Terms of Use

Terms of Use

Updated on December, 2017

Terms of Use

This website is owned or managed by Pulpo Media, Inc., an Entravision company, and Luminar Insights (together referred to in this Privacy Policy as “Pulpo”, the “Company”, “us,” “our,” and “we”). As part of the Company’s services, we deliver advertisements from various advertisers across a network of online and mobile websites and applications that are owned or operated by us, our affiliates or third parties with whom we do business. Pulpo provides this Pulpo Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (this “Agreement”). This Agreement applies to the website located at http://www.pulpo.com/ and any other website owned or operated by Pulpo that links to this Agreement (each an “Pulpo Website”), as well as the services offered by Pulpo, including this Pulpo Website, Pulpo mobile services and any other features, content, services, or applications offered from time to time by Pulpo in connection with this Pulpo Website (collectively, the “Services”). Please read this Agreement carefully before using this Pulpo Website. Your use of this Pulpo Website constitutes your willingness to be bound by this Agreement without limitation, qualification or change. You are only authorized to access this Pulpo Website or to use the materials and Services contained in this Pulpo Website (regardless of whether your access or use is intended) if you will abide by all applicable laws and this Agreement. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Pulpo Website. This Agreement sets forth Pulpo’s policies with respect to its operation of the Pulpo Websites. In addition to this Agreement, we have established a Privacy Policy to explain how we collect and use information about you. A copy of the Privacy Policy can be found at [INSERT LINK] and is incorporated by reference into this Agreement. When accessing or using the Pulpo Website, you are also signifying your acknowledgement of our Privacy Policy. Other policies govern Pulpo’s non-Internet operations. This Pulpo Website is not intended for children under 16 years of age, and Pulpo does not knowingly collect or use any information from children under the age of 16. No one under the age of 16 may provide any information to or on the Website. Certain products or services offered by this and/or other Pulpo Websites and certain areas within this and/or other Pulpo Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or the Services. For example, if you wish to register for this Pulpo Website and make use of the Services, you must read this Agreement and indicate your willingness during the Registration process. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control. YOU MAY NOT USE ANY PULPO WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY PULPO WEBSITE MAY BE TERMINATED IMMEDIATELY IN PULPO’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Changes to this Agreement

In its sole discretion, Pulpo may modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Please review this Agreement and/or Additional Terms periodically for changes as you are bound by the version of this Agreement that exists whenever you access the Pulpo Website. Your continued use of the Pulpo Website and/or Service after Pulpo posts a revised Agreement constitutes your willingness to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Pulpo Website and/or the Service to which the changes may apply.

Access and Use

Materials contained in this Pulpo Website (“Site Content”) are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. Pulpo grants you a limited, revocable, non-transferable license to reproduce and display the Site Content (excluding any software code) on your computer and other electronic device solely for your personal use in connection with viewing this Pulpo Website and using the Services. This means that you may only view or download material from this Pulpo Website for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. The Services are for your personal use only and may not be used in connection with any commercial activities except those that are specifically approved by Pulpo. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, any unauthorized framing of this Pulpo Website or any unauthorized use of music and video embedded players is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice or explanation and may result in termination of account privileges. Pulpo may take appropriate legal action for any illegal or unauthorized use of the Services. Except for content posted by you, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale, or transmission of material from this Pulpo Website is STRICTLY PROHIBITED unless you have obtained the prior written consent of Pulpo or unless it is expressly permitted by this Pulpo Website. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Pulpo Website. The use of materials from this Pulpo Website on any other web site or networked computer environment is similarly prohibited. Also, except for content you post, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Pulpo Website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Fees

Except where otherwise provided, access to and use of this Pulpo Website and the Services offered through this Pulpo Website are currently available without charge. Pulpo may charge a fee for access to or use of this Pulpo Website, or any Service available on this Pulpo Website at any time in the future. Your access to or use of this Pulpo Website prior to the imposition of a fee does not entitle you to the continued use of this Pulpo Website without charge in the future.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS PULPO WEBSITE AND/OR PULPO INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS PULPO WEBSITE OR PULPO INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. PULPO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PULPO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. PULPO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS PULPO WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. PULPO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS PULPO WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. PULPO IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR PULPO INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Software Available Through Pulpo Websites

Any software that is made available to view and/or download in connection with an Service (the “Software”) is owned or controlled by Pulpo and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Pulpo is not responsible or liable in connection with any Software owned or controlled by third parties, and makes no representation or warranty that the Software is free of defects, bugs, malicious code, adware, spyware, viruses or other harmful conditions. With respect to the Software, you may not modify, enhance, or otherwise alter in any way any portion of the Software or its underlying technology. This restriction includes disabling or otherwise modifying the Software in a manner that enables users to view the Pulpo Website Content without using the Software. Also, you may not embed the Software on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive.

Third-Party Merchants

This Pulpo Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Pulpo. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Pulpo does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Pulpo is not a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Service.

Modification/Termination by Pulpo

Pulpo may, in its sole discretion, modify, suspend, or terminate this Pulpo Website and/or any portion thereof, including any Service, and/or your account, password, or use of any Service, or any portion thereof, at any time for any reason with or without notice to you. Termination of your account for an Service removes your authorization to use the Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Pulpo shall not be liable to you or any third-party for any termination of your access to an Service.

