Southland.mobi Registration

Terms of Use
The following are the rules that govern the use of the free mobile directory at www.southland.mobi ("Southland" or "Website") and the services that are offered at the Website.  Southland is owned by NuMedia Concepts, LLC ("NuMedia").

By using the Website, you agree to be bound by these Terms of Use (the "TOU"), including but not limited to the Privacy Policy and other usage guidelines and rules that may be posted from time to time, all of which are incorporated herein by reference, and to follow the TOU and all applicable laws and regulations governing the Website.  If you do not agree, do not enter or use the Website. 

NuMedia may update the TOU from time to time. You are responsible for checking this page periodically for changes and updates to the TOU. Your use of the Website following any posted change(s) to the TOU will be deemed an acceptance of such change(s). 

In addition, when using the Website, you shall be subject to any posted guidelines or rules, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. 

This Website is not intended for use by persons under the age of eighteen. Individuals who are under eighteen are expressly prohibited from using this Website.

Please direct any questions you may have about the TOU, or any other legal matters, to the following e-mail address: support@southland.mobi.

1. NuMedia's Proprietary Rights and Permitted Use

The Website, including without limitation any content, software and services offered thereon, are the property of NuMedia and/or its suppliers.  It is protected by the copyright and/or other intellectual property laws of the United States and internationally. You are hereby authorized solely to view and to retain a copy of pages of this Website for your own personal use. Do not duplicate, publish, modify, or otherwise distribute the material on this Website unless specifically authorized in writing by NuMedia to do so.  Legal notices and various other acknowledgements and credits are posted on pages of the Website.  Do not remove these legal notices or other acknowledgements or credits, or any related information, contained on pages of the Website.

You hereby acknowledge and agree that, as between NuMedia and you, all rights, titles, and interest in and to the Website and the provisions thereof, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by NuMedia and/or its suppliers.  Except as expressly authorized by NuMedia herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, distribute, or create derivative works of the Website, in whole or in part. You agree not to access the Website by any means other than through the interface that is provided by NuMedia for use in accessing the Website.

2. User Contributions to the Website

NuMedia provides users with the opportunity to contribute to the Website. You understand that all information, data, text, links, telephone numbers, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on Southland (collectively, the "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content.  This means that you, and not NuMedia, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Website. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Website. 

NuMedia does not control or pre-screen the User Content posted via the Website or sent to another user and, as such, does not guarantee the accuracy, integrity, appropriateness, quality, or merchantability of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of NuMedia and under no circumstances will NuMedia be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Website. 

Users can be held liable for any illegal or prohibited User Content they provide to the Website or to other users, including, for example, infringing, defamatory, or offensive materials. So that Southland is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through the Website User Content that: 

a) Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious; 
b) Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation; 
c) Is or could be harmful to minors; 
d) Harasses or advocates harassment of another person; 
e) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing (or "spamming"); 
f) Promotes information that you know is false, misleading, or promotes illegal activities or conduct; 
g) Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices; 
h) Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party; 
i) Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page); 
j) Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; 
k) Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses; 
l) Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by NuMedia or any other party; 
m) Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or 
n) Otherwise violates any local, state, national or other applicable law or regulation. 

In addition, you may not, in connection with your use of the Website:
a) Impersonate any person or entity, including a NuMedia officer or employee, or falsely misrepresent your affiliation with any other person or entity; 
b) Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted through or on the Website; 
c) Post or transmit any User Content that you do not have the right to post or transmit; 
d) Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities; 
e) Disrupt the ordinary flow and operation of any portion of the Website; 
f) Interfere with or disrupt the Website or any server or network involved with the operation of the Website; 
g) Stalk or harass any other person; or 
h) Collect or "harvest" from the Website the names of other users for the purpose of transmitting to those other users unsolicited commercial messages. 

If you discover this kind of material or activity on the Website, please notify us at abuse@southland.mobi. 

3. License To User Content

With respect to User Content you elect to post or transmit for inclusion in or on the Website, you grant NuMedia and its affiliates and partners the perpetual, world-wide, royalty free, non-exclusive, sub-licensable license as follows: to use, reproduce, translate, alter, perform, display, modify, adapt, and publish such User Content, in whole or in part, in all present and future media and in any manner relating to the Website (including without limitation in connection with the appearance of such User Content on Southland and on the Websites of our affiliates, partners and others with whom NuMedia may have business relationships relating to the Website) and the distribution and promotion of the Website. You further agree that NuMedia is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.

Without limitation of any of the rights granted to NuMedia herein, you acknowledge and agree that NuMedia may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: a) comply with legal process; b) enforce the TOU; c) respond to claims that any User Content violates the rights of third-parties; or d) protect the rights, property, or personal safety of NuMedia, its users, and the public.

4. Indemnity

You agree to indemnify and hold harmless NuMedia, its subsidiaries, affiliates, officers, agents, co-branders, and other partners and employees from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Website, your use of the Website, including your use of the Website to provide a link to another Website or to upload content or other information to the Website, or your violation of the TOU or any applicable laws or the rights of another.

5. Links and Search Results

The Website may provide links and automatically produce search results, or third parties may provide information, that reference or link to other World Wide Web websites or resources.  NuMedia has no control over such websites and resources, and you acknowledge and agree that NuMedia is not responsible for the content or information contained therein. NuMedia cannot and does not guarantee, represent, or warrant that the content or information contained in such third-party websites is accurate, legal and/or inoffensive.  NuMedia does not endorse the content or information of any third-party website or resource, and further does not warrant that such websites or resources will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another website, you agree and understand that NuMedia shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of, or reliance on, the Website to obtain search results and/or to link to another website.  However, if you have a problem with a link from the Website, please let us know at support@southland.mobi. 

