Welcome to NPBN. We wish to provide an excellent service to all users-which means that all users have to enter into an agreement on the terms of use. It is a legal agreement-between NPBN and you-that starts below, where identified, after a summary of some of the points. Therefore, please carefully read what is set forth, starting with the summary (immediately below). If you do not agree with the terms, then you must not use the services of NPBN. You can contact us at feedback@npbn.com with requests to change the terms, which we will consider.

Here is a summary of some of the terms but please note that this summary is not part of the agreement and not binding-the binding legal part begins below #11 of this summary.

Summary of Some of the Terms of this TOU (Terms of Use)

1. The agreement is legally binding and governs your use of the NPBN Services (defined below) and NPBN's use of what you post or submit to us.

2. The main point is that the services will be better for everyone (including you) if you do what your parents and grandparents have always said: Please respect others. We're serious. Basically, NPBN wants to keep you from using any of the NPBN Services in a way that injures or damages someone else or injures or damages NPBN.

3. There is a minimum age limit for users of the NPBN Services and for the time being that is 13. We are sure that you will understand.

4. The agreement (that is, the TOU) refers to other documents that are available at the web address noted in the agreement where each such document is mentioned. Those other documents are a part of the agreement. This is known in legal terms as "incorporation by reference." Please be sure that you read and understand the applicable agreements. For example, NPBN's privacy policy is incorporated into the agreement (you can find the privacy policy at www.npbn.com/privacypolicy.aspx).

5. Email, NPBN conduct (or lack of it) or any communications do not alter the terms of the agreement. That can be done in only two ways: by NPBN posting new terms or by NPBN executing a separate agreement with you.

6. If you use some of the NPBN Services but not all of them, then some of the terms of this TOU will apply to your specific use. For example, you might post a comment or submit a video or other work. Section 3 applies to those who want to create an account, which enables them to use additional features and functionality. Section 6 applies to posting comments and Section 7 applies to submissions.

7. NPBN can change the terms of the agreement below from time to time. That means also that we can change the terms of the documents that are incorporated by reference. We will post the new agreement and try to make sure that a notice is on the home page of one of the NPBN websites. What this means for you: Any of your actions (and those of NPBN) before the new terms are posted will be governed by the old terms. The new terms will apply if you accept them and then only for your actions after your acceptance. Once replaced, the old terms will be archived at www.npbn.com/tou/archives.

8. How you accept the terms of the agreement is set forth below, in the section "1. Your Acceptance of These Terms."

9. You can contact us at feedback@npbn.com with your feedback on these terms but please understand that we might not be able to reply to every email.

10. We have a method for taking down material that someone may consider violates certain proprietary rights (e.g., copyright). That section of the TOU is Section 8.

11. This TOU applies to use of the NPBN Services through other devices such as a mobile phone. The use of such other devices may also have additional terms. Those terms will apply to that particular use of that particular device but the terms in this TOU will also apply .

The legally binding agreement begins immediately below:

Terms of Use Agreement

Upon your acceptance this is a legally binding agreement between NPBN and you. Critical to any agreement are "defined terms," any of which are located throughout this document. Among the defined terms that are used quite a bit, are the following.

We will refer to this agreement as "Agreement" or "TOU." In this Agreement, the terms "NPBN," "We" and "us" each refer to New Paradigm Broadcasting Network, Inc. or to any company that succeeds it (for example, by acquiring NPBN). "You" refers to, well, you-the person using the NPBN Services. You are also a "user," meaning one who uses features and functionality of NPBN Services and/or UGC.

Common sense will tell you that NPBN Services means what you get when you view or use what is available from NPBN. More specifically, though, "NPBN Services" is defined as the combination of: (a) NPBN Content; (b) the display and delivery of NPBN Content and, with respect to the UGC, the uploading, display and delivery of UGC, (c) the means by which NPBN Content is displayed or otherwise delivered to you and, with respect to UGC, the means by which UGC is uploaded, displayed and delivered to you; (d) the features and functionality of such means of display and delivery and features and functionality (including for example your sharing of NPBN Content and/or UGC); and (e) the look and feel of the display, delivery, features and functionality and including the trademarks, service marks, copyrights, logos and other proprietary rights of NPBN. The NPBN Services may change from time to time.

