Fuertenews Terms and Conditions of Use ("Terms")
IN THESE TERMS, "WE," "US," "ITS" AND "OUR" REFER TO FUERTENEWS, its parent corporation, subsidiaries, and affiliated companies ("COMPANY"), AND "YOU" AND "YOUR" REFER TO YOU. Before using Fuertenews, please read these Terms relating to your use of this web site carefully.
1. USE OF SERVICES
COMPANY offers Fuertenews to you, provided that you represent that you are of legal age to create binding contractual and financial obligations for any liability that you may incur as a result of your use of Fuertenews
Your use of Fuertenews constitutes your agreement with the Terms and the Fuertenews policies ("Policies") posted from time to time and the Privacy Statement, both of which are incorporated by this reference into the Terms. Your use of a particular Fuertenews service ("Service") may be subject to specific guidelines ("Service-Specific Rules") posted from time to time and incorporated by this reference into the Terms. Use of the Services constitutes full acceptance of and agreement to the Service-Specific Rules.
If you do not agree to these Terms, then you are not granted rights to use Fuertenews or any of its Services, and you should refrain from accessing Fuertenews and its Services. If you violate any of these Terms, your permission to use Fuertenews automatically terminates.
Fuertenews reserves the right to update and change the Terms, including without limitation the Privacy Statement, Policies and/or Service-Specific Rules, from time to time. Updates and changes to these Terms will be reflected in and accessible through the URL where such Terms first appeared. Users should periodically review the most recent version of the Terms, including without limitation the Privacy Statement, Policies and Service-Specific Rules. Use of Fuertenews after changes to the Terms constitutes acceptance of any changes. It is therefore important that you regularly review these.
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretences. Please choose carefully the information you post on this web site and that you give to other web site users. You assume all risks associated with dealing with other users. We expect that you will use caution and common sense when using this web site.
2. REGISTRATION OBLIGATIONS
In order to access certain Services, you may be required to register and obtain an account with Fuertenews.
When registering, you must: (a) provide true, accurate, current and complete information (collectively, the "Registration Data") and (b) update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that your information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and prohibit any or all use of Fuertenews by you.
You will receive a password and account designation upon completing a Fuertenews registration process. You are responsible for maintaining the confidentiality of your password, and for all activities that occur through your account. You agree to immediately notify COMPANY of any unauthorized use of your password or account or any other breach of security. COMPANY will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your password secure. Use unique numbers and letters for passwords and log off from your account at the end of each session.
Fuertenews handles user Registration Data in accordance with the Fuertenews Privacy Statement accessible here.
3. APPROPRIATE CONDUCT AND RELATED USER REPRESENTATIONS AND WARRANTIES
As used throughout these Terms, "Content" means any text, data, software, music, sound, photograph, graphic, video, message, or material, whether publicly posted, or privately transmitted via Fuertenews. You agree that you are responsible for your own conduct and any Content that you or anyone using your account creates, transmits or displays when on Fuertenews ("Your Content") and for any consequences thereof. "Content" includes text or data entered into and stored by publicly-accessible site features such as message boards and bug trackers ("Fuertenews Public Content"), and any input, suggestions, or other feedback ("Feedback") relating to or in the Fuertenews site or any Service.
When you create or make available Your Content, you thereby represent and warrant that:
(a) you own or have sufficient rights to post Your Content posted by, on or through Fuertenews;
(b) the posting of Your Content on or through Fuertenews does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
(c) you have fully complied with any third-party licenses relating to Your Content, agree to pay for all royalties, fees and any other monies owning any person by reason of any of Your Content that you posted to or through Fuertenews;
(d) Your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
(e) Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libellous or slanderous, does not advocate the violent overthrow of any government, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
(f) Your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any laws concerning child pornography or otherwise intended to protect the health and wellbeing of minors;
(g) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available Your Content, or (ii) secured from your employer a waiver as to all rights in or to Your Content;
(h) Your Content does not violate any state or federal law designated to regulate electronic advertising;
(i) Your Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on COMPANY's or others computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party;
(j) Your Content does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
(k) Your Content does not otherwise violate, or link to material that violates any provision of this Agreement;
(l) Your Content does not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind against another group or individual; and
(m) Your Content does not contain content that discriminates, incites harassment or advocates harassment of any group or individual.
4. NO UNLAWFUL OR PROHIBITED USE
In connection with your use of Fuertenews, you shall comply with all applicable international, state, federal, local laws, including without limitation, all laws regulating exports. You may not access or use Fuertenews for any purpose other than that for which COMPANY makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Content, as determined by COMPANY in its sole discretion.
