NEW IRAN & NAHADE MARDOMI
of Use and Services
govern your access to and use of the services and The New Iran and Nahade
Mardomi website (the "Services", "Site", "this Site"), and any information,
text, graphics, or other materials uploaded, downloaded or appearing on the
Services (collectively referred to as "Content"). Your access to and use of the
Services is conditioned on your acceptance of and compliance with these Terms.
By accessing or using the Services you agree to be bound by these Terms.
Effective: September 11, 2010
You are responsible for your use of the
Services, for any content you post to the Services, and for any consequences
thereof. The Content you submit, post, or display will be able to be viewed by
other users of the Services and through third party services and websites. You
should only provide Content that you are comfortable sharing with others under
What you say on this Site may be viewed all
around the world instantly.
You may use the Services only if you can form
a binding contract with this Site and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You may use the Services only in compliance with these Terms and all applicable
local, state, national, and international laws, rules and regulations.
The Services that this Site provides are
always evolving and the form and nature of the Services that this Site provides
may change from time to time without prior notice to you. In addition, this
Site may stop (permanently or temporarily) providing the Services (or any
features within the Services) to you or to users generally and may not be able
to provide you with prior notice. We also retain the right to create limits on
use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which
may be targeted to the Content or information on the Services, queries made
through the Services, or other information. The types and extent of advertising
by this Site on the Services are subject to change. In consideration for this
Site granting you access to and use of the Services, you agree that this Site
and its third party providers and partners may place such advertising on the
Services or in connection with the display of Content or information from the
Services whether submitted by you or others.
Any information that you provide to this Site
information. You understand that through your use of the Services you consent
information, including the transfer of this information to the United States
and/or other countries for storage, processing and use by this Site. As part of
providing you the Services, we may need to provide you with certain
communications, such as service announcements and administrative messages.
These communications are considered part of the Services and your account,
which you may not be able to opt-out from receiving.
You can opt-out of most communications from
this Site including our newsletter.
You are responsible for safeguarding the
password that you use to access the Services and for any activities or actions
under your password. We encourage you to use "strong" passwords (passwords that
use a combination letters, numbers and some common symbols) with your account. the
Site cannot and will not be liable for any loss or damage arising from your
failure to comply with the above requirements.
Content on the Services
All Content, whether publicly posted or
privately transmitted, is the sole responsibility of the person who originated
such Content. We may not monitor or control the Content posted via the Services
and, we cannot take responsibility for such Content. Any use or reliance on any
Content or materials posted via the Services or obtained by you through the
Services is at your own risk.
We do not endorse, support, represent or guarantee
the completeness, truthfulness, accuracy, or reliability of any Content or
communications posted via the Services or endorse any opinions expressed via
the Services. You understand that by using the Services, you may be exposed to
Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are
otherwise deceptive. Under no circumstances will this Site be liable in any way
for any Content, including, but not limited to, any errors or omissions in any
Content, 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 via the
Services or broadcast elsewhere.
You retain your rights to any Content you
submit, post or display on or through the Services. By submitting, posting or
displaying Content on or through the Services, you grant us a worldwide,
non-exclusive, royalty-free license (with the right to sublicense) to use,
copy, reproduce, process, adapt, modify, publish, transmit, display and
distribute such Content in any and all media or distribution methods (now known
or later developed).
This license is you authorizing us to make
your comments and uploads available to the rest of the world and to let others
do the same. But what's yours is yours - you own your content.
You agree that this license includes the right
for this Site to make such Content available to other companies, organizations
or individuals who partner with this Site for the syndication, broadcast,
distribution or publication of such Content on other media and services,
subject to our terms and conditions for such Content use.
this Site has an evolving set of rules for how
API developers can interact with your content. These rules exist to enable an
open system with your rights in mind.
Such additional uses by This Site, or other
companies, organizations or individuals who partner with This Site, may be made
with no compensation paid to you with respect to the Content that you submit,
post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order
to transmit, display or distribute it over computer networks and in various
media and/or make changes to your Content as are necessary to conform and adapt
that Content to any requirements or limitations of any networks, devices,
services or media.
You are responsible for your use of the
Services, for any Content you provide, and for any consequences thereof,
including the use of your Content by other users and our third party partners.
You understand that your Content may be rebroadcasted by our partners and if
you do not have the right to submit Content for such use, it may subject you to
liability. the Site will not be responsible or liable for any use of your
Content by this Site in accordance with these Terms. You represent and warrant
that you have all the rights, power and authority necessary to grant the rights
granted herein to any Content that you submit.
the Site gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license to use the software that
is provided to you by this Site as part of the Services. This license is for
the sole purpose of enabling you to use and enjoy the benefit of the Services
as provided by This Site, in the manner permitted by these Terms.
All right, title, and interest in and to the
Services (excluding Content provided by users) are and will remain the
exclusive property of this Site and its licensors. The Services are protected
by copyright, trademark, and other laws of both the United States and foreign
countries. Nothing in the Terms gives you a right to use this Site's name or
any of the Site trademarks, logos, domain names, and other distinctive brand features.
