These Terms and Conditions of Use contain the terms and conditions between TuVozNow, LLC (“TuVozNow”) and you (“You”, or a “User”) governing the use of the service offered at the TuVozNow website, as well as our Facebook, Instagram, Twitter and other social media or interactive pages (collectively, (he “Site”), and through any TuVozNow mobile application (each, an “Application” or “App”) (the Site and Applications are sometimes collectively referred to herein as the “Site”).
1. Acceptance of Terms and Conditions: 1. Acceptance of Terms and Conditions: This Agreement is an electronic contract that sets out the legally binding terms of Your use of the Site. This Agreement may be modified by TuVozNow from time to time, such modifications to be effective upon posting by TuVozNow on the Site. By accessing the Site or becoming a Member or User, You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming a Member or User, You consent to have this Agreement provided to You in electronic form.
2. Subscriptions: TuVozNow currently offers two types of subscriptions to its Site, Standard (“Standard”, “Standard Member” or “Standard Membership”) and premium (“Premium”, “Premium Member” or “Premium Membership”). Unless otherwise specified, the term “Member” is used in this Agreement to refer to both Standard Members and Premium Members. The term “User” shall collectively refer to all types Members, as well as those who simply browse the TuVozNow site as an anonymous visitor.
(a) Standard: Standard Members have basic access the TuVozNow Site and App, and may connect to, upload, share, comment on, and otherwise report news. With Standard Memberships, the Site and App will display advertisements from third parties.
(b) Premium: Premium Members have all the access provided with Standard Memberships, but the Site and App shall be free of all advertisements from third parties. Premium Memberships cost $1.99 per month. TuVozNow anticipates offering additional add-on features to Premium Members in the near future, which may be subject to additional charges.
4. TuVozNow is a Venue: The Site is a communications platform designed to enable Users to connect, upload, share, comment on and otherwise report news. TuVozNow does not take part in the interaction between and among Users and does not control various aspects of the Site. You acknowledge that TuVozNow is a service provider that may allow people to interact online. Except as may otherwise be provided herein, TuVozNow generally does not regulate the content of communications published on the Site. The terms of any relationship or interaction between and among Users are dictated solely by the Users themselves, and TuVozNow takes no part in such relationship or interaction. TuVozNow simply provides a venue where Users may connect and share news and other information and Content. Users do hereby represent, understand and expressly agree that TuVozNow does not have control over the accuracy, authenticity, legality, morality, ethicality or any other aspect whatsoever of the Content posted or communicated by any User, and that TuVozNow does not assume responsibility for any of the actions whatsoever of Users. TuVozNow makes no representations about the accuracy, reliability, suitability, reliability, timeliness, legality or accuracy of the news or Content provided by Users through the Site whether in public, private or offline interactions. TuVozNow does not assume and expressly disclaims any liability that may result from the use of this Content and any interactions amongst Users and/or Members. TuVozNow is not responsible for the conduct, whether online or offline, of any User or Member of the Site. All Users do hereby expressly agree not to hold TuVozNow, its officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees (collectively, the “Affiliates”), liable for any Content, instruction, advice or services delivered which originated through the Site and TuVozNow and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
5. Eligibility: To be eligible to use our Site, You must be at least thirteen (13) years of age or older. If You are less than eighteen (18) years of age, You must have Your parent or legal guardian’s permission to use the Site, as well as have them read and agree to this Agreement. If You do not meet the above age requirements, do not register to use the Site. This Site is controlled and operated by TuVozNow from its offices within the State of Georgia, United States of America. TuVozNow makes no representation that the Site, Applications, or related Content offered by TuVozNow are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You must not be a competitor of TuVozNow or using the Site for reasons that are in competition with TuVozNow.
6. Representations and Warranties: You represent and warrant for the benefit of TuVozNow, TuVozNow’s Affiliates, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) You possess the legal right and ability to enter into and make the representations and warranties contained in this Agreement; (b) all required information (as described herein) submitted by You to the Site is true and accurate; (c) You will keep Your registration information current; (d) You will be responsible for all use of Your password even if such use was conducted without Your authority or permission; (e) You will not use the Site, Applications or any TuVozNow service for any purpose that is unlawful or prohibited by this Agreement; (f) You are the owner of the Materials and they are original to You; (g) the Content and/or Materials You publish do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Content and/or Materials You publish do not constitute defamation or libel or otherwise violate the law, and (i) You agree to defend, indemnify, and hold TuVozNow (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h). You hereby authorize TuVozNow to verify Your representations and warranties herein, and You acknowledge that TuVozNow reserves the right, but not the obligation, to verify such representations and warranties, and to take action it deems appropriate in its sole discretion, including but not limited to terminating Your membership or use of the Site, should it determine, in its sole opinion, that You have violated any representation or warranty or any other provision of this Agreement.
