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Principal > TERMS AND CONDITIONS OF USE of MIZONAHISPANA.COM
 
TERMS AND CONDITIONS OF USE of MIZONAHISPANA.COM

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

1. COPYRIGHT AND TRADEMARKS.Copyright © 2006 Manduca Hispanic Markets, LLC. All Rights Reserved. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement and “look and feel” (collectively, the “Site”), is owned by Manduca Hispanic Markets, LLC. (“Mi Zona”) or its affiliates unless otherwise indicated and are protected by United States copyright law. Mi Zona expressly prohibits users from selling, modifying, reproducing, exhibiting, showing or distributing material from the Site for commercial or delivery purposes without express written consent from Mi Zona. Use of Site material on any other website for any purpose is strictly prohibited. The user agrees that any copy which he or she makes of information contained on the Site shall retain all copyright and other proprietary notices contained therein, and that any other use of documents published on the Site without prior written approval from Mi Zona is strictly prohibited. The user shall not copy, modify, distribute, transmit, display, execute, reproduce, publish, license, or create any works from this Site. The user may not copy or adapt the HTML code, protected by copyright of Mi Zona, that has been created by Mi Zona for this Site. Trademarks on the Site are property of Mi Zona, have been duly registered to Mi Zona or the use thereof has been licensed to Mi Zona. Unauthorized use is strictly prohibited and Mi Zona reserves the right to assert any claim or cause of action it deems appropriate.

2. ACCEPTANCE OF TERMS AND CONDITIONS OF USE. By accessing the Site, the user hereby acknowledges having read and understood these Terms and Conditions of Use and agrees to be bound thereby. If the user does not agree to these Terms and Conditions of Use, he or she may not access or otherwise use the Site. Mi Zona is entitled to modify the Terms and Conditions of use at any time, and said Terms and Conditions of Use shall be effective upon placement in the Site. The user should review this section regularly in order to keep abreast of such modifications and renewed access to the Site shall be construed as an acceptance of any new conditions therewith. The user acknowledges access to the Site is of user’s own will and volition and agrees to submit to Mi Zona’s use of any technology it deems necessary to validate the user’s username and password. Mi Zona may validly inform users of the Site of any topic related to the Site through notices on the Site, email as provided by the user or any other address of the user managed by Mi Zona.

3. USE OF INFORMATION AND MATERIALS. Unauthorized use of the Site and Mi Zona’s systems including but not limited to (i) accessing data not intended for the user; (ii) assessing or testing the vulnerability of a system or network; (iii) use of security or identification policies without prior authorization from Mi Zona; (iv) prevention of users, hosts or networks from using the Site by any means; (v) sending unsolicited e-mails; (vi) forging the heading or any portion of the heading of a TCP/IP package of an e-mail or in messages on discussion forums; (vi) the unauthorized entry into Mi Zona’s systems; (vii) misuse of passwords; or (viii) misuse of any information posted on a site is strictly prohibited. A violation of this section may result in civil or criminal penalties. Mi Zona may investigate violations of these Terms and Conditions of Use and contact the relevant authorities. Any attempt to or publication, transmission, download or link of obscene, pornographic, vulgar, illegal or offensive content by the user is strictly prohibited. Mi Zona reserves the right to ban any such user from the system and subject the user to the appropriate legal action. Additionally, the use of internal links of this Site for purposes different from the purposes set forth herein is strictly prohibited. The user’s eligibility for particular products and services is subject to final determination by Mi Zona or its affiliates. The user agrees and acknowledges that in the event that Mi Zona adds a website, uniform resource locator or search mechanism, such additions shall be governed by these Terms and Conditions of Use. Mi Zona reserves the right of indexing in any search mechanisms administered and handled thereby any site and URL in its possession. Mi Zona strictly prohibits the use of the name “mizonahispana.com” or similar names as key terms of meta-tags in websites other than the Site. Mi Zona does not allow for use, in whole or in part, of the Site through frames without its express consent. Any use or display elsewhere of any content of the Site shall be construed as direct violation of these Terms and Conditions of Use, and Mi Zona shall be entitled to file the relevant claim or cause of action.

