E-mail Newsletter Subscriptions
To subscribe to our e-mail newsletters, you will need to provide your e-mail address. You may also be asked for other information when you subscribe.
Special Promotions and Purchases
To participate in some Services such as sweepstakes, contests and surveys ("Special Promotions"), or to make online purchases ("Purchases"), you will need to provide personally identifiable information, such as name, mailing address, e-mail address, phone number, and date of birth. Your information may be collected by NWN or by a third party, such as a co-sponsor or a vendor involved in, or providing services in connection with, a Special Promotion, or an e-commerce partner in the case of a Purchase.
If you make a Purchase or enter a sweepstakes or other Special Promotion on one of our sites or through our Services, NWN will collect your personally identifiable information, and you are deemed to consent to us providing your information to third parties who provide certain services such as processing of credit card transactions, customer service, promotion or sweepstakes administration, order fulfillment and/or prize delivery, as applicable. (As more fully described below in Use, Disclosure, and Sharing of Information - Personally Identifiable Information, these third parties are prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of our customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their privacy policies.)
If you make a purchase or enter a promotion (such as a sweepstakes) in which NWN is participating on a third party's Web site (or through some other means or medium), we will collect your information from the third party only if you opt-in to receive additional communications from us, or we are required to fulfill some function in relation to your activity (e.g., to send your order or deliver a prize).
Information Collected by Other Means or Media
In some situations, we may also collect personally identifiable information and other information about you through other means, directly or indirectly. For example, if you access any NWN content, or purchase such content via your wireless carrier or through another third party, NWN may collect information directly from you or through the third party. Likewise, if you use our software, or provide information to other companies who share information about their customers, we may collect additional information about you. In each of these cases, NWN will apply this policy to any personally identifiable information. It is a strict policy of NWN and its subsidiaries to not sell any of our subscribers information to third parties.
Cookies and Related Technology
NWN Web sites, and some Services and advertisements may contain "cookies," clear gifs (also known as web Deacons or web bugs), or similar technology. A cookie is a piece of data that is sent to your Internet browser, which will store the cookie on your computer if your browser is enabled to accept cookies. Web beacons assist in the delivery of cookies and the collection of non-personally identifiable information, such as "click path" and other data as described above.
Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage your cookies. Please note, however, that if you block cookies, some portions of the NWN Web sites and Services may not function properly.
These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here.
Special Notice Regarding Children Under 13
NWN recognizes the sensitivity of personally identifiable information concerning children under the age of 13 and therefore provides this special notice. NWN is committed to complying with all applicable laws and regulations regarding children, including the Children's Online Privacy Protection Act ("COPPA"). Except in limited circumstances allowed by COPPA, NWN will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13 without first obtaining consent from that child's parent or legal guardian.
If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, NWN will make reasonable efforts to remove the information from its active list, at your request. To request the removal of your child's information, please send an e-mail to NWNPrivacy@NWN.tv and be sure to include in your message the same User Name and password and/or e-mail address that your child submitted.
NWN encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the NWN Web sites and the Internet generally.
Use, Disclosure, and Sharing of Information
Non-Personally Identifiable Information
From time to time, NWN may use and share with third parties aggregate, non-personally Identifiable user information to show general demographic and preference information among users of the NWN Web sites.
Personally Identifiable Information
NWN uses information about you to deliver the Services that you request, to keep you informed about changes affecting our Services or your account, to inform you of other Services or offers, in which you might be interested, and to improve and enhance our sites and Services. If you provide NWN with personally identifiable information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.
If you opt in to receive e-mail from us, you can always opt out of future marketing messages by following the directions in each message to "unsubscribe." However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as applicable.
In connection with those Services, you are deemed to consent to us sharing your information with third parties who provide services such as processing of credit card transactions, customer service, promotion administration, order fulfillment and/or prize delivery, as applicable. Third parties who provide, or participate in, Services on NWN sites are prohibited from using our customers' personally identifiable information for marketing purposes and/or from sharing, setting, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties.
Our Commitment to Data Security
While NWN takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Web sites, Services, and customer databases, no Web site, Internet transmission, computer system, or wireless connection is completely secure. Consequently, NWN cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur. Your use of the NWN sites and Services is at your own risk. NWN urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your Web browser.
Whenever you give NWN sensitive or confidential information (for example, credit card numbers for Purchases), NWN will take commercially reasonable steps to protect the information by establishing a secure connection with your Web browser. NWN employs a security technology known as a secure-socket-layer ("SSL") to protect the transmission of payment information to the site during secured transactions. Unless otherwise specified herein or on the site where you make a Purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes.