"NPBN Content" means the information displayed from time to time by or on behalf of NPBN and available for use by a user or users through the features and functionality of the NPBN Services but excluding UGC. "UGC" means "User Generated Content" created by any user that is uploaded from time to time to one or more NPBN Sites, including User Comments and User Works. "User Comments" are text or multimedia comments that any user posts from time to time to any NPBN Sites. "User Works" are the multimedia works submitted by a user to NPBN that NPBN may or may not post from time to time to any NPBN Sites but excluding User Comments.

"NPBN Site" means any website (or successor technology) and any other means of digital delivery of NPBN Content, UGC and other aspects of NPBN Services (e.g., features and functionality) such as mobile networks.

Other terms in this Agreement within quotation marks have the definitions given them at that point in the Agreement.

1. Your Acceptance of these Terms, Modifications to the TOU

(a) Your Acceptance. By using any NPBN Service, you agree to the terms of (1) this Agreement, (2) NPBN's privacy notice, found at and http://www.npbn.com/privacypolicy.aspxand incorporated here by reference and (3) other documents specified in this Agreement and provided to you through a link in this Agreement. If you do not agree to any of these three points then you are prohibited from using any NPBN Services until you agree to these terms or NPBN and you reach written agreement (signed by both parties) on other terms. You may also submit your requests for changes to these terms by email at feedback@npbn.com, though we might not be able to reply to such requests.

(b) Modifications to the TOU and Other Policies. NPBN may, in its sole discretion, modify or revise this TOU at any time by posting new terms of use on the NPBN Site, and you agree to be bound by such new TOU for all of your use of the NPBN Services after such posting and after your subsequent use of any NPBN Services. Please review the most recent version on a frequent basis (http://www.npbn.com/terms.aspx). Please note that this section means that NPBN may modify or revise policies that are incorporated by reference into this TOU, which such modifications and revisions will be effective when posted.

Please note: Your use of the NPBN Services prior to such posting (and your acceptance of the terms by your subsequent use) will continue to be governed by the previous terms of use on the NPBN Site. New terms affect only new activity by you. The old terms will be located at www.npbn.com/tou/archives.

(c) Application of Terms. Every section of this TOU applies to every user, unless specified at the outset of a section that such section applies to only a select group of users.

2. NPBN Services and Links to Third Parties, No Use of Other's NPBN Accounts

(a) Other Websites. The NPBN Services may contain links to third party websites that are not owned or controlled by NPBN. NPBN has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. For purposes of this TOU, "websites" also means other services by which content may be delivered or functionality provided, e.g., mobile phones. In addition, NPBN will not and cannot censor or edit the content of any third-party website. By using any NPBN Services, you expressly relieve NPBN from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the NPBN Services and to read the terms and conditions and privacy policy of each other website that you visit or other information that you use.

(b) Advertising. NPBN takes no responsibility for advertisements accessible through the NPBN Services and/or any responsibility for the products or services provided by advertisers. Any relationship you have with advertisers is up to you. You agree that NPBN is not liable for any claim you may have against an advertiser.

(c) Other Accounts. Whether or not you create an NPBN Account, you are prohibited from using another person's NPBN Account without that person's permission. "NPBN Account" means the account you create when you register for certain NPBN Services, in which you provide user name and other information.

3. NPBN Accounts

This Section 3 applies only to each user who creates an NPBN Account. This Section 3 also includes the means for terminating an account.

(a) Creating an NPBN Account. In order to access some of the NPBN Services, you will have to create an NPBN account. These include registering so that you can participate in blogs, a deeper level of registration if you want to post other content and an even deeper registration if you want to receive certain additional benefits. If you do not provide accurate and complete information then you will not get the benefits from that account. This also means that you need to update your account information when it changes.

