Heritage New Media Partners, Inc.

Acceptance of contract terms The following are terms of an agreement between you and Heritage New Media Partners, Inc. ("Heritage New Media Partners").

By viewing, accessing, browsing, or using nmatv.com you acknowledge that you have read, understood and agree to be bound by these terms and the terms of our privacy policy. If you do not agree to these terms and/or to the terms of our privacy policy, please do not use the site. Users should check these terms of use and the privacy policy periodically. By accessing, browsing or using the site after these terms of use and/or the privacy policy are revised, you agree to accept those revisions.

Users

Users agree to provide the site with accurate information in connection with the use of the service or otherwise obtained via or in connection with the site. User also agrees not to upload copyrighted material for which you/they do not own the rights or have permission from the owner.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Heritage New Media Partners, Inc. all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Heritage New Media Partners, Inc. or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Heritage New Media Partners, Inc. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Heritage New Media Partners, Inc. expressly disclaims any and all liability in connection with User Submissions. Heritage New Media Partners, Inc. does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Heritage New Media Partners, Inc. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Heritage New Media Partners, Inc. reserves the right to remove Content and User Submissions without prior notice. Heritage New Media Partners, Inc. will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Heritage New Media Partners, Inc. also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Heritage New Media Partners, Inc. may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(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 the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement 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 owner of an exclusive right that is allegedly infringed.

E. You understand that when using the NMA TV Website, you will be exposed to User Submissions from a variety of sources, and that Heritage New Media Partners, Inc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Heritage New Media Partners, Inc. with respect thereto, and agree to indemnify and hold Heritage New Media Partners, Inc., its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. Heritage New Media Partners, Inc. permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Heritage New Media Partners, Inc. provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the NMA TV website on the pages containing the Embeddable Player. Heritage New Media Partners, Inc. reserves the right to discontinue any aspect of the NMA TV Website at any time.

The Site

Heritage New Media Partners reserves the right, in its sole discretion, to modify and/or discontinue any part of the site or any services or products offered via the site at any time, with or without notice. Heritage New Media Partners authorizes you to view and download the materials at this website ("site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this site are copyrighted and any unauthorized use of any materials at this site may violate copyright, trademark, and other laws. If you breach any of these terms of use, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed materials.

Links to Other Sites

The site may contain links to other sites hosted and/or maintained by third parties. Heritage New Media Partners shall not be responsible for the content of any third party sites that may be linked to or from nmatv.com. These links are provided for your convenience, and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. Heritage New Media Partners does not assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services.

Product/Service terms of use

Certain Heritage New Media Partners products and services available through the site may have their own terms of use. You agree to be bound by the terms of the purchase with Heritage New Media Partners relating to the purchase of any products or services via this site. You agree that in the event of any conflict between these terms of use and the terms of your purchase, the terms of the purchase shall control.

Software

Certain software ("software") that you may download from the site is the copyrighted works of Heritage New Media Partners. Your use of the software is governed by the terms of any end user license agreement that accompanies the online download process. You may use the software only in accordance with the terms of any accompanying license agreement, and you are prohibited from using, reproducing, copying, in whole or in part, distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling or otherwise commercially exploiting any part of the software. Any third party software you may download via the site is subject to the terms and conditions of the third party's license agreement with you, if any. You hereby assure Heritage New Media Partners that you will not sublicense, export, or transfer ownership rights in the Software. In addition, you agree that you shall not violate any laws or regulations regarding the export or distribution of software outside the United States, including, but not limited to, encryption software.

Our Transmissions

Any material, information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Heritage New Media Partners or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. Notwithstanding the foregoing, all personal data provided to Heritage New Media Partners will be handled in accordance with Heritage New Media Partners' online Privacy Policy.

You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Indemnification

You agree to indemnify and hold harmless Heritage New Media Partners, its subsidiaries and affiliates, and their respective officers, employees and agents, from any and all third party claims or demands, including reasonable attorney's fees, arising out of your use of the site, your breach of these terms of service and/or your infringement of any intellectual property right(s).

Disclaimer and Limitation of Liability

Heritage New Media Partners assumes no liability for any errors or omissions contained on or in the site. The site is offered to you on an "As Is" basis without a warranty of any kind, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.

HERITAGE NEW MEDIA PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS OR LOST POSTAGE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF HERITAGE NEW MEDIA PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HERITAGE NEW MEDIA PARTNERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE DOLLAR ($1.00).

Waiver

Heritage New Media Partners' failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.

Choice of Law and Jurisdiction

The validity and interpretation of this agreement and the legal relations of the parties to it shall be governed by the laws of the state of Connecticut, without regard to its conflict of laws principles. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the state of Connecticut.

Trademarks and Copyrights

The trademarks and service marks of Heritage New Media Partners are the intellectual property of Heritage New Media Partners and its affiliates and subsidiaries in the United States and certain foreign countries (collectively "marks"). All third party trademarks on the site are the property of their respective owners and are used with the owners' permission. Except as provided by applicable law, the marks may not be used and/or reproduced without the written permission of Heritage New Media Partners. Those uses that are authorized must comply with Heritage New Media Partners' trademark usage guidelines (provided when necessary upon request). All copyrightable material ("material") on the site, including, but not limited to, the arrangement and presentation of materials on the site, is protected under copyright law as the exclusive property of Heritage New Media Partners. The Material may not be used and/or reproduced without the written permission of Heritage New Media Partners. Any third party copyrighted material appearing on the Site is used with the owner's permission. Heritage New Media Partners will enforce its intellectual property rights to the fullest extent permitted under the law.

Other Trademarks and Servicemarks

Other product and company names are trademarks of their respective owners.