THESE TERMS AND CONDITIONS (THE “USER AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND JOSPINAORTIZ.COM, GOVERNING YOUR ACCESS TO AND USE OF THE JOSPINAORTIZ.COM WEBSITE (THE “WEBSITE”). YOUR ACCESS AND USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE USER AGREEMENT. PLEASE READ THE USER AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE USER AGREEMENT, DO NOT USE THIS WEBSITE
1. Purpose of Website. The purpose of the Website is to provide an online forum to promote the artwork of Jospinaortiz.com. The Website is not targeted towards, nor intended for use by anyone under the age of 18. By using this Website, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the Website. Jospinaortiz.com reserves the right to terminate your membership in the event that it becomes aware you are under 18. Use of the content or materials for any purpose not expressly set forth or permitted in this User Agreement is prohibited.
3. Intellectual Property Rights. You agree that all right, title, and interest (including all copyrights, trademarks, service marks, patents, and other intellectual property rights) in this Website and its content belong to jospinaortiz.com, or its licensors, as applicable. Except for the limited license contained in paragraph 4 above, nothing in this User Agreement grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
4. No Solicitation. You shall not distribute on or through the Website or to any persons or entities identified via the Website any content or material containing solicitations or advertising of any kind without the express prior written permission of jospinaortiz.com.
5. Postings. You agree not to post, publish, upload, or distribute in the interactive areas on this Website any messages, data, information, text, graphics, links, or other material (”Postings”) which are intentionally, unintentionally, or may reasonably be considered to be:
• false, inaccurate or misleading;
• defamatory, libelous, abusive, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• pornographic or obscene;
• infringing on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• anything that would constitute or encourage a criminal offense;
• in violation of any local, state, federal, or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ);
• information for which you were compensated or granted any consideration by any third party;
• information that references addresses, email addresses, contact information or phone numbers, other than your own; or
• that contains any computer viruses, worms or other potentially damaging computer programs or files.
6. Copyrights – Copyright Infringement. All content available on this Website, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Jospinaortiz.com, with all rights reserved, or is the property of Jospinaortiz.com or third parties protected by intellectual property rights. Jospinaortiz.com reserves the right to remove any content or links that allegedly infringe another person’s copyright. Jospinaortiz.com will terminate, in appropriate circumstances, any subscriber or user accounts that might exist with respect to Jospinaortiz.com’s system or network who are repeat offenders of another’s copyrights.
If you believe content on the Website infringes your copyright, you should send notice of copyright infringement to Jospinaortiz.com’s Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
• An identification of the copyrighted work claimed to have been infringed;
• An identification of the material that you claim is infringing so that we may locate it on the site;
• Your address, telephone number and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved; and
• Your signature.
The notice should be emailed to: firstname.lastname@example.org with the subject “Copyright Notices”.
Upon receipt of notice as described above, Jospinaortiz.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
7. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Jospinaortiz.com will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.
8. Registration. Certain sections of this Website may require you to register. If registration is requested, you agree to provide Jospinaortiz.com with accurate, complete registration information. Your registration must be done using accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform Provider of any changes to that information. Each registration is for your personal use only, unless specifically designated otherwise on the registration page and you are responsible for preventing unauthorized use of your password. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions.
9. Third-Party Content. Third-party content may appear on this Website or may be accessible via links from this Website. Jospinaortiz.com shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Jospinaortiz.com.
10. DISCLAIMER. Jospinaortiz.com does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. Jospinaortiz.com does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. Jospinaortiz.com may make improvements and/or changes to its features, functionality or content of the Website at any time. THE WEBSITE IS PROVIDED ON AN “AS IS ” BASIS. JOSPINAORTIZ.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JOSPINAORTIZ.COM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
11. LIMITATION OF LIABILITY AND DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN CHAT ROOMS, MESSAGE BOARDS, OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00.
12. Unlawful Activity. Jospinaortiz.com reserves the right to investigate complaints or reported violations of our User Agreement and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
13. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Website. You agree to indemnify and hold harmless Jospinaortiz.com from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of this User Agreement, your use of the Website, or your violation of any rights of a third party.
14. Remedies for Violations. Jospinaortiz.com reserves the right to seek all remedies available at law and in equity for violations of this User Agreement, including but not limited to the right to block access from a particular Internet address to the Website and its features.
15. Governing Law, Jurisdiction and Arbitration. This User Agreement is governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of laws. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
17. Severability of Provisions. This User Agreement incorporates by reference all notices and disclaimers contained on the Website and constitute the entire agreement between you and Jospinaortiz.com with respect to access to and use of the Website. If any provision of this User Agreement is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of this User Agreement.
18. Assignment. You agree that this User Agreement and all agreements and information incorporated herein may be automatically assigned by Jospinaortiz.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.
19. Modifications to this User Agreement. Jospinaortiz.com reserves the right to amend this User Agreement at any time. Updated versions of the User Agreement will appear on this Website and are effective immediately. You are responsible for regularly reviewing the User Agreement. Continued use of the Website after any such changes constitutes your consent to such changes.