Hyperlinks To and from Other Sites
NWN sites may frame, and/or contain links to, or advertisements about, non-NWN Web sites. Other sites may also reference, advertise, or link to NWN sites. NWN does not endorse or sponsor other Web sites, is not responsible for the privacy practices or the content of non-NWN sites, expressly disclaims any statements or assertions made on such Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.
Notification of Changes
For purposes of the TOS, the following defined terms shall have these meanings: (A) "Service(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) "Site" shall mean this site; (C) "Site Content" shall mean any and all human readable patent audio and/or visual elements of this Site, created or owned by NWN, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, information, and other content made available through the Site; (D) "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) "User Account" means any account created by you, through a registration process for the purpose of accessing or using certain Services.
LICENSE TO USE THE SITE
NWN grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS or by law.
CHANGES TO SITE AND/OR TERMS OF SERVICE
OWNERSHIP OF TRADEMARKS. COPYRIGHTS. INTELLECTUAL PROPERTY
The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to NWN and are owned by NWN and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by NWN, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use").
Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of NWN and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties.
From time to time, and at its sole discretion, NWN may make available to users certain software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by NWN or NWN - approved third party software provider ("Third Party Provider"). NWN does not transfer title to the Software to you. You own the medium on which the Software is recorded, but NWN and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, is assemble, or otherwise reduce the Software to a human-perceivable form. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
In addition, you warrant that your Submissions do not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that, in no event, shall NWN's total liability exceed Five Hundred dollars ($500.00).
You agree to indemnify NWN for any and all claims, damages, losses, and causes of action arising as a result of your Submissions or your failure to comply with the TOS. NWN does not and cannot review all Submissions and is not responsible for the content or substance of these Submissions. However, NWN reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person's rights of privacy or publicity, or otherwise unacceptable.
REGISTRATION AND ACCEPTANCE OF TERMS
In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at NWN's sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.
NWN sites may frame, and/or contain links to or advertisements about, non- NWN Web sites. Other sites may also reference, advertise, or link to NWN sites. NWN does not endorse or sponsor other Web sites and is not responsible for the content of such sites. NWN expressly disclaims any statements or assertions made on non-NWN Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.
By this notice, NWN seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.
GOVERNING LAW: ARBITRATION
These Terms of Service shall be construed and enforced in accordance with the laws of the State of California without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single neutral arbitrator ("Arbitrator"). The Arbitrator shall be an attorney or retired judge with at least ten (10) years experience in the software industry and shall be mutually agreed upon by you and NWN (collectively, the "parties"). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The parties shall be entitled to conduct discovery in accordance with Section 1283.05 of the California Code of Civil Procedure, provided that (a) the Arbitrator must authorize such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances, and (b) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. There shall be a record of the proceedings at the arbitration hearing and the Arbitrator shall issue a Statement of Decision setting forth the factual and legal basis for the Arbitrator's decision. If neither party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the California Superior Court, which may be made ex parte, for confirmation and enforcement of the award.
If either party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the award of the Arbitrator shall be appealed to three (3) neutral arbitrators (the "Appellate Arbitrators"), each of whom shall have the same qualifications and be selected through the same procedure as the Arbitrator. The appealing party shall file its appellate brief within thirty (30) days after its written notice requesting the appeal and the other party shall file its brief within thirty (30) days thereafter. The Appellate Arbitrators shall thereupon review the decision of the Arbitrator applying the same standards of review and all of the same presumptions as if the Appellate Arbitrators were a California Court of Appeals reviewing a judgment of the California Superior Court, except that the Appellate Arbitrators shall in all cases issue a final award and shall not remand the matter to the Arbitrator. The decision of the Appellate Arbitrators shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the California Superior Court, which may be made ex parte, for confirmation and enforcement of the award. The party appealing the decision of the Arbitrator shall pay all costs and expenses of the appeal, including the fees of the Appellate Arbitrators and the reasonable outside attorneys' fees of the opposing party, unless the decision of the Arbitrator is reversed, in which event the expenses of the appeal shall be borne as determined by the Appellate Arbitrators. The Arbitrator shall have the power to enter temporary restraining orders, preliminary and permanent injunctions.
Prior to the appointment of the Arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief in a court of competent jurisdiction in Los Angeles County, California without thereby waiving its right to arbitration of the dispute or controversy under this section. All arbitration proceedings (including proceedings before the Appellate Arbitrators) shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The provisions of this paragraph shall supersede any inconsistent provisions of any prior agreement between the parties.
Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITHRESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENTINDUCEMENT THEREOF.
If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, rules and regulations in connection with your activities under this TOS, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Site Content, Site Code, and the Software are not exported in violation of the United States laws.