Pushudo Terms of Use

The following Terms of Use outline your obligations when using the Pushudo website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide.

1. Acceptance of Terms

The web pages available at www.pushudo.com, and all linked pages (“Site”), are owned and operated by Interrobang,LLC (Pushudo), a Florida Corporation, and is accessed by you under the Terms of Use described below (“Terms of Use”).

By accessing this Site or using any part of the Site or any content or service (as each is defined below) on the Site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services in the Site. Pushudo’s acceptance is expressly conditioned upon you assent to all of these terms and conditions, to the exclusion of all other terms, if these terms and conditions are considered an offer by Pushudo, acceptance is expressly limited to these terms.

2. Modifications of Terms of Use

Pushudo reserves the right, at its sole discretion, to modify or replace the terms of use at any time. If the alterations constitute a material change of the terms of use, Pushudo will notify you by posting an announcement on the Site, and/or sending a system-wide e-mail, as described in the Privacy Policy. What constitutes a “material change” will be determined at Pushudo’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. Description of Service

Subject to full compliance with the Terms of Use, Pushudo may offer to provide certain services and content, as described more fully on the Site, (“Services”). Services shall include, but not limited to, any service and content Pushudo performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site of through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips, and video clips, also known as the “Content”). Pushudo may change, suspend or discontinue the Services including any content for any reason, at any time, including the availability of any feature of content. Pushudo may also impose limited on certain features or restrict your access to parts of all of the Services without notice or liability.

4. Your registration Obligations

As a condition to using Services, you are required to register with Pushudo and select a password and account name (“Pushudo Account ID”). You shall provide Pushudo with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Pushudo account. You may not (i) select or use a Pushudo Account ID with the intent to impersonate that person; (ii) use a Pushudo Account ID subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Pushudo Account Name that is otherwise offensive, vulgar or obscene. Pushudo reserves the right to refuse registration of, or cancel a Pushudo Account ID in its discretion, including banning all e-mail addresses consolidated within the Pushudo Account ID. You shall be responsible for maintaining the confidentiality of your Pushudo password.

5. User Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonable intended by Pushudo.

By way of example, and not as a limitation, you agree not to use the Services:

1) to abuse, harass, threaten, impersonate or intimidate other Pushudo users;
2) to post transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party;
3) for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
4) to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Pushudo user.
5) to create or submit unwanted email (“Spam”) to any other Pushudo user or any URL;
6) to violate any laws in your jurisdiction (including but not limited to copyright laws);
7) to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8) with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
9) with the intention of artificially inflating or altering the ‘Pushudo Juice’ or any other Pushudo service, including by way of creating separate user accounts for the purpose of artificially altering Pushudo’s services;
10) to advertise to, or solicit, any user to buy or sell any product or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, or sell to any user without their prior explicit consent;
11) attempt to impersonate another user or person;
12) sell or otherwise transfer your profile.

Pushudo may remove any Content and Pushudo accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: ReportNoobs@pushudo.com

You are solely responsible for your interactions with other users of the Site. Pushudo reserves the right, but has no obligation, to monitor disputes between you and others.

6. Content Submitted or Made Available for Inclusion on the Service

By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the

Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain

7. Copyright Complaints

Pushudo respects the intellectual property of others. It is Pushudo’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. Pushudo will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Pushudo may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Pushudo will terminate access for subscribers and account holders who are repeat infringers.

Notifying Pushudo of copyright infringement: To provide Pushudo notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of ReportNoobs@pushudo.com that sets forth the information specified by the DMCA (http://www.copyright.gove/title17/92chapt5.html#512). Please note that you may not be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

Providing Pushudo with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Pushudo with a counter notification by written communication to the attention of “DMCA Count Notification Dept.” at ReportNoobs@Pushudo.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gove/title17/92chapt5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyright of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney.

8. Pushudo Privacy Policy

Pushudo’s current privacy policy is available at www.pushudo.com/privacy (the “Privacy Policy”), which is incorporated by this reference.

9. Indemnity

You will indemnify and hold harmless Pushudo, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the services, violation of the terms of use by you, or the infringement by you, or any third party using your account or Pushudo Account ID, of any intellectual property or other right of any person or entity.

10. Warranty Disclaimers

You acknowledge that Pushudo has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Pushudo from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing information that some people may find offensive or inappropriate. Pushudo makes no representations concerning any content contained in or accessed through the Site or Services, and Pushudo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained or accessed through the Site or the Services. The Service, Content and Site are provided on an “As Is” basis, without warranties or any kind, either express or implied, including, without limitation, implied warranties or merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

11. Links

The Services may provide, or third parties may provide links to other World Wide Web sites or resources. Because Pushudo has no control over such sites and resources, you acknowledge and agree that Pushudo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Pushudo shall not be responsible or liable, directly, or indirectly, for any damage or less caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource.

12. Termination

Pushudo may terminate or suspend any and all Services and your Pushudo account immediately, without prior notice or liability, if you breach any of the terms of conditions of the Terms of Use. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Pushudo account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Limitation of Liability

In no event shall Pushudo or its suppliers by liable under contract, tort, strict liability, negligence or other legal theory (i) with respect to the site, the service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

14. Trademarks

Pushudo, Pushudo It, Pushudoed and other Pushudo graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Pushudo in the U.S. and/or other countries. Pushudo’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the Pushudo icon pack may be used by partner and third party sites in connection with providing appropriate “Pushudo It” links to the Pushudo site.

15. Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Pushudo in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Pushudo shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pushudo’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including ‘line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable, or sublicensable by you except with Pushudo’s prior written consent. Pushudo may transfer, assign, or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, as if made within Florida between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Miami-Dade County and the United States District Court for the Southern District of Florida. Notwithstanding the foregoing sentence, (but without limiting Pushudo’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with NAF, National Arbitration Forums. The arbitrator shall be selected by join agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator afficliated with NAF, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Miami, Florida using the English language and pursuant to the rules of NAF. In any action or proceeding to enforce rights under the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

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