Effective
Date: April 14, 2007
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE
OF THIS SITE CAREFULLY.
We welcome you to our Web Site RadiografíaMundial.com
(“Site”, “Sites”, “RadiografíaMundial”,
“Web Site, “Website”). This Site is owned
and operated by RadiografíaMundial.com, Corp. By using
this Site, you agree to be bound by these terms of service and
to use the Site in accordance with these terms of service, our
Privacy Policy, and any additional terms and conditions that
may apply to specific sections of the Site or to products and
services available through this Site. Accessing the Sites, in
any manner, whether automated or otherwise, constitutes use
of the Site and your agreement to be bound by these terms of
service. These Terms of Service apply to all users of the RadiografíaMundial.com
Website, including users who are also contributors of video
content, information, and other materials or services on the
Website.
We
reserve the right to change these Terms of Service or to impose
new conditions on use of the Site, from time to time, in which
case we will post the revised Terms of Service on this Web Site.
By continuing to use the Site after we post any such changes,
you accept the terms of service, as modified. If you do not
wish to be bound by this Agreement after you have read it, please
leave the Site. If you remain on this Site, or return thereafter,
you agree to be bound by this agreement.
1. Responsible conduct. You agree to act responsibly at our
Website and to treat other visitors with respect.
2.
Limited License/Copyright and Intellectual Property Rights.
The content on the RadiografíaMundial.com Website, except
all User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to RadiografíaMundial.com,
subject to copyright and other intellectual property rights
under United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information
and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purposes whatsoever without
the prior written consent of the respective owners. RadiografíaMundial.com
reserves all rights not expressly granted in and to the Website
and the Content. You agreed do not engage in the use, copying,
or distribution of any of the Content other than expressly permitted
herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for
any commercial purposes. If you download or print a copy of
the Content for personal use, you must retain all copyright
and other proprietary notices contained therein. You agred not
to circumvent, disable or otherwise interfere with security
related features of the RadiografíaMundial.com Website
or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the RadiografíaMundial.com
Website or the Content therein.
3. User Submissions.
a. The RadiografíaMundial.com Website may now or in the
future permit the submission of videos or other communications
submitted by you and other users ("User Submissions")
and the hosting, sharing, and/or publishing of such User Submissions
for our different services. You understand that whether or not
such User Submissions are published, RadiografíaMundial.com
does not guarantee any confidentiality with respect to any submissions.
b. You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant
that:
(i) You own or have the necessary licenses, rights, consents,
and permissions to use and authorize RadiografíaMundial.com
to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all User Submissions to
enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service.
(ii) You have the written consent, release, and/or permission
of each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of
the User Submissions in the manner contemplated by the Website
and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by submitting
the User Submissions to RadiografíaMundial.com, you hereby
grant RadiografíaMundial.com a worldwide, non-exclusive,
royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display,
and perform the User Submissions in connection with the RadiografíaMundial.com
Website and RadiografíaMundial's (and its successor's)
business, including without limitation for promoting and redistributing
part or all of the RadiografíaMundial.com Website (and
derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the RadiografíaMundial.com
Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and under
these Terms of Service. The foregoing license granted by you
terminates once you remove or delete a User Submission from
the RadiografíaMundial.com Website.
c. In connection with User Submissions, you further agreed that
you will not:
(i) submit material that is copyright, protected by trade
secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner
of such rights or have permission from their rightful owner
to post the material and to grant RadiografíaMundial.com
all of the license rights granted herein.
(ii) publish falsehoods or misrepresentations that could damage
RadiografíaMundial.com or any third party.
(iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially
or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate.
(iv) Post advertisements or solicitations of business that normally
fall into classified ad category.
(v) Impersonate another person. RadiografíaMundial.com
does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and RadiografíaMundial.com
expressly disclaims any and all liability in connection with
User Submissions. RadiografíaMundial.com does not permit
copyright infringing activities and infringement of intellectual
property rights on its Website, and RadiografíaMundial.com
will remove all Content and User Submissions if properly notified
that such Content or User Submission infringes on another's
intellectual property rights. RadiografíaMundial.com
reserves the right to remove Content and User Submissions without
prior notice. RadiografíaMundial.com will also terminate
a User's access to its Website, if they are determined to be
a repeated infringer. A repeated infringer is a User who has been
notified of infringing activity more than twice and/or has had
a User Submission removed from the Website more than twice.
