Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PUEBLO UNIDO SERVICES (DEFINED BELOW). BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of the Pueblo Unido Service after any such changes constitutes your acceptance of the new Terms.

These Terms of Use (the "Agreement") set forth the terms and conditions that apply to your use of the services from Pueblo Unido, LLC. ("Pueblo Unido", "us", "we"). The services provided by Pueblo Unido pursuant to this Agreement include all means by which Pueblo Unido provides content to you or receives content from you, including, without limitation, www.noveleros.com, downloadable software applications, delivery of Pueblo Unido content to you at your request, mobile web sites, mobile downloadable applications, services that allow you to submit content to www.noveleros.com, blog submission services, chat rooms and message boards ("Services"). The Services may currently be accessed among other means via the site located at www.noveleros.com ("Site").

Eligibility

The Pueblo Unido Services are intended for site visitors ages 13 and up. Children under the age of 13 may not register for Pueblo Unido Services or with the Site. If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use the Pueblo Unido Services. By registering as a member, you represent that you are 13 years of age or older.

If you are required to register as a sex offender in any jurisdiction, you may not use the Pueblo Unido Services.

Registration; Account Security

When you register for and use the Pueblo Unido Services, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the confidentiality of the password and the security of your account information, and are fully responsible for all activities that occur under your password or account. This means, for example, that you may not share your password or let anyone else access your account. You agree that you will immediately notify Pueblo Unido of any unauthorized use of your password or account, or any other breach of security, and that if you access Services via the Site, you will log off of the Site at the end of each session to prevent fraud on your account by third parties. If you have reason to believe that your account is no longer secure, please let us know immediately.

Prohibited Conduct

By using or accessing the Pueblo Unido Services, you represent, warrant and agree that you will not:

  • do anything that could disable, overburden or impair the proper working of the Pueblo Unido Services;
  • use any automated means to access the Pueblo Unido Services;
  • send spam or any other unauthorized or unsolicited advertisements or solicitations through or using the Pueblo Unido Services;
  • scrape, harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of the Pueblo Unido Services without consent from such users;
  • solicit private information (including email address, social security numbers, credit card numbers and passwords) from users of the Pueblo Unido Services;
  • provide any false personal information in your profile, create more than one profile, create a profile for anyone other than yourself or create a page without authorization;
  • intimidate or harass any user;
  • do anything that is illegal, infringing, fraudulent, malicious or could expose Pueblo Unido or the users to harm or liability; or
  • attempt, encourage or facilitate any of the above.

User Content

By using or accessing the Pueblo Unido Services, you represent, warrant and agree that you will not Post:

  • User Content that violates the law or anyone's rights, including intellectual property rights or other proprietary rights (such as rights of publicity and privacy);
  • any Contact Information or private information of any third party;
  • false, misleading or fraudulent information;
  • any material that contains software viruses or any other computer program code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting nudity;
  • post or transmit comments containing abusive, defamatory, libelous, indecent, obscene, harassing or offensive language, including sexual references, sexual nicknames, racial slurs, threatening language, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments or anything else that we may consider offensive;

Pueblo Unido does not pre-screen, review, edit or approve any User Content. Pueblo Unido may, in its sole discretion, remove or disable access to any User Content. You acknowledge and agree that Pueblo Unido reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Services constitutes consent to such monitoring. Furthermore, Pueblo Unido reserves the right at all times to disclose any information posted on any portion of the Services and/or Site as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Pueblo Unido’s sole and absolute discretion are objectionable or in violation of this Agreement.

"User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the Pueblo Unido Services. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the Pueblo Unido Services.

Intellectual Property Complaints

Pueblo Unido respects the intellectual property rights of others and we prohibit users from Posting User Content that violates another party's intellectual property rights. When we receive a proper claim of intellectual property infringement, we promptly remove or disable access to the allegedly infringing User Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that User Content on Pueblo Unido Services infringes your intellectual property rights, please visit our Report Claims of Intellectual Property Infringement page. All intellectual property claims can be made through that page, which will be handled in accordance with the Digital Millennium Copyright Act.

