Terms of Service
NevistasConnect is a website (the "NevistasConnect Site") owned and operated by Nevistas SC ("NSC").1. GENERAL RULES.
1.1 By completing the registration process in order to participate in the various discussions, events and other services offered to NevistasConnect subscribers, YOU certify that YOU have read and fully agree to be bound by all of the terms and conditions of these Terms of Use.
1.2 NSC reserves the right to modify these Terms of Use at any time and without notice, with the result that such modifications shall become effective upon posting. YOU are responsible for reviewing these Terms of Use each time and at the time YOU enter the NevistasConnect Site and prior to participating as an NevistasConnect subscriber. By continuing to participate as an NevistasConnect subscriber, YOU agree to be bound by any such modification, and the particular version, of the Terms of Use in effect at the time.
1.3 IF ANY OF THE TERMS OF USE ARE UNACCEPTABLE TO YOU, YOU MAY REFRAIN FROM REGISTERING TO BECOME AN NEVISTASCONNECT SUBSCRIBER OR, IF YOU HAVE ALREADY REGISTERED, YOU MAY CANCEL YOUR REGISTRATION BY:
(A) SIGNING IN AND CLICKING ON "ACCOUNT SETTINGS", THEN ON THE "DELETE ACCOUNT" TAB, AND FINALLY ON THE BUTTON CONFIRMING YOUR WISH TO DELETE YOUR ACCOUNT; OR
(B) SENDING AN E-MAIL WITH THE SUJECT LINE "UNSUBSCRIBE" TO SUPPORT@NEVISTAS.COM.
1.4 At any time and without notice or liability, NSC may, in its sole discretion, (i) change, suspend or discontinue any aspect of the look, feel or functionality of, or any of the services available on, the NevistasConnect Site, or alter or limit your access to that Site or any of the services thereby provided.
VIOLATING ANY PART OF THESE Terms of Use COULD BE GROUNDS FOR YOUR REMOVAL FROM OR PROHIBITED ACCESS TO THE SERVICES AVAILABLE AT THE NEVISTASCONNECT SITE.
2. ELIGIBILITY AND REGISTRATION.
2.1 Although open and available to anyone 18 years of age or older, and who agrees to comply and complies with these Terms of Use, the NevistasConnect Site and its many services are primarily intended for use by visitors to the Nevistas network of web sites.
2.2 To register for and participate in the NevistasConnect Site, YOU must be at least 18 years old and agree:
(a) to provide complete and accurate information about YOU and your business ("Your Profile") during the registration process and to maintain the accuracy of that information by promptly updating Your Profile if and when any of that information changes.
(b) to exercise reasonable care in protecting the confidentiality of your Username and Password for access to your account, and to participate, in the NevistasConnect Site.
(c) to be fully responsible for all use of your account, including use by any third party (whether authorized by YOU or not) having access to your NevistasConnect account.
3. RESTRICTIONS ON USE.
3.1 At all times during your registration for, and subsequent participation in, the NevistasConnect Site, YOU:
(a) acknowledge, understand and agree that NSC, at all times, has the unconditional right (i) to monitor any and all content posted by YOU or any third party using your NevistasConnect account ("Participant Content"), and (ii) to remove, edit or change any such Content without liability or notice, which NSC, in its sole discretion, considers in violation of these Terms of Use, unlawful, in poor taste, unreliable, abusive or otherwise inappropriate.
(b) understand and agree that NSC reserves the right at any time to suspend or terminate your account on the NevistasConnect Site (whether temporarily or permanently), for any or no reason whatsoever, as it determines in its sole discretion, at any time, and without notice or liability. Termination of your account may include: (i) removal of your access to some or all available services on the Site; and (ii) deletion of some or all of the information, files and other materials associated with your account.
(c) agree, warrant and represent that at no time shall YOU, or any third party using your account, post Participant Content on the NevistasConnect Site, which (i) is defamatory, (ii) is obscene or pornographic, (iii) invades NSC's or any third party's rights of privacy or publicity, (iv) plagiarizes NSC's or any third party's content, (v) infringes NSC's or any third-party's copyrights, trademarks or other intellectual property rights, (vi) discriminates, or promotes discrimination on the basis of any legally-protected class (including without limitation: race, religion, nationality, gender, sexual preference, age and disability), or (vii) is otherwise illegal under applicable law.
(d) agree, warrant and represent that at no time shall YOU, or any third party using your account, post Participant Content or otherwise use the NevistasConnect Site (i) to attack, harass or be personally abusive toward NSC or any third party, (ii) to promote violence, hatred, bigotry or the use of weapons, illegal drugs or alcohol, or (iii) to otherwise interfere or attempt to interfere with any other party's right to participate in, and enjoy, the Site.
(e) agree, warrant and represent that at no time shall YOU or any third party using your account use the Site to transmit or post spam, chain letters, contests, junk e-mail, pyramid schemes, surveys or other mass messaging, whether commercial in nature or not.
(f) agree not to post the same Participant Content to multiple discussion groups if that Content does not specifically apply to the subject matter and related interests of those groups.
(g) agree, warrant and represent that at no time shall YOU, or any third party using your account, gain, or attempt to gain, access to the NevistasConnect Site, or third-party account information thereon or therein, or any computer systems or networks connected to the Site by hacking, password mining or any other illegal means.
