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Holding Tablet Computer

Terms of Services

The New Internet Terms of Use

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Last updated: May 27, 2021

 

BY ACCEPTING AND USING THE SOFTWARE AND/OR SERVICES OFFERED BY THE NEW INTERNET (“THE NEW INTERNET” OR “TNI”) YOU AGREE TO BE BOUND WITHOUT LIMITATION BY THE TERMS OF USE AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT” OR “TERMS”).  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES OFFERED AND KEEP A COPY FOR YOUR REFERENCE.   THE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT FOR YOUR USE OF THE NEW INTERNET WEB BROWSER AND ALL RELATED SERVICES INCLUDING, BUT NOT LIMITED TO, APPS, FEATURES, CONTENT, WEBSITES, DECENTRALIZED APPS, DIGITAL ASSET WALLETS, OR OTHER WEB3 APPLICATIONS OFFERED FROM TIME TO TIME BY THE NEW INTERNET HERETO (COLLECTIVELY “SERVICES”).  

 

Acceptance and Modification of Terms

The Services are offered subject to acceptance without modification under these Terms and all other rules, policies and procedures that may be published by TNI.  We reserve the right to add, revise or implement additional terms and conditions for all or some of our Services.  Use of the Services will be further subject to these additional terms and conditions, to be hereafter incorporated by reference.  TNI reserves the right to refuse offer of Services to any individual or entity and to change eligibility requirements at any time.  This provision is void where prohibited by law and the right to access the Services is revoked in any such jurisdiction.

 

TNI reserves the right to modify the Terms at its sole discretion.  The Services (or some parts thereof) may be changed, suspended or terminated at any time either through posted notice on TNI Services or direct email.  TNI further reserves the right to impose limitations on the Services or restrict access without notice or liability.  Continued use of the Services following notice of modification of the Terms constitutes acceptance of such modifications.      

 

Privacy

For further information regarding TNI processing of personal information please go to our last updated Privacy Policy.  Use of TNI Services is subject to this policy.

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Electronic Communications

Using our Services, or sending emails to TNI, constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.  

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Communication Services

The Service may contain bulletin board services, chat areas, news groups, forums, communities, web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service no illegal activity allowed.

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​By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

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TNI has no obligation to monitor the Communication Services.  However, TNI reserves the right to review materials posted to a Communication Service and to remove or change any materials in its sole discretion.  TNI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

TNI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TNI’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.  TNI does not control or endorse the content, messages or information found in any Communication Service and, therefore, TNI specifically disclaims any liability with regards to the Communication Services and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized TNI spokespersons, and their views do not necessarily reflect those of TNI.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations if you upload the materials.​

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Individual Accounts

If you use our Services you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password.  You may not assign or otherwise transfer your account to any other person or entity.  You acknowledge that TNI is not responsible for third party access to your account that results from theft or misappropriation of your account.  TNI and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.  

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TNI License

You are granted a non-exclusive, non-transferable, revocable license to access and use TNI Services strictly in accordance with these Terms.  All content included as part of the Services, such as text, graphics, logos, images, videos as well as the compilation thereof, and any software used on the Services, is the proprietary property of TNI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.​

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You will 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 Services.  TNI content is not for resale.  Your use of the Services does not entitle you 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 TNI 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 TNI or our licensors except as expressly authorized by these Terms.

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In the event of a breach of this Agreement, the non-exclusive license granted herein will terminate immediately without notice and your right to use the Services with be immediately revoked.  All copies of the Services must be immediately deleted and/or destroyed.

   

Rules and Conduct

As a condition of your use of the Services, you warrant to TNI that you will not use the Services for any purpose that is unlawful or prohibited by these Terms this including, but not limited to: 

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  • Phishing or engaging in identity theft

  • Selling drugs or other illegal products

  • Distributing computer viruses, worms, trojan horses or other malicious code

  • Distributing illegal pornography or adult related content or offering any escort services or child pornography

  • Promoting or facilitating violence or terrorist activities

  • Infringing the intellectual property or other proprietary rights of others

  • Any action that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane

  • Unauthorized or unsolicited advertising 

  • Any unlawful activity (location aware), including a violation of any applicable law, rule or regulation 

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​You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.

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You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

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You may not attempt to circumvent any security measures TNI has implemented to prevent or restrict access to the Services.   

 

TNI does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.  If you are under 18, you may use TNI Services only with permission of a parent or guardian.

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Materials Provided to TNI

TNI does not claim ownership of the materials you provide to our Services (including feedback and suggestions) or post, upload, input or submit to our Services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting TNI, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. TNI is under no obligation to post or use any Submission you may provide and may remove or change any Submission at any time in TNI’s sole discretion.

 

​By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

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Termination

Your services may be suspended or terminated with or without notice upon any violation of these Terms.  Any violations may result in the immediate suspension or termination of your account.  Further, either party may terminate Services at any time and for any reason whatsoever upon written notice.  Upon termination, all rights and licenses granted to you under this Agreement shall be immediately revoked.     

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To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

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​You agree that no joint venture, partnership, employment, or agency relationship exists between you and TNI as a result of this Agreement or use of the Services.  TNI’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of TNI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by TNI with respect to such use.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.​

 

International Users

The Services are controlled, operated and administered by TNI from our offices within the USA.  If you access the Services from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the TNI Services accessed through the website(s) or mobile apps in any country or in any manner prohibited by any applicable laws, restrictions or regulations.  

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Indemnification

You agree to indemnify, defend and hold harmless TNI, its officers, directors, employees, agents, investors, founders and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Services, any user interaction and postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TNI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TNI in asserting any available defenses though litigation which you may be responsible for payment at the discretion of the new internet.

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Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by TNI, in a location agreed upon by TNI.  The arbitrator’s award shall be final, and judgment may be entered upon it in any court deemed by the new internet.  In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, TNI shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims regarding these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.  This arbitration provision shall survive the termination of these Terms and Conditions.

 

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.  THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless both you and TNI agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

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Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH TNI MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  TNI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.

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TNI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN OR ON TNI FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TNI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TNI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH TNI, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TNI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

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Miscellaneous

Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and TNI with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TNI with respect to the Services.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this Agreement and all related documents be written in English.

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We reserve the right to change these Terms at any given time, of which you will be promptly updated.  If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this web page.  The most current version of the Terms will supersede all previous versions.

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To report a violation of these Terms, please contact us by emailing at info@thenewnet.com.

 

Contact Us

Questions or comments regarding the Terms should be sent to:

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Last updated: May 27, 2021

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