(b) Account Data Subject to the Privacy Policy. As with all information NPBN collects from users, the information collected from each NPBN Account is subject to the privacy policy (which, as noted previously, is incorporated by reference into this TOU) which can be found at http://www.npbn.com/privacypolicy.aspx. Also as previously noted, that policy is subject to change from time to time.

(c) The NPBN Account Is Your Responsibility. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Please immediately notify NPBN of any unauthorized use of your account.

(d) Limitations on Liability from an NPBN Account. Although NPBN will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NPBN or others due to such unauthorized use. Additional terms relating to such liability (and the release of liability) are also found at 10 and 11.

(e) Terminating or Closing an NPBN Account. NPBN has the right to terminate a User Account if a user is determined (in NPBN's sole discretion) to be a repeat infringer of this TOU or the infringement is serious enough to warrant termination (e.g., pornographic, defamatory or obscene material). NPBN may also terminate any accounts if its business changes. NPBN will not necessarily notify you that an account has been terminated.

You may close your NPBN Account at any time by sending an email with such instructions. Please send it to info@npbn.com with the subject line "Please close account." If the account information we have for on file for you is not correct, then we will not be able to close your NPBN Account.

4. General Use of NPBN Services-What You Can and Cannot Do

Below are set forth some of the principal terms for your use of the NPBN Services. Basically, the intent is that you can enjoy the NPBN for your personal, non-commercial uses that are not, well, nasty. Put another way, you are not to use the NPBN Services for your commercial purposes or in a way that damages or injures other persons (or entities) and/or NPBN.

(a) Permission. NPBN hereby grants you permission to access and use the NPBN Services as set forth in this TOU, provided that:

1. You agree not to alter or modify any part of any NPBN Services. Actions such as sharing Content or posting a User Comment in the appropriate places within the NPBN Services are not alterations or modifications.

2. You agree not to access User Submissions (defined below) or NPBN Content through any technology or means other than the technology used in the NPBN Services for such access and use.

3. You agree not to use the NPBN Services for any commercial use without the prior written authorization of NPBN. Prohibited commercial uses include any combination of the following actions without NPBN's prior written authorization:

   • Sale of access to any NPBN Service or related services;

   • Use of any NPBN Service(s) for a purpose that could result in obtaining advertising or subscription revenue;

   • Sale of advertising on any another website regarding the content of User Submissions or of other NPBN Content;

   • And any use of any NPBN Services that NPBN finds, in its sole discretion with the effect of competing with, or detrimentally affecting the market for, NPBN.

4. Prohibited commercial uses do not include:

   • Uploading an original video to NPBN;

   • Sharing NPBN Content through NPBN Services on an ad-enabled blog or website, unless you are trying to compete with us or obtain any revenue (in which case that use would be prohibited);

   • Any use that NPBN expressly authorizes in writing (and such written authorization is explained in Section 13).

5. You agree not to use any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses NPBN Services in a manner that sends more request messages to the NPBN servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NPBN grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. NPBN reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

6. You will otherwise comply with the terms and conditions of this TOU, and all applicable local, national, and international laws and regulations when using any NPBN Service(s).

7. NPBN reserves the right to discontinue any aspect of the NPBN Services at any time.

(b) SPAM. We hate SPAM probably more than you do. You are prohibited from using the NPBN Services for SPAM or any other form of unsolicited bulk communications. This means that you cannot use the NPBN Services to "harvest" information about users to send, or to facilitate the sending of, unsolicited bulk or other communications. If you do so, then you acknowledge that you will have caused substantial harm to NPBN and that the amount of such harm would be extremely difficult to measure. We have made a reasonable estimate of the damages and therefore, you will pay NPBN $50 for each such unsolicited communication you send through the NPBN Services.

You also understand that we may use technical measures from time to time to prevent the sending or receipt of such communications.

(c) NPBN's Trademarks and Other Assets. NPBN, the NPBN logo, www.npbn.com, and other NPBN marks, graphics, logos, scripts, and sounds are trademarks of NPBN. None of the NPBN trademarks may be copied, downloaded or otherwise exploited without NPBN's prior written authorization.

