The following are terms of a legal agreement (“Terms”) between you and New Frontier Media, Inc. and its affiliates (collectively, “New Frontier Media”). By accessing, browsing, using, framing and/or linking to this website ("Site"), you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. You acknowledge that you are 18 years of age or older. If you do not agree to these Terms, do not use this Site. In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, which shall remain valid and enforceable.
Restrictions on Use of Site
New Frontier Media hereby authorizes you to copy the written materials published by New Frontier Media on this Site (the "Materials") exclusively for non-commercial use by you personally or within your organization. The design and layout of the Site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
The Materials have been compiled by New Frontier Media from internal and external sources. However, while New Frontier Media has attempted to provide accurate information on the Site, no representation is made or warranty given as to the completeness or accuracy of the Materials. In particular, you should be aware that the Materials may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from this Site before you take any action upon it.
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEW FRONTIER MEDIA SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE SITE, EVEN IF NEW FRONTIER MEDIA AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No advice or information, whether oral or written, obtained by you from New Frontier Media, shall create any warranty not expressly made herein.
New Frontier Media periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. New Frontier Media shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third-party acts or any other outages of web hosting providers or the Internet infrastructure and network external to the Site.
Links to Third-Party Web sites: Framing
There may be circumstances where access to this Site is provided by a hypertext link located at another website. New Frontier Media does not make any representations or give any warranties with respect to any information contained in or at these other websites and New Frontier Media shall not be liable for any damages or injury arising from the content of these other websites. New Frontier Media does not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, which provide a link to this Site on their websites. Unless approved in writing in advance by New Frontier Media, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other websites pertaining to any of the Materials located on this Site. Contact the New Frontier Webmaster at firstname.lastname@example.org to seek approval for linking to this Site.
The Materials published on this Site may include technical inaccuracies or typographical errors. Changes may be made to the Materials at any time without notice. New Frontier Media shall have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
Disclosure: Forward-Looking Statements
Some of the Materials may contain projections or other forward-looking statements regarding future events or the future financial or technical performance of New Frontier Media. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents New Frontier Media files from time to time with the Securities and Exchange Commission; specifically, the most recent New Frontier Media Form 10-K and Form 10-Q. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements including, among others, substantial capital requirements; development of effective internal processes and systems; the ability to attract and retain high quality employees; changes in the overall economy; technology; the number and size of competitors in our markets; law and regulatory policy; and the mix of products and services offered in the company's target markets. Although such projections and other forward-looking statements are accurate at the time they are made available, such information is provided for informational purposes and is provided "as is" without warranty of any kind. New Frontier Media makes no representations and disclaims all express, implied, and statutory warranties of any kind to user and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. New Frontier Media assumes no obligation to update or ensure the accuracy of the projections and forward-looking statements posted on the Site. New Frontier Media shall not be liable for any errors or delays in the delivery of such information provided through the Site or for any actions taken in reliance thereon.
Governing Law and Jurisdiction: Compliance with Laws
These Terms and access to this Site are governed by U.S. Federal Law and/or the laws of the State of Colorado. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in a state or federal court located in Denver, Colorado, U.S.A. You and New Frontier Media agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
All information available at this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All New Frontier Media services and publications are commercial in nature. Any Materials copied or downloaded from this Site for or on behalf of the United States of America, its agencies and or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
No delay or omission by New Frontier Media to exercise any right occurring upon any noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by New Frontier Media of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
Intellectual Property Rights
Services, technology, and/or processes referenced and described in this Site are the subject of intellectual property rights reserved by New Frontier Media. Nothing contained herein shall be construed as conferring to you personally, or to your organization in any manner, whether by implication, estoppel or otherwise, any license, title, interest or ownership of or to any intellectual property right of New Frontier Media. Any use of a New Frontier Media registered or common law name, trademark, service mark, trade name, trade dress, or logo contained on the Site or otherwise is strictly prohibited absent express written permission by New Frontier Media.
Legal Conditions and Terms