Terms of Use & Privacy Policy

Welcome to the New Media Rights (“NMR”) Website.  NMR is an independently funded non-profit program of California Western School of Law (a 501(c)(3)), that provides critical, preventative, one-to-one legal services to creators, entrepreneurs and internet Users. In addition to direct, one-to-one legal services, NMR provides hundreds of freely available video and written legal education guides.  NMR also turns what it learns into policy work before the Copyright Office and the FCC. Finally, through our partnership with California Western School of Law NMR trains the next generation of attorneys in cutting edge areas of the law though our Internet and Media Law Clinic.

The NMR Terms of Use and Privacy Policy (collectively “Terms”) govern the use of the NMR Website which includes all pages at the newmediarights.org domain, including but not limited to the NMR Fair Use App (collectively “Website”). By accessing or using the Website, You (“You” or “User”) agree to abide by the Terms.  If You do not agree with these Terms do not use the NMR Website.

Information Provided on the Website is not Legal Advice.
The NMR Website is an information source ONLY to be used at the discretion of the User.  The NMR Website does not provide or replace individualized legal advice and does not create an attorney-client relationship between the User and NMR.  NMR does not make any guarantee that any part of the NMR Website is suitable for a particular purpose. NMR does not guarantee that any form or link included or referenced to on the site is accurate, reliable, complete, or timely.  The Website may include information which is jurisdiction specific or not applicable to Your situation.  If You are in need of legal advice seek advice from an attorney. NMR IS NOT YOUR LAWYER.

NMR Contact Form.
If you would like to seek out legal advice from NMR you must use the NMR Contact Form. All other emails, phone calls, direct messages or other attempts to contact NMR will be directed to the contact form.

Use of the NMR contact form is governed by our Supplemental Terms of Service. Before using the NMR contact form please read these Supplemental Terms of Service.

NMR Content.
Unless otherwise stated all content on the Website is licensed under a Creative Commons Non-Commercial 3.0 License. For more information on reusing NMR content, check out our copyright policy here.

Third Party Content.
Please note that the Website may contain links to other third party websites that are not owned or controlled by NMR.  NMR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NMR will not and cannot edit the content of any third-party site.  By using the NMR Website, You expressly relieve NMR from any and all liability arising from Your use of any third-party website.

Privacy Policy.
Your relationship with NMR is Your business only. We do not collect personally identifiable information on our web site or otherwise unless You affirmatively provide that information, such as through our Contact Form or Newsletter sign up. While we maintain some records of individuals who contact us to contact them later or provide further information to them in the future, we do not provide this information to anyone else unless they give us their permission.

We do not sell, rent, share, or otherwise disclose mailing lists or other personally identifiable information, except as described below:

  • when You give us Your consent to do so, for example, with the permission of donors at the Sustaining Donor level or above, we will post their name and website on our Sustaining Donors page.
  • when we tell You that the information You provide will be shared in some way and You provide us that information;
  • when we believe we are authorized or legally required to do so or that doing so is necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including things like subpoenas, warrants or court orders;
  • in connection with any merger, transfer or sale of NMR assets or similar circumstance; or
  • to enforce or apply our Terms.

General Terms.

Limited Liability and Warranty Disclaimer.
NMR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE. YOU EXPRESSLY AGREE THAT YOU USE THIS WEBSITE SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL NMR BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES.  THE RESPECTIVE LIABILITY OF NMR SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NMR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NMR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

Indemnification.
You agree to indemnify and hold NMR harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (1) Your use or misuse of, or access to the Website (2) a violation of the Terms of this agreement, any applicable law or regulation. NMR retains the right to employ NMR’s own counsel. You remain solely responsible for NMR’s defense and must obtain NMR’s written consent to a settlement.

Modification.
NMR may change the Terms from time to time, at NMR's sole discretion. Your continued use of this Website following the posting of such changes will constitute Your assent to all such changes. Please periodically visit this section of the Website to review the current version of the Terms.

Dispute Resolution and Governing Law.
These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles. For any dispute arisin, 2015g under these Terms, You agree to contact NMR and attempt to resolve disputes informally first.  You agree to negotiate with NMR for no less than 30 days prior to seeking an alternative method of dispute resolution.  If settlement cannot be reached within the 30 day period, parties agree to try in good faith to settle the dispute by mediation.  The mediator shall be mutually agreed upon by the parties or their officers.  Parties agree not to file a complaint with any court until the above methods of dispute resolution have been exhausted.  If settlement cannot be reached through either negotiation or mediation, any unsettled dispute shall be resolved by a court located in San Diego, California.

No Waiver of Terms.
NMR’s failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance

Entire Agreement.
The Terms and The Supplemental Terms constitute the entire agreement between the parties with respect to the use of the Website and supersedes and replaces all prior or contemporaneous agreements. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Updated July 9, 2015