Mobile

There are features of the Pueblo Unido Services that may be accessible via certain mobile carriers (the "Mobile Services"). These Services are currently provided for free, although certain wireless services you request may cause you to incur text messaging or other charges by your wireless carrier. Any charges are your sole responsibility. Pueblo Unido reserves the right to change the nature of this relationship at any time.

By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information on the Pueblo Unido Services to ensure that your messages are not sent to the individual that acquires your old number.

Your Privacy Practices

We respect the privacy rights of third parties, and you must do so as well on the Pueblo Unido Services.

If you collect, access or use information relating to any user of the Pueblo Unido Services (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not Pueblo Unido.

Licenses

You are solely responsible for the User Content that you Post on or through the Pueblo Unido Services. You hereby grant Pueblo Unido an irrevocable, perpetual, transferable, fully paid, non-exclusive, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, frame, translate, excerpt, adapt, reformat, modify, edit, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Pueblo Unido Services or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Pueblo Unido Services or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

Submissions

Pueblo Unido does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through this Site, mail, e-mail, or in any other way. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, concepts, data, files, programs, footage, photographs or other information that you provide to Pueblo Unido ("Submissions"), are non-confidential and non-proprietary. By submitting, transmitting, posting or sending any such Submissionto us, you represent and warrant that the information is original to you and that no other party has any rights to the Submissions. Pueblo Unido will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Release and Waiver; Complaints

You agree not to hold Pueblo Unido responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the Pueblo Unido Services. This includes transactions conducted on the Pueblo Unido Services as well as the collection, handling and sharing of personal information that you provide to third parties. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Pueblo Unido and its directors, employees, officers and agents (collectively, the " Pueblo Unido Entities") from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

If you believe that the Pueblo Unido Services or Pueblo Unido's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Pueblo Unido 's legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the Pueblo Unido Services is unfair, fraudulent or unlawful with respect to that issue.

Indemnity

You agree to defend, indemnify and hold harmless Pueblo Unido Entities from and against any and all claims, or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys’ fees) arising out of or related from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any breach of the representations, warranties and covenants made by you herein; (c) use of the Pueblo Unido Services or any of the applications, features, content or materials related thereto; (d) any misrepresentation made by you in connection with your use of the Services; or (e) any non-compliance by you with the terms and conditions of this Agreement. Pueblo Unido reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pueblo Unido, and you agree to cooperate with Pueblo Unido's defense of these Claims.

General Disclaimers

USE OF THE PUEBLO UNIDO SERVICES IS AT YOUR OWN RISK. THE PUEBLO UNIDO SERVICES, PUEBLO UNIDO WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE PUEBLO UNIDO SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PUEBLO UNIDO, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, PUEBLO UNIDO, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE PUEBLO UNIDO SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PUEBLO UNIDO SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PUEBLO UNIDO IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE PUEBLO UNIDO SERVICES (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PUEBLO UNIDO ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE PUEBLO UNIDO SERVICES, THE PUEBLO UNIDO WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE PUEBLO UNIDO SERVICES, EVEN IF PUEBLO UNIDO OR A PUEBLO UNIDO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PUEBLO UNIDO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL PUEBLO UNIDO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PUEBLO UNIDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination and Modification

Pueblo Unido may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Pueblo Unido Services, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Pueblo Unido Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Services, (iii) any other access or use of the Services except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Services, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services, or (vi) failure to use the Services or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to by Pueblo Unido of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Pueblo Unido may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Pueblo Unido and its licensors.

Mediation; Arbitration

Except as set forth in the paragraph below, you agree that all claims and disputes between you and Pueblo Unido that arise out of or relate in any way to the Terms or your use of the Pueblo Unido Services will be resolved either by (a) binding arbitration by a single arbitrator in Orange County, California or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.

Governing Law; Venue and Jurisdiction

You agree that all claims and disputes between you and Pueblo Unido that arise out of or relate in any way to the Terms or your use of the Pueblo Unido Services will be governed by the laws of the State of California (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Orange County, California.

Notice for California Users

Under California Civil Code Section 1789.3, California users of Pueblo Unido are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210

Posted: February 10, 2009