Last modified: September 1st, 2010
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Amendments of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice to you. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date this Agreement was last revised. You are encouraged to revisit this Agreement, from time to time, in order to review any changes that have been made. Our last update was September 1, 2010. Your continued access and use of coleccioncisneros.org following the posting of any such changes shall automatically be deemed your acceptance of all changes. It is your duty to check this Agreement to determine if there have been any changes to this Agreement and to review such changes.
Consideration and Your Compliance with this Agreement
Your Access and Use of coleccioncisneros.org
Your access and use of coleccioncisneros.org may be interrupted from, time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of coleccioncisneros.org or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of coleccioncisneros.org and/or any portion or feature of coleccioncisneros.org at any time in our sole discretion and without prior notice.
You shall not:
• metatag or frame coleccioncisneros.org, without our prior express written permission;
• disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of coleccioncisneros.org are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• interfere with or disrupt coleccioncisneros.org or servers or networks connected to coleccioncisneros.org;
• “stalk” or otherwise harass other users;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, any of our employees, officers or directors, forum leaders, guides or hosts, or falsely state or misrepresent your affiliation with a person or entity;
• forge headers;
• disguise the origin of any content transmitted through coleccioncisneros.org;
• collect or store personal data about other users; or
• directly solicit business for yourself or others.
Public Forums and User Submissions
coleccioncisneros.org may act as a venue, through its blogs, messaging, chat rooms, bulletin boards and other social networking forums (collectively, the “Forums”), allowing users to contribute information and make statements (“User Submissions”). We are not involved in the actual transmission of User Submissions provided for in the Forums. As a result, we do not approve or endorse any User Submissions in the Forums.
WE DO NOT MONITOR, REVIEW, OR SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION POSTED ON COLECCIONCISNEROS.ORG OR PROVIDED TO US BY OTHERS.
YOU SHOULD NOT PROVIDE PERSONAL INFORMATION TO OTHER USERS OR POST PERSONAL INFORMATION IN A PUBLIC PLACE WHERE SUCH INFORMATION MIGHT BE USED TO HARM OR HARASS YOU.
WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, APPLICABILITY, COMPLETENESS, CURRENCY OR QUALITY OF ANY SUCH USER SUBMISSIONS, OR THE QUALIFICATIONS OF THOSE POSTING USER SUBMISSIONS. WE ASSUME NO RESPONSIBILITY FOR INFORMATION POSTED ON COLECCIONCISNEROS.ORG BY OTHERS, INCLUDING, BUT NOT LIMITED TO, USERS AND ADVERTISERS.
Immediately report problems with the Forums to us at: info(at)coleccioncisneros (dot)org.
You acknowledge and agree that we and our designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, to remove, or to block access to any User Submission that is available via coleccioncisneors.org at any time, for any reason, or for no reason at all, with or without notice.
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 will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, moral rights, 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 coleccioncisneros.org and this Agreement; and (iii) 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 coleccioncisneros.org and this Agreement.
If you transmit, submit or post information to coleccioncisneros.org that is not Federally trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from us to transmit, submit or post information to coleccioncisneros.org that is Federally trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not upload, transmit, submit or post the following to coleccioncisneros.org:
• Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance or regulation;
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
• Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, pyramid schemes, or any form of “spam”;
• Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without our written permission; or
• Federally trademarked and/or copyrighted information without our written permission.
You shall be solely responsible for all your transmissions, submissions or postings (i.e., your own User Submissions) and the consequences of transmitting, submitting or posting them.
Inappropriate User Submissions
You understand that when using coleccioncisneros.org, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Submissions provided for by you or any other person or entity in the Forums. You may find User Submissions posted in the Forums by other users to be offensive, harmful, indecent, objectionable, inaccurate or deceptive. You understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our owners, and operators, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of coleccioncisneros.org
We assume no responsibility for monitoring coleccioncisneros.org for inappropriate content or conduct. If at any time we chose, in our sole discretion, to monitor coleccioncisneros.org, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. We may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with coleccioncisneros.org (collectively “Inappropriate User Submissions”). You are solely responsible for the User Submissions that you make visible on coleccioncisneros.org or to any third-party website via an embedded player provided by coleccioncisneros.org or any other material or information that you transmit or share with other Users or unrelated third-parties via coleccioncisneros.org.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on its Website, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. We reserve the right to remove Content and User Submissions without prior notice. We will also terminate a User’s access to coleccioncisneros.org, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from coleccioncisneros.org more than twice. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscenity, or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
YOU SHALL NOT USE COLECCIONCISNEROS.ORG AND SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
We reserve the right to terminate your access to and/or use of coleccioncisneros.org and remove and discard any content and User Submissions at any time for any reason, including, without limitation, any failure to comply with any part of this Agreement. We reserve the right, in our sole discretion, to change or discontinue all or part of the coleccioncisneros.org and content at any time, without notice. You agree that any termination of your access to or use of coleccioncisneros.org and any discontinuation by us in providing coleccioncisneros.org may be effected without notice to you and that we shall be under no obligation to retain any User Submissions, provide any further access to any User Submissions or return any User Submissions to you. You agree that we shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation.
Consent to Receive Emails
By using coleccioncisneros.org, you consent to receive emails from coleccioncisneros.org. If at any time you should decide that you no longer wish to receive emails from coleccioncisneros.org, you may opt out of receiving emails by clicking on the unsubscribe button at the end of the website.
Our Intellectual Property Rights
The names “coleccioncisneros.org”, “cisneroscollection.org” and our graphics, logos, page headers, button icons, scripts, and service names are our or our affiliates’ trademarks or trade dress, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on coleccioncisneros.org. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, coleccioncisneros.org (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on coleccioncisneros.org (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You are solely responsible for any damage resulting from your infringement of our or any third party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our express prior written permission, which permission may be withheld in our sole discretion.