(h) agree to contact NSC immediately in the event YOU discover that (i) YOU have lost any document which contained your confidential Username and/or Password, or (ii) an unauthorized third party has obtained and/or is using your Username and/or Password.
3.2 Except for the limited license rights granted to YOU by NSC for access into, and to post Participant Content on, the NevistasConnect Site, YOU acknowledge, understand and agree that, at no time do you have any rights, title or interest (including ownership) in or to the NevistasConnect Site (including the look, feel and functionality thereof), the content posted thereon, and the software, related documentation, and enhancements or modifications thereto.
4. NSC RIGHTS.
4.1 You acknowledge, understand and agree that YOU are solely responsible for any and all usage of or other activity involving your NevistasConnect account, including without limitation any and all Participant Content YOU or any third party using your account posts on the NevistasConnect Site and the consequences thereof.
4.2 You agree to indemnify, defend (if the defense is not undertaken by NSC) and hold harmless NSC, and NSC's affiliates, and its and their respective employees, officers, directors, agents, and other authorized representatives, from any and all third-party claims, suits, liabilities and damages (collectively, "Third-Party Claims") caused by, or arising out of, or in any manner related to, any breach of these Terms of Use by You or any third party using your NevistasConnect account. You further agree to fully cooperate with, and assist, NSC in its defense of any such Claim, as reasonably requested by NSC. You also understand and agree that NSC reserves the right and may, in its sole discretion and at its sole expense, assume the exclusive defense and control of any such Third-Party Claim, for which you are obligated to indemnify NSC hereunder.
4.3 You understand and agree that, at no time, does NSC, nor any of its affiliates, nor its and their respective employees, officers, directors, agents, and other authorized representatives, authorize, confirm or endorse the accuracy or reliability of any and all Participant Content posted on or otherwise distributed over the NevistasConnect Site. Any and all such Participant Content shall be viewed solely as the advice, opinion, statement or other information of the provider thereof and not the viewpoint or position of NSC. YOU further understand and agree that your reliance on any such Participant Content shall at all times be at your sole risk.
4.4 YOU UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE NevistasConnect SITE AND/OR NevistasConnect SERVICES, ARE, AT ALL TIMES, AT YOUR SOLE RISK; AND
(B) THE NEVISTASCONNECT SITE AND/OR NEVISTASCONNECT SERVICES INCLUDING ANY AND ALL SOFTWARE AS A PART THEREOF, ARE DISTRIBUTED AND MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICUALAR PURPOSE.
4.5 You hereby grant NSC a perpetual, nonexclusive, worldwide, royalty-free, and transferable license to use any Participant Content YOU or any third party using your account may post, including without limitation the right to copy, excerpt, publish or otherwise reproduce, distribute, sublicense, display, publicly perform, broadcast, or create derivative works based on or RSS feeds of, any such Content, in any form, format or media now known or hereafter developed.
4.6 NSC reserves the right:
(a) to disclose to third parties information about your demographics and usage of the NevistasConnect Site, provided that it will not disclose your personal identity including contact information without your prior consent.
(b) to send electronic mail to YOU for the purpose of (i) informing YOU of changes in the NevistasConnect Site or any of the NevistasConnect Services, and (ii) requesting your participation in various surveys and other feedback designed to assist NSC in better understanding its NevistasConnect Site users and how to improve the Site experience.
4.7 Although YOU are solely responsible for your interactions with other NevistasConnect participants, NSC reserves the right, but has no obligation, to mediate or otherwise resolve any disputes between YOU and other such participants. In the event that NSC does become involved in any such dispute, YOU agree: (i) that NSC's decision shall be final, irreversible and non-appealable; and (ii) to fully comply with the result thereof.
5. MISCELLANEOUS.
5.1 You acknowledge, understand and agree that:
(a) any and all claims or disputes arising out of, or in any manner related to, these Terms of Use, Participant Content or the participation by YOU or any third party on the NevistasConnect Site and/or in connection with any of the NevistasConnect Services shall be construed, enforced and resolved in accordance with these Terms of Use, which in turn shall be construed and enforced solely in accordance with the laws of the State of California, except if and to the extent that the federal laws of the United States apply; and
(b) any and all claims or disputes as set forth in subsection (a) above shall be litigated exclusively in a Federal or state court having competent jurisdiction in Orange County, California, and YOU hereby agree, and waive any objection, to the personal jurisdiction and venue of any such courts
5.2 If any provision of these Terms of Use are held to be illegal, invalid or unenforceable by a court or other authority having competent jurisdiction: (i) such provision shall be enforced to the maximum extent permissible, so as to effect your and NSC's intent; and (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be thereby affected or impaired.
5.3 YOU acknowledge and agree that, with your registration to participate, and/or participation, in the NevistasConnect Site, YOU: (i) are at all times an independent contractor and not an agent, employee, associate, joint venturer, or partner of NSC; and (ii) have no authority to speak on behalf of NSC, or to bind NSC to any contract or other commitment.
6. NSC Contact.
If you have any questions about, or wish to report any violation of, these Terms of Use, or have any other concerns or questions regarding the NevistasConnect Site or Services, please contact the Community Editor through the Feedback Form.
I HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