4. LIMITATION OF LIABILITY. In no event will Mi Zona or its affiliates, officers, directors, employees, agents or advisors be liable for any damages, including, without limitation, direct or indirect, special, incidental, moral or consequential damages, losses or expenses, including attorneys’ fees, arising in connection with the Site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Mi Zona, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Mi Zona shall not be responsible for, and the user does agree to hold Mi Zona harmless from and against any damages caused to any third party arising from illegal or illegitimate handling of information systems of Mi Zona, to the detriment of reliance or good faith of users. Users are encouraged to report through the Site webmaster any abnormal use or operation of the Site. Mi Zona shall strive to provide high-quality service through its systems and employees and to safeguard the data supplied by users of the Site. Mi Zona retains experts and employees to safeguard such data and, as such, these services are not under the control of Mi Zona and service providers are solely responsible for them. The user is responsible for requesting appropriate information from experts and employees retained for security services. From time to time, information, including news, reports and other data, prepared by outside parties (non-Affiliates of Mi Zona) may appear on the Site. By accepting these Terms and Conditions of Use, the user acknowledges that such third party information is for the user’s personal use only and that the user will not retransmit or republish it in any form. The user acknowledges that any such third party information is obtained from sources believed to be reliable, is provided solely on a best efforts basis for the user’s convenience, and that no representations, warranties or guarantees are made by Mi Zona or any provider of such third party information as to the accuracy, completeness, timeliness or correct sequencing thereof. Third party information has been prepared as of the date(s) indicated and may become unreliable because of subsequent circumstances. Neither Mi Zona nor the provider of such information is under any obligation to update such information or continue to offer such information. Authors are solely responsible for their remarks and views in articles. Reported events or developments are for reference only. Mi Zona shall not be liable for any decision made by the user based on such information. The user hereby agrees and acknowledges that this Site has been designed for enhanced performance with some browsers, and as such, the user waives the right to any claim and shall hold Mi Zona harmless from and against any liability to the user with regard to browser performance. The user agrees and acknowledges that the Site has been published on the internet and can be linked to from a third party website without the consent or knowledge of Mi Zona. Therefore, the user shall hold Mi Zona or its affiliates, officers, directors, employees, agents or advisors harmless from and against any damages resulting from the use of this Site by a third party. The user understands and agrees that Mi Zona cannot represent or warrant that the text files or graphics available for downloading from the Site are free from a virus, Trojan horses or harmful and destructive mechanisms. The user shall hold Mi Zona harmless from damages sustained as a result from such mechanisms.

5. LINKS. The Site may contain links to websites controlled or offered by third parties (non-affiliates of Mi Zona). Mi Zona hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to this site. By creating a link to a third party website, Mi Zona does not endorse or recommend any products or services offered or information contained at that website, nor is Mi Zona liable for any failure of products or services offered or advertised at those websites. A third party may have a privacy policy different from that at Mi Zona and the third party website may provide less security than the Mi Zona Site. The use of the Site shall be at the exclusive risk of the user. The user may authorize third parties willing to establish a link from the third party’s website to the Site. The user acknowledges and agrees that Mi Zona shall not be accountable for damages to users that in good faith access the Site from third party websites, whether authorized or not.

6. ADVERTISEMENTS. Any and all issues related to banners, classified ads and advertisement agreements shall be governed by the commercial conditions set forth in such agreements that shall be prepared separately for such purpose and supplementary to the [Terms and Conditions of Use and Privacy Policy] included in the Site.

