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Terms of Use

Updated as of: December 13, 2013

The www.novio.com website (the “Website”) is operated by La Pasión del Novio, LLC (“Novio,” “we,” “us,” “our”). These Terms of Use (“Terms of Use”) govern the use of the Website.

Your use of the Website is subject to these Terms of Use and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions. By accessing the Website, you agree that you have read, understand and agree to be legally bound by the Terms of Use set forth below. If you do not agree to be bound by these Terms of Use, do not use the Website.

These Terms of Use may be modified by us at any time. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use.

1. License. Novio grants you a revocable, personal, limited, non-sublicensable, non-transferable, nonexclusive license to use the Website for non-commercial purposes. In using the Website, you are responsible for ensuring compliance with any applicable federal, state, and local laws. As between Novio and you, all title, ownership rights, and intellectual property rights in and to the Website and any derivatives or modifications thereof, in whole or in part, remain with Novio. You understand that Novio may modify or discontinue the Website or any of its features at any time in its sole discretion. The Terms of Use do not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Website except in Novio's sole discretion. You do not acquire any right, title or interest in any content on the Website by virtue of accessing the Website or making use of the permitted uses allowed under these Terms of Use. No license to use or reproduce any logo or trademark included on the Website is granted to you by these Terms of Use or otherwise. The trademarks, logos, service marks and business names displayed on the Website are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Website and any unauthorized reproduction, retransmission or other use of any part of the Website may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.

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.

7. Indemnity. You agree that you will defend, indemnify and hold harmless the Released Parties from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Website of violation of these Terms of Use, including without limitation (i) all matters related to your access to and use of any Novio online services, including, without limitation, your use of the Website, (ii) your violation of any provision contained in the Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Website caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.

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.

10. General Terms. These Terms of Use set forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these Terms of Use shall survive the expiration of the Terms of Use including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability and provisions related to choice of law. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. Novio's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Terms of Use 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 Terms of Use by you against Novio must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that all causes of action arising out of or connected with the Terms of Use shall be resolved individually without resort to any form of class action. These Terms of Use, and your use of the Website, shall be governed by the laws of the State of California without regard to its conflict or choice of law provisions.

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.

12. Questions: Should you have any questions regarding these Terms of Use you may contact us at terms@novio.com.

© 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.