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NuestroPoder.com Terms of Use Agreement
Read These Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on December 6, 2007.
NuestroPoder.com is a social networking service that connects people through networks of friends for communicating, sharing, and making new friends in an online community.
By using the NuestroPoder.com Website ("the Website") you agree to be bound by these Terms of Service (the "Agreement"). In addition, if you wish to become a NuestroPoder.com Member (a "Member"), communicate with other Members, and utilize the NuestroPoder.com Service (the "Service"), you must read this Agreement and indicate your acceptance of its terms during the Registration Process.
This Agreement sets forth the standards of use of the NuestroPoder.com Website for "Members" (Users who have registered on NuestroPoder.com) and "Visitors" (Users who simply browse the NuestroPoder.com website). The term "User" refers to a Visitors or Member. You are only authorized to use the NuestroPoder.com website (regardless of whether your use was intended or not) if you (the "User") agree to all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the NuestroPoder.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Please choose wisely and carefully the information you post on NuestroPoder.com and provide to other Users. Your NuestroPoder.com website profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this rule, information provided by uncooperative NuestroPoder.com Members (example: in their profiles) may contain inaccurate, inappropriate, offensive, and/or sexually explicit material, products or services, and NuestroPoder.com assumes no responsibility or liability for this material. If you see misuse of the NuestroPoder.com Service, please click the link on every Website profile labeled ‘Flag for Review′ or Contact Us.
NuestroPoder.com reserves the right at it sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the NuestroPoder.com Service, without prior notice, and without liability. NuestroPoder.com reserves the right to remove your website profile and/or restrict, suspend, or terminate your access to any part of the Website or Service if NuestroPoder.com determines, in its sole discretion, that you pose a threat to the NuestroPoder.com Website and/or its Community Members.
1. Eligibility.
Use of the NuestroPoder.com Website is restricted to Users who are 18 Years old or older. By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the NuestroPoder.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age. Use of and Membership in the NuestroPoder.com Website is void where prohibited.
2. Term.
This Agreement will remain in full force and effect while you use the NuestroPoder.com Services and/or are a Member. You may terminate your Membership at any time for any reason by utilizing the "Cancel Account" button that can be found on the Member′s Account Settings page. NuestroPoder.com may terminate your Membership at any time, for any reason, without warning. Even after your Membership is terminated, this Agreement will remain in effect, including sections 5-21.
3. Fees.
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At the present time, Membership on the NuestroPoder.com Website Service is free. NuestroPoder.com reserves the right to charge for the NuestroPoder.com Service and to change its fees at any time in its sole discretion. If NuestroPoder.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. If NuestoPoder.com chooses to discontinue its service and you have prepaid for future service, you are only entitled to the prorated subscription amount left on the term of your subscription.
4. Member Password.
All Members of the NuestroPoder.com Service shall choose a password when registering as a Member. Members are entirely responsible for maintaining the confidentiality of their password. As a Member, you agree not to disclose your password to any third party. You agree to not to use the account, username, or password of another Member at any time. You agree to notify NuestroPoder.com immediately of any suspected unauthorized use of your account or access to your password. You are solely responsible for any and all use of your Membership account.
5. Non Commercial User by Members.
The NuestroPoder.com Website and Service are for the personal use of individual Members only. You may not use the Website or the Service in connection with any commercial endeavors except those who are specifically endorsed or approved by NuestroPoder.com. Illegal and/or unauthorized uses of the Website, including collecting usernames, email addresses or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited mail or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and/or any other forms of solicitation may be removed from Member Website Profiles without notice and may result in termination of Membership privileges. Appropriate legal action, including, without limitation, civil, criminal and injunctive redress, will be taken for any illegal or unauthorized use of the NuestroPoder.com Website and Service.
6. Proprietary Rights in Content.
a. NuestroPoder.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other data, information, or materials (collectively, "Content") that you post to the NuestroPoder.com Website. By publishing, displaying, or uploading (collectively, "Posting") your Content on or to the Website (including to or on your Website Profile), you automatically grant, and you represent and warrant that you have the right to grant, to NuestroPoder.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the NuestroPoder.com Website and Service.
