Terms & Conditions

Terms of Use

This Terms of Use Agreement (these "Terms") is a legally binding agreement that governs your access and use of our website located at www.nativo.net (this "Site"), its content and services (the "Services") offered by Nativo, Inc., a Delaware corporation (the "Company," "we" or "us"). By accessing this Site or using any Services, you acknowledge that you have read, understand and agree to be legally bound by these Terms.

Right to Use Site and Services

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 and the Services for its intended purposes only. You agree that you may not use the Services for any other purpose, or copy or distribute this Site or the Services except as specifically allowed in these Terms. Your use of this Site and the Services is conditioned upon your continued full compliance with these Terms. Any use of the Services in violation of these Terms will be treated as an infringement of the Company's copyrights in and to this Site and/or the Services. We reserve the right to terminate your access and use of this Site and the Services without notice if you violate these Terms.

Right to Terminate or Change Services

We reserve the right to change, modify or limit the Services or the features on this Site at any time, without or without notice to you, without liability. We also reserve the right to temporarily suspend or permanently discontinue this Site, the Services, or any portion of the Services, at any time, with or without notice to you, without liability. You agree that these Terms will survive the termination of this Site or the Services for any reason.

Our Intellectual Property Rights

Nativo, Inc. and its related and affiliated companies (including Cie Digital Labs, LLC, Cie Games, Inc. and Cie Studios, Inc.) 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 and the Services, 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 or the Services 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 and the Services , 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 or the Services. 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 or the Services. You agree not to copy, redistribute, publish or otherwise exploit material from this Site or the Services, except as expressly permitted herein, without our prior written permission.

User Account and Password

The Services may be offered to you through access to this Site, provided that you open an account ("Account") directly with us by completing the registration process and providing true, accurate, current and complete information about yourself ( "Registration Data"). You agree to promptly update the Registration Data, which may include a current email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your current or future use of this Site and the Services.

You are responsible for maintaining the confidentiality of your Account information (including passwords and user name) and are responsible for any and all activities that occur under your Account. You are also liable for any losses or damages incurred by us, any other users of the Services, or any other parties resulting from someone else using your Account, with or without your knowledge. You must notify us immediately of any unauthorized use or theft of your Account or other breach of security. Your Account may be terminated if someone else uses it to engage in activity that violates these Terms or is otherwise improper or illegal.

Data Collection

By accessing and using this Site or the Services, our servers automatically collect and store certain information about you, including the name of the domain from which you accessed the Internet, the date and time you accessed this Site, the Internet address of the web site you used to link to this Site, your IP address, hard drive serial number, browser type and language. We use this information for authentication, copy protection, account blocking, system management and other purposes. We may also use software programs to gather and assess certain information, including the number of visitors to different sections of this Site, what information is of most and least interest, the need for technical design specifications, and to identify system performance or problem areas. For website security purposes, and to ensure that this Site remains available to all users, we also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Finally, we may use built-in tracking features or a technology known as "cookies" to send a small file to your computer that uniquely identifies your browser to obtain information regarding your use of this Site and the Services.

Privacy

We respect your privacy. Please read our Privacy Policy at www.nativo.net/privacypolicy carefully for information relating to the collection and use of personal information. 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 do not have permission to use the Services and you must immediately discontinue use of this Site and the Services.

Your Responsibilities

You are legally responsible and liable for all of your activities using this Site and the Services.

We reserve the right to determine what conduct may be a violation and to take appropriate action as we consider necessary, including termination of your Account and exclusion from further use of the Services. By accessing and using this Site and the Services, you agree that you will not engage in, attempt or encourage any of the following activities:

  • Cheat, or use, launch, develop, or distribute any program or applications which are designed to hack, crack, interfere with, disrupt, or modify the intended operation and use of the Services;
  • Upload, disseminate or transmit files that contain viruses, spyware, adware, corrupted files or data, or any other similar invasive software or programs designed to damage, interrupt, destroy, or limit the functionality or disrupt the operation of this Site or the Services, any software, hardware, telecommunications, networks, servers or other equipment, or that launches any unauthorized script or other software;
  • Interfere with or circumvent any security feature of this Site or the Services or any feature that restricts or enforces limitations on use of or access to the Services;
  • Reproduce, transmit, sell, use or exploit this Site or the Services for any unintended purposes that are not expressly authorized in these Terms;
  • Use this Site or the Services for fraudulent transactions or for any purpose that violates any applicable federal, state, local, or foreign laws, regulations, ordinances or treaties;
  • Impersonate another person or user, create a false identity, trick, defraud or mislead the Company for any purpose;
  • Create an Account based on information that is untrue, inaccurate, not current or incomplete;
  • Copy, reproduce, translate, reverse engineer, modify, disassemble, decompile, reverse assemble, or attempt to discover any software (source code or object code) related to this Site or the Services, in whole or in part;
  • Modify, impair, disrupt, alter or interfere with the use, features, functions, operation or maintenance of this Site or the Services;
  • Use any third-party software or other means that intercepts, mines or otherwise collects information from or through this Site;
  • Frame or otherwise impose editorial comment, commercial material or any information on this Site, or cover, remove, obliterate, obscure or obstruct any notice, banner, advertisement, proprietary notices or labels, or any portion of this Site or the Services;
  • Remove, obscure, or alter notices of copyright, patent, trademark, or other proprietary rights affixed to this Site or the Services;
  • Sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any content appearing in this Site;
  • Attempt to use this Site or the Services on or through any service that is not controlled or authorized by the Company; or
  • Violate these Terms, any other applicable agreement or terms governing the access or use of the Services, or any federal, state or local, or international law, regulation, ordinance, or treaty.

Terminating Your Account

We reserve the right to terminate or suspend your Account or your access to any or all of this Site or the Services 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, the Services, and your Account. 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, the Services, and your Account for any reason.

No Warranties of Any Kind

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 the Services and this Site are 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).

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT NATIVO, INC., ITS RELATED OR AFFILIATED COMPANIES, SUBSIDIARIES, OTHER PARTIES AFFILIATED WITH THE SERVICES OR 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 OR THE SERVICES 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 OR THE SERVICES 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.

Indemnification by 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 or the Services; 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, the Services or your Account.

Limitations Period for Making Claims

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 rising out of or related in any way to your access or use of the Services, 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.

Injunctive Relief

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.

Governing Law and Jurisdiction

This Terms of Use Agreement and all aspects of this Site and the Services 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.

Making Copyright Infringement Claims

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 copyrighted work has been copied without your authorization and is available on or in this Site in a way that may constitute 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:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on this Site;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notice of any claimed copyright infringement must be submitted to the following designated agent for this Site:

Nativo, Inc.
Attn: Nativo Administrator
200 N. Sepulveda Blvd • Suite 850
El Segundo, California 90245
United States of America

Laws of Other Jurisdictions

The Company operates and controls this Site and the Services from locations within the State of California, United States of America. We make no representation that this Site or the Services is or will be appropriate or available in any other locations. This Site and the Services are 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 or the Services from outside the State California 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.

Entire Agreement

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 the Services, 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.

Changes to Terms of Use

We reserve the right to change these Terms in any way and at any time. We will attempt to give you advance notice of any change in these Terms by posting on this Site, or by sending a message informing you of the modified terms with a link to the posting on this Site. However, we reserve the right to make changes immediately, as appropriate determined in our sole discretion. You agree to periodically check this Site for new information and terms that govern your use of this Site and the Services, and to read any changes to these Terms. Accessing the Site or using the Services 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 do not have permission to use the Services and you must immediately discontinue any further use this Site.

© Nativo, Inc. 2011. All Rights Reserved.

Updated April 1, 2011