Updated as of: December 13, 2013
2. Limitations. You will not, and will not allow any third party to:
- a) Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Website;
- b) Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Website or any content contained therein;
- c) Copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website without our prior written consent
- d) Use the Website in any manner that could damage, disable, overburden, or impair the Website, Novio, or any other person or entity; or
- e) Use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, add-on, hack, trainer, mod, cheat, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage, monitor, mine, enhance or disassemble the Website.
3. User Content. Any content provided by you to Novio (including, without limitation, any questions, comments, suggestions, ideas, concepts, techniques, feedback, names, screen names, material, communication, or other information) shall collectively be referred to herein as “User Content.” Upon receipt of User Content, Novio shall have perpetual, universal, non-exclusive, royalty-free rights (including, without limitation, all intellectual property rights) to copy, display, modify, transmit, make derivative works of, publish, distribute, and otherwise use such User Content (in whole or in part) for any purpose, commercial or otherwise, without acknowledgment, compensation or other obligation to you. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. We may also use your name, likeness, and other identifiable information associated with your User Content.
4. Digital Millennium Copyright Act (“DMCA”). The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who have a good faith belief that material appearing on the Internet infringes their rights under U.S. copyright law. Novio, however, is not providing or hosting any of the material found on the Website; rather, third parties are providing and hosting all material found on the Website. If you have a good faith belief that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please review the DMCA Take-Down Procedures established by the third-party content provider that hosts such material (such as YouTube (http://www.youtube.com/t/terms) or Twitter (http://twitter.com/tos)). Third-party content providers may be able to address your concerns, including the removal of your material from the Website.
Novio suggests that you consult your legal advisor before filing a notice with the copyright agent. You should note that there can be penalties for false claims under the DMCA.
5. Privacy. The Website is a general audience website and Novio does not knowingly collect any personally identifiable information through the Website.
6. Limitation on Liability; Disclaimers. THE WEBSITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE WEBSITE AT YOUR OWN RISK. NOVIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOVIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOVIO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE WEBSITE. NOVIO DOES NOT WARRANT THAT THE WEBSITE OR WEBSITE CONTENT OR THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOVIO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE WEBSITE. IN NO EVENT SHALL NOVIO, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE WEBSITE OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED THE SUM OF U.S. $100.
8. Links to Other Sites. The Website, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. Novio does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Novio encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at your own risk, and you should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.
9. Termination. Novio reserves the right, at any time and in its sole discretion, to discontinue the use of the Website in whole or in part, and prevent any person or entity from access to the Website, with or without notice.
11. International Use. You agree to comply with all local rules regarding your online conduct when using the Website. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
© 2013 Novio
Novio™ is a trademark of La Pasión del Novio, LLC.
All third-party trademarks shown are the property of their respective owners. Work shown on this website is the property of Novio, its clients or Novio’s founders’ former agencies, as applicable.