Without this license, NuestroPoder.com would not be able to provide the NuestroPoder.com Service. For example, without the right to modify Member Content, NuestroPoder.com would not be able to format Content to satisfy technical requirements or digitally compress music files that Members submit. Without the right to publicly perform Member Content, NuestroPoder.com could not allow Users to listen to music posted by Members. The license you grant to NuestroPoder.com is non-exclusive, fully-paid and royalty-free, sublicensable, and worldwide. This license will terminate at the time you remove your Content from the NuestroPoder.com Website Service. The license does not grant NuestroPoder.com the right to sell your Content, nor does the license grant NuestroPoder.com the right to distribute your Content outside of the NuestroPoder.com Service.
b. You represent and warrant that you own the Content posted by you on or through the NuestroPoder.com Service or otherwise have the right to grant the license set forth in this section. You represent and warrant that the posting of your Content on or through the NuestroPoder.com Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the NuestroPoder.com Service.
c. The NuestroPoder.com Service contains Content of NuestroPoder.com (NuestroPoder.com Content). NuestroPoder.com Content is protected by copyright, trademark, patent, trade secret, and other laws, and NuestroPoder.com owns and retains all rights in the NuestroPoder.com Content and the NuestroPoder.com Service. NuestroPoder.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the NuestroPoder.com Content (excluding any software code) solely for your personal use in connection with viewing the NuestroPoder.com Website and using the NuestroPoder.com Service.
d. The NuestroPoder.com Service contains Content of Users and other NuestroPoder.com licensors. You many not copy, modify, translate, publish, transmit, broadcast, perform, distribute, display, or sell any Content appearing on or through the NuestroPoder.com Service (except for Content owned and posted by you).
7. Content Posted by You.
a. NuestroPoder.com assumes no responsibility for monitoring the NuestroPoder.com Service for inappropriate Content or conduct. If at any time NuestroPoder.com chooses, in its sole discretion, to monitor the NuestroPoder.com Service, NuestroPoder.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. However, NuestroPoder.com may delete any Content that in the sole judgment of NuestroPoder.com violates this Agreement or which may be illegal, offensive, or violate the rights, harm, or threaten the safety of any person.
b. You are solely responsible for the Content that you post on or through the NuestroPoder.com Service, and any material or information that is transmitted by you to other Members and for your interactions with other Users. NuestroPoder.com does not endorse and has no control over the Content posted. Content is not necessarily reviewed by NuestroPoder.com prior to posting and does not necessarily reflect the policies or opinions of NuestroPoder.com. NuestroPoder.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any other information or material that is transmitted by you to other Members.
8. Prohibited Content/Activity.
The following is a partial list of the kinds of Content/Activities that are illegal and/or prohibited to Post on or through the NuestroPoder.com Website or Service. NuestroPoder.com reserves the right, at its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision.
Prohibited Content includes but is not limited to Content that, in our sole judgment:
- Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Harasses or advocates harassment of another person.
- Provides telephone numbers, street addresses, last names, URLs, or email addresses.
- Contains nudity, violence, or offensive subject matter or contains a link to an adult website.
- Displays pornographic or sexually explicit material of any kind.
- Involves the transmission of "spam" "junk mail", "chain letters" or any other unsolicited mass mailing, emailing, or other communication.
- Includes any information that you know if false and misleading; promotes illegal activities or conduct that is abusive; or is threatening, obscene, defamatory, or libelous.
- Furthers or provides any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone′s privacy, or creating computer viruses.
- Solicits passwords or personally-identifying information for commercial or unlawful purposes from other Members.
- Constitutes or includes any sales, or other commercial activities without prior written consent such as sweepstakes, contests, barter, advertising, or pyramid schemes.
- Promotes an illegal or unauthorized copy of another person′s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
Even though the above Content listed is strictly prohibited, there is a chance you may be exposed to such items while using the Website or the Service. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers, agents, or corporate partners will in any way be responsible or liable for any damages incurred or suffered by any party or caused by any party arising out of or related to such exposure.
9. Copyright and Trademark Protection.
You may not Post, reproduce, or distribute in any way any copyrighted material, trademarks or service marks or other proprietary information owned by others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and Posted on NuestroPoder.com without your permission or in any other way that infringes upon your rights as the Proprietary owner, please Contact Us.
10. Member Disputes.
You are solely responsible for your interactions with other NuestroPoder.com Members. NuestroPoder.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Disclaimers.
a. NuestroPoder.com is not responsible for any incorrect or inaccurate Content Posted on the Website or in connection with the NuestroPoder.com Service, whether made or caused by Users of the Website, our advertisers, corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the NuestroPoder.com Service.
b. Member-Posted Content or website profiles that are created and posted by Members on the NuestroPoder.com Website may contain links to other websites. NuestroPoder.com is not responsible for the Content, accuracy, or opinions expressed on such websites, and such websites are in no way investigated, monitored, or checked for accuracy or completeness by NuestroPoder.com. Inclusion of any linked website on the NuestroPoder.com Service does not imply approval or endorsement of the linked website by NuestroPoder.com. Accessing third-party sites is at your own risk. NuestroPoder.com assumes no responsibility for third-party advertisements which are posted on the NuestroPoder.com Website or through its Service, nor does it accept any responsibility for the goods or services provided by its advertisers.
c. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE NUESTROPODER.COM WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE′S USE OF THE WEBSITE OR THE SERVICE, ATTENDANCE AT A NUESTROPODER.COM EVENT, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
d. NuestroPoder.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, a User or Member communication. NuestroPoder.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on an of the NuestroPoder.com Services or combination thereof, including any injury or damage to Users or to any person′s computer related to or resulting from participation or downloading materials in connection with the NuestroPoder.com Service. The Website and the Service are provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. NuestroPoder.com cannot guarantee and does not promise any specific results from use of the NuestroPoder.com Service. No advice or information, whether oral or written, obtained by you from us or from or through the Website or the Service shall create any warranty not expressly stated herein.
