NEW-MENUS TERMS OF USE

1. Copyright Notice
Copyright © 2007 by New-Menus. Permission to use all documents and related graphics and any other material from this World Wide Web site is subject to these Terms and Conditions and must be confirmed in writing by New-Menus.
2. Acceptance by the User of These Terms
"The New-Menus" offers a mix of online cyber resources, including, forums, a marketplace for buying, selling or trading, plus services providers, job and resume posting boards (from here on all to be referred to as the "New-Menus CyberService"). This Community Internet marketplace and exchange provides for online barters and trades and sales for goods and services of all kinds through its web sit, The New-Menus . The New-Menus allows participants to trade directly with each other as seller and buyer as defined and published in the various individual forums' user agreements. The New-Menus solely operates this community oriented market platform and does not act as seller or buyer itself. All content, interactive or not are subject to the following Terms of Use (from here on all to be referred to as "Terms "). You can expect that The New-Menus from time to time will update these terms. The New-Menus will provide notice of materially significant changes to the Terms by posting notice on The New-Menus web site. By using our cyber resources or CyberServices in any way, you are agreeing to comply with these Terms. In addition, when using a particular New-Menus CyberService, you agree to abide by any applicable posted guidelines for all New-Menus CyberServices, which may change from time to time. Each individual forum, board or module has its own unique User's Agreement. If at any time you object or are dissatisfied with the terms, your only option is to quit using The New-Menus CyberService offered by The New-Menus. BY USING THIS SERVICE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS SERVICE.
3. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the New-Menus CyberService, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the New-Menus CyberService. You understand that New-Menus does not control, and is not responsible for Content made available through the New-Menus CyberService, and that by using the New-Menus CyberService, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, The New-Menus site and Content available through the New-Menus CyberService may contain links to other web sites, which are completely independent of The New-Menus. New-Menus makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other web sites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will New-Menus be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the New-Menus CyberService. You acknowledge that New-Menus does not pre-screen or approve Content, but that New-Menus shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
4. Limitation of Service
New-Menus reserves the right to change, remove, or modify any information or content appearing on the Site, as well as the Terms of Use at its sole discretion at any time without prior notice. Modification of the Terms of Use will be effective upon its availability on the Site.
5. Privacy and Information Disclosure
Privacy is considered a fundamental right of anyone who uses any of the New-Menus CyberServices. New-Menus has established a Privacy Policy to explain to users how and why their information is collected and used. Your use of the New-Menus web site or the New-Menus CyberService signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that New-Menus may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of The New-Menus, its users or the general public.
6. Conduct
You agree not to post, email, or otherwise make available content, attachments or links:

that are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
that are pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
(simply put, we do not wish to be seen as supporting any site that contains adult content - adult content being defined as any material that you would not feel comfortable showing to your spouse, your teenagers, or your boss and co-workers.)
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that impersonates any person or entity, including, but not limited to, a New-Menus employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
that includes personal or identifying information about another person without that person's explicit consent;
that are false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
That contains information copyrighted or owned by any individual or entity other than the member and does not have the owner's consent.
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
that includes links to commercial CyberServices or web sites, except as allowed in "CyberServices";
that advertises any illegal CyberServices or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by state and federal laws.
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;
that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the New-Menus CyberService, or that otherwise negatively affects other users' ability to use the New-Menus CyberService; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the New-Menus CyberService.
post unsolicited or unrelated advertisements as well as announcements or links to competing web sites in posts.
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the New-Menus CyberService - unless expressly permitted by The New-Menus;

7. Limitations of service
You acknowledge that New-Menus may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the New-Menus CyberService, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the New-Menus CyberService, and the frequency with which you may access the New-Menus CyberService. You agree that The New-Menus has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the New-Menus CyberService. You acknowledge that New-Menus reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that The New-Menus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the New-Menus CyberService.
8. Access to the New-Menus CyberService
New-Menus grants you a limited, revocable, nonexclusive license to access the New-Menus CyberService for your own personal use of the New-Menus CyberService, and not to download (other than page caching) or modify it, or any portion of it, or any Content made available via the New-Menus CyberService (except for your own Content), without the express written consent of The New-Menus.
9. Termination of Service
You agree that The New-Menus, with its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the New-Menus CyberService (or any part thereof), immediately and without notice, and remove and discard any Content within the New-Menus CyberService, for any reason, including, without limitation, if New-Menus believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that New-Menus shall not be liable to you or any third party for any termination of your access to the New-Menus CyberService. Further, you agree not to attempt to use the New-Menus CyberService after you have been terminated.
10. Third Party Companies and Products
Your interactions with organizations and/or individuals found on or through the New-Menus CyberService, including payment and delivery of goods or CyberServices, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that New-Menus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that New-Menus is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release The New-Menus, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
11. Ownership of Materials
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the New-Menus CyberService is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The New-Menus. You further agree not to reproduce, duplicate or copy Content from the New-Menus CyberService without the express written consent of The New-Menus, and agree to abide by any and all copyright notices displayed on the New-Menus CyberService. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the New-Menus CyberService. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the New-Menus CyberService.
Although New-Menus does not claim ownership of content that its users post, by posting Content to any public area of the New-Menus CyberService, you automatically grant, and you represent and warrant that you have the right to grant, to The New-Menus an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the New-Menus CyberService, you automatically grant New-Menus all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the New-Menus CyberService by any party for any purpose.
12. Disclaimer of Warranties
New-Menus PROVIDES THIS WEB SITE IN AN 'AS-IS' CONDITION, WITHOUT A WARRANTY OR CONDITION. New-Menus IS NOT LIABLE FOR ANY DAMAGES RESULTING FROM USAGE, OR YOUR VISIT IN ANY OTHER WAY, TO The New-Menus. YOU AGREE THAT USE OF The New-Menus SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. The New-Menus SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, New-Menus DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF The New-Menus SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, New-Menus DISCLAIMS ANY WARRANTIES FOR OTHER CyberServices OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE New-Menus SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON The New-Menus SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, The New-Menus DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH The New-Menus SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
13. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL New-Menus BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF The New-Menus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF The New-Menus SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF The New-Menus SITE OR THE SERVICE, FROM INABILITY TO USE The New-Menus SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF The New-Menus SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER CyberServices OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH The New-Menus SITE OR THE SERVICE OR ANY LINKS ON The New-Menus SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH The New-Menus SITE OR THE SERVICE OR ANY LINKS ON The New-Menus SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
14. Indemnity
You agree to indemnify and hold The New-Menus, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the New-Menus CyberService, your use of the New-Menus CyberService, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
15. Miscellaneous

We ask that you to please use the "Contact Us" link to report any violations you are aware of.
Because damages are often difficult to establish, if it becomes necessary for New-Menus to pursue legal action to enforce these Terms, you will be liable to pay New-Menus certain amounts as liquidated damages. Your use of The New-Menus's New-Menus CyberServices declares that you accept as reasonable, estimates made by The New-Menus for pursuable legal action.