Please take a moment to review the Terms of Use Agreement and Privacy Policy detailed below. If you agree with them and wish to proceed with the registration, simply click the "Register" button below. To cancel this registration, simply hit the 'back' button on your browser.
Terms of Use
May 20, 2007
The Southland Forum/Gallery/Blog site (“Site”) provided by NuMedia Concepts, LLC (“NuMedia”) is a social networking service that allows Members to create personal online profiles and to communicate with other Members (“Services”). The Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services on this Site. By using the Services, you agree to be bound by this Agreement, whether you are a "Guest" (which means that you simply browse the Site) or you are a "Member" (which means that you have registered to use the Services provided on the Site). The term "User" refers to a Guest or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and completely. If you disagree with the contents of this Agreement, you should leave the Site and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members, and make use of the Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes NuMedia’s policy for acceptable use of the Services and the content (“Content” as defined under Part A. of Section 6. below) posted on the Site, your rights, obligations and restrictions regarding your use of the Services and NuMedia’s Privacy Policy. In order to use certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@southland.la, Subject: Terms of Use Agreement.
NuMedia may modify this Agreement from time to time and such modification shall become effective upon posting by NuMedia on the Site. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement periodically to ensure that you are updated as to any changes that have been incorporated into this Agreement.
Please choose carefully the information you post on the Site and what you provide to other Users. Your profile on this Site may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members on this Site (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and NuMedia assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact NuMedia at abuse@southland.la.
NuMedia reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages/photos/blogs) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. NuMedia expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Services if NuMedia determines, in its sole discretion, that you pose a threat to NuMedia and/or its Users.
1. Eligibility
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; and (iv) your use of the Services does not violate any applicable law or regulation. Your profile (including private messages/photos/blogs) may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
2. Term
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by request via e-mail to NuMedia at support@southland.la. NuMedia may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Fees
You acknowledge that NuMedia reserves the right to charge for the Services and to change its fees from time to time in its discretion. If NuMedia terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify NuMedia at support@southland.la immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by NuMedia. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
6. Proprietary Rights in Content on the Site
A. NuMedia does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, blogs, or any other materials (collectively, "Content") that you post to the Site via the Services. After posting your Content to the Site via the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Services on the Site, you hereby grant to NuMedia a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Services.
Without this license, NuMedia would be unable to provide the Services. The license you grant to NuMedia is non-exclusive (meaning you are free to license your Content to anyone else in addition to NuMedia), fully-paid and royalty-free (meaning that NuMedia is not required to pay you for the use on the Services of the Content that you post), sublicensable (so that NuMedia is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). This license will terminate at the time you remove your Content from the Services on the Site. The license does not grant NuMedia the right to sell your Content, nor does the license grant NuMedia the right to distribute your Content outside of the Services on the Site.
B. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services on the Site.
C. The Services contain content of NuMedia ("NuMedia Content"). NuMedia Content is protected by copyright, trademark, patent, trade secret and other laws, and NuMedia owns and retains all rights in the NuMedia Content and the Services. NuMedia hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the NuMedia Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services.
D. The Services contain Content of Users and other NuMedia licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services on the Site.