NOTWITHSTANDING THE FOREGOING, TUVOZNOW DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD TUVOZNOW HARMLESS FOR ANY MISSTATEMENTS AND/OR MISS-REPRESENTATIONS MADE BY ANY USERS OF THIS SITE.
7. Limited Non-Commercial License to Use Site: TuVozNow hereby grants You the limited right to view and use the Site only for the purposes of uploading, sharing, commenting on and otherwise reporting news. TuVozNow reserves the right to suspend, ban, reset any and all features of Your account in its sole discretion, Your access to all or any portions of the Site. Unless You have received specific written permission from TuVozNow, You may not (a) upload or post commercial material or any Content on the Site, or (b) alter or modify any content on the Site. Without limiting other restrictions, You agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
8. Prohibited Materials: The Site will allow members to upload news and videos, and post comments, subject to the following conditions:
(a) You understand that Content that is transmitted to or via the Site is the sole responsibility of the person from whom the Content originated. This means You, and not TuVozNow, are entirely responsible for the news and comments that You post and in which You participate. Further, You understand that by using the Site You may be exposed to materials that are offensive, objectionable or indecent.
website.pb2 You shall not create a member name or nickname, publish through the Site any Content or materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, depicts graphic or gratuitous violence, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
(b) Your Content, materials, member name and/or nickname will not disparage in any manner TuVozNow, its Licensors, or their Applications, products, or services and sites.
(c) Your Materials, member name and/or nickname shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
(d) You shall not upload to, distribute through or otherwise publish through the Site any Content or materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
(e) TuVozNow has the right, but not the obligation, to remove any material that violates any of the limitations set forth in this Section. All decisions whether to leave or remove content shall be made by TuVozNow in its sole discretion.
9. Exclusive Use: Obligation for Use of Your Password. Your account is for Your sole, personal use, You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity. ALL CONTENT TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that You are solely liable for all actions taken via Your password, whether or not made with Your knowledge or authority. You agree to guard Your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which You will be legally responsible. If You suspect that someone may have obtained access to Your password who is not intended to have authority to act on Your behalf, please contact TuVozNow immediately to authorize TuVozNow to deny access to the Site to anyone else presenting Your password.
10. Information Provided by Users: You are responsible for providing accurate, current and complete information in connection with Your registration for use of the Site. TuVozNow is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Site. You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, “Content”) that You publish or display (hereinafter, “post”) on the Site, or transmit to other Users of the Site. You will not post on the Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to TuVozNow or to any other User of the Site.
(a) You understand and agree that TuVozNow may (but has no obligation to) review and delete any Content, in each case in whole or in part, that in the sole judgment of TuVozNow violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Site.
website.pb2 By posting Content to any public or member area of the Site You automatically grant, and You represent and warrant that You have the right to grant, to TuVozNow, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and content and to prepare derivative works of, or incorporate into other works, such Content and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of Your Content by TuVozNow will not infringe or violate the rights of any third party.
(b) Your use of the Site, including but not limited to the Content You post on the Site, must be in accordance with any and all applicable laws and regulations.
(c) Opinions, advice, statements, offers, or other Content made available on the Site, but not directly by TuVozNow, are those of their respective authors. Such authors are solely responsible for such Content. TuVozNow does not: (i) guarantee the accuracy, completeness, or usefulness of any Content on or available through the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will TuVozNow or its Affiliates be responsible for any loss or damage resulting from: a) Your reliance on Content posted on the Site or transmitted to or by any User of the Site; or b) reviews or comments made about You on the Site by other Users.
11. Release: In the event You and another User or Member exchange information, establish a relationship, or agree to meet online or in person, such agreement is solely between You and such other User; TuVozNow is not a party to any such agreement. Any issues concerning the same must be resolved directly by You and such third party. TuVozNow will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, You do hereby represent, understand, and expressly agree to hold TuVozNow harmless for any claim or controversy that may arise from any disputes between You and any other user(s) of the Site. You acknowledge and agree that TuVozNow is under no duty to, and shall not, monitor USERS AND/OR USERS’ profiles, actions, comments, and general usage of the Site. Accordingly, You knowingly and voluntarily release TuVozNow from any liability for not suspending the privileges to any USER FOR not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other Users of the Site, particularly if You decide to meet offline or in person. By using this Site, You do hereby agree to report any alleged improprieties of any Users therein to TuVozNow immediately by notifying TuVozNow of the same via electronic correspondence.