5. Viewing and Using NPBN Content & UGC.

In addition to the general restrictions above, the following restrictions and conditions apply specifically when you want to view or share NPBN Content and/or UGC. (If you want to post UGC, then you need to look also at Sections 6 and 7.) Again, use it for personal purposes and not for commercial gain or in a way that injures someone.

1. You may access and use NPBN Content and UGC and other features and functionality of NPBN Services only as permitted under this TOU.

2. NPBN Content (please remember that this excludes UGC) is provided to you AS IS for your information and personal use only in accordance with this TOU. Additional limitations on the nature of the NPBN Content are also found in Section 9 below.

3. Except for the purposes specified in this TOU, NPBN Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of NPBN and, where appropriate, the respective owners or other rights holders.

4. In case it is not clear. you agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted in this TOU. That means that prohibited uses include, without limitation, any use, copying, or distribution of NPBN Content or UGC for any commercial purposes that are not specified in this TOU

5. NPBN reserves all rights not expressly granted in this TOU in and to the NPBN Services and including the UGC.

6. The NPBN Services and UGC are available only for your information and only for your personal (and not prohibited commercial) use and solely as permitted in this TOU.

7. It is simple: If such buttons are not there, then you cannot share, download, copy and the like. You shall not share any UGC except by use of the "Share" button available through the NPBN Services. Similarly, when you wish to download or copy UGC through other means, then you are permitted to do so only by use of a "download" button in the NPBN Services. You may comment on UGC and post your own User Comments but only in accordance with the features provided in the NPBN Services permitting such postings. Please be aware that the references above to these buttons also refer to successor buttons or other functionality that has the same meaning (as defined by industry standards).

8. You agree not to circumvent, disable or otherwise interfere with security-related features of the NPBN Services or features that prevent or restrict use or copying or enforce limitations on use.

9. You understand that when using the NPBN Services, you will be exposed to a broad array of UGC, some of which you do not like or even really dislike and some of it will not be accurate, etc. You may find some of it obscene by your standards or otherwise distasteful. That is the nature of UGC. NPBN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to UGC. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NPBN with respect to such UGC, and agree that your obligations of indemnity in Section 11 apply to any liability NPBN may have as a result of such UGC.

6. Your User Comments and Conduct

This Section applies to each user who chooses to make one or more User Comments. Please note that you are granting a license to NPBN only to display your comments (or parts of them), create marketing and promotional materials that may include those comments (or their parts) and also to archive them to maintain the site and a record of comments. That license is set forth in this section.

(a) Grant of License to NPBN. By this TOU you grant to NPBN a worldwide, non-exclusive, royalty-free license, with a right to sublicense and transfer, to use, reproduce, distribute, prepare derivative works of, display, and perform the User Comments solely in connection with the display of such User Comments via the NPBN Services, including without limitation for promoting and redistributing part or all of the NPBN Services, which of necessity includes the right to edit any User Comments. This license also includes the right to archive such User Comments for purposes of maintaining the NPBN Services and maintaining a record of such comments. This license is perpetual and irrevocable.

(b) Grant of License to other Users. Let's face it: You want other users to comment on your User Comments. Technically, they need a license to do so. Therefore, you also grant each user of the NPBN Services a non-exclusive license to view your User Comments through the NPBN Services, and to use, reproduce, distribute, display and perform such User Comments solely as permitted under these Terms of Service. This license is irrevocable and perpetual.

(c) Your Ownership Rights, Other Submissions. To be clear, you retain all ownership rights. You are not granting NPBN the right to create from your comments any works not used solely for the purposes of display, marketing, promotion and archiving of the NPBN Services or of letting other users interact with what you are posting.

However, please be aware that other users may submit a User Work or User Comment that may in fact incorporate something from your User Comments, or NPBN may commission or acquire rights in or ownership of content that may appear to be similar to your User Comments. Whatever monitoring of User Comments occurs, there are far too many such postings for NPBN to keep track of any of them, let alone similarities to them. Such similarity is purely coincidental.