7. Content Posted on the Site
A. NuMedia may delete any Content that in the sole judgment of NuMedia violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. NuMedia assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time NuMedia chooses, in its sole discretion, to monitor the Services, NuMedia nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
B. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. NuMedia does not endorse and has no control over the Content. Content is not necessarily reviewed by NuMedia prior to posting and does not necessarily reflect the opinions or policies of NuMedia. NuMedia makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services on the Site. NuMedia reserves the right to investigate and take appropriate legal action against anyone who, in NuMedia's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services on the Site and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of NuMedia:
A. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
B. harasses or advocates harassment of another person;
C. exploits people in a sexual or violent manner;
D. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
E. solicits personal information from anyone under 18;
F. provides any telephone numbers, street addresses, last names, URLs or email addresses;
G. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
H. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music/videos or links to pirated music/video files;
I. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
J. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
K. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
L. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
M. involves commercial activities and/or sales without NuMedia’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
N. includes a photograph of another person that you have posted without that person's consent; or
O. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Services. NuMedia reserves the right to investigate and take appropriate legal action against anyone who, in NuMedia’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
P. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Q. advertising to, or solicitation of, any Member to buy or sell any products or services through the Services on the Site. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services on the Site in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, NuMedia reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which NuMedia deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services on the Site, you acknowledge that you will have caused substantial harm to Numedia, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay NuMedia $100 for each such unsolicited email or other unsolicited communication you send through the Services on the Site;
R. covering or obscuring the banner advertisements on your personal profile page, or any NuMedia page via HTML/CSS or any other means;
S. any automated use of the system, such as using scripts to add friends or send comments or messages;
T. interfering with, disrupting, or creating an undue burden on the Services on the Site or the networks or services connected to the Services on the Site;
U. attempting to impersonate another Member or person;
V. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
W. selling or otherwise transferring your profile;
X. using any information obtained from the Services on the Site in order to harass, abuse, or harm another person;
Y. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on the Site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
Z. using the Services on the Site in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of NuMedia to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to NuMedia by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted through the Services on the Site in a way that constitutes copyright infringement, please provide NuMedia with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please mail your notice of claims of copyright infringement to the following address: NuMedia Concepts, LLC, 350 Frank H. Ogawa Plaza, Suite 600, Oakland, CA 94612; Facsimile: (510) 835-8259; and email: support@southland.la.
10. Member Disputes
You are solely responsible for your interactions with other Members on the Site. NuMedia reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy
Use of the Services on the Site is also governed by NuMedia’s Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers
NuMedia is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on the Site may contain links to other websites. NuMedia is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by NuMedia. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by NuMedia. When you access these third-party sites, you do so at your own risk. NuMedia takes no responsibility for third party advertisements which are posted on the Site or through the Services, nor does NuMedia take any responsibility for the goods or services provided by its advertisers. NuMedia is not responsible for the conduct, whether online or offline, of any User of the Services. NuMedia assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. NuMedia is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall NuMedia be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a NuMedia event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services on the Site are provided "AS-IS" and as available and NuMedia expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NuMedia cannot guarantee and does not promise any specific results from use of the Services.
13. Limitation on Liability
IN NO EVENT SHALL NUMEDIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF NUMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NUMEDIA’S LIABILITY TO YOU FOR 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 TO NUMEDIA FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls
Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes
If there is any dispute about or involving the Services on the Site, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Oakland. Either NuMedia or you may demand that any dispute between NuMedia and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Oakland, California, USA, provided that the foregoing shall not prevent NuMedia from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity
You agree to indemnify and hold NuMedia, its subsidiaries, and affiliates, and their respective owners, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services on the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Site through the Services causes NuMedia to be liable to another.
17. Other
This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and NuMedia regarding the use of the Services. The failure of NuMedia to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Southland logo is a trademark of Numedia. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact NuMedia at: support@southland.la with any questions you may have regarding this Agreement.
Privacy Policy
May 20, 2007
About the Southland Forum/Gallery/Blog Site
The Southland Forum/Gallery/Blog site (“Site”) provided by NuMedia Concepts, LLC (“NuMedia”) is a social networking service that allows members (“Members”) to create personal online profiles and to communicate with other Members (“Services”). Members can view each others' profiles, communicate with old friends and meet new friends on the service, share photos, post journals and comments, create blogs, and describe their interests. To enrich our Members' experience, we request and display some personal information to other Members and Guests (collectively referred to as “Users”), which allows our Users to identify each other and expand their network of friends. Members can change their profile information at any time and can control how other Members and the service communicates with them.
NuMedia cares deeply about your online privacy. If you have any questions concerning this Privacy Policy, please email us at support@southland.la.