12. Term and Termination: The term of this Agreement shall commence on the Effective Date and shall continue for so long as You use the Site, unless TuVozNow terminates Your usage as provided herein. A Premium Member may cancel his/her subscription at any time, and monthly recurring fees shall cease within (30) days written notice of such cancellation. No refunds will be paid to any Premium Member who cancels in the middle of a billing cycle. TuVozNow reserves the right, in its sole discretion, to terminate Your access to all or part of the TuVozNow Site, to remove Your profile and/or any content posted by or about You, from the Site, and/or to terminate Your membership in TuVozNow, for any reason or no reason, with or without notice. Following any termination of any Member’s use of the Site, TuVozNow reserves the right to send a notice thereof to other Members which whom You have corresponded.
13. Links to External Sites. Links from the Site to external sites (including external sites that are framed by TuVozNow) or inclusion of advertisements do not constitute an endorsement by TuVozNow of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users’ reference and convenience. Users access them at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the Content obtained from other sites. TuVozNow does not control such sites and is not responsible for their content. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by TuVozNow’s Terms and Conditions. TuVozNow expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All Users hereby agree to hold TuVozNow harmless from any liability that may result from the use of links that may appear on the Site.
14. COPPA Compliance: Users agree to monitor children’s use of the Internet. TuVozNow will not knowingly collect any information from children under thirteen (13) years of age. You must identify Your age during the registration process. TuVozNow takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding Your age or parental consent when using this Site. Should we determine that You provided any false information to us when using this Site, Your membership will be terminated immediately.
15. Disclaimer of Warranty: EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TUVOZNOW, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. TUVOZNOW HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE AND APPLICATIONS; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED CONTENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED CONTENT IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ADDITION, TUVOZNOW DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED CONTENT.
16. Third Party Content: Opinions, advice, statements, offers, information or other Content made available through the Site, but not directly by TuVozNow, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TUVOZNOW DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN TUVOZNOW. UNDER NO CIRCUMSTANCES WILL TUVOZNOW BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS.
17. Assumption of Risk: You assume all risk when using the Site, including but not limited to all of the risks associated with any online or offline interactions with Users of the site. You agree to take all necessary precautions, including but not limited to following the recommendations set forth herein, when interacting with other Users of the site.
18. Limitation of Liability:
(a) Incidental Damages and Aggregate Liability. In no event will TuVozNow be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site, including without limitation damages related to any Content received from the Site, removal of content from the Site, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of Your subscription or ability to access the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if TuVozNow, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL TUVOZNOW’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID TUVOZNOW FOR THE USE OF THE SITE OR ANY SERVICES, THE AMOUNT OF US $25.00 OR ITS EQUIVALENT. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THIS AGREEMENT SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(b) No Liability for non-TuVozNow Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TUVOZNOW BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. TuVozNow makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the Content offered or provided within or through the Site. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist.
19. Indemnification: By agreeing to the terms of this Agreement, Users of the Site agree to indemnify, defend and hold harmless TuVozNow and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including attorneys’ fees and costs incurred by TuVozNow and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content You submit, post or transmit through the Site; (ii) use of the Site by You in violation of this Agreement or in violation of any applicable law; (iii) any services provided by a User; and (iv) any interaction between or among You and any of the following: another User, a Visitor, or any third party. Users further agree that they will cooperate as reasonably required in the defense of such claims. TuVozNow and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of TuVozNow. Users further agree to hold harmless TuVozNow and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the Site.
20. Notice and Take Down Procedures; Copyright Agent. If You believe any materials accessible on or from Site infringe Your copyright, You may request removal of those materials (or access thereto) from this Site by contacting TuVozNow’s copyright agent (identified below) and providing the following information: (a) identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; (b) identification of the material that You believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material; (c) Your name, address, telephone number and (if available) e-mail address; (d) a statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information that You have supplied is accurate, and indicating that “under penalty of perjury,” You are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) a signature or the electronic equivalent from the copyright holder or authorized representative. In an effort to protect the rights of copyright owners, TuVozNow maintains a policy for the termination, in appropriate circumstances, of Users and other users of this Site who are repeat infringers.
21. Notice of Trademark Rights: EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THIS AGREEMENT, NEITHER TUVOZNOW, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU. The service marks and trademarks TuVozNow and the TuVozNow logo are service marks owned by TuVozNow. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of TuVozNow and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by this Agreement.
22. Jurisdiction and Choice of Law: If there is any dispute arising out of the Site, Your use of the Site, You expressly agree that any such dispute shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions, and You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Georgia, Cobb County, for the resolution of any such dispute.
23. Invalid Provisions: Severability. Any provision of this Agreement which is prohibited and unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibitive or enforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. Should any provisions of this Agreement be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
24. Miscellaneous: Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Nor is any other User or Member a partner, joint venturer, agent, legal representative, employer, contractor or employee of TuVozNow. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.