(d) Your Representations and Warranties about Your User Comments. You represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize NPBN and other users to use all proprietary rights in and to any and all User Comments to enable NPBN and other users to exercise the rights you have granted them, above. This means that you are responsible for making sure that the User Comments do not include copyrighted works or other proprietary rights (among others) unless you have the right to do so.

(e) No Endorsements. We welcome your opinions expressed in your User Comments (but do not make them nasty or derogatory) but NPBN does not endorse anything in any User Comment. Therefore, we expressly disclaim any and all liability in connection with User Comments.

(f) Deleting User Comments. We reserve the right to delete any User Comment(s) that are nasty, obscene, inflammatory, defamatory, rude or just plain stupid-or there is some other reason in our sole discretion. And if we do so, we may also terminate your account. You have lots of other places to post such comments-just not here.

(g) Limits on Confidentiality. The NPBN Services are pretty much open to most of the public that can access the Internet (and if it is delivered by mobile devices, then by mobile devices, too). Therefore, you realize that NPBN does not guarantee any confidentiality with respect to any User Comments.

7. Your User Works and Conduct

This Section applies to each user who chooses to submit something such as a video that you wish to have displayed on an NPBN Site. This submission is termed a "User Work." Please note that you are granting a license to NPBN to post what you submit so that others may view it and comment on it. Please also understand that NPBN is under no obligation to post what you submit.

NPBN might be interested in acquiring additional rights to what you submit. If so, we will contact you and submit a additional agreement to you.

(a) Grant of License to NPBN. By submitting a User Work you grant to NPBN, solely in connection to the posting of your User Work and the user comment features and functionality of the NPBN Services, a worldwide, exclusive, royalty-free license, with the right to transfer and/or sublicense, to use, reproduce, distribute, prepare derivative works of, display, and/or perform all or any part or parts of the User Work in connection with the NPBN Services and/or with other forms of delivery in other aspects of the business of NPBN, by whatever technology is now in existence or invented subsequent to the start of this TOU. This license does not include the right to create other works (known as derivative works) from concepts, characters, plotlines, the look and feel or any other aspect of your User Work. This license also grants NPBN the right to archive your User Works. This license is irrevocable and perpetual.

(b) Grant of License to other Users. As with User Comments, other users technically must have the right to look at and interact with what you submit. Therefore, you also grant each user of the NPBN Services a non-exclusive license to view your User Works through the NPBN Services, and to use, reproduce, distribute, display and perform such User Works solely as permitted under this TOU. This license does not give other users the right to use your User Work to create a similar work for use elsewhere. However, this license does grant other users the right to use portions of your User Work to create User Comments or to create User Works with part of your User Work in them as permitted under the "fair use" doctrine of federal law relating to intellectual property. This license is irrevocable and perpetual.

(c) Other Submissions. Please be aware that other users may submit a User Work or User Comment that may in fact incorporate something from your User Comments, or NPBN may commission or acquire rights in or ownership of content that may appear to be similar to your User Works. Whatever monitoring of User Works occurs, there are far too many such submissions for NPBN to keep track of any of them, let alone similarities to them. Such similarity is purely coincidental. NPBN shall not be responsible to you for content it may acquire (in whole or in part and including limited licensed rights) or develop that bears any resemblance to your User Work.

(d) Your Representations and Warranties about Your User Comments. You represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize NPBN and other users to use all proprietary rights in and to any and all User Works to enable NPBN and other users to exercise the rights you have granted them, above. This means that you are responsible for making sure that the User Comments do not include copyrighted works or other proprietary rights (among others) unless you have the right to do so.

(e) No Endorsements. We welcome your opinions expressed in your User Works (but do not make them nasty or derogatory) but NPBN does not endorse anything in any User Work. Therefore, we expressly disclaim any and all liability in connection with User Works.

