Terms Of Use

 

Last Updated: November 9, 2012

Use of this website signifies your agreement to these terms of use (“Terms of Use”) and the website’s Privacy Policy http://www.newnormalnetwork.com/privacy.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

The following Terms of Use apply to the following websites owned and operated by The New Normal, LLC (“TNN” or “we”): www.newnormalnetwork.comwww.tastingwithtom.comwww.garyanddino.comwww.premiumtom.comwww.blowmeuptom.com, www.tomleykis.com, and www.leykis101.com, plus the sites of New Normal Music, LLC  www.newnormalmusic.com, www.purepophits.com, www.newnormalrock.com  (collectively, the “Site”).  By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use in their entirety.  In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Site.  If you do not agree to these Terms of Use, please do not access, browse or use the Site.

Please return to the Site and review these Terms of Use from time to time, as they may be amended without notice to you.  Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Site.  Your continued use of the Site after the posting of any change constitutes your agreement to such change.  Please note that your use of certain content and features of the Site may be subject to additional terms.  By using such content and features, you also agree to be bound by such additional terms.

PROPRIETARY RIGHTS; LICENSE TO USE CONTENT

This Site is owned and operated by TNN and, in the case of certain features and content, its affiliates, licensors and/or third party service providers, and unless otherwise indicated, all the content appearing at the Site, including but not limited to, any streams, live simulcasts or podcasts (collectively, “Content”) is the property of TNN and its affiliates, licensors and/or third party service providers and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws.  All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing on the Site are the property of TNN, its affiliates, licensors, and/or third party service providers.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and view or listen its Content in real time as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:

  • Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
  • Link to any portion of the Site other than the URL assigned to the home page of our site;
  • "Frame" or "mirror" any part of the Site;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
  • Remove any copyright, trademark or other proprietary rights notices contained on the Site;
  • Use any automated software or computer system, robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, copy protection systems, or presentation of the Site or its Content. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
  • Reproduce, copy, republish, upload, post, transmit, retransmit, modify, display, publicly perform, distribute or create derivative works of, the Site, the Content or any portion thereof, or remotely store any portion of the Site or Content , or encourage or provide technological means that will allow you or others to do any of the things prohibited by this license, except that when you enter into a Premium Podcast Subscription that permits you to record Content pursuant to the terms of that Subscription Agreement, you may download one copy of such licensed Content on your own single computer for your personal non-commercial use provided you keep intact all copyright and other proprietary notices.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Proprietary Rights; And License To Use Content section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, public performance, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

 

You may not make any use of any Marks without the prior written consent of TNN and any applicable third party.  For purposes of these Terms of Use, the use of any such Content on any other website or networked computer environment is prohibited.

 

NO CONTENT ON THE WEBSITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. TNN AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON THE WEBSITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE WEBSITE.

Submissions

Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to TNN through the Site (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it.  By submitting your Submission, you hereby grant TNN and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the Site a non-exclusive license to access your Submission through the Site and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by TNN's on the Site and/or in this agreement.

Any Submission will be deemed public information and not subject to any confidentiality obligation and TNN shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, TNN's Privacy Policy shall govern TNN's use of such information.

By making a Submission, you waive the right to make any claim against the TNN Parties (as defined below) related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for TNN or any of the TNN Parties. You also agree to maintain and promptly update your Submission by means of the Site in order to keep that information true, accurate, current and complete.

You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize TNN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by these Terms of Use.

Participation Disclaimer

TNN does not and cannot review all Submissions posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content, including, but not limited to, comments to articles and podcasts, through the Site, TNN is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities.  The TNN Parties do not undertake or assume any duty to monitor the Site for inappropriate content.  The TNN Parties assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, TNN reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to TNN in its sole discretion.

