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Terms of Use
Last Modified: August 31, 2009

IMPORTANT: THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RENEWYEAR.COM (“RENEW YEAR” OR “WE”) GOVERNING YOUR PARTICIPATION IN AND USE OF THE RENEWYEAR.COM WEB SITE (THE “SITE”).   PLEASE READ THIS AGREEMENT CAREFULLY.  AMONG OTHER PROVISIONS, IT INCLUDES IMPORTANT INDEMNITY OBLIGATIONS, DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY.

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THE SITE AND THESE TERMS OF USE AT ANY TIME. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH MODIFICATION AND NOTIFICATION THEREOF SHALL CONSTITUTE YOUR CONSENT TO SUCH MODIFICATION. WE SHALL PROVIDE NOTIFICATION OF CHANGES IN THESE TERMS BY UPDATING THE LAST MODIFIED DATE SET FORTH ABOVE.

1. Permitted Use of Site. The Site is intended to assist you in fulfilling the mandate, during the ten days between Rosh Hashanah and Yom Kippur, to reflect on where you're at, where you've come from, and where you're heading. During each of the ten days, a new question will be posted on the Site. If you register on the Site, you will be permitted to submit answers to the questions (the “Answers”). The questions and Answers will be sent back to you by us next year before Rosh Hashanah, at which point the process will begin all over again. You must be over the age of 13 to use the Site. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Site or the processes or technology described therein. All such rights are retained by us and/or any third party owner of such rights.

With the input of each Answer, we will ask you to make the following elections (the “Elections”): (a) whether you consent to our publishing the Answers and (b) if so, whether you consent to the publication of the Answers anonymously or accompanied by your name. If you decline to consent to publication of the Answers, the Answers will not be provided to third parties, except as otherwise permitted under our Privacy Policy. Otherwise, consistent with your Elections, we may publish the Answers either online, in print or in any other media format now known or hereafter devised. We may also publish the Answers with your city, year of birth, gender and religion for context. Without limiting the generality of the foregoing, and regardless of your elections, by submitting the Answers you are giving us full ownership of and the copyright in the Answers. We will be able to use the Answers consistent with your Elections, this Terms of Use, our Privacy Policy and applicable law. You acknowledge that you will have no right to any compensation for the publication of the Answers.

It may also be possible, in the future, to submit comments regarding the Site or responses to other people’s Answers (collectively the “Comments”). By submitting the Comments you are giving us full ownership of and the copyright in the Comments to use in any manner we see fit, consistent with this Terms of Use, our Privacy Policy and applicable, again, without any obligation to compensate you. Comments may not be submitted anonymously and, if posted, will be posted with your name. The Answers and the Comments shall be collectively referred to as the “Submitted Content.”

2. The Submitted Content. By submitting the Submitted Content to the Site, you represent and warrant that you own the content therein and or otherwise have the right to confer ownership in the Submitted Content as provided herein. You also represent and warrant that the Submitted Content or the publicationthereof do not and will not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your submission of the Submitted Content and our publication thereof. We will, if possible, remove all Submitted Content from the Site if we are properly notified that such Submitted Content infringes on another person's rights.

The Submitted Content maynot include any content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to us (in our sole discretion), or (ii) links to infringing or unauthorized content.

We reserve the right to remove any Submitted Content at any time for any reason or no reason.

3. Notice and Procedure for Claims of Copyright Infringement. If you believe that the Submitted Content or other material providedon the Site, including through a link, infringes your copyright, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement which we receive and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our Copyright Agent at dmca@renewyear.com(subject line: "DMCA Takedown Request").

You may also contact us by mail or facsimile at:


Attention: Copyright Agent
Renewyear.com
44 West 28th St. 8th fl, NY, NY, 10001
Fax: 212-905-7710

To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable us to identify and locate the material; (d) how we can contact you, such as your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to dmca@renewyear.comfor purposes other than communication about copyright infringement may not be answered.

4. Privacy Policy. Use of the Site is also subject to our Privacy Policy.

5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO $50.

6. Indemnification. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms of Use.

7. Inquiries/Violations. Any questions or comments and reports of violations of these Terms of Use should be directed to 10qsupport@renewyear.com.

8. Miscellaneous. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws, and the exclusive jurisdiction and venue for any dispute shall be the state or federal courts located in the County of Los Angeles, State of California. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms of Use. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by you and us. We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use.