6. No Resale of Website

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website, without the express, prior written consent of NuMedia in each instance.

7. Modifications to Website

NuMedia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.  You agree that NuMedia shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

8. Suspension and/or Termination Rights

NuMedia reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the TOU, your registration for any program, your ability to access the Website, your ability to utilize any email services that may be offered on the Website, and/or to remove any User Content, for any reason, including without limitation any breach by you of the TOU or conduct by you that NuMedia determines to be inappropriate. You agree that NuMedia shall not be liable to you or any third-party for any suspension or termination pursuant to this provision. 

9. Copyright Policy

NuMedia understands and respects the importance of intellectual property, and we ask our users to do the same. 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
 
- a physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
- a specific description of the copyrighted work that you claim has been infringed; 
- a specific description of where the material that you claim is infringing is located on our Website; 
- your address, telephone number, and email address; 
- a written 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; 
- a written statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

NuMedia will only accept a signed, written notice of the claimed infringement which includes all the information requested above. 
NuMedia may be reached as follows:
 
Raymond Marshall
NuMedia Concepts, LLC
2625 Alcatraz Ave., #306
Berkeley, CA 94705

Phone: (510) 435-0333

10. Your Registration Obligations

In consideration of your use of Southland, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration process (such information being the User Information, Business Profile, and any other information requested of you during the registration process "Registration Data"); and b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or NuMedia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NuMedia has the right to suspend, terminate, or refuse any and all current or future use of the Website (or any portion thereof).

11. Privacy Policy

We believe that your privacy and the privacy of all of our users is important.  Please review our Privacy Policy, to which you hereby agree.  In the event you are requested to register on the Website, you may be given an opportunity to "opt in" to receive mailings from NuMedia and/or its partners by "checking" on a box in the registration form.  If you submit a registration form with the box checked, you thereby consent to being placed on this mailing list.  You may subsequently contact us to request to be removed from this list.  (For purposes of the TOU, "partners" includes, in addition to third parties with whom NuMedia may have co-branding arrangements or some other business relationship or alliance.)

12. Back-Up

NuMedia is not liable for any lost data resulting from the operation of our Website and/or the enforcement of the TOU (including without limitation content from any e-mail account that may be hosted by NuMedia), and is not obligated to maintain back-up copies of any contributed User Content or e-mail messages. We recommend that you retain a copy of all User Content that you post or distribute to, or through, the Website. 

You understand and agree that NuMedia may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. 

13. Password and Security

You will provide a username and password during the Website's registration process. You are responsible for maintaining the confidentiality of your username or password, and are fully responsible for all activities that occur under your username or password. You agree to: a) immediately notify NuMedia of any unauthorized use of your username or password or any other breach of security, and b) ensure that you exit from your account at the end of each session.  NuMedia cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Without limitation to the generality of the foregoing, due to the nature of the Internet, computers, data flow, and other technical and economical practicalities, the Website, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured.  By using the Website and the Internet in general, you may be subject to various risks, including, among others, eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful.  Information (including Registration Data, usernames, passwords and User Content) received or delivered or intended to be made available on and through the Website may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Website is not different than other applications in this respect. Without limitation of the foregoing, although we take seriously the security of all member accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we cannot guarantee that your account will be free from unauthorized access by third parties.

14. U.S. Export Controls

NuMedia encourages users from around the Los Angeles Metropolitan Area (also known as the Southland) to use the Website. However, if you choose to use the Website, you understand, acknowledge and agree that your use of the Website is governed by the TOU and the laws and regulations of the United States regarding online conduct and acceptable content.  If you use the Website in a jurisdiction that prohibits or restricts the use of Southland, you agree that your use of the Website will be at your own risk, without limitation of any other provision of the TOU, and that NuMedia shall not have any liability with respect to such use.  Software from this Website is subject to United States export controls.  No software from this Website may be downloaded or otherwise exported or re-exported: i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.  By downloading or using any Software that may be available, 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. 

15. Disclaimer of Warranties

You expressly understand and agree that:

a) Your use of Southland is at your sole risk. The Website, and its content, are delivered on an "as is" and "as available" basis. NuMedia expressly disclaims all warranties or representations of any kind, whether express or implied, including, but not limited to, the implied warranties or representations of merchantability, fitness for a particular purpose, or non-infringement.  NuMedia makes no warranty or representation that the Website or any related services, such as email, links, or searches offered on the Website will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Website or any content, search or link therein.  NuMedia further cannot ensure that files you download from the Website will be free of viruses, Trojan horses, bugs, contamination, or destructive features. 

Any material viewed, downloaded, or otherwise obtained through the use of the Website is done solely at your own discretion and risk, and NuMedia will not be liable for any damages of any kind arising from the use of the Website, including, without limitation, direct, indirect, incidental, punitive, or consequential damages. 

No advice or information, whether oral or written, obtained by you from NuMedia or through or from the Website shall create any warranty or representation not expressly stated in the TOU. Any data or information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither NuMedia nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. 

16. Limitation of Liability

You expressly understand and agree that NuMedia shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NuMedia has been advised of the possibility of such damages), resulting from: i) the use or the inability to use the Website; ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; iii) unauthorized access to or alteration of your transmissions or data; iv) statements or conduct of any third party on the Website; or v) any other matter relating to the Website or the content thereon, including without limitation any user content posted thereon.  In no event will NuMedia be liable for any damages in excess of one hundred United States dollars ($100.00).

17. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or representations or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

18. Miscellaneous

The TOU constitutes the entire agreement between you and NuMedia and governs your use of the Website, superseding any prior agreements between you and NuMedia. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. 

You agree that the TOU and the relationship between you and NuMedia shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts of the State of California, County of Alameda. The failure of NuMedia to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. 

If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.
I understand and accept the terms of use.