You agree not to use the Site to:

  1. Post any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  2. Harm or threaten to harm users in any way;
  3. Stalk or otherwise harass any other person or entity;
  4. Impersonate any person or entity (including a TNN agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by TNN for such purpose;
  6. Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
  7. Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
  8. Violate any law (whether local, state, national, or international), whether or not intentionally;
  9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission;
  10. Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  11. Interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  12. Collect or store personal data about other users;
  13. Engage in any activities that could violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
  14. Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms of Use.  If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention or other measures we prescribe.

 

CHANGES TO WEBSITE

TNN may add, change, discontinue, remove or suspend any portion of the Site at any time, without notice.

TERMINATION
TNN reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms of Use and/or suspend or terminate your ability to access or use the Site, and to block or prevent future access to and use of the Site for any reason, including your breach of these Terms of Use or other conduct by you that TNN considers inappropriate.  TNN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.  Except as otherwise expressly stated in the Terms of Use, you agree that TNN shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site (or any portion thereof).

DISCLAIMER
TNN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  TNN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND CONTENT.  TNN DOES NOT WARRANT THE FUNCTIONALITY, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE SITE OR CONTENT ARE FIT FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS.  TNN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TNN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL TNN AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “TNN PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE SITE OR THE CONTENT; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE SITE; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A TNN PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TNN’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE SITE OR THE CONTENT.  IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE SITE.

 

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE SITE AND/OR CONTENT AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION
By using the Site, you agree to indemnify, defend and hold harmless the TNN Parties from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (a) your violation of these Terms of Use or any law, rule or regulation; (b) your use of the Site, including, without limitation, any Content available on the Site and any activity of yours on the Site, including, but not limited to, the downloading of any podcast; (c) any material uploaded by you or through your computer to the Site or otherwise sent by you to TNN; and (d) your dispute with another user.  You will cooperate as fully and reasonably as required by TNN in the defense of any claim.  TNN reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of TNN.

FORCE MAJEURE

TNNParties will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the TNN Parties’ reasonable control.

 

Digital Millennium Copyright Act (DMCA) Infringement Notification

If you believe that any of the materials on the Site infringe your copyright, you should notify TNN of your copyright infringement claim in accordance with the procedures described below.  TNN will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Any claimed copyright infringement notifications should be sent to TNN’s designated agent: [NOTE, TNN MUST REGISTER ITS DMCA AGENT WITH THE US COPYRIGHT OFFICE]

 

Gary Zabransky

The New Normal LLC

517 South Victory Boulevard

Burbank, CA 91502

Email: gary@newnormalnetwork.com

 

To be effective, the notification must be in writing and contain the following information (see DMCA, 17 U.S.C. § 512(c)(3) for further details):

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Privacy

The information TNN obtains through your use of the Site, is subject to TNN’s Privacy Policy http://www.newnormalnetwork.com/privacy The Privacy Policy addresses our collection and use of the data you provide to TNN, including your rights relative to that information. Please review the Privacy Policy before you use the Site.  If you do not agree to the terms of the Privacy Policy, please do not use the Site.

 

General provisions

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of California within the United States of America  without giving effect to any principles of conflicts of law.  Any dispute arising from these Terms of Use or the Site shall be resolved in the state or federal courts residing in Los Angeles, California and you irrevocably agree to the jurisdiction of such courts.  TNN makes no representation that Content contained on the Site is appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country.  Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Except as explicitly stated otherwise, any notices shall be given by email to us at gary@newnormalnetwork.com or to you at the email address you provide to us.  Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. If any provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.   No waiver by us of any breach of any term or condition of these Terms of Use will constitute a waiver of, or consent to, any subsequent breach of the same or other term or condition of these Terms of Use. You agree that any cause of action arising out of or related to the Site or the Content must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.  All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Agreement. These Terms of Use, together with the Privacy Policy http://www.newnormalnetwork.com/privacy constitute the entire agreement between you and us.

 

Contact Us

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at gary@newnormalnetwork.com.  We will attempt address any issue raised in a reasonable period of time.

 

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