7. USE OF WEB SERVICES. The user agrees that in the event that Mi Zona offers services such as B.B.S, chat, email, newsgroups, auction-related services, classified ads, discussion forums, message boards or other means of communication amongst users (collectively, the “Communities”), the user shall use such services only to send and receive appropriate and related messages and materials. The user agrees that while using the Site, he shall not: (i) defame, abuse, harass or threaten or violate civil or human rights, or any other rights, including the privacy of other users; (ii) publish, post or upload to the Site, or distribute or disseminate any materials viewed as profane, indecent, pornographic or of similar nature; (iii) upload materials protected by intellectual property laws, unless authorized by Mi Zona and the owner of the materials; (iv) upload files containing a virus, corrupted files or any software or code that may affect adversely the programming and operations of this Site and the computers of the users of the Site; (v) offer or sell goods or services, except within the extent of the aforementioned ads; (vi) engage in surveys, contests, games, chain letters or similar activities on the Site; (vii) download or distribute materials posted in the Communities, except as authorized by these Terms and Conditions of Use; (viii) forge or erase copyright references or any other reference to the original source or to any material contained in any file uploaded in the Site; or (ix) prevent or restrict access to the Communities, or hinder or restrict the use thereof. Mi Zona reserves the right to remove a user from one or all the Communities at any time and for any reason, without remedy to the user. The user agrees that participation in the Communities shall be at his or her own risk. Additionally, Mi Zona shall not be liable in monitoring the Communities and reserves the right to supply information to the appropriate authorities when required to do so. Mi Zona reserves the right to edit, modify or publish information in the Communities at its own discretion. The user agrees and acknowledges that the Communities are public forums where information is in the public domain. Mi Zona encourages users in the Communities to exercise discretion when providing confidential information. Mi Zona certifies that it does not promote or control the content, images or information in the Communities and Mi Zona disclaims responsibility for damages that may be caused to users or third parties with access to Communities. Forum administrators and hosts of the Communities are not representatives of Mi Zona, and Mi Zona does not endorse their views. The information and materials contained in the Communities, including text, graphics, links or other items are provided “as is” and “as available”. Mi Zona does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including, but not limited to, the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. The user acknowledges that the information, programs and products shown in the Communities can contain inaccuracies and typographical errors and agrees to not hold Mi Zona liable for any damages caused as a result thereof. The users of Communities may download or print out all or part of materials that can be found in the Communities for personal use only. The user understands that access to this Site grants to Mi Zona an indefinite, free and worldwide license, including the right to sub-license, reproduce, distribute, transmit, create derived works, display and publish information, materials or ideas that the user may supply to the Communities by any means. Mi Zona also is entitled to use the name of the contributing user, and any other information related to publicity, marketing and promotion of the materials supplied by the user. The user waives the right to claim any sum of money as a result of Mi Zona’s use or argue that a violation of proprietary rights has occurred whenever Mi Zona uses this information. The user shall post classified ads at his or her own risk and responsibility. Mi Zona does not represent or warrant the truthfulness, accuracy or reliability of any material posted by a user on the Site. The user shall take full responsibility for investigating the source, ownership, characteristics, condition and good working order or performance of goods or services offered in classified ads. Mi Zona does not represent or warrant in any manner whatsoever the ownership, availability or legal nature of goods or services posted in a classified ad. The user holds Mi Zona harmless from any legal responsibility arising from the dealings based on the Site. Mi Zona shall not bear responsibility for any goods put on sale by a user.

8. TERMINATION OF SERVICE. Mi Zona may, at its own discretion, without prior notice, terminate the service provided by the Site, remove a user from its database and prevent access to the Site.

9. SPAM. It is policy of Mi Zona not to use email addresses provided to send unsolicited email or advertising, a practice commonly known as “spam.” In this regard, Mi Zona shall strive to enforce such policy. Mi Zona shall not use any email address provided by the user for purposes other than the purposes related to the service provided through the Site.

10. ACCESS OF MINORS. In the event of access of minors to the services of the Site, Mi Zona assumes that they do so with due consent of their legal guardians.

11. PARTNERSHIPS OR ASSOCIATIONS. The user acknowledges and agrees that by visiting the Site, no partnership, association, joint venture, agency, tenure or agreement is created with Mi Zona.

12. SEVERABILITY. If any provision contained in this Terms and Conditions of Use is held by an authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed and all other provisions shall remain in full force and effect.

13. GOVERNING LAW; INJUNCTIVE RELIEF. Use of the Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of New York without giving effect to the conflict of laws provisions thereof. The user hereby acknowledges and agrees that Mi Zona may be harmed irreparably by any violation of these Terms and Conditions of Use and that Mi Zona shall be entitled to injunctive relief to enforce these Terms and Conditions of Use.


 
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