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Terms
of use
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE
TERMS OF USE. IF YOU DON'T AGREE TO THESE TERMS
OF USE, PLEASE DON'T USE THIS SITE.
- The
Casiano.com website is owned and operated
by Casiano Communications Inc. (referred
to as "Casiano Communications" or "CCI").
Casiano.com or CCI have the right at any
time to change or discontinue any aspect
or feature of the site, including, without
limitation, the content, hours of availability,
and equipment needed for access or use of
the site.
- Acknowledgements.
- You
acknowledge you shall be responsible for
obtaining and maintaining all telephone,
computer hardware, and other equipment
needed for access to and use of the site
and all charges related thereto.
- The
website may contain links to other sites
operated by third parties ("Linked
Sites"). You acknowledge Casiano.com,
CCI, and their sponsors neither endorse
nor are affiliated with the Linked Sites.
You also acknowledge the respective owners
of the Linked Sites neither endorse nor
are affiliated with Casiano.com, CCI, or
their sponsors.
- Restrictions
on use.
- You
shall use the site for lawful purposes
only. You shall not post or transmit through
the site any material that violates or
infringes in any way upon the rights of
others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages
conduct that would constitute a criminal
offense, gives rise to civil liability
or otherwise violate any law. Without Casiano.com's
or CCI's express prior approval, you shall
not post or transmit through the site any
material that contains advertising or any
solicitation with respect to products or
services. You shall not use the site to
advertise or perform any commercial solicitation,
including, without limitation, the solicitation
of users to become subscribers of other
online information services competitive
with the site. Any conduct by you that
in Casiano.com's or CCI's discretion restricts
or inhibits any other user from using or
enjoying the site will not be permitted.
- The
site contains copyrighted material, trademarks,
and other proprietary information, including,
without limitation, text, software, photos,
video, graphics, music and sound, and the
contents of the site are copyrighted under
United States copyright laws. You may not
modify, publish, transmit, display, participate
in the transfer or sale, create derivative
works, or in any way exploit any of the
content, in whole or in part. You may download
one copy of any copyrighted material for
your personal, noncommercial home use only.
Except as otherwise expressly permitted
under copyright law, no copying, redistribution,
retransmission, publication, or commercial
exploitation of downloaded material will
be permitted without the express written
permission of Casiano.com or CCI and the
copyright owner. In the event of any permitted
copying, redistribution, or publication
of copyrighted material, no changes in
or deletion of author attribution, trademark
legend, or copyright notice shall be made.
You acknowledge you don't acquire any ownership
rights by downloading copyrighted material.
- You
shall not upload, post, or otherwise make
available on the site any material protected
by copyright, trademark, or other proprietary
right without the express permission of
the owner of the copyright, trademark,
or other proprietary right, and the burden
of determining that any material is NOT
protected by copyright rests with you.
You shall be solely liable for any damage
resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting
from such a submission. By submitting material
to any public area of the site, you automatically
grant, or warrant that the owner of such
material expressly has granted Casiano.com
or CCI the royalty-free, worldwide, perpetual,
irrevocable, nonexclusive right and license
to use, reproduce, modify, adapt, publish,
display, translate, and distribute such
material (in whole or in part) and / or
to incorporate it in other works in any
form, media, or technology now known or
hereafter developed. You also permit any
other user of the site to access, view,
store, or reproduce the material for that
user's personal use. You grant Casiano.com
or CCI the right to edit, copy, display,
publish, and distribute any material made
available on the site by you.
- The
foregoing provisions of Section 3 are for
the benefit of Casiano.com or CCI, its
subsidiaries, affiliates, and its third-party
content providers and licensors and each
shall have the right to assert and enforce
such provisions directly or on its own
behalf.
- Disclaimer
of warranty; limitation of liability.
- YOU
EXPRESSLY AGREE THAT USE OF THE SITE IS
AT YOUR SOLE RISK. NEITHER CASIANO.COM,
CCI, THEIR AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT
THE SITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE SITE, OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH THE SITE.
- THE
SITE IS PROVIDED ON AN "AS-IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION, OR MODIFICATION
UNDER APPLICABLE LAW. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE SITE.
- THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INACCURACY,
INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF THIS SITE, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING
STRICT LIABILITY), NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE CCI IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD PARTIES AND THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
- IN
NO EVENT WILL CASIANO.COM, CCI, OR ANY
PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITE OR
THE CONTENT INCLUDED THEREIN, BE LIABLE
IN CONTRACT, IN TORT (INCLUDING FOR ITS
OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL
THEORY (INCLUDING STRICT LIABILITY) FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS
OR REVENUE, LOSS OF USE OR SIMILAR ECONOMIC
LOSS, ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SITE. YOU HEREBY ACKNOWLEDGE
THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL
CASIANO.COM'S OR CCI'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
ITS OWN NEGLIGENCE) OR UNDER ANY OTHER
LEGAL THEORY (INCLUDING STRICT LIABILITY)
EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THIS SITE.