Without limiting any other remedies, COMPANY may suspend or terminate your Fuertenews account if we suspect that you have engaged in unlawful activity in connection with Fuertenews. In addition, COMPANY reserves the right, in its sole discretion to investigate and take appropriate legal action against anyone who, in COMPANY's sole discretion violates this provision. Prohibited activity includes, but is not limited to:
(a) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
(b) transmitting chain letters or junk mail to other users;
(c) using any information obtained from the web site in order to contact, advertise to, solicit, or sell to any user without such user's prior explicit consent;
(d) engaging in automated use of the system, such as using scripts to send comments or messages;
(e) interfering with, disrupting, or creating an undue burden on the web site or the networks or services connected to the web site, including, without limitation, hacking into the web site;
(f) attempting to impersonate another user or person;
(g) using the username of another person;
(h) selling or otherwise transferring your profile; and
(i) using any information obtained from the web site to harass, abuse or harm another person.
5. FUERTENEWS PRIVACY STATEMENT
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Statement. For information about our data protection practices, please read our Privacy Statement here. If you object in any way to these practices, please do not use our Services.
You understand that the technical processing and transmission of COMPANY Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
6. PROPRIETARY RIGHTS
You agree that content contained in sponsor advertisements or presented to you through Fuertenews ("Sponsor Content"), along with any necessary software used in connection with operating Fuertenews, contain proprietary and confidential information that are protected by intellectual property and other laws and treaties. In addition, the content on the Website, except for all Content, including without limitation, the text, graphics, photos, sounds, sayings and the like ("Materials") and the trademarks, service marks and logos of COMPANY contained therein ("Marks"), are owned by or licensed to COMPANY, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Materials, Content and Sponsor Content on the web site and any necessary software used in connection with operating Fuertenews are provided to you "AS IS" for your personal information and use and, except as expressly authorized by COMPANY or respective third party rights holders in a separate written agreement, you agree not to otherwise use, copy, modify, rent, lease, loan, sell, distribute, transmit, broadcast, create derivative works of, or exploit the Materials, Content, Sponsor Content, and any necessary software used in connection with operating Fuertenews, in whole or in part.
You also agree not to remove, obscure, or alter COMPANY's or any third party's copyright, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Fuertenews.
You agree not to access Fuertenews by any means other than through the interface that is provided by COMPANY, unless otherwise specifically authorized by COMPANY in a separate written agreement. You also agree not to circumvent, disable or otherwise interfere with security related features of the web site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the web site or the Materials therein.
Except for Feedback, which you agree to grant COMPANY any and all intellectual property rights owned or controlled by you relating to the Feedback, COMPANY claims no ownership or control over any Content. You or your third party licensor, as applicable, retain all intellectual property rights to any Content and you are responsible for protecting those rights, as appropriate.
7. ALLEGATIONS OF COPYRIGHT INFRINGEMENT OR TRADEMARK INFRINGEMENT
You may not post, modify, distribute or reproduce in any way any copyrighted materials, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
8. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of, use of, or access to, Services on Fuertenews, except those that are specifically endorsed or approved by COMPANY. You shall not do the following without the express written consent of COMPANY: (a) make any unauthorized use of the Fuertenews Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the web site.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that COMPANY has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted on Fuertenews. While COMPANY will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, COMPANY has no responsibility or liability for the deletion or failure to store any communications or Content maintained or transmitted on Fuertenews.
Though COMPANY may currently have no set fixed upper limit on the number of transmissions you may send or receive through Fuertenews, or the amount of storage space you use on the site, COMPANY retains the right, at its sole discretion, to create limits at any time and COMPANY will alert users of any such limits by email and post updated Terms in accordance with Section 1.
COMPANY reserves the right to mark as "inactive" Fuertenews accounts that are inactive for extended periods of time.
Upon the termination of your Fuertenews account, for any reason, including as a result of inactivity, violation of these Terms, or receipt of a certificate or other legal document confirming your death, COMPANY will close your account and you will no longer be able to retrieve materials contained in that account.
Fuertenews may pre-screen or review Content, and COMPANY reserves the right (but does not undertake the obligation) in its sole discretion to: (a) monitor the web site for violations of these Terms, (b) take appropriate legal action against anyone who, in COMPANY's sole discretion, violates these Terms, including, without limitation, reporting you to law enforcement authorities; (c) refuse, restrict access to or the availability of, or disable (to the extent technologically feasible) any user's Content or any portion thereof that may violate these Terms or any COMPANY policy; (d) terminate the accounts of infringers; (e) otherwise manage the web site in a manner designed to protect the rights and property of COMPANY and others and to facilitate the proper functioning of the web site; and (f) restrict access to or the availability of material that COMPANY, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, irrelevant or otherwise objectionable.
