This Terms of Use Agreement (these "Terms") is a legally binding agreement between you and Nativo, Inc., a Delaware corporation located at 222 N. Pacific Coast Highway, 10th Floor, El Segundo, CA 90245 (the "Company," "we" or "us"). These Terms govern your access and use of our website located at https://www.nativo.com/ and any other websites or applications referencing these Terms (collectively, this "Site"), as well as any services provided through this Site. If you have entered into a separate written agreement with Nativo governing your use of specific Nativo products or services, that agreement shall supersede these Terms solely with respect to such products or services. By accessing this Site, you acknowledge that you have read, understand and agree to be legally bound by these Terms.
If you use Nativo’s Nativo IQ service, you agree to be bound by the YouTube Terms of Service at https://www.youtube.com/t/terms, in addition to these Terms.
Subject to your acceptance of and full compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Site for its intended purposes only. You agree that you may not copy or distribute this Site except as specifically allowed in these Terms. Your use of this Site is conditioned upon your continued full compliance with these Terms. Any use of the Site in violation of these Terms will be treated as an infringement of the Company's copyrights in and to this Site. We reserve the right to terminate your access and use of this Site without notice if you violate these Terms.
We reserve the right to change, modify or limit the features on this Site at any time, with or without notice to you, without liability. We also reserve the right to temporarily suspend or permanently discontinue this Site, at any time, with or without notice to you, without liability. You agree that these Terms will survive the termination of this Site for any reason.
Nativo, Inc. and its related and affiliated companies are the sole and exclusive owners of all right, title and interest, including without limitation, copyright, patent, trademark and other intellectual property rights, in this Site, including without limitation, all programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions and other materials, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, passwords, concepts, technology, architecture, logic, structure, sequence, organization, themes, symbols, methods of operation, and other materials, all of which are protected by U.S. and international copyright laws, and may not be reproduced, modified, distributed, transmitted, displayed, performed, rented, altered, stored for subsequent use, republished or used in any manner without our prior written consent. Any use of the materials appearing in this Site not expressly authorized by these Terms is a violation of copyright, trademark, and other applicable laws, and may result in criminal prosecution or civil penalties. Except for the limited right to access and use this Site, we do not grant or transfer to you any other rights of any kind, or any other attributes appearing in, originating from or associated with this Site. No ownership rights of any kind, including any patent, trademark, copyright or other intellectual property rights, are assigned or transferred to you, by accessing or using this Site. You agree not to copy, redistribute, publish or otherwise exploit material from this Site, except as expressly permitted herein, without our prior written permission.
We respect your privacy. Please read our Privacy Policy at https://www.nativo.com/privacy-policy carefully for information relating to the collection and use of personal information when you use our Site. You acknowledge and agree that the Privacy Policy, including the manner in which we collect, use and disclose your personally identifiable information, is incorporated and made part of these Terms. If you do not agree with the Privacy Policy, you must immediately discontinue use of this Site.
You are legally responsible and liable for all of your activities using this Site.
We reserve the right to determine what conduct may be a violation and to take appropriate action as we consider necessary. By accessing and using this Site, you agree that you will not engage in, attempt or encourage any of the following activities:
We reserve the right to terminate or suspend your access to any or all of this Site at any time and for any reason, including a violation or breach of these Terms. In our discretion, we may issue you a warning, or we may elect to immediately terminate your access to this Site. You acknowledge that the Company is not required to provide you notice before taking such action. You agree that these Terms will survive the termination of your access to this Site for any reason.
This Site is provided on an "AS IS" and "AS AVAILABLE" basis, without warranty of any kind, and subject to all risks. You agree that your access and use of this Site is at your own risk. You assume all risks that this Site is suitable, accurate for your needs, and will be uninterrupted, timely, secure, or error-free.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT (EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAWS).
YOU ACKNOWLEDGE AND AGREE THAT NATIVO, INC., ITS RELATED OR AFFILIATED COMPANIES, SUBSIDIARIES, OTHER PARTIES AFFILIATED WITH THIS SITE, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ATTORNEYS (COLLECTIVELY, "NATIVO PARTIES") ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM REGARDING THE USE OF THIS SITE EXCEPT AS EXPRESSLY PROVIDED IN WRITTEN AGREEMENTS SIGNED BY BOTH YOU AND THE COMPANY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE NATIVO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THIS SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify and hold the Nativo Parties harmless from and against any claim, liability, loss, injury, damage, cost, or expense, including attorneys' fees and costs, incurred by any of the Nativo Parties, arising out of or resulting from your access or use of this Site; your breach or alleged breach of any term, condition, obligation, representation or warranty contained in these Terms; your violation of the intellectual property or other legal rights of the Company; and the illegal or improper use of this Site.
Regardless of any statute or law to the contrary, you agree that you will not initiate any legal action against any of the Nativo Parties arising out of or related in any way to your access or use of this Site, these Terms, the Privacy Policy, or any related matter, more than one year after such cause of action accrues that is the basis of your legal action.
You acknowledge and agree that the rights granted to you and your obligations to the Company under these Terms are unique and irreplaceable in nature, and the loss of which will irreparably harm the Company and cannot be compensated by monetary damages alone. You agree that the Nativo Parties shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to monetary damages only.
This Terms of Use Agreement and all aspects of this Site shall be governed by, and enforced and construed in accordance with the internal laws of the United States and the State of California, which govern contracts entered into and to be fully performed in California, without regard to any principles referring to the laws of another state or jurisdiction. You agree not to commence or prosecute any action in connection therewith other than in the appropriate federal or state court located in Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Los Angeles County, California.
We will investigate notices of copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) ("DMCA"). DMCA provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your work has been copied or posted without your authorization and is available on this Site, in a way that constitutes copyright infringement, you may provide notice of your claim to our designated agent listed below.
For your notice to be effective, it must include the following information:
Written notice of any claimed copyright infringement must be submitted to the following designated agent for this Site:
Nativo, Inc.
Attn: Legal Department
222 N. Pacific Coast Highway • 10th Floor
El Segundo, California 90245
United States of America
Telephone: 310.658.5221
Email: legal@nativo.com
We make no representation that this Site is or will be appropriate or available in any locations outside the United States. This Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirements within such jurisdiction or country. Anyone who accesses or uses this Site from outside the United States does so at his or her own risk, and is legally responsible to comply with any applicable federal, state, local, or international laws, regulations, ordinances or treaties.
This Terms of Use Agreement (including the Privacy Policy which is incorporated by this reference), as well as any separate written agreements signed by both you and the Company, constitute the entire agreement between you and the Company relating to this Site, and supersede all prior agreements or understanding regarding this subject matter. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you and the Company. If any of these Terms is determined to be unlawful, invalid, or unenforceable for any reason, then that provision will be disregarded and will not affect the lawfulness, validity and enforceability of any remaining provisions. You waive all defenses you may have based on the electronic form of these Terms and that you did not manually signed these Terms. If we fail to act with respect to a breach of any of these Terms by you or others, our failure does not waive our rights to act with respect to any later or similar breaches. In the event of a conflict between this Terms of Use Agreement and any separate written agreement signed by both you and the Company, any such separate written agreement signed by both you and the Company shall supersede this Terms of Use Agreement.
We reserve the right to change these Terms in any way and at any time. You agree to periodically check this Site for new information and terms that govern your use of this Site, and to read any changes to these Terms. Accessing the Site after any changes to these Terms become effective constitutes your acceptance of the new Terms. If you do not agree to these Terms or any future changes to these Terms, you must immediately discontinue any further use this Site.
© Nativo, Inc. 2018. All Rights Reserved.
Updated August 27, 2020