- Casiano.com
or CCI shall have the right, but not the
obligation, to monitor the content of the
site (including chat rooms and forums), to
determine compliance with these conditions
of use and any operating rules established
by Casiano.com or CCI and to satisfy any
law, regulation, or authorized government
request. Casiano.com or CCI shall have the
right in its sole discretion to edit, refuse
to post, or remove any material submitted
to or posted on the site. Without limiting
the foregoing, Casiano.com or CCI shall have
the right to remove any material Casiano.com
or CCI, in its sole discretion, finds to
be in violation of the provisions hereof
or otherwise objectionable.
- You
agree to defend, indemnify, and hold harmless
Casiano.com or CCI and its affiliates and
their respective directors, officers, employees,
and agents from and against any and all claims,
actions, demands, damages, costs, liabilities,
losses, and expenses (including reasonable
attorneys' fees) arising out of your use
of the site.
- Trademarks:
Casiano.com, CCI, and Casiano Communications
Inc. and each of their logos are trademarks
of Casiano Communications Inc. All rights
reserved. All other trademarks appearing
on the site are the property of their respective
owners.
- Third-party
content: Casiano.com distributes its own
content and / or that which is supplied by
CCI or its affiliates, as well as content
supplied by third parties and users of the
site. Casiano.com and / or CCI have no more
editorial control over content supplied by
third parties or users than a public library,
bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information
or content expressed or made available by
third parties, including information providers
and users, are those of the respective author(s)
or distributor(s) and not of Casiano.com
or CCI. In many instances, the content available
through the site represents the opinions
and judgments of the respective information
provider or user. Casiano.com and CCI neither
endorse nor are responsible for the accuracy
or reliability of any opinion, advice, or
statement made on the site by anyone other
than authorized Casiano.com or CCI employee
spokespersons while acting in their official
capacities.
- Conduct:
While using the website, you agree NOT to:
- Restrict
or inhibit any other member from using
and enjoying the site;
- Post
or transmit any unlawful, fraudulent, threatening,
abusive, libelous, defamatory, obscene,
or otherwise objectionable or harmful information
of any kind;
- Without
Casiano.com's or CCI's prior written approval,
post or transmit any advertising, promotion,
or solicitation of goods or services for
commercial purposes;
- Post
or transmit any information or software
that contains a virus, worm, time bomb,
Trojan horse, or other harmful or disruptive
component;
- Post
or transmit materials in violation of another
party's copyright or intellectual property
rights;
- Use
the site for any commercial or unlawful
purposes;
- Modify,
adapt, sublicense, translate, sell, reverse
engineer, decompile, or disassemble any
portion of the site;
- Transmit
chain letters, junk or bulk e-mail or spam
(commercial or otherwise); or
- Harvest
or collect information about other site
members without their consent.
- Viruses:
Casiano.com and CCI also assume no responsibility,
and shall not be liable for, any damages
to, or viruses that may infect, your computer
equipment or other property on account of
your access to, use of, or browsing in the
website or your downloading of any materials,
data, text, images, video, or audio from
the site.
- Software
and other materials from this website also
may be subject to United States Export Control.
U.S. export control laws prohibit the export
of certain technical data and software to
certain territories. No software from this
website may be downloaded or exported (1)
into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or
any other country to which the United States
has embargoed goods; or (2) anyone on the
U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. Casiano.com
and / or CCI don't authorize the downloading
or exportation of any software or technical
data from this site to any jurisdiction prohibited
by U.S. export laws.
- Business
associates: The business associates of CCI
identified on this website are independent
contractors of Casiano.com and / or CCI.
The business associates aren't joint ventures
or partners of Casiano.com or CCI. No employee
or representative of the business associates
is under control of Casiano.com or CCI.
- Changed
conditions: Casiano.com and CCI have the
right at any time to change or modify the
terms and conditions applicable to use of
the site, or any part thereof, or to impose
new conditions, including, without limitation,
adding fees and charges for use. Such changes,
modifications, additions, or deletions shall
be effective immediately upon notice thereof,
which may be given by any means, including,
without limitation, posting on the site,
or by electronic or conventional mail, or
by any other means. Any use of the site by
you after such notice shall be deemed to
constitute acceptance of such changes, modifications,
additions, or deletions.
- Other:
These terms of use constitute the entire
agreement of the parties with respect to
the subject matter hereof and supersede all
previous written or oral agreements between
the parties with respect to such subject
matter. These terms of use shall be construed
in accordance with the laws of the Commonwealth
of Puerto Rico, without regard to its conflict
of laws rules. You hereby consent to the
personal jurisdiction of the Commonwealth
of Puerto Rico, acknowledge that venue is
proper in any U.S. state or federal court
in the Commonwealth of Puerto Rico, agree
any action related to these terms of use
must be brought in a U.S. state or federal
court in the Commonwealth of Puerto Rico,
and waive any objection that may exist, now
or in the future, with respect to any of
the foregoing. No waiver by either party
of any breach or default hereunder shall
be deemed to be a waiver of any preceding
or subsequent breach or default. The section
headings used herein are for convenience
only and shall not be given any legal import.
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