only one account (your own) and use your timeline for personal purposes.
Not share your password, give access to your Newbeings 1619 account to others, or transfer your account to anyone else (without our permission).
We try to make Newbeings 1619 broadly available to everyone, but you cannot use Newbeings 1619 if:
You are under 13 years old.
You are a convicted sex offender.
We’ve previously disabled your account for violations of our Terms or Policies.
You are prohibited from receiving our products, services, or software under applicable laws.
2. What you can share and do on Newbeings 1619
We want people to use Newbeings 1619 to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
You may not use our Products to do or share anything:
That violates these Terms, our Community Standards, and other terms and policies that apply to your use of Newbeings 1619.
That is unlawful, misleading, discriminatory or fraudulent.
That infringes or violates someone else’s rights, including their intellectual property rights.
You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove or restrict access to content that is in violation of these provisions.
If we remove content that you have shared in violation of our Community Standards, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Newbeings 1619.
3. The permissions you give us
We need certain permissions from you to provide our services:
Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Newbeings 1619 and the other Newbeings 1619 Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Newbeings 1619, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Newbeings 1619 Products you use. This license will end when your content is deleted from our systems.
You can delete content individually or all at once by deleting your account. Learn more about how to delete your account. You can download a copy of your data at any time before deleting your account.
When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:
immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
where immediate deletion would restrict our ability to:
investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
comply with a legal obligation, such as the preservation of evidence; or
comply with a request of a judicial or administrative authority, law enforcement or a government agency;
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
In each of the above cases, this license will continue until the content has been fully deleted.
Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on Newbeings 1619 next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Newbeings 1619. Ads like this can be seen only by people who have your permission to see the actions you’ve taken on Newbeings 1619. You can learn more about your ad settings and preferences.
Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Newbeings 1619), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
4. Additional provisions
1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Newbeings 1619 community, you can delete your account at any time.
2. Account suspension or termination
We want Newbeings 1619 to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5.
3. Limits on liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Newbeings 1619 Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Newbeings 1619 Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Newbeings 1619 Products (“claim”), you agree that it will be resolved exclusively in the U.S. state of Delaware. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Delaware will govern these Terms and any claim, without regard to conflict of law provisions.
These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Newbeings 1619, Inc. regarding your use of our Products. They supersede any prior agreements.
Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
We reserve all rights not expressly granted to you.
Newbeings 1619 LLC.
Date of Last Revision: December 21, 2020