Employment Opportunities

Pulpo may, from time to time, post Pulpo employment opportunities on the Pulpo Website and/or invite users to submit resumés to the Pulpo Website. If you choose to submit your name, contact information, resume and/or other personal information to Pulpo in response to employment listings, you are authorizing Pulpo to utilize this information for all lawful and legitimate hiring and employment purposes. Pulpo also may, in its sole discretion, forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Pulpo Website shall constitute a promise by Pulpo to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Pulpo Website constitute a promise that Pulpo will review any or all of the information submitted to it by users, or that the job posted will still exist at the time your resume is received or reviewed.

Limitations on Liability

In no event shall Pulpo, its subsidiaries, affiliates, distributors, suppliers, licensors, directors, officers, employees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Pulpo Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Pulpo Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Pulpo Website or any information, software, products, services, and related graphics obtained through the Pulpo Website; (vi) any transactions entered into through this Pulpo Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Pulpo Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Pulpo Website and Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Pulpo has been advised of the possibility of damages.

Indemnification

You will indemnify, defend, and hold harmless Pulpo, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Pulpo Website and any related Service and/or software and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on this Pulpo Website or through the Services causes Pulpo to be liable to another. Pulpo may take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Pulpo in asserting any available defenses.

International Use/U.S. Export Controls

Accessing materials on this Pulpo Website by certain persons in certain countries may not be lawful, and Pulpo makes no representation that materials on this Pulpo Website are appropriate or available for use in locations outside the United States. If you choose to access this Pulpo Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States controls the export of any software downloadable from this Pulpo Website. No software or any other materials associated with this Pulpo Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from an Pulpo Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

Personalization

Although you may use many features of this Pulpo Website without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as listener clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age), or any other information defined as personal data or personally identifiable information under an applicable law (“Personal Data”) You must provide that information in order to receive the benefits of registration or of the special service. We may use the contact information you give us to better tailor your website experience to your interests, and to send you information about Pulpo and its services as well as promotional material on behalf of some of our partners. We use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within the Pulpo family in order to enhance your experience on this and other Pulpo Websites. In addition, Pulpo collects other non-Personal Data including, aggregate user data and browser type. This data may be used to manage and improved the Services, track usage and for security and monitoring purposes. We may share this information with advertisers or other third parties that are not part of the Pulpo family on an aggregate or other basis that does not disclose your identity or contact information.

Legal Process

You should be aware that Pulpo might be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.

Leased Content

No third-party licensor shall have any liability for the accuracy or completeness of its materials that appear on this Pulpo Website, or any component thereof or for delays, lack of authenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Third-party licensors have exclusive proprietary rights to the information received via its materials that appear on this Pulpo Website. You shall not use or permit anyone to use the information provided by such third-party licensor through this Pulpo Website for any unlawful or unauthorized purpose. You are not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the third-party licensor of such information. Provision of the information on this Pulpo Website is subject to termination if any agreement between a third-party licensor and a provider of information distributed through the Pulpo Website is terminated. The third-party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for any decisions based on the information provided hereby.

General Information

This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Pulpo brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Pulpo Website and/or the Privacy Policy, shall be brought only in either the state or Federal courts located in Los Angeles, California. You will submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of this Agreement. You must file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred. If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or unenforceable, for any reason, including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Pulpo with respect to the use of this Pulpo Website and shall not be modified except in writing, signed by an authorized representative of Pulpo. If you have any questions concerning this Agreement, you may send them by email to legal@entravision.com You must send any official correspondence via postal mail to: General Counsel c/o Legal Department Entravision Communications Corporation 2425 Olympic Boulevard Suite 6000 West Santa Monica, CA 90404

Other Foreign Nations

This Pulpo Website is governed by and operated in accordance with the laws of the United States of America and is intended for enjoyment of residents of the United States. Pulpo makes no representation that this Pulpo Website is governed by or operated in accordance with the laws of other nations. By using this Pulpo Website and submitting any Personal Data, visitors from outside of the United States acknowledge that this Pulpo Website is subject to U.S. law, consent to the transfer of their data and information to the United States, and waive any claims that may arise under the law of their own nation.

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property

The Pulpo Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Pulpo logos, titles, characters, names, graphics and button icons (collectively the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Pulpo Intellectual Property is owned or controlled by Pulpo or by third parties that have provided material to the Pulpo Website. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Pulpo Website, in whole or in part, without the express written permission of Pulpo. Other trademarks, service marks, product names and company names or logos appearing on this Pulpo Website that are not owned by Pulpo may not be used without express permission from their owners. Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Pulpo Website, or frame any page of this Pulpo Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Pulpo Website in an email for commercial purposes, without the express written permission of Pulpo. You may inquire about obtaining permission by writing: General Counsel c/o Legal Department Entravision Communications Corporation 2425 Olympic Boulevard Suite 6000 West Santa Monica, CA 90404 In addition, you may send them by email to legal@entravision.com

Copyright Infringement

Pulpo respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (“DMCA”) regarding such rights. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows: General Counsel c/o Legal Department Entravision Communications Corporation 2425 Olympic Boulevard Suite 6000 West Santa Monica, CA 90404 In addition, you may send written notification by email to legal@entravision.com Pursuant to 17 U.S.C. §512(c), to be effective, the Notification must include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pulpo to locate the material. Information reasonably sufficient to permit Pulpo to contact the complaining party, such as an address, telephone number, and, if available, an email address. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 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. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
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