(f) Deleting User Comments. We reserve the right to delete any User Comment(s) that are nasty, obscene, inflammatory, defamatory, rude or just plain stupid-or there is some other reason in our sole discretion. And if we do so, we may also terminate your account.

(g) Limits on Confidentiality. The NPBN Services are pretty much open to most of the public that can access the Internet (and if it is delivered by mobile devices, then by mobile devices, too). Therefore, you realize that NPBN does not guarantee any confidentiality with respect to any User Works.

8. Digital Millennium Copyright Act-Takedown Notice

This Section enables you to seek removal of content from the NPBN Services that you believe infringes on certain proprietary rights-and it provides you with the procedure to object to the removal of such content. (Removal also includes simply making it unavailable for users to see it.)

(a) Takedown Notice. If you are a copyright owner or an agent thereof and believe that any User Submission or other NPBN Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing. The appropriate section of the federal law can be found at 17 U.S.C 512(c)(3). The following information is needed:

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

2. 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;

3. 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;

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

5. 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

6. 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.

Please understand that your DMCA notice might not be valid if you fail to comply with all of the requirements of this Section.

NPBN's designated Copyright Agent to receive notifications of claimed infringement is: NPBN, 1201 West 5th Street, Suite M-120, Los Angeles, CA 90017. Please send only the DMCA notices to the Copyright Agent. Send any other feedback or comments on this matter to dmca@npbn.com.

(b) Notice of Objection to Takedown. You might not like it that certain content was removed. Here is the procedure to object, which requires you to meet certain criteria. You must represent the owner of the content (authorization from the owner or the copyright agent of the owner) or you are the owner or you have other rights under law to the content in question. If you meet at least one of these conditions then you may send this notice containing the following information to the Copyright Agent. You can also send us email but that will not replace the notice (send such an email to dmca@npbn.com). The notice must include:

1. Your physical or electronic signature;

2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

4. Your name, address, telephone number, and e-mail address, a statement that you consent to the exclusive jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If this notice is received by the Copyright Agent, NPBN may send a copy of it to the original complaining party informing that person that NPBN may replace the removed content in 10 or so business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 (or so) business days or more after receipt of the notice by the complaining party. However, doing so is at NPBN's sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE NPBN SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NPBN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE NPBN SERVICES AND YOUR USE OF SUCH SERVICES. IN PARTICULAR, YOU AGREE THAT USE OF THE NPBN SERVICES IS AT YOUR OWN RISK. THE NPBN SERVICES, INCLUDING THE NPBN SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NPBN DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. NPBN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE THROUGH NPPBN SERVICES OR THE CONTENT OF ANY SITES ACCESSIBLE THROUGH THE NPBN SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ANY NPBN SERVICES;

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR NETWORK AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON SUCH SERVERS AND/OR NETWORK;

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF ANY PART OF THE NPBN SERVICES;

(V) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER INSIDIOUS MALWARE TRANSMITTED TO OR THROUGH THE NPBN SERVICES BY ANY THIRD PARTY; AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NPBN SERVICES.

NPBN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NPBN SERVICES OR ANY HYPERLINKED WEBSITE OR OTHER LOCATION OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NPBN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL NPBN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ANY NPBN SERVICES;

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR NETWORK AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON SUCH SERVERS AND/OR NETWORK;

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF ANY PART OF THE NPBN SERVICES;

(V) ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER INSIDIOUS MALWARE TRANSMITTED TO OR THROUGH THE NPBN SERVICES BY ANY THIRD PARTY; AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ANY NPBN SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT (I) NPBN SHALL NOT BE LIABLE FOR USER SUBMISSIONS AND/OR USER COMMENTS AND/OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND (II) THAT THE RISK OF HARM OR DAMAGE FROM WHAT IS SET FORTH IN (I) ABOVE RESTS ENTIRELY WITH YOU.

11. Indemnity

You agree to defend, indemnify and hold harmless NPBN, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(I) Your use of and access to any NPBN Services;

(II) Your violation of any term of this TOU;

(III) Your violation of any third party right, including without limitation any copyright, property, or privacy right;

(IV) Any claim that one or more of your submissions of UGC caused damage to a third party; and/or

(V) Any claim that one or more submissions of UGC caused damage to you, your family, friends, relatives or other third parties (including legal entities).

