NewgrapeFruit.com is an online community showcasing individual and collaborative creativity. Although many of our programs and services are available to the general public, certain services (collectively, the "Member Services") are available only to individuals who have registered to become part of the non–public NewgrapeFruit.com community (each a "NewGrapeFruit Member"). Member Services may change from time to time. To become a NewGrapefruit Member, you must agree to this Use Agreement. By clicking "I Agree" at the bottom of this page, you agree to be bound by the terms of this Use Agreement.
To sign up as a NewGrapefruit Member, you must provide your email address, a password, your name, and the city and country where you live. This personal information, along with any demographic information you provide, is stored in your Member Profile. We hold all your personally identifying information in strict confidence, in accordance with our Privacy Policy. It is your responsibility to keep your Member Profile up–to–date.
Your rights as a NewGrapefruit Member are personal to you and are not transferable. NewGrapefruit.com may modify the terms and conditions of this Use Agreement from time to time, and such modifications will be effective upon notice emailed to you at the address in your Member Profile.
2. Your Content
For the purposes of this Agreement, Your Content does not include material submitted to the Galleries (Open Posting Area and Hothouse Gallery), which is governed by separate agreements. To contribute Your Content, you either 1) must own all intellectual property and other rights in and to Your Content or, 2) if you have the right to contribute works owned or controlled in part by another, you must submit with your contribution a statement describing how and by whom you are authorized to contribute the work. In no event may you contribute any content protected by copyright, trademark, patent, or other right without the permission of the holder of such intellectual property or other rights.
You grant NewGrapefruit.com a non–exclusive, worldwide, royalty–free, perpetual license to: (i) store Your Content on NewGrapefruit.com’’s servers; and (ii) distribute Your Content on the NewGrapefruit.com web site and through email lists.
NewGrapefruit.com reserves the right to: (i) edit, adapt or otherwise make changes to Your Content in cases where space is limited or an aspect of this agreement is breached; (ii) not include Your Content in the NewGrapefruit.com web site or email lists; and (iii) remove some or all of Your Content, without notification, from our servers, from the NewGrapefruit.com web site and from any other form or media.
Although NewGrapefruit.com encourages thoughtful criticism, Your Content may not include any material that defames any person, invades or infringes their rights of privacy or publicity, violates copyrights or other intellectual property rights or that is otherwise unlawful.
3. NewGrapefruit Content
The contents of the NewGrapefruit.com web site and email lists ("NewGrapefruit Content") are protected by copyright under the laws of the United States and other countries. Other than content posted by NewGrapefruit Members or distributed by NewGrapefruit Members to third parties, all content on the NewGrapefruit.com web site and email lists is owned by NewGrapefruit.com and its suppliers.
You may download and print out NewGrapefruit Content for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restriction contained in any individual posting and include any author attribution, copyright, or trademark notice or restriction in any materials that you download.
You may not distribute any NewGrapefruit Content, with the exception of Your Content, for any commercial purposes.
NewGrapefruit Content includes material that has been edited, as well as material that is distributed automatically and without editing or filtering. NewGrapefruit.com is not responsible for screening, monitoring, or verifying the NewGrapefruit Content, including with respect to its accuracy, reliability, or compliance with copyright and other laws.
4. Disclaimer of Warranty; Limitation of Liability
NEITHER NewGrapefruit.COM NOR ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, OR INFORMATION PROVIDERS ENDORSE, REPRESENT OR WARRANT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY OPINION, STATEMENT OR OTHER MATERIAL ON THE NewGrapefruit.COM WEB SITE OR EMAIL LISTS OR THAT THE SAME IS NON-DEFAMATORY, NON-INFRINGING OF COPYRIGHT OR OTHER RIGHTS, OR OTHERWISE LAWFUL. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF SUCH OPINION, STATEMENT, OR MATERIAL SHALL BE AT YOUR SOLE RISK.
NEITHER NewGrapefruit.COM NOR ITS AFFILIATES WARRANT THAT THE NewGrapefruit.COM WEBSITE OR EMAIL LISTS WILL BE AVAILABLE ON A TIMELY BASIS, OR WILL BE UNINTERRUPTED OR ERROR FREE. THE NewGrapefruit.COM WEB SITE AND EMAIL LISTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL NewGrapefruit.COM OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE NewGrapefruit.COM WEB SITE OR EMAIL LISTS.
5. Indemnification
You agree to defend, indemnify, and hold harmless NewGrapefruit.com and its Affiliates from and against all claims and expenses (including attorneys’ fees) arising out of Your Content or any breach by you of this Use Agreement.
6. Right to Terminate Membership or Subscription
NewGrapefruit.com reserves the right to terminate your NewGrapefruit Membership and/or your subscription to any or all of the NewGrapefruit.com email lists at any time in the event that it considers, in its sole discretion, any conduct by you, including Your Content, to violate the terms of this Use Agreement.
7. Miscellaneous
This Use Agreement constitutes the entire agreement between NewGrapefruit.com and you with respect to the subject matter contained herein. No waiver by NewGrapefruit.com or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This Use Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.