12. Privacy.
Use of the NuestroPoder.com Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
13. Disclaimers.
The site is provided by NuestroPoder.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, NuestroPoder.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. NuestroPoder.com shall have no liability for any interruptions in the use of this Website. NuestroPoder.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
14. Limitation on Liability.
IN NO EVENT SHALL NUESTROPODER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR NUESTROPODER.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO USE OF THE NUESTROPODER.COM WEBSITE OR SERVICES OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF NUESTROPODER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NUESTROPODER.COM′S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NUESTROPODER.COM FOR THE NUESTROPODER.COM SERVICE DURING THE TERM OF MEMBERSHIP.
15. Indemnity.
You agree to indemnify and hold NuestroPoder.com its parents, subsidiaries, affiliates, officers and employees, agents, and other partners harmless from any loss, liability, claim or demand, including reasonable attorneys′ fees and costs, made by any third party due to or arising out of or relating to: (a) Member′s use of the Website or Service (including the Posting of any Content on the Website by you), in violation of this Agreement, (b) any other breach of this Agreement by you and/or (c) any breach of your representation and warranties set forth above.
16. Modifications and Interruption to Service.
NuestroPoder.com reserves the right to modify or discontinue the Service with or without notice to the Member. NuestroPoder.com shall not be liable to Member or any third party should NuestroPoder.com exercise its right to modify or discontinue the Service. Member acknowledges and assumes that NuestroPoder.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
17. Third-Party Sites
a. Our Website may include links to other sites on the Internet or that are owned and operated by online merchants, service providers, and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Use and Privacy Policies of each site, and we are not responsible therein. We encourage all Members to review said Terms of Use Agreements and Privacy Policies of third-parties′ sites.
b. One such site NuestroPoder.com is utilizing is Revver (http://revver.com). Revver provides an online video sharing service, where users can upload, view, and share videos. NuestroPoder.com uses Revver′s Service so our Members can upload videos to the NuestroPoder.com Website. All videos uploaded to NuestroPoder.com are screened by Revver and approved by the staff at Revver. All videos that are uploaded on NuestroPoder.com and approved by Revver will appear on NuestroPoder.com. However, they will also appear on Revver.com and Revver.com users can view the videos as well. If you do not agree with users of other websites being able to view your uploaded videos, do not upload videos to NuestroPoder.com. You may delete uploaded videos from NuestroPoder.com at any time and they will be deleted from Revver.com as well. We highly recommend you read Revver.com′s Terms of Service. NuestroPoder.com claims no relationship or partnership with Revver.com other than utilizing their services so Members on NuestroPoder.com can utilize Revver′s video sharing features. Revver.com does add advertisements to uploaded videos and therefore, generates revenue from advertising. Revver.com shares revenue generated from user-uploaded video and the videos you upload to NuestroPoder.com. Please note that Revver.com will share revenue with NuestroPoder.com for all videos uploaded on Revver.com via NuestroPoder.com. If you do not agree with this policy, do not upload videos on NuestroPoder.com. NuestroPoder.com will not share any of the revenue generated from Revver.com with any Member who uploads or uploaded video on NuestroPoder.com.
18. Disputes.
If there is any dispute between you and NuestroPoder.com about or involving the NuestroPoder.com Website or Service, you agree that the dispute will be governed by the laws of the State of Illinois, U.S.A. without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts of the United States located in Chicago, Illinois for the resolution of any such dispute.
19. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
20. No Agency.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us and any other Member or user of the NuestroPoder.com Website.
21. Other Terms.
This Agreement is accepted upon your use of the NuestroPoder.com Website or by becoming a Member. This Agreement, together with our Privacy Policy, constitutes the entire Agreement between you and us in regards to the use of the NuestroPoder.com Website or Service. The failure of NuestroPoder.com to exercise any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. NuestroPoder.com is a trademark of Where People Clique, Inc. DBA NuestroPoder.com. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by NuestroPoder.com, in our sole discretion, to a third party in the event of a merger or acquisition.
Please Contact Us with any questions you may have regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |
