EULA

End User License Agreement

The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and LatinosNC Llc, and its affiliates (“LatinosNC”). This EULA governs your use of Software and Services (as specified below).

For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by LatinosNC or its affiliates including, but not limited to mobile Apps, downloadable/installable App for personal computer, and Web Services accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.

“Services” means all services made available by LatinosNC, including but not limited to services accessed through mobile apps, by means of a browser or by other online communication method.

Software and Services are collectively referred to as “LatinosNC Services”.

THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE LATINOSNC SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE LATINOSNC SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.

If you do not accept the terms of this EULA, do not install, use or access the LatinosNC Services.

1. Licenses

SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, LatinosNC hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for streaming on a single computer or smart device, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

SERVICE LICENSE. Subject to this EULA and its terms and conditions, LatinosNC hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by LatinosNC, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.

LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or LatinosNC’s termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.

OWNERSHIP; NO OTHER LICENSES. LatinosNC retains all right, title and interest in and to the LatinosNC Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The LatinosNC Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the LatinosNC Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from LatinosNC. All rights not expressly granted to you herein are reserved by LatinosNC.

2. Third party services

LatinosNC Services may include links to third party services and/or the third party services may be made available to you via LatinosNC Services. These services may include, but are not limited to Streaming and sharing, social medial connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.

3. General license conditions

You agree not to:

  • Commercially exploit the LatinosNC Services;
  • Distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the LatinosNC Services, any copies thereof, or any passwords or usernames of Latinos Services, without the express prior written consent of LatinosNC or as set forth in this EULA;
  • Make a copy of the LatinosNC Services or any part thereof, including but not limited to Software (other than as set forth herein);
  • Make the LatinosNC Services publicly available or available on a network for use or download by multiple users;
  • Except as otherwise specifically provided by the LatinosNC Services or this EULA, use or install the LatinosNC Services (or permit others to do same) on a network, for on-line use, or on more than one computer or app unit at the same time;
  • Use or copy the LatinosNC Services at a computer center, CyberCafe or any other location-based site; provided, that LatinosNC may offer you a separate site license agreement to make the LatinosNC Services available for commercial use;
  • Reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the LatinosNC Services, in whole or in part;
  • Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the LatinosNC Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
  • Misrepresent the source of ownership of the LatinosNC Services;
  • Transport, export or re-export (directly or indirectly) into any country forbidden to receive such LatinosNC Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time;
  • Scrape, build databases or otherwise create permanent copies of content returned from the LatinoNC Services.

However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only.

The LatinosNC Services may include measures to control access to the LatinosNC Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only LatinosNC Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the LatinosNC Services will not function properly.

The LatinosNC Services may allow you to create content, including but not limited to post, comments, fill forms. In exchange for use of the LatinosNC Services, and to the extent that your contributions through use of the LatinosNC Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant LatinosNC an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to LatinosNC’s and other users’ use and enjoyment of such assets in connection with the LatinosNC Services and related goods and services under applicable law. This license grant to LatinosNC, and the above waiver of any applicable moral rights, survives any termination of this EULA.

The LatinosNC Services may require an internet connection to access the LatinosNC Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the LatinosNC Services to operate properly, you may be required to have and maintain

(a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to LatinosNC Services. By using the LatinosNC Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the LatinosNC Services or certain features of the LatinosNC Services may not operate or may cease to function properly, either in whole or in part.

4. Information collection and use; Privacy policy

By installing, accessing or using the LatinosNC Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.

LatinosNC respects your privacy rights and recognizes the importance of protecting any information collected about you. LatinosNC’s privacy policy as amended from time to time is available at LatinosNC.com/privacy (“Privacy Policy”) and applicable to this EULA. LatinosNC’s Privacy Policy defines how, why and to which extent LatinosNC collects and uses personal and non-personal information in relation to LatinosNC’s products and services. By installing, accessing or using the LatinosNC Services you explicitly agree with the terms and conditions of LatinosNC’s Privacy Policy and to any terms and conditions included therein by reference.

5. Payments and purchases of virtual goods

LatinosNC may license to you certain virtual goods to be used within LatinosNC Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.

Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Also please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and LatinosNC is not a party to the transaction.

LatinosNC may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. LatinosNC shall have no liability to you or any third party in the event that LatinosNC exercises any such rights.

SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT LATINOSNC IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.

6. Warranty

6.1 No Warranties

NOTWITHSTANDING THE LATINOSNC SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. LATINOSNC, LATINOSNC’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LATINOSNC, LATINOSNC’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE LATINOSNC SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE LATINOSNC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE LATINOSNC SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER LATINOSNC SERVICES OR THAT ANY ERRORS IN THE LATINOS SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY LATINOSNC, LATINOSNC’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

7. Limitations of liability

IN NO EVENT WILL LATINOSNC, LATINOSNC’S AFFILIATES, LATINOSNC’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE LATINOSNC SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT LATINOSNC, LATINOS’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, LATINOSNC’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8. Other terms and conditions

TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any LatinosNC Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client device or computer on which it has been installed.

INDEMNITY: You agree to indemnify, defend and hold LatinosNC, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the LatinosNC Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.

MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. LatinosNC reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Latinos’s website. You will be deemed to have accepted such changes by continuing to use the Latinos Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of Finland without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.

The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at LatinosNC’s discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Finland Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland, in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST LATINOSNC ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT info@latinosnc.com.