Any feedback, comments, or suggestions you may provide regarding This Site, or
the Services is entirely voluntary and we will be free to use such feedback,
comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the
We reserve the right at all times (but will
not have an obligation) to remove or refuse to distribute any Content on the
Services and to terminate users or reclaim usernames. Please review the Site
Rules (which are part of these Terms) to better understand what is prohibited
on the Service. We also reserve the right to access, read, preserve, and
disclose any information as we reasonably believe is necessary to (i) satisfy
any applicable law, regulation, legal process or governmental request, (ii)
enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical
issues, (iv) respond to user support requests, or (v) protect the rights,
property or safety of This Site, its users and the public.
This Site does not disclose personally
identifying information to third parties except in accordance with our Privacy
We encourage and permit broad re-use of
You may not do any of the following while
accessing or using the Services: (i) access, tamper with, or use non-public
areas of the Services, This Site's computer systems, or the technical delivery
systems of This Site's providers; (ii) probe, scan, or test the vulnerability
of any system or network or breach or circumvent any security or authentication
measures; (iii) access or search or attempt to access or search the Services by
any means (automated or otherwise) other than through our currently available,
published interfaces that may be provided by this Site (and only pursuant to
those terms and conditions.) (NOTE: crawling the Services is permissible if
done in accordance with the provisions of the robots.txt file, however,
scraping the Services without the prior consent of this Site is expressly
prohibited); (iv) forge any TCP/IP packet header or any part of the header
information in any email or posting, or in any way use the Services to send
altered, deceptive or false source-identifying information; or (v) interfere
with, or disrupt, (or attempt to do so), the access of any user, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, mail-bombing the Services, or by scripting the creation of Content in
such a manner as to interfere with or create an undue burden on the Services.
This Site respects the intellectual property
rights of others and expects users of the Services to do the same. We will
respond to notices of alleged copyright infringement that comply with applicable
law and are properly provided to us. If you believe that your Content has been
copied in a way that constitutes copyright infringement, please provide us with
the following information: (i) a physical or electronic signature of the
copyright owner or a person authorized to act on their behalf; (ii)
identification of the copyrighted work claimed to have been infringed; (iii)
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 us to locate
the material; (iv) your contact information, including your address, telephone
number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the
information in the notification is accurate, and, under penalty of perjury,
that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged
to be infringing without prior notice and at our sole discretion. In
appropriate circumstances, this Site will also terminate a user's account if
the user is determined to be a repeat infringer. Our designated copyright agent
for notice of alleged copyright infringement appearing on the Services is
The Services are Available "AS-IS"
Your access to and use of the Services or any
Content is at your own risk. You understand and agree that the Services is
provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the
foregoing, THIS SITE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR
IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and
liability for the completeness, accuracy, availability, timeliness, security or
reliability of the Services or any content thereon. This Site will not be responsible
or liable for any harm to your computer system, loss of data, or other harm
that results from your access to or use of the Services, or any Content. You
also agree that this Site has no responsibility or liability for the deletion
of, or the failure to store or to transmit, any Content and other
communications maintained by the Services. We make no warranty that the
Services will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. No advice or information, whether oral or written,
obtained from this Site or through the Services, will create any warranty not
expressly made herein.
The Services may contain links to third-party
websites or resources. You acknowledge and agree that we are not responsible or
liable for: (i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or
resources. Links to such websites or resources do not imply any endorsement by
this Site of such websites or resources or the content, products, or services
available from such websites or resources. You acknowledge sole responsibility
for and assume all risk arising from your use of any such websites or
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THIS SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS
OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii)
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT
LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv)
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
LEGAL THEORY, WHETHER OR NOT THIS SITE HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion
of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may not apply to
Waiver and Severability
The failure of this Site to enforce any right
or provision of these Terms will not be deemed a waiver of such right or
provision. In the event that any provision of these Terms is held to be invalid
or unenforceable, the remaining provisions of these Terms will remain in full
force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto
will be governed by the laws of the State of California without regard to or
application of its conflict of law provisions or your state or country of
residence. All claims, legal proceedings or litigation arising in connection
with the Services will be brought solely in Orange County, California, and you
consent to the jurisdiction of and venue in such courts and waive any objection
as to inconvenient forum. If you are accepting these Terms on behalf of a United
States federal government entity that is legally unable to accept the
controlling law, jurisdiction or venue clauses above, then those clauses do not
apply to you but instead these Terms and any action related thereto will be
will be governed by the laws of the United States of America (without reference
to conflict of laws) and, in the absence of federal law and to the extent
permitted under federal law, the laws of the State of California (excluding
choice of law).
These Terms, the Site Rules and our Privacy
Policy are the entire and exclusive agreement between this Site and you
regarding the Services, and these Terms supersede and replace any prior
agreements between this Site and you regarding the Services.
We may revise these Terms from time to time,
the most current version will always be at TheNewIran.com/termsofuse.asp. If
the revision, in our sole discretion, is material we will notify you via an @thenewiran.com
update or e-mail to the email associated with your account. By continuing to
access or use the Services after those revisions become effective, you agree to
be bound by the revised Terms.