This defense and indemnification obligation will survive the termination of this TOU and your use of any NPBN Services.

12. Minimum Age & Your Ability to Accept this TOU

The minimum age for the use of the NPBN Services is 13 years old. However, if you are between the ages of 13 and 18, then to agree to this TOU (and use the NPBN Services) you need to have legal (such as a guardian) or parental approval or you must be what is known as an "emancipated minor" (which means that you have the approval under law to make your own decisions even though you are a minor). You acknowledge that you are either 18 years old or older or you meet one of the conditions described in the sentence above if you are between 13 and 18. In either case, you also acknowledge that you are fully able and competent to enter into and comply with this TOU.

13. Written Approval & Amendments

In several sections of this TOU, we have referred to written approval from NPBN for certain variations in some of the terms of this TOU. That written approval can be in the form of an email to you but it must be from an authorized representative of NPBN, which means one of the members of senior management of NPBN or the person or persons expressly authorized by them to act in this capacity. For example, a customer service representative would not be authorized to provide such written approval. In addition, that approval must expressly identify that this TOU is being adjusted and which particular provision or provisions is or are being changed. Any other modifications-such as an amendment-shall be valid only if posted by NPBN and specifically amending, replacing or modifying this TOU. That right is specified in Section 1(b) above.

14. Term & Termination. Unless terminated early (as described below) this TOU shall continue in effect until such time as your account is terminated (if you have an account), NPBN (or its successor) ceases to offer the NPBN Services or wishes to terminate this TOU; or UGC or User Works are no longer available via the NPBN Services (including syndication). NPBN in its sole discretion may terminate this TOU in relation to your use of the NPBN Services if in its sole discretion your continued use of the NPBN Services would be a detrimental to NPBN.

15. Attorneys Fees.

16. General Terms

In addition to the terms above, this TOU also includes the following provisions relating to the legal interpretation and enforcement of this TOU. Specifically, you agree that:

1. The NPBN Services shall be deemed solely based in California;

2. The NPBN Website shall be deemed a passive website that does not give rise to personal jurisdiction over NPBN, either specific or general, in jurisdictions other than California,

3. These Terms of Service shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles,

4. Any claim or dispute between you and NPBN that arises in whole or in part from your use of any NPBN Services shall be decided exclusively by a court of competent jurisdiction located in California and you consent to the exclusive jurisdiction of such court, with the exception of claims objecting to a "takedown" as specified in Section 8(b) above, which includes your consent to jurisdiction of another court under specified circumstances;

5. This TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NPBN without restriction;

6. This TOU (which, remember, includes other documents incorporated by reference such as the privacy policy, at http://www.npbn.com/privacypolicy.aspxpolicy.aspx) shall constitute the entire agreement between NPBN with reference to the NPBN Services, unless NPBN and you enter into a written agreement, executed by authorized persons, as to other matters (e.g., User Submissions);

7. If any provision of this TOU is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect,

8. No waiver of any term of this TOU shall be deemed a further or continuing waiver of such term or any other term, and NPBN's failure to assert any right or provision under this TOU shall not constitute a waiver of such right or provision.

9. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

10. This TOU (and those versions that replace it by NPBN posting them) continues in effect until NPBN determines otherwise or NPBN elects to terminate or alter NPBN Services, with such termination or alteration requiring termination of this TOU.

11. NPBN makes no representations that the NPBN Services are appropriate or available for use in other countries outside of the United States. If you access any NPBN Services from such locations jurisdictions you are choosing to do so at your risk. You are solely responsible for compliance with the laws of the jurisdiction from which you obtain such access.

12. You agree that the remedy at law for any breach or threatened breach of this Agreement by you would, by its nature, be inadequate, and that in such case NPBN will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained.

13. YOU AND NPBN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NPBN SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

End of Agreement