RadiografíaMundial.com also reserves the right to decide
whether Content or a User Submission is appropriate and complies
with these Terms of Service for violations other than copyright
infringement and violations of intellectual property law, such
as, but not limited to, pornography, obscene or defamatory material,
or excessive length. RadiografíaMundial.com may remove
such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any
time, without prior notice and at its sole discretion.
d. Additional information on Video Site usage:
Any video that you submit to the RadiografíaMundial.com
Sites may be redistributed through the Internet and other media
channels, and may be viewed by the general public.
A. Personal Information.
i. Non-Account Activity. You can watch videos on RadiografíaMundial.com
without having a RadiografíaMundial.com Account.
ii. Account-Related Activity. Certain other activities on RadiografíaMundial.com——like
uploading videos, posting comments, or watching restricted videos——require
you to have a RadiografíaMundial.com Account. We ask
for some personal information when you create a RadiografíaMundial.com
Account or, including
your email address and a password, which is used to protect
your account from unauthorized access. A RadiografíaMundial.com
Account allows you to access many of our services that require
registration.
iii. Usage Information. We may record information about your
usage, such as when you use RadiografíaMundial.com, the
channels, groups, and favorites you subscribe to, the contacts
you communicate with, and the frequency and size of data transfers,
as well as information you display or click on in RadiografíaMundial.com
(including UI elements, settings, and other information). If
you are logged in, we may associate that information with your
account. We may use clear GIFs (a.k.a. "Web Beacons")
in HTML-based emails sent to our users to track which emails
are opened by recipients.
iv. Content Uploaded to Site. Any personal information or video
content that you voluntarily disclose online (on discussion
boards, in messages and chat areas, within your playback or
profile pages, etc.) becomes publicly available and can be collected
and used by others.
4. Discussion boards, Videos, and other self-publishing third-party
products. Although we do not have any obligation to monitor
these services, or this self-published content, we reserve the
right at all times to remove any information or materials that
are unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane, indecent or otherwise objectionable
to us in our sole discretion and to disclose any information
necessary to satisfy the law, regulation, or government request.
We also reserve the right to permanently block any user who
violates these terms and conditions.
5. Links. We may provide links from our Site to other sites
as a convenience to our visitors. We have no control over linked
sites and make no representations about any content or material
available at these locations. Links are not intended to imply
sponsorship, affiliation or endorsement.
6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF
THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT
YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR
ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY
USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER WE NOR
ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS SITE SHALL
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES.
7. Indemnity. You agree to defend, indemnify and hold us harmless,
and our officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's
fees) arising from:
(i) Any breach by you of any of these terms
and conditions.
(ii) Your content and materials.
(iii)
Your use of materials or features available on the Sites (except
to the extent a claim is based upon infringement of a third
party right by materials created by us).
(iv)
A violation by you of applicable law or any agreement or terms
with a third party to which you are subject.
8. Modifications/ Termination. The terms of this agreement will
not be modified on an individual basis. You agree that we may
modify the terms of this agreement (or discontinue this Site)
in our sole discretion, without advance notice, and that your
right to access this Site is conditioned on an ongoing basis
with your compliance with the then-current version of these
terms and conditions. You should therefore visit this page frequently.
9. Jurisdiction. This Web Site is hosted on servers located
in the United States. In the event of any dispute arising out
of or relating to this site, you agree that the exclusive venue
for litigating disputes shall be in state or federal court in
Miami, Florida, U.S.A.
10. Digital Millennium Copyright Act ("DMCA") Notice.
Materials may be made available via the sites from third parties
not within our control. We are under no obligation to, and do
not, scan content used in connection with our Site(s) for the
inclusion of illegal or impermissible content. However, we respect
the copyright interests of others. It is our policy not to permit
materials known by us to infringe another party's copyright
to remain on our Site(s).
If
you believe any material on our Site(s) infringe a copyright,
you should provide us with written notice that at a minimum
contains the following (see 17 U.S.C 512(c)(3):
a) A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed.
b) Identification of the copyright work claimed to have been
infringed, or, if multiple copyright works at a single online
site are covered by a single notification, a representative
list of such works at that site.
c) 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 us to locate the material.
d) Information reasonably sufficient to permit us to contact
the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted.
e) 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.
f) 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.
All DMCA notices should be sent to our designated agent as follows:
Copyright Infringement Dept.
Radiografía
Mundial.com, Corp.
P.O.Box 350276
Miami, FL, 33135