10. LINKS TO THIRD PARTY WEB SITES
Links to third party web sites on Fuertenews are provided solely as a convenience to the user. Fuertenews has not reviewed all of these third party sites, does not control, and is not responsible for, any of these sites, their content or privacy practices. Fuertenews does not endorse or make any representations about the third party sites, or any information, services, or products found on the sites. If a user decides to access any of the linked sites, Fuertenews encourages the user to read their privacy statements. The user accesses such sites at user's own risk.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND COMPANY AND EACH OF THEIR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS (COLLECTIVELY, "COMPANY INDEMNIFIED PARTIES") FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS ("CLAIMS") (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS), ARISING FROM OR RELATED TO (A) YOUR (OR ANY USER'S OF YOUR ACCOUNT) ACCESS TO OR USE OF FUERTENEWS AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS' ACCESS OF CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE WEB SITE OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (B) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS , INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT; OR (C) YOUR CONTENT OR PROVISION TO FUERTENEWS OF INFORMATION OR ANY OTHER PRODUCTS, POSTINGS, OFFERINGS, DATA OR MATERIALS. THE COMPANY INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE THROUGH COUNSEL OF THEIR CHOICE OF ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE COMPANY INDEMNIFIED PARTIES ("INDEMNIFIED CLAIM'). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED COMPANY INDEMNIFIED PARTIES.
12. DISCLAIMER OF WARRANTIES
COMPANY cannot control the nature of the content available on the web site. By operating the web site, COMPANY does not represent or imply that COMPANY endorses any Content or any other materials or items available on or linked to by the web site, including without limitation content hosted on third party web sites, or that COMPANY believes Content or any other materials or items to be accurate, useful or non-harmful.
COMPANY cannot guarantee and does not promise any specific results from use of the web site. No advice or information, whether oral or written, obtained by you from COMPANY or the web site shall create any warranty not expressly stated herein.
ALL PRODUCTS, SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH FUERTENEWS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, SERVICES OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS, SERVICES OR INFORMATION. AS WITH THE PURCHASE OF A PRODUCT, SERVICE OR INFORMATION THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
COMPANY DOES NOT WARRANT THAT FUERTENEWS SERVICES WILL BE TIMELY, UNINTERRUPTED, OR SECURE. SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEB SITE. FUERTENEWS DOES NOT ASSUME RESPONSIBILITY FOR DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOU AGREE THAT YOUR USE OF THE WEB SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEB SITE, YOUR USE THEREOF, THE ACCURACY OR COMPLETENESS OF THE WEB SITE'S CONTENT, THE CONTENT OF ANY WEB SITE LINKED TO THIS WEB SITE OR THE SERVICES, PRODUCTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS OFFERED AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE.
COMPANY RESERVES THE RIGHT TO CHANGE ITS WARRANTY POLICY SET FORTH HEREIN, AT ANY TIME, WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU OR ANY OTHER PERSON.
13. LIMITED LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM: (A) RELIANCE ON THE WEB SITE MATERIALS, (B) LOSS OF USE, DATA, PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE FUERTENEWS SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON FUERTENEWS), OR (C) DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE), WHETHER BASED ON BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF THE WEB SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES DURING THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE DAMAGES OR $100, WHICHEVER IS LESS.
14. RELATIONSHIP OF THE PARTIES
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between COMPANY and any user nor do these Terms extend rights to any third party.
15. NO THIRD PARTY BENEFICIARIES
You agree that there shall be no third party beneficiaries to the Terms.
You agree that COMPANY may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Fuertenews.
17. ENTIRE AGREEMENT
The Terms constitute the entire agreement between you and COMPANY with respect to the subject matter hereof and govern your use of Fuertenews, superceding any prior understandings and agreements between you and COMPANY related to the subject matter hereof for the use of Fuertenews. The section headings in the Terms are for convenience only and have no legal or contractual effect.
18. WAIVER AND SEVERABILITY OF TERMS
The failure of COMPANY to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.
19. TIME LIMIT FOR FILING CLAIMS
Any claim or cause of action arising out of or related to use of Fuertenews or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In our sole discretion, we may assign these Terms by providing notice in accordance with the notice Section should COMPANY ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of Fuertenews.
21. TERM AND SURVIVAL
COMPANY may terminate your use or participation at any time for violation of these Terms or any laws or to protect the integrity of the web site, the networks or services connected to the web site or other users. COMPANY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Fuertenews or any Service. COMPANY shall not be liable to any user or other third party for any such modification, suspension or discontinuance. Even after your use or participation is terminated, the material terms of these Terms will remain in effect.