Information Collection and Use by NuMedia
NuMedia collects user submitted information such as name and email address to authenticate Users and to send notifications to those Users relating to the Services. The Services provided by NuMedia on the site also allow the Member to provide other profile data including but not limited to: personal interests, gender, and age.
NuMedia may also log non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from Users to the Site. This data may is used to manage the Site, track usage and improve the Services at the Site. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to Members. User IP addresses are recorded for security and monitoring purposes
User Profile information including Members' pictures and display names are displayed to people in order to facilitate user interaction in the NuMedia social networking community. Email addresses may be used for the purposes of inviting new friends to join NuMedia, to add users to Members' friends' networks, and to send notifications related to the service. With the exception of inviting friends, adding friends, and notifications, a Member's email address is not shared or displayed to people within a Member’s personal network. Members on the Site can communicate with each other through the Services, without disclosing their email addresses. Member’s full names are never directly revealed to other members. To facilitate searching and finding friends and acquaintances on the Site, NuMedia allows Members to search for other Members using a Member’s name, gender, photo, post count, post/join/visit date ranges, etc.
We may also use a Member’s email address to send updates, a newsletter or news regarding the Services. Members may choose not to receive email of this type by un-checking the box under the “Email Settings” that reads “Send me any updates sent by the board administrator” in the Member’s "Control Panel".
From time to time, NuMedia, or a partner, may sponsor a promotion, sweepstake, or contest on the Site. Users may be asked to provide personal information including name, email address, or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
Use of Cookies
NuMedia may use cookies to store User’s preferences and to record session information, for purposes including ensuring that Users are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you may need to enable cookies from NuMedia in order to use most functions on the site. Please note that NuMedia may allow 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not NuMedia’s Privacy Policy.
Links
NuMedia contains links to sites. NuMedia is not responsible for the privacy policies and/or practices on other sites. When linking to another site, a User should read the privacy policy stated on that site. NuMedia’s Privacy Policy only governs information collected on NuMedia’s Site.
Personal Profile, Forums, Galleries, Blogs
Please be aware that whenever you voluntarily post public information to the Personal Profile, Forums, Galleries, Blogs, or any other Public Platform, such information can be accessed by the public and can, in turn, be used by those people to send you unsolicited communications.
Correcting/Updating or Removing Information
NuMedia users may modify or remove any of their personal information at any time by logging into their account and accessing features within their Control Panel.
Email Choice/Opt-out
Members who no longer wish to receive updates or notifications may choose not to receive email of this type by un-checking the box under the “Email Settings” that reads “Send me any updates sent by the board administrator” in the Member’s "Control Panel".
Third Party Advertising
Ads appearing on the Site may be delivered to Users by NuMedia or any of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. NuMedia’s Privacy Policy covers the use of cookies by NuMedia, but, it does not cover the use of cookies by any advertisers.
Security
NuMedia member accounts are secured by member-created passwords. NuMedia takes precautions to insure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. For any additional information about the security measures we use on NuMedia, please contact us at support@southland.la.
Sharing and Disclosure of Information NuMedia Collects
Except as otherwise described in this privacy statement, NuMedia will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by NuMedia, whether or not a response is required by applicable law; (2) to enforce the NuMedia Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and Users of the Services. NuMedia reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of the Site or substantially all of its assets of the Site to that successor in interest. For more information, see the "Changes in Our Privacy Policy" section below.
Changes in Our Privacy Policy
From time to time we may make changes to our Privacy Policy. If we make changes, we will post them on our site to make Users aware of what the changes are so Users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the Privacy Policy when she or he uses the Services at the Site after those changes have been posted. If, however, we are going to use Users’ personally identifiable information in a manner materially different from that stated at the time of collection, we will notify by posting a notice on our Site for 30 days.
Contacting the Administrator
If you have any questions about the Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at either support@southland.la.
BY CLICKING ON THE REGISTER BUTTON BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |
