Terms of Service
We at NewtoMedia Inc. are providing destination websites for City Facts, News, and Business Resources for the most popular areas around the country. People evaluating or relocating to a metro area, new residents to a metro area and existing residents of an area can all benefit from our websites. Our mission is to provide the information and resources to enhance our user’s decision-making about any content on our website.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision in Section 16. If you don’t agree to these Terms, don’t use our services.
Terms of Service
These Terms govern your access to and use of the products and services we provide through NewtoMusicCity.com. These Terms also govern visitors’ access to and use of any websites that use our Services.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you create a user account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 18. If you register as a user or otherwise use our Services, you represent that you’re at least 18 years of age. You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age, you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our websites. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
We don’t have any control over third-party websites.
A link to or from one of our Services does not represent or imply that we endorse any third party.
We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Any Content that’s for sale through any of our websites is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
We are not a party to and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content or services.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
Fees, Payment, and Renewal
Fees for Payment. Some of our Services are offered for a fee, like the purchase of ad space on our website pages. By making a payment, you agree to pay the specified fees. Depending on the payment, there may be one-time fees(setup fees), and/or recurring fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (quarterly basis), on a pre-pay basis until you cancel. You may cancel your subscription before the renewal date of your initial purchase. To cancel our service, simply email us at info@newtoMusicCity.com with “Notice of Cancellation” in the header of the email.
Payment. If your payment fails, Payment is otherwise not paid on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Payment), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Payment without notice to you.
Automatic Renewal. To ensure uninterrupted service, recurring payments are automatically renewed. This means that unless you cancel a Payment before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Payment will be renewed for the same interval as your original subscription period, we may charge your account up to two weeks before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s) and manage subscriptions for our services by viewing your initial purchase receipt and via your online user account. You’ll need to check your email (including spam or other filters) for any reminder emails we might send you before your Payment renewal.
Fees and Charges. We may change our fees at any time in accordance with these terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Payment. We will notify you before any change in fees or features occurs.
Refunds. We may refund payment at NewtoMedia’s discretion under extraordinary conditions, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local, or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you. Feedback can be sent to firstname.lastname@example.org.
By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and services and promoting your business. This license also allows us to make any publicly posted Content available to select third parties so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give NewtoMedia Inc. permission to share your Content on other NewtoMedia, Inc. websites and add our own Content to it (aka to “reblog” your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website or landing page.
We may use a third-party service to measure NewtoMedia, Inc.’s website audience and usage.
Termination of Services:
We may refuse, condition, or suspend any transaction or account if we believe you have violated this Agreement or that your activities or transactions expose you, us, or others to unacceptable risks, as determined by us in our sole discretion.
As we ask all visitors and users of our services to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.
The Agreement doesn’t transfer any NewtoMedia, Inc. or third-party intellectual property to you, and all right, titles, and interests in and to such property remain (as between NewtoMedia, Inc. and you) solely with NewtoMedia, Inc. All products and services provided by NewtoMedia, Inc., and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of NewtoMedia, Inc. (or NewtoMedia, Inc. licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any NewtoMedia, Inc. or third-party trademarks.
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of NewtoMedia, Inc, or if NewtoMedia, Inc. posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any NewtoMedia, Inc policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, or terminate your access to the Services if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Payment, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.” NewtoMedia, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither NewtoMedia, Inc, nor its suppliers and licensors, make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Atlanta, Georgia.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Atlanta, Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
Limitation of Liability
In no event will NewtoMedia, Inc., or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability, or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to NewtoMedia, Inc. under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. NewtoMedia, Inc. shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless NewtoMedia, Inc. its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any e-commerce activities conducted through your or another user’s website.
US Economic Sanctions
You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. Government authority relating to designated, restricted, or prohibited persons.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms, we provide that apply to any specific Service) constitutes the entire agreement between NewtoMedia, Inc. and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
NewtoMedia, Inc. may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.