You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written permission, which permission may be withheld in our sole discretion.
We encourage and permit you to include text links to content on coleccioncisneros.org on your Web site(s), provided that: (a) any text-only link must clearly be marked “Fundacion Cisneros/Colección Patricia Phelps de Cisneros” or “www.coleccioncisneros.org,” (b) any link that is not text-only must be the approved logo and accompanying code; (c) the link must further the mission of the CPPC and the purpose of coleccioncisneros.org; (d) the appearance, position, and other aspects of the link and host Web site may not be misleading, fraudulent, or in any other manner damage or dilute the goodwill associated with our name and trademarks, as determined by us in our sole discretion; (e) the appearance, position and other aspects of the link and host Web site may not create the false appearance that an entity other than us is associated with the link, or that the host Web site is sponsored by us; (f) the link, when activated by an Internet user, must display coleccioncisneros.org full-screen and not with a “frame” on the linked Web site; and (g) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending this Agreement.
We are not responsible for any information, content, or materials contained or provided for on any such host Web site. Links to coleccioncisneros.org are allowed solely for convenience to Internet users and to further the mission of the CPPC and the purpose of coleccioncisneros.org, and are not intended as an endorsement by us of the organization or individual operating the host Web site or a warranty of any type regarding the host Web site or the information on the host Web site.
Access and Interference
Unless it is for searching and indexing purposes only, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor coleccioncisneros.org or any portion of coleccioncisneros.org or for any other purpose, without our express written permission which may be withheld in our sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from coleccioncisneros.org without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of coleccioncisneros.org or any activities conducted on coleccioncisneros.org; or (iv) bypass measures we may use to prevent or restrict access to coleccioncisneros.org. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials form coleccioncisneros.org for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from coleccioncisneros.org. You shall not use any communication systems provided on coleccioncisneros.org (i.e., Forums or e-mail) for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any users of coleccioncisneros.org without our prior, written consent.
When you visit coleccioncisneros.org or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on coleccioncisneros.org. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use coleccioncisneros.org, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of coleccioncisneros.org.
Third Party Links
There may be provided on coleccioncisneros.org links to other Web sites belonging to our advertisers, business partners, affiliates and other third parties. Such links do not constitute our endorsement of those Web sites, nor the products or services listed on those Web sites. We are not responsible for the activities or policies of those Web sites. We do not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. You agree that we are not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, for any failure to deliver any merchandise or services promised, or for any losses or damages you may incur as the result of your dealings win any advertisers, business partners, affiliates and other third parties.
It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We shall in appropriate circumstances disable and/or terminate access of users who may infringe or repeatedly infringe our or others’ copyrights or other intellectual property rights.
Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to our designated agent. Our designated agent contact information is set forth below:
Address of Designated Agent to Which Notification Should be Sent:
Fundación Cisneros/Colección Patricia Phelps de Cisneros
c/o Hazelwood House
2 East 78th Street
New York, NY 10075
Attn: Communications Department
Facsimile number of designated agent: 212.717.6183
E-mail address of designated agent: info(at)coleccioncisneros(dot)org
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
2. 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;
3. 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;
4. 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;
5. 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; and
6. 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.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
1. We will remove or disable access to the material that is alleged to be infringing;
2. We will forward the written Notification to the alleged infringer (“Subscriber”); and
3. We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which our offices may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
1. We will promptly provide the Complaining Party with a copy of the Counter Notification;
2. We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
3. We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.
We Make No Representations or Warranties
THE CONTENT, INCLUDING USER SUBMISSIONS, AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH COLECCIONCISNEROS.ORG ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF COLECCIONCISNEROS.ORG OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH COLECCIONCISNEROS.ORG. YOU EXPRESSLY AGREE THAT YOUR USE OF COLECCIONCISNEROS.ORG AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH COLECCIONCISNEROS.ORG IS AT YOUR SOLE RISK.
WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH COLECCIONCISNEROS.ORG, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH COLECCIONCISNEROS.ORG. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH COLECCIONCISNEROS.ORG. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM COLECCIONCISNEROS.ORG IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
coleccioncisneros.org is controlled and offered by us through our agent in the United States of America. We make no representations that coleccioncisneros.org is appropriate or available for use in other jurisdictions. If you access or use coleccioncisneros.org from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Our Liability
WE SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF COLECCIONCISNEROS.ORG; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE COLECCIONCISNEROS.ORG FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH COLECCIONCISNEROS.ORG, OR OTHERWISE ARISING OUT OF THE USE OF COLECCIONCISNEROS.ORG, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILIATES AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON COLECCIONCISNEROS.ORG, INCLUDING WITHOUT LIMITATION, ATTORNEY, CPA OR OTHER SERVICE PROVIDER PROFILE INFORMATION.
WE HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH COLECCIONCISNEROS.ORG, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY AT YOUR OWN RISK.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER-GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO COLECCIONCISNEROS.ORG MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Us
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of coleccioncisneros.org; and/or (iv) your transmissions, submissions or postings (i.e., your own User Submissions).
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of New York County, New York, or the United States District Court, Southern District of New York. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) coleccioncisneros.org, through its agent in the United States, shall be deemed based in the State of New York; and (ii) coleccioncisneros.org shall be deemed a passive Web site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of New York. This Agreement is to be governed by and construed in accordance with the internal laws of the State of New York, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in New York County, New York.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING COLECCIONCISNEROS.ORG YOU CONSENT TO THESE RESTRICTIONS.
You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in New York County, New York.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive damages and